(a) Be in an amount that is:
(A) A minimum of $10,000; or
(B) An amount the director specifies by rule.
(b) Require the surety company to provide written notice to the director by registered or certified mail:
(A) At least 30 days before the surety company cancels or revokes the bond; or
(B) Whenever the surety company pays for a loss under the bond.
(c) Satisfy the provisions of subsection (2) of this section.
(2) The bond that a debt management service provider must file under subsection (1) of this section, in addition to the requirements set forth under subsection (1) of this section, must be:
(a) Payable to the order of the director; and
(b) Conditioned so that the corporate surety or the debt management service provider upon the director’s order or a court order pays all amounts due for a violation of the debt management service provider’s duties and obligations to consumers under ORS 697.652 to 697.702.
(3) If a surety cancels, revokes or otherwise terminates a bond required under subsection (1) of this section or if the amount of the bond is reduced to less than the amount required under subsection (1) of this section, the debt management service provider shall immediately:
(a) File a replacement bond; or
(b) Surrender the debt management service provider’s registration to the director and cease operating as a debt management service provider or providing debt management services.
(4) A person that has a right of action against a debt management service provider under ORS 697.718 has a right of action against the bond required under subsection (1) of this section. [1983 c.17 §6; 1989 c.209 §2; 2009 c.604 §4]
Structure 2021 Oregon Revised Statutes
Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers
Section 697.005 - Definitions for ORS 697.005 to 697.095.
Section 697.039 - Revocation, suspension or refusal to issue or renew registration.
Section 697.086 - Rules for collection of child support payments.
Section 697.087 - Injunction; damages; attorney fees; limitation on actions.
Section 697.091 - Fees or compensation received in violation of law; disposition.
Section 697.093 - Enforcement.
Section 697.094 - Orders issued under ORS 697.093.
Section 697.095 - Civil penalties.
Section 697.105 - Fee for collection of debt owed public body; notice to debtor; amount.
Section 697.107 - Prohibition on use of public agency or public official seal or letterhead.
Section 697.115 - Fee for collection of commercial debt; amount; limit.
Section 697.500 - Definitions for ORS 697.500 to 697.555.
Section 697.502 - Exemptions from licensing and record-keeping requirements.
Section 697.510 - License application form and contents; waiver; rules.
Section 697.512 - Application fee and investigation fee; rules.
Section 697.520 - Prohibited practices; effect on charges for dishonored payment instruments.
Section 697.522 - Receipt; contents.
Section 697.524 - Endorsement and deposit of payment instruments.
Section 697.528 - Records; retention; examination costs; rules.
Section 697.530 - Prohibited conduct.
Section 697.540 - Suspension or revocation of license; grounds; notice and hearing.
Section 697.542 - Powers of director; cease and desist order.
Section 697.555 - Civil penalties; restitution.
Section 697.602 - Definitions for ORS 697.602 to 697.842.
Section 697.612 - Registration requirement; exceptions.
Section 697.632 - Registration procedure; fees; rules.
Section 697.642 - Bond requirement.
Section 697.662 - Prohibited practices.
Section 697.672 - Requirement to make, keep and maintain records; rules.
Section 697.682 - Trust accounts for client funds; statements.
Section 697.702 - Interference with records of debt management service provider.
Section 697.707 - Required disclosures.
Section 697.752 - Grounds for denial, revocation or suspension of registration.
Section 697.762 - Enjoining violations; attorney fees; damages.
Section 697.822 - Remedy not exclusive.
Section 697.825 - Enforcement; orders.