(2) The debt management service provider may establish a separate trust account for each consumer with whom the debt management service provider does business, or may establish a single trust account in which the debt management service provider keeps all consumer funds. If the debt management service provider establishes a single trust account, the debt management service provider shall maintain a separate ledger or other record of receipts and disbursements for each consumer on whose behalf the debt management service provider holds funds in the account. The debt management service provider in the financial statement required under subsection (4) of this section and the agreement described in ORS 697.652 shall disclose the amount of interest earned on the consumer’s funds in the separate trust account or the amount attributable to the consumer’s share of the single trust account to the extent that the interest earned exceeds the fees the financial institution charges to maintain the trust account.
(3) The debt management service provider shall deposit into the trust account all wages, salary, income, credits or proceeds from property that the debt management service provider receives from the consumer or the consumer’s property and shall disburse from the trust account all payments the debt management service provider makes on the consumer’s behalf, including payments of the debt management service provider’s fees or charges.
(4) The debt management service provider without charge shall provide to the consumer in accordance with the terms of the agreement described in ORS 697.652, or at the consumer’s request for the period of time the consumer specifies, a statement of the funds or property that the debt management service provider received from or on behalf of the consumer and the disbursements that the debt management service provider made from the trust account under the terms of the agreement.
(5) A debt management service provider may not deposit in a trust account on a single consumer’s behalf more than $250,000 in consumer funds. [1983 c.17 §10; 2009 c.604 §8]
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.