(2) Except as provided in this subsection, an action or suit may not be commenced under this section more than three years after the date on which the debt management service provider or person enters into an agreement for a debt management service with the consumer that suffered the ascertainable loss of money or property or more than three years after the debt management service provider or person performs a debt management service that violates ORS 697.652. An action under this section may be commenced within three years after the transaction that is the subject of the action or within two years after the facts on which the action is based were or should have been discovered, but an action may not be commenced more than five years after the transaction. Failure to commence an action on a timely basis is an affirmative defense.
(3) A consumer that has a right of action against a debt management service provider under this section has a right of action against the bond required under ORS 697.642.
(4) A court may award reasonable attorney fees to the prevailing party in an action brought under this section. [2009 c.604 §20]
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.