SUMMARY
This chapter is excerpted from the 2013 edition of Consumer Law in Oregon, which will enable you to protect your clients' financial interests and advise them about available rights and remedies. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 23
OREGON UNLAWFUL DEBT COLLECTION PRACTICES ACT
Bret Knewtson
§23.1 INTRODUCTION
§23.2 ESSENTIAL ELEMENTS
§23.2-1 In General
§23.2-2 Definitions
§23.2-3 Prohibited Debt Collection Activities
§23.3 TYPICAL PARTIES AND FACT SITUATIONS
§23.3-1 In General
§23.3-2 Communication Threatening Arrest or Criminal Prosecution
§23.3-3 Communication Threatening Seizure, Attachment, or Sale of Debtor’s Property
§23.3-4 Harassing Communications
§23.3-5 Communication Threatening Legal Action
§23.4 ADVANTAGES
§23.5 PITFALLS AND HAZARDS
§23.5-1 Short Statute of Limitations
§23.5-2 Potential Liability for Attorney Fees
§23.6 REMEDIES AND DAMAGES
§23.6-1 In General
§23.6-2 Violation Must Be Willful
§23.6-3 Statutory Minimum Damages
§23.6-4 Actual Damages
§23.6-5 Emotional Distress Damages
§23.6-6 Punitive Damages
§23.6-7 Attorney Fees
§23.7 STATUTE OF LIMITATIONS
§23.8 PLEADING AND PRACTICE
§23.8-1 Alternative Theories
§23.8-2 Necessity of Pleading Willfulness
§23.8-3 Punitive Damages Pleading Requirements
§23.8-4 Necessity of Pleading Right to Attorney Fees
§23.8-5 Compliance with Fair Debt Collection Practices Act
§23.8-6 Effect of Claim on Attorney Fees Under ORS 20.080