Oregon Revised Statutes Chapter 697 § 697.005 — Definitions for ORS 697.005 to 697.095

Definitions for ORS 697.005 to 697.095. As used in ORS 697.005 to 697.095: (1)(a) “Collection agency” means: (A) A person that engages directly or indirectly in soliciting a claim for collection, or collecting or attempting to collect a claim that is owed, due or asserted to be owed or due to another person or to a public body at the time the person solicits, collects or attempts to collect the claim; (B) A person that directly or indirectly furnishes, attempts to furnish, sells or offers to sell forms represented to be a collection system even if the forms direct the debtor to pay the creditor and even if the creditor may or does use the forms in the creditor’s own name; (C) A person that, in attempting to collect or in collecting the person’s own claim, uses a fictitious name or any name other than the person’s own name that indicates to the debtor that a third person is collecting or attempting to collect the claim; (D) A person that engages in the business of soliciting the right to repossess or in repossessing collateral security due or asserted to be due to another person; or (E) A person that, in collecting claims from another person: (i) Uses any name other than the name regularly used in conducting the business out of which the claim arose; and (ii) Engages in any action or conduct that tends to convey the impression that a third party has been employed or engaged to collect the claim. (b) “Collection agency” does not include: (A) An individual who engages in soliciting claims for collection, or who collects or attempts to collect claims on behalf of a registrant under ORS 697.005 to 697.095, if the individual is an employee of the registrant. (B) An individual who collects or attempts to collect claims for not more than three employers, if the individual carries on all collection efforts in the name of the employer and the individual is an employee of the employer. (C) A person that prepares or mails monthly or periodic statements of accounts due on behalf of another person if all payments are made to the other person and the person that prepares the statements of accounts does not make other collection efforts. (D) An attorney-at-law rendering services in the performance of the duties of an attorney-at-law. (E) A licensed certified public accountant or public accountant who performs the duties of a licensed certified public accountant or public accountant. (F) A bank, mutual savings bank, consumer finance company, trust company, savings and loan association, credit union or debt consolidation agency. (G) A principal real estate broker that is licensed under ORS 696.020, with respect to any collection or billing activity that involves a real estate closing escrow, as defined in ORS 696.505. (H) An escrow agent that is licensed under ORS 696.511, with respect to the escrow agent’s: (i) Collection or billing activities that are related to closing an escrow, as defined in ORS 696.505, or related to a collection escrow, as defined in ORS 696.505; or (ii) Service as a trustee of a trust deed in accordance with ORS 86.713. (I) An individual who is regularly employed as a credit person or in a similar capacity by one person, firm or corporation that is not a collection agency. (J) A public officer or a person that acts under order of a court. (K) A person that acts as a property manager in collecting or billing for rent, fees, deposits or other sums due landlords of managed units. (L) A person that provides billing services. A person provides billing services for the purposes of this subparagraph if the person engages, directly or indirectly, in the business or pursuit of collecting claims for another person, whether in the other person’s name or any other name, by any means that: (i) Uses an accounting procedure, preparation of mail billing or any other means intended to accelerate cash flow to the other person’s bank account or to any separate trust account; and (ii) Does not include any personal contact or contact by telephone with the person from whom the claim is sought to be collected. (M) A person that provides factoring services. A person provides factoring services for the purposes of this subparagraph if the person engages, directly or indirectly, in the business or pursuit of: (i) Lending or advancing money to commercial clients on the security of merchandise or accounts receivable and then enforcing collection actions or procedures for the loans or advances; or (ii) Soliciting or collecting on accounts that have been purchased from commercial clients under an agreement whether or not the agreement: (I) Allows recourse against the commercial client; (II) Requires the commercial client to provide any form of guarantee of payment of the purchased account; or (III) Requires the commercial client to establish or maintain a reserve account in any form. (N) An individual employed by another person that operates as a collection age