Oregon Law
Law as of Jan 1, 2024
Chapter contents
725A.010Definitions 725A.012Application 725A.020Licensing requirement 725A.022License application; contents; fee; rules 725A.024License application approval; license issuance; applicant qualifications; license denial; term of license; rules 725A.026Grounds for disapproving license application 725A.028License fee; other fees; rules 725A.030Annual report; contents; penalty; rules 725A.032Business name and location 725A.034License revocation and suspension 725A.036License reinstatement; fee 725A.038License surrender 725A.040Effect of license revocation, suspension or surrender 725A.050Director’s power to examine or investigate; costs 725A.052Record keeping requirements 725A.054Duty to report defalcation; audit 725A.056Loan disclosure requirements; receipt; procedure after full loan repayment 725A.058Dissemination of false, misleading or deceptive statement 725A.060Prohibited conduct generally 725A.062Prohibited conduct for title loan lender 725A.064Prohibited conduct for payday loan lender 725A.080Complaint and administrative remedy 725A.082Cease and desist order 725A.084Suspension or removal of officer or director of licensee 725A.086Limitation of personal liability 725A.090Loan tracking and counseling system; rules; fees 725A.092Rules 725A.500Definitions 725A.503Prohibition on servicing student loan without license; exceptions; powers of Director of Department of Consumer and Business Services; rules 725A.506Application for licensing; required contents; fee; bonding; power of director to issue, deny, revoke or refuse to renew license; date of expiration; rules 725A.509Duties of licensee; assumed business name 725A.512Requirement to maintain liquidity, operating reserves and tangible net worth; taking possession of licensee’s property for failure to meet requirement; appointment of receiver 725A.515Required notifications from licensee to director 725A.518Supervisory powers of director; examination of licensee; charge for costs of examination; multistate cooperation; rules 725A.521Required practices under federal student loan agreement; prohibitions; exemptions 725A.524Investigation of complaints; confidentiality of materials obtained in investigation; exceptions; charge for costs of investigation 725A.527Violations; orders of director; remedies; civil penalties; charge for costs of proceeding 725A.530Ombudsman; duties; report to Legislative Assembly 725A.990Penalties

Chapter 725A — Short-Term Loans and Student Loan Servicing

ORS 725A.020 Licensing requirement

(1)(a)

Except as provided in ORS 82.010, 82.020 and 82.025 and subject to subsection (2) of this section, a person may not conduct business as a payday loan lender or a title loan lender unless the person obtains a license under

ORS 725A.024.

(b)

A person may not act as an agent, broker or facilitator for making a payday loan or title loan unless the person obtains a license under ORS 725A.024, regardless of whether the principal that makes the payday loan or title loan must obtain a license under paragraph (a) of this subsection.

(2)

If at the time a person made a payday loan or title loan the person did not have a license from the Director of the Department of Consumer and Business Services under ORS 725A.024, the payday loan or title loan is void, and the person, or a successor, assignee or affiliate of the person, may not deposit a borrower’s or consumer’s check, withdraw moneys from a borrower’s or consumer’s account or otherwise collect, receive or retain principal, interest, a fee or a charge related to or in connection with the payday loan or title loan.

(3)

Subsection (1) of this section does not apply to a person that does not collect a fee or consideration in connection with a payday loan or title loan or an application for a payday loan or title loan and:

(a)

Does not interact directly with a borrower or consumer;

(b)

Acts solely as an intermediary between the borrower or consumer and a lender or a person that conducts business as a broker or facilitator for a payday loan or title loan;

(c)

Transmits information, electronically or otherwise, concerning the borrower or consumer to a lender or a person that conducts business as a broker or facilitator for a payday loan or title loan; or

(d)

Prepares, issues or delivers a negotiable instrument to a lender or a person that conducts business as a broker or facilitator for a payday loan or title loan, for subsequent delivery to a borrower or consumer.

(4)

The director by order may determine whether and how a person may collect principal, interest, a fee or a charge related to or in connection with a payday loan or title loan if the director determines that a license the director issued under ORS 725A.024 lapsed inadvertently or by mistake.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.