# Oregon Collection Agency Registration Act — ORS 697.005 et seq.

The Oregon Collection Agency Registration Act regulates
**collection agencies** operating in Oregon. It is the
state-law parallel to the federal FDCPA, but it has a
**registration requirement** that creates a unique defense in
Oregon practice: unregistered collection agencies cannot sue
in Oregon courts (ORS 697.105).

Codified at **ORS 697.005–697.121**.

> **NOT LEGAL ADVICE.** Verify against current ORS.

## Definitions — ORS 697.005

### "Collection agency"

ORS 697.005(1) defines a collection agency broadly. Includes:

- A person who collects or attempts to collect debts owed to
  others, or
- A person who buys debt for the purpose of collecting it
  (i.e., **debt buyers**)

Important: ORS 697.005's definition of "collection agency"
explicitly captures debt buyers. A debt buyer that purchases
consumer accounts for collection in Oregon is a "collection
agency" subject to ORS 697.015 registration.

### Exemptions from "collection agency" definition

Some entities are exempt:

- Original creditors collecting their own debt (in most cases)
- Licensed attorneys engaged in the practice of law for clients
- Banks, savings & loans, credit unions (regulated separately)
- Real estate brokers
- Government agencies

The Department of Consumer and Business Services (DCBS),
through its Division of Financial Regulation, administers ORS
697 and maintains the list of exempt categories.

## Registration — ORS 697.015

### Requirement

**Every collection agency** must register with DCBS before
collecting debts in Oregon. Registration is annual; renewals
are required.

The registration form requires:

- Business name and address
- Officers and owners
- Bond ($25,000 minimum)
- Application fee
- Compliance with Oregon Administrative Rules (OAR Ch. 441)

### Looking up registration status

The DCBS database is publicly searchable:

https://orcfr.dcbs.oregon.gov/

Search by entity name. The result shows:

- Registration status (active / expired / not registered)
- Effective and expiration dates
- Officers and owners on file

This database is the canonical source. Take a screenshot
when researching for litigation — registration status can
change.

## Prohibited practices — ORS 697.058

ORS 697.058 lists specific prohibited collection practices,
roughly parallel to FDCPA § 1692e–§ 1692f:

- Threatening criminal prosecution
- Making false representations about the debt
- Collecting amounts not legally owed
- Communicating at unusual times or places
- Misrepresenting the collection agency's identity or
  authority
- Failing to provide required disclosures

Many ORS 697.058 violations also support **Oregon UTPA**
claims (ORS 646.605 et seq.) under the catch-all "unfair or
deceptive conduct" provision. Pleading both gives broader
remedies.

## Private right of action — ORS 697.085

### Cause of action

Any person damaged by a collection agency's violation of ORS
697 may bring an action:

- **Actual damages**
- **$200 statutory minimum** (whichever is greater)
- **Reasonable attorney fees**
- **Costs and disbursements**

### Statute of limitations

Likely **6 years** under ORS 12.080(2) — statutory liability.
(The legislature has not specified a separate SOL for ORS 697
private actions; the general 6-year statutory SOL applies.)

## Capacity to sue — ORS 697.105

**ORS 697.105 is the critical strategic provision in Oregon
debt-defense practice.**

An unregistered collection agency **cannot maintain an action
in any Oregon court** for the collection of a debt. The
registration requirement is a precondition of capacity to sue.

If a debt buyer plaintiff is unregistered, the defendant can:

1. **Move to dismiss under ORCP 21 A(1)** — lack of capacity
   to sue is a subject-matter-jurisdiction-adjacent defect
2. **Move to dismiss under ORCP 21 A(8)** — failure to state
   ultimate facts (cannot allege capacity if not registered)
3. **Move for summary judgment under ORCP 47** — plaintiff
   cannot prevail on uncontested fact that they lack capacity

Defense pattern:

```
DEFENDANT'S MOTION TO DISMISS UNDER ORCP 21 A(1) FOR LACK OF
CAPACITY TO SUE / ORS 697.105 / UNREGISTERED COLLECTION
AGENCY

[Memorandum cites ORS 697.005 (Plaintiff is a "collection
agency"), ORS 697.015 (registration required), and ORS
697.105 (registration is condition precedent to suit).
Attach a printout from the DCBS database showing Plaintiff's
registration status (or lack thereof).]
```

## Common ORS 697 defenses and counterclaims

### Pattern 1: Unregistered debt buyer

Many out-of-state debt buyers operate in Oregon without
registering, betting that defendants won't raise the issue.

Discovery to confirm:

- RFP: "Produce all documents evidencing Plaintiff's
  registration with the Oregon Department of Consumer and
  Business Services under ORS 697.015."
- RFA: "Admit that Plaintiff is registered as a collection
  agency with the Oregon Department of Consumer and Business
  Services under ORS 697.015 as of [date of complaint
  filing]."

If RFA No. 1 is admitted as denied, motion to dismiss is
ripe. If admitted, proceed to other defenses.

### Pattern 2: Lapsed registration

A debt buyer may have been registered when they purchased the
accounts but let the registration lapse before filing suit.
ORS 697.105 requires registration at the time the action is
maintained, not just at the time of purchase.

The DCBS database shows current status. If lapsed, the action
fails ORS 697.105.

### Pattern 3: Prohibited practices

Even a registered collection agency violates ORS 697.058 by:

- Suing on time-barred debt without disclosure
- Demanding amounts not contractually due
- Misrepresenting the chain of title

These are ORS 697.085 counterclaims; pair with UTPA (ORS
646.605) for broader remedies.

## Drafting ORS 697 defenses

### Affirmative defense — lack of capacity

```
FIRST AFFIRMATIVE DEFENSE
(ORS 697.105 — Unregistered Collection Agency)

Plaintiff is a "collection agency" as defined in ORS
697.005. Under ORS 697.015, every collection agency must
register with the Oregon Department of Consumer and Business
Services before collecting debts in Oregon. Plaintiff is not
so registered. Under ORS 697.105, Plaintiff lacks the
capacity to maintain this action.
```

### Counterclaim — ORS 697.085 violations

```
COUNTERCLAIM III — Oregon Collection Agency Registration Act
                   Violations (ORS 697)

23. Plaintiff/Counter-Defendant is a "collection agency" as
    defined in ORS 697.005, and has engaged in collection
    of consumer debt in Oregon as defined in the Complaint.

24. Plaintiff/Counter-Defendant is not, and has not been at
    relevant times, registered as a collection agency with
    the Oregon Department of Consumer and Business Services
    under ORS 697.015.

25. Plaintiff/Counter-Defendant's unregistered collection
    activity, including the filing of this action, violated
    ORS 697.015 and ORS 697.105.

26. Additionally, Plaintiff/Counter-Defendant engaged in
    prohibited practices under ORS 697.058 by [enumerate].

27. As a direct and proximate result of Plaintiff/Counter-
    Defendant's violations, Plaintiff/Counter-Claimant has
    suffered actual damages including [enumerate], in
    addition to $200 statutory damages under ORS 697.085.

WHEREFORE, Plaintiff/Counter-Claimant prays for:

A.  Actual damages, or $200 statutory damages, whichever
    is greater;
B.  Reasonable attorney fees and costs under ORS 697.085;
C.  Equitable relief, including declaration that the
    alleged debt is uncollectible and injunctive relief
    against further collection;
D.  Such other relief as the Court deems just.
```

## Discovery banks — ORS 697

### Targeted RFPs

- Produce all documents evidencing Plaintiff's registration
  with the Oregon DCBS under ORS 697.015 for the period from
  [date account allegedly acquired] to the present
- Produce all documents constituting communications between
  Plaintiff and Oregon DCBS regarding Plaintiff's registration
- Produce the Plaintiff's annual surety bond required under
  ORS 697.041 for the same period

### Targeted RFAs

- Admit that Plaintiff is a "collection agency" as defined in
  ORS 697.005
- Admit that Plaintiff was not registered with Oregon DCBS at
  the time the Complaint was filed
- Admit that Plaintiff has not maintained continuous Oregon
  collection-agency registration during all periods relevant
  to this action

## Interaction with FDCPA and UTPA

A single course of conduct can simultaneously violate:

- **FDCPA** (15 USC § 1692e/f/g) — if collector is a "debt
  collector" under federal law
- **Oregon UTPA** (ORS 646.605) — broader; covers most
  conduct
- **ORS 697** — specifically for collection-agency conduct

Each statute has its own damages, statute of limitations, and
fee provisions. Pleading all three preserves the broadest
range of remedies. The three claims are not redundant —
they have different elements, and a violation under one may
not violate another.

## Cross-references

- `or-consumer-debt` SKILL — main bundle
- `references/utpa.md` — UTPA companion claims
- `references/fdcpa.md` — federal companion claims
- `references/fact-patterns.md` — common scenarios
- `or-law-references/references/or-ors-debt/ORS-697.md`
  (when populated) — verbatim ORS 697 text
- DCBS registration database:
  https://orcfr.dcbs.oregon.gov/
- OAR Ch. 441 — DCBS implementing rules