Persels & Associates, LLC v. DCBS

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Consumer Credit
  • Date Filed: 06-21-2017
  • Case #: A157430
  • Judge(s)/Court Below: Lagesen, J. for the Court; Ortega, P.J.; & Garrett, J.
  • Full Text Opinion

ORS 697.612(3)(b) provides an exemption to the registration requirement for attorneys who provide a debt management service only “incidentally in the practice of law.”

Petitioner sought judicial review of an order from the director of the Department of Consumer and Business Services (DCBS) directing Petitioner to cease and desist from violating Oregon laws governing debt management service providers.  Petitioner assigned error to the director’s conclusion that it violated ORS 697.612 by failing to register as a debt managing service with DCBS.  Petitioner argued that it’s Oregon field attorneys qualified for an exemption under ORS 697.612(3)(b), and thus, did not need to register. ORS 697.612(3)(b) provides an exemption to the registration requirement for attorneys who provide a debt management service only “incidentally in the practice of law.” The Court of Appeals held Petitioner was not exempt from the registration requirement because it’s primary business was debt management.  Affirmed.

 

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