Consumer Law FAQ's

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I am constantly harassed by debt collectors, what can I do?
Be it credit cards, home mortgages, or student loans, nearly every American has some kind of debt. Unfortunately, it is not uncommon for debts to get out of hand. If you begin having trouble paying your bills, contact your creditors before your account becomes delinquent. Your creditor may be willing to accept smaller payments, at least on a temporary basis.

Consumers with delinquent accounts are usually soon contacted by professional debt collection agencies. Many times, these debt collectors will constantly telephone and send mailings to the consumer as well as his or her relatives, neighbors, and workplace. Often, these telephone calls and mailings are exceedingly abusive, harassing, and threatening.
Fortunately, there are laws designed to protect consumers from over-eager debt collectors. The Federal Fair Debt Collection Practices Act (FDCPA) and the Oregon Fair Debt Collection Practices Act prohibit debt collectors from engaging in certain conduct, and requires that debt collectors treat consumers fairly (relatively speaking). The FDCPA applies only to 3rd party debt collectors, while the Oregon Act applies to 3rd party debt collectors and commercial creditors collecting on their own debts.

These laws requires collectors to provide a consumer with written notice of the amount they believe the consumer owes, the name of the consumer's creditor and the action the consumer should take to dispute the debt. The laws also prohibit collectors from: Using threats of violence or harm against the consumer, the consumer's property or the consumer's reputation; Using obscene language or racial slurs; Calling before 8 a.m. or after 9 p.m., or making numerous, intentionally annoying calls; Calling a consumer at work — after he or she requests, in writing, that the collector not do so; Disclosing the existence or amount of the alleged debt to third parties; Falsely implying that they are attorneys or government officials; Giving out false information about the consumer; or Making false threats of civil or criminal actions, including seizure.

A consumer can legally force collectors to stop bothering him or her. Upon receipt of certified notice requesting that the collector "cease and desist any and all attempts to collect the debt," the collector must stop contacting the consumer, except to give notice of specific actions, such as lawsuits. If collectors violate the Oregon Fair Debt Collection Practices Act or FDCPA, they can be liable to the consumer for monetary damages.

If you have questions about debt collection practices or wish to file a complaint against a particular debt collector, contact the Federal Trade Commission’s Northwest Regional Office at (206) 220-6350. Although the FTC usually does not intervene in specific disputes, information you provide may indicate a pattern of illegal activity requiring Commission action.

What should I know about my credit report?  Where can I obtain a free credit report?

You have a right to know what your credit report says. We encourage everyone to request a copy of his or her report. If you have been denied credit within the last 30 days, you can obtain a free report from one of the three credit reporting agency.  A Federal law was recently passed requiring the credit reporting agencies to provide a free credit report to you each year.  https://www.annualcreditreport.com/cra/index.jsp

The Fair Credit Reporting Act protects consumers by requiring credit bureaus to furnish correct and complete information to businesses. This law is enforced by the Federal Trade Commission. Hence, if you find an error on your report, request that the CRA investigate it. If the investigation does not resolve your dispute, send a written explanation, in 200 words or less, and ask the CRA to show potential creditors your version. There may be a charge unless you request this service within 30 days of a credit denial.
If you still feel that a debt on your report is invalid, have the CRA verify it with the creditor. If they fail to do so within 30 days, the debt must be eliminated.

A good credit history is vital to get loans at reasonable rates. Some professional associations investigate potential members' credit history. Unfavorable information remains on credit reports for seven years, with some exceptions, such as bankruptcy data which remains for 10. Information regarding a court judgment will remain for the duration of the judgment's validity. Large purchases, such as cars and homes, can be prohibitively pricey without the ability to negotiate good financing. For these reasons, it is worthwhile to scrutinize your credit history, and remedy problems as soon as possible.

If you are a current PSU student, and you feel a creditor has incorrectly or unfairly altered your credit report, please contact Student Legal and Mediation Services.

This information is not intended to provide legal advice. Any fee-paying Portland State University student who has questions about landlord/tenant issues may call 503-725-4556 to arrange an appointment.

The following are the three major credit reporting agencies:
Equifax
Post Office Box 105873
Atlanta, GA 30348

Experian
Post Office Box 2104
Allen, TX 74013
Trans Union Corp
Post Office Box 390
Springfield, PA 10964

You are entitled to one free credit report from each agency every year. You can write all three agencies to request a free copy of your credit report.

What is Small Claims Court?  How does it work?

If you are seeking to recover money, damages or personal property which is valued at $7,500.00 or less (not including costs) you can file in small claims court.  You need to file in the County where the defendant lives or the claim must be based on a contract which was to be performed in the County in which you file.

To file in small claims court in Multnomah County, go to the small claims counter, Room 210 of the Multnomah County Courthouse (http://www.ojd.state.or.us/mul/Map.html) and file a written Small Claim and Notice of Small Claim with the Court.  The Clerks in Room 210 will provide you with additional information on your rights and how to file small claims.

What Laws Protect Me from ID Theft?

The Oregon Consumer Identify Theft Protection Act, passed during the 2007 Legislature, creates strong standards for businesses to ensure the safety of sensitive data that can be used by identity thieves.  The law contains several new requirements:

• Protecting Social Security Numbers - Effective Oct 1, 2007.  The law prohibits anyone who keeps Social Security numbers from printing them on any material that is mailed when the recipient has not requested it.  The law also prohibits printing a Social Security number on a card used to access products or services, or publicly posting or displaying a Social Security number, such as on a Web site.
• Notification of Security Breach - Effective Oct 1, 2007.  Anyone who keeps personal identifying information about Oregonians must notify them if computer files containing that personal information have been subject to a security breach.  The notification must be done as soon as possible--unless it would impede a criminal investigation--in writing, electronically, or by telephone.
• Protecting Data - Effective Jan 1, 2008.  Businesses must develop, implement, and maintain reasonable safeguards to ensure the security, confidentiality, and integrity of the personal identity information they keep.  This includes properly disposing of the information.

The law also allows Oregon consumers, effective Oct 1, 2007, to place a security freeze on their credit file to help prevent identity theft.

For guidance on how to implement these new requirements, go to the Department of Consumer and Business Services Web site at http://www.dfcs.oregon.gov/id_theft.html or call 503-378-4140 or toll free 866-814-9710.

Information disseminated in this website does not constitute legal advice and does not create an attorney/client relationship. This page is for information purposes only. For legal advice, contact an attorney licensed in your state.