Pay Day Loan bill UPDATE

hold on. all hands on deck. whichever imcista took it upon his or herself to post a pdf link to SB 545 should be aware that the link was to a 2001 session bill. just an idea, but perhaps you might consider not manipulating original posts altogether. here is current SB 545:


from:  http://www.leg.state.or.us/bills_laws/

73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session

NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .

LC 2333

A-Engrossed

Senate Bill 545
Ordered by the Senate May 5
Including Senate Amendments dated May 5

Sponsored by COMMITTEE ON COMMERCE


SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

Limits maximum rate of interest on payday loans. { - Sets
minimum 31-day loan term for payday loans. - } Prohibits renewal
of payday loan unless consumer has paid at least 25 percent of
principal amount of loan plus interest on remaining balance.
Prohibits fees other than interest { + , + } { - and - } fee
for dishonored check { + or fee for conversion of loan to
payment plan + }.
{ + Establishes conditions for cancellation of title or
payday loan without charge to consumer. Establishes lender
licensure conditions for commencing court action to collect
payday loan. Allows consumer to convert payday loan to payment
plan under specified conditions.
Provides that certain payday loan violations are unlawful
employment practice. + }

A BILL FOR AN ACT
Relating to loans; creating new provisions; and amending ORS
82.010, 646.608, 725.340 and 725.622.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 82.010 is amended to read:
82.010. (1) { + Except as provided in subsection (5) of this
section, + } the rate of interest for the following transactions,
if the parties have not otherwise agreed to a rate of interest,
is nine percent per annum and is payable on:
(a) All moneys after they become due; but open accounts bear
interest from the date of the last item thereof.
(b) Money received to the use of another and retained beyond a
reasonable time without the owner's express or implied consent.
(c) Money due or to become due where there is a contract to pay
interest and no rate specified.
(2) Except as provided in this subsection, the rate of interest
on judgments for the payment of money is nine percent per annum.
The following apply as described:
(a) Interest on a judgment under this subsection accrues from
the date of the entry of the judgment unless the judgment
specifies another date.
(b) Interest on a judgment under this subsection is simple
interest, unless otherwise provided by contract.
(c) Interest accruing from the date of the entry of a judgment
shall also accrue on interest that accrued before the date of
entry of a judgment.
(d) Interest under this subsection shall also accrue on
attorney fees and costs entered as part of the judgment.
(e) A judgment on a contract bearing more than nine percent
interest shall bear interest at the same rate provided in the
contract as of the date of entry of the judgment.
(f) The rate of interest on a judgment rendered in favor of a
plaintiff in a civil action to recover damages for injuries
resulting from the professional negligence of a person licensed
by the Board of Medical Examiners under ORS chapter 677 or the
Oregon State Board of Nursing under ORS 678.010 to 678.410 is the
lesser of five percent per annum or three percent in excess of
the discount rate in effect at the Federal Reserve Bank in the
Federal Reserve district where the injuries occurred.
(3) Except as provided in ORS 82.025 { + and subsection (5) of
this section + }, { - no person shall - } { + a person may
not + }:
(a) Make a business or agricultural loan of $50,000 or less at
an annual rate of interest exceeding the greater of 12 percent,
or five percent in excess of the discount rate, including any
surcharge on the discount rate, on 90-day commercial paper in
effect at the Federal Reserve Bank in the Federal Reserve
district where the person making the loan is located, on the date
the loan or the initial advance of funds under the loan is made;
or
(b) Make a loan of $50,000 or less, except a loan made under
paragraph (a) of this subsection, at an annual rate of interest
exceeding the greater of 12 percent, or five percent in excess of
the discount rate on 90-day commercial paper in effect at the
Federal Reserve Bank in the Federal Reserve district where the
person making the loan is located, on the date the loan or the
initial advance of funds under the loan is made.
(4) Any person who violates subsection (3) of this section
shall forfeit the right to collect or receive any interest upon
any loan for which a greater rate of interest or consideration
than is permitted by subsection (3) of this section has been
charged, contracted for or received. The borrower upon such loan
shall be required to repay only the principal amount borrowed.
{ + (5) A consumer finance licensee under ORS chapter 725 may
not make a payday loan at a rate of interest that exceeds:
(a) 15 percent of the original loan amount for the term of the
loan; or
(b) 15 percent of the renewal loan amount for the term of each
loan renewal. + }
SECTION 2. ORS 725.340 is amended to read:
725.340. (1) { + Except as provided in ORS 82.010 (5), + } a
licensee may charge, contract for and receive any interest or
consideration for loans, secured or unsecured, as agreed upon by
the licensee and the borrower.
(2) When a precomputed loan contract is originally scheduled to
be repaid in 62 months or less and requires repayment in
substantially equal or consecutive monthly installments of
principal and interest combined, the interest or consideration
may be precomputed, contracted for and earned on scheduled unpaid
principal balances on the assumption that all scheduled payments
will be made when due. In such cases, every payment may be
applied to the combined total of principal and precomputed
interest until the contract is fully paid, and the acceptance or
payment of interest or consideration on any loan made under the
provisions of this subsection shall not be deemed to constitute
payment, deduction or receipt thereof in advance. Such
precomputed interest or consideration shall be subject to the
following adjustments:

(a) When a default of more than 10 days in the payment of any
scheduled installment occurs, the licensee may charge and collect
a default charge not exceeding five percent of the unpaid amount
of the installment or $5, whichever is less. A default charge may
be collected only once on an installment, but may be collected at
the time it accrues or at any time thereafter. No default charge
may be assessed with respect to an installment which is paid in
full on or within 10 days after a scheduled installment due date
when an earlier maturing installment or a default or deferral
charge on an earlier maturing installment may not have been paid
in full even though all or part of such installment payment is
applied to an earlier maturing installment, or a default or
deferral charge.
(b) If the payment of all unpaid installments is deferred one
or more full months, and if the contract so provides, the
licensee may charge and collect a deferral charge not exceeding
the annual percentage rate previously disclosed to the borrower
pursuant to the Federal Consumer Credit Protection
(Truth-in-Lending) Act applied to the sum of the installments
deferred for the length of the deferral period. The deferral
period is that period in which no scheduled installment is
required to be paid by reason of the deferral. Such charge may be
collected at the time of deferral or at any time thereafter. A
deferral charge may not be made for the deferral of any
installment with respect to which a default charge has been
collected, unless the default charge is deducted from the
deferral charge. If prepayment of the loan in full occurs during
the deferral period, in addition to any other rebate which may be
required, the borrower shall receive a rebate of the portion of
the deferral applicable to the unexpired months in the deferral
period, for which purpose a fraction of an unexpired month
exceeding 15 days shall be deemed to be a month.
(c) Upon prepayment in full of the unpaid balance of a
precomputed loan, a rebate of unearned interest or consideration
shall be made as provided in this paragraph. The amount of the
rebate shall be not less than the total interest contracted for
to maturity, less the greater of:
(A) Ten percent of the amount financed or $75, whichever is
less; or
(B) The interest or consideration earned to the installment due
date nearest the date of prepayment, computed by applying the
simple interest rate of the loan to the actual principal balances
outstanding, for the periods of time the balances were actually
outstanding. For purposes of rebate computations under this
subparagraph, the installment due date preceding the date of
prepayment shall be considered to be nearest if prepayment occurs
15 days or less after that installment date. If prepayment occurs
more than 15 days after the preceding installment due date, the
next succeeding installment due date shall be considered to be
nearest to the date of prepayment. In determining the simple
interest rate, the licensee may apply to the scheduled payments
the actuarial method, by which each scheduled payment is applied
first to accrued and unpaid interest or consideration, and any
amount remaining is applied to reduction of the principal
balance.
(3) If the borrower agrees to perform certain duties to insure
or preserve the collateral and fails to perform those duties, the
licensee may pay for the performance of those duties and add the
amounts paid to the unpaid principal balance. A charge may be
made for sums advanced, at the rate provided for in the loan
agreement.
(4) The loan contract may provide that after default and
referral the borrower shall pay the licensee for reasonable
attorney fees actually paid by the licensee to an attorney not a
salaried employee of the licensee.
SECTION 3. ORS 725.622 is amended to read:
725.622. A lender in the business of making payday loans may
not:
{ + (1) Make a payday loan to a consumer that exceeds $1,000
or 25 percent of the consumer's monthly gross income, whichever
is less; + }
{ - (1) - } { + (2) + } Include in a payday loan contract:
(a) A hold-harmless clause;
(b) A confession of judgment or other waiver of the right to
notice and the opportunity to be heard in an action;
(c) An agreement by the consumer not to assert any claim or
defense arising out of the contract against the lender or any
holder in due course; or
(d) An executory waiver or a limitation of exemption from
attachment, execution or other process on real or personal
property held by, owned by or due to the consumer, unless the
waiver or limitation applies only to property subject to a
security interest executed in connection with the loan;
{ - (2) - } { + (3) + } Conduct a payday loan business
where liquor or lottery tickets are sold or where gambling
devices are located;
{ - (3) - } { + (4) + } Charge the consumer more than one
fee under ORS 30.701 per loan transaction for dishonored checks
when the consumer issues more than one check to the lender.
However, the lender may recover from the consumer any fee charged
to the lender by an unaffiliated financial institution for each
dishonored check;
{ + (5) Seek statutory damages and attorney fees from the
consumer for dishonored checks under ORS 30.701 (1); + }
{ - (4) - } { + (6) Subject to subsection (7) of this
section, + } renew a payday loan more than three times;
{ - or - }
{ + (7) Renew a payday loan unless the consumer has paid an
amount equal to at least 25 percent of the original loan amount,
plus interest on the remaining balance of the loan; + }
{ - (5) - } { + (8) + } Make a new payday loan to a
consumer on the same day that a previous payday loan expires if
the lender has renewed the previous payday loan three times. The
lender shall wait at least until the next day after the
expiration date of the previous loan before making the new loan
to the consumer { - . - } { + ; + }
{ + (9) Charge a rate of interest that exceeds the limit set
in ORS 82.010 (5); or
(10) Charge a consumer any fee other than:
(a) Interest described in this section and ORS 82.010;
(b) A fee described in subsection (4) of this section; or
(c) A fee described in section 7 of this 2005 Act. + }
SECTION 4. { + Sections 5 to 7 of this 2005 Act are added to
and made a part of ORS 725.600 to 725.625. + }
SECTION 5. { + A lender in the business of making title or
payday loans shall cancel a title or payday loan without any
charge to the consumer if prior to the close of the business day
in which the loan was made, the consumer:
(1) Informs the lender in writing that the consumer wishes to
cancel the loan and any future payment obligations; and
(2) Returns to the lender the uncashed check or proceeds given
to the consumer by the lender or cash in an amount equal to the
principal amount of the loan. + }
SECTION 6. { + (1) Except as provided in subsection (2) of
this section, a person that is required to be licensed under this
chapter may not commence a claim in any court of this state to
collect any payday loan unless the person had a valid license
issued by the Director of the Department of Consumer and Business
Services at the time the person made the payday loan.
(2) Subsection (1) of this section does not apply if the court
determines that the person did not have a valid license at the
time the person made the payday loan and that:
(a) The person was not aware of the requirement that the person
be licensed;
(b) The person submitted a completed application for a license
within a number of days set by the director by rule, but not more
than 90 days, after the date the person became aware of the
requirement; and
(c) Enforcement of the provisions of subsection (1) of this
section would result in substantial injustice to the person. + }
SECTION 7. { + (1) A lender in the business of making payday
loans and a consumer may agree to a payment plan for a payday
loan at any time.
(2) A lender in the business of making payday loans shall
conspicuously disclose to each consumer in the payday loan
agreement that a payment plan described in this section is
available to the consumer after three loan renewals.
(3) After a payday loan has been renewed three times and prior
to default on the loan, a lender in the business of making payday
loans shall allow a consumer to convert the consumer's payday
loan into a payment plan. Each payment plan must be in writing
and acknowledged by both the lender and the consumer.
(4) The lender may charge the consumer, at the time both
parties enter into the payment plan, a one-time fee for the
payment plan in an amount not to exceed the amount of the
interest on the remaining balance of the loan allowed under ORS
82.010 (5). The lender may not assess any other fee, interest
charge or other charge on the consumer as a result of converting
the payday loan into a payment plan.
(5) The payment plan must provide for the payment of the total
of payments due on the payday loan over a period of no fewer than
60 days in three or more payments, unless the lender and the
consumer agree to a shorter payment period. The consumer may pay
the total of payments due on the loan at any time. The lender may
not assess any penalty, fee or other charge on the consumer for
prepayment of the loan payment plan.
(6) The lender may take postdated checks at the initiation of
the payment plan for the payments agreed to under the plan. If
any check accepted by the lender as payment under the payment
plan is dishonored, the lender may not charge the consumer any
fee for the dishonored check.
(7) If the consumer defaults on the payment plan, the lender
may initiate action to collect the total of payments due on the
payday loan. The lender may charge the consumer a one-time
payment plan default fee of $25.
(8) A lender's violation of the terms of a payment plan entered
into with a consumer under this section constitutes a violation
of this section. If a lender enters into a payment plan with a
consumer through a third party that is representing the consumer,
the lender's failure to comply with the terms of that payment
plan constitutes a violation of this section. + }
SECTION 8. ORS 646.608 is amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and


(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(aa) Violates ORS 646.850 (1).
(bb) Violates any requirement of ORS 646.661 to 646.686.
(cc) Violates the provisions of ORS 128.801 to 128.898.
(dd) Violates ORS 646.883 or 646.885.
(ee) Violates any provision of ORS 646.195.
(ff) Violates ORS 646.569.
(gg) Violates the provisions of ORS 646.859.
(hh) Violates ORS 759.290.
(ii) Violates ORS 646.872.
(jj) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(kk) Violates ORS 646.563.
(LL) Violates ORS 759.690 or any rule adopted pursuant thereto.
(mm) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(nn) Violates ORS 646.892 or 646.894.
(oo) Violates any provision of ORS 646.249 to 646.259.
(pp) Violates ORS 646.384.
(qq) Violates ORS 646.871.
(rr) Violates ORS 822.046.
(ss) Violates ORS 128.001.
(tt) Violates ORS 646.649 (2) to (4).
(uu) Violates ORS 646.877 (2) to (4).
(vv) Violates ORS 87.686.
(ww) Violates ORS 646.651.
(xx) Violates ORS 646.879.
(yy) Violates ORS 646.402 or any rule adopted under ORS 646.402
or 646.404.
(zz) Violates ORS 180.440 (1).
(aaa) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(bbb) Violates ORS 87.007 (2) or (3).
{ + (ccc) Violates ORS 725.622 or section 5 of this 2005 Act
relating to payday loans. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) No action or suit shall be brought under subsection (1)(u)
of this section unless the Attorney General has first established
a rule in accordance with the provisions of ORS chapter 183
declaring the conduct to be unfair or deceptive in trade or
commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(zz)
of this section by a person other than a prosecuting attorney,
relief shall be limited to an injunction and the prevailing party
may be awarded reasonable attorney fees.

SECTION 9. ORS 646.608, as amended by section 13, chapter 924,
Oregon Laws 2001, section 2, chapter 133, Oregon Laws 2003,
section 3, chapter 486, Oregon Laws 2003, section 5, chapter 778,
Oregon Laws 2003, and section 19, chapter 801, Oregon Laws 2003,
is amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.

(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and
(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
(aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(bb) Violates ORS 646.850 (1).
(cc) Violates any requirement of ORS 646.661 to 646.686.
(dd) Violates the provisions of ORS 128.801 to 128.898.
(ee) Violates ORS 646.883 or 646.885.
(ff) Violates any provision of ORS 646.195.
(gg) Violates ORS 646.569.
(hh) Violates the provisions of ORS 646.859.
(ii) Violates ORS 759.290.
(jj) Violates ORS 646.872.
(kk) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(LL) Violates ORS 646.563.
(mm) Violates ORS 759.690 or any rule adopted pursuant thereto.
(nn) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(oo) Violates ORS 646.892 or 646.894.
(pp) Violates any provision of ORS 646.249 to 646.259.
(qq) Violates ORS 646.384.
(rr) Violates ORS 646.871.
(ss) Violates ORS 822.046.
(tt) Violates ORS 128.001.
(uu) Violates ORS 646.649 (2) to (4).
(vv) Violates ORS 646.877 (2) to (4).
(ww) Violates ORS 87.686.
(xx) Violates ORS 646.651.
(yy) Violates ORS 646.879.
(zz) Violates ORS 646.402 or any rule adopted under ORS 646.402
or 646.404.
(aaa) Violates ORS 180.440 (1).

(bbb) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(ccc) Violates ORS 87.007 (2) or (3).
{ + (ddd) Violates ORS 725.622 or section 5 of this 2005 Act
relating to payday loans. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) No action or suit shall be brought under subsection (1)(u)
of this section unless the Attorney General has first established
a rule in accordance with the provisions of ORS chapter 183
declaring the conduct to be unfair or deceptive in trade or
commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection
(1)(aaa) of this section by a person other than a prosecuting
attorney, relief shall be limited to an injunction and the
prevailing party may be awarded reasonable attorney fees.
SECTION 10. { + (1) Sections 5 and 7 of this 2005 Act and the
amendments to ORS 82.010, 646.608, 725.340 and 725.622 by
sections 1 to 3, 8 and 9 of this 2005 Act apply to payday loans
made or renewed on or after the effective date of this 2005 Act.
(2) Section 6 of this 2005 Act applies to payday loans made on
or after the effective date of this 2005 Act. + }
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