Oregon Consumer-Debt Defense

Oregon Consumer-Debt Defense

This skill is the subject-matter bundle for Oregon consumer-debt litigation: debt-buyer cases, original-creditor collection actions, and any matter turning on FDCPA / Reg F / Oregon UTPA / ORS 697.

It assumes the procedural framework is already in place via the matter-neutral skills. This skill adds:

• Substantive law: FDCPA, Reg F, Oregon UTPA, ORS 697 Collection Agency Registration Act
• Chain-of-title doctrine: what a debt-buyer plaintiff must prove to recover
• Evidence patterns: business-records foundation (OEC 803(6) / 902(11)) and authentication (OEC 901)
• Fact-pattern triage: 5 common debt-defense scenarios and the matching defenses / counterclaims
• Discovery banks: pre-built RFPs and RFAs targeting the weak spots of a debt-buyer's case
• Example filings: synthetic answers, declarations, motions, and orders for a debt-buyer-defense fact pattern

NOT LEGAL ADVICE. Consumer-debt defense is fact-specific and outcome-dependent. This skill provides a procedural and substantive framework — not strategic advice for any specific case.

Five common Oregon debt-defense fact patterns

Pattern 1: Debt-buyer suit on an unfamiliar account

Defendant doesn't recognize the account, the account number, or sometimes the original creditor. Plaintiff is a debt buyer that purchased a pool of charged-off accounts.

Defenses commonly raised in this pattern:

• Lack of standing — Plaintiff cannot prove chain of title from the original creditor to itself
• Statute of limitations — ORS 12.080 6-year SOL may have run on the open account
• Lack of registration — Plaintiff (if a debt buyer) may not be registered with DCBS as required by ORS 697.015
• OEC 803(6) / 902(11) foundation — Plaintiff cannot authenticate the original creditor's records

Counterclaims commonly considered in this pattern:

• FDCPA (1692e, 1692f, 1692g) — false representations, unfair practices, failure to provide validation
• Oregon UTPA (ORS 646.605 et seq.) — equivalent state-law claims, often with broader remedies
• ORS 697.085 — if plaintiff is unregistered

Pattern 2: Original creditor collection on a known account

Defendant recognizes the account but disputes the amount, the charges, or the validity of certain transactions.

Defenses commonly raised in this pattern:

• Account stated / objection — defendant timely disputed the account
• Statute of frauds (ORS 41.580) — for accounts requiring written agreement
• Fraudulent transactions — identity theft, unauthorized use
• Statute of limitations — ORS 12.080
• Failure of consideration — for goods/services not received

Counterclaims:

• Defamation — if creditor made false statements to credit bureaus
• FCRA (15 USC § 1681s-2) — willful or negligent furnishing of inaccurate information
• Oregon UTPA — for unfair or deceptive collection practices

Pattern 3: Time-barred debt (zombie debt) revival attempt

Plaintiff is suing on a debt that is past the 6-year SOL but claims a partial payment or written acknowledgment re-started the clock.

Defenses commonly raised in this pattern:

• Statute of limitations, with detailed factual analysis of when the SOL ran
• No revival — under ORS 12.230, a payment alone does not re-start the SOL on most debts; only a written promise to pay can revive

Counterclaims:

• FDCPA (1692e(2), 1692e(5), 1692f(1)) — suing on a time-barred debt is misleading and unfair
• Oregon UTPA — equivalent

Pattern 4: Default judgment entered improperly

Defendant didn't answer; default judgment entered. Now in collection.

Approach:

• Motion to vacate under ORCP 71 — see or-post-judgment
• Exemption claims on garnishment under ORS 18.700+
• FDCPA / UTPA claims for continued collection on a fraudulent judgment

Pattern 5: Unauthorized debt collection

Plaintiff is a collection agency that is NOT registered with the Oregon Department of Consumer and Business Services (DCBS) as required by ORS 697.015.

Defenses:

• Lack of capacity to sue — unregistered collection agencies cannot maintain an action (ORS 697.105)
• Motion to dismiss under ORCP 21

Counterclaims:

• ORS 697.085 — private right of action for unregistered collection
• Oregon UTPA — unregistered collection is an unfair practice

Substantive law — quick reference

FDCPA (15 USC § 1692 et seq.)

The federal Fair Debt Collection Practices Act. Applies to debt collectors (not original creditors) collecting consumer debt.

See references/fdcpa.md for the full annotated FDCPA.

Regulation F (12 CFR pt 1006)

The CFPB's implementing regulation, effective November 30, 2021. Implements and supplements FDCPA. Key provisions:

See references/reg-f.md for the full annotated Reg F.

Oregon UTPA (ORS 646.605–646.656)

Oregon's consumer-protection statute. Broader than FDCPA in some respects:

• Applies to ALL persons collecting consumer debt, not just "debt collectors"
• No $1,000 cap; actual damages, $200 statutory minimum, punitive damages, injunctive relief
• Prevailing-party fees mandatory under ORS 646.638(3)
• 1-year SOL from discovery; 6-year repose under ORS 646.638(6)

Key sections:

• ORS 646.607 — unconscionable tactics list
• ORS 646.608 — unlawful trade practices catalog
• ORS 646.638 — private right of action

See references/utpa.md for the full annotated UTPA.

Oregon Collection Agency Registration Act (ORS 697)

Regulates collection agencies (debt collectors) in Oregon.

• ORS 697.005 — definitions; "collection agency" includes debt buyers
• ORS 697.015 — registration required with DCBS
• ORS 697.058 — prohibited practices
• ORS 697.085 — private right of action; actual damages, $200 statutory minimum, attorney fees
• ORS 697.105 — registration is condition of capacity to sue (unregistered agency cannot bring an action in Oregon courts)

See references/ors-697.md for the full annotated ORS 697.

Chain of title

A debt buyer must prove every link in the chain from original creditor to itself. Typical chain:

Original Creditor (Bank of America)
       ↓ Bulk Sale Agreement, Bill of Sale, Assignment
Debt Pool Purchaser 1 (e.g., Asset Acceptance)
       ↓ Bulk Sale Agreement, etc.
Debt Pool Purchaser 2 (e.g., Velocity Investments)
       ↓ Sale to current Plaintiff
Plaintiff (LVNV Funding, LLC)

Each link requires:

• Bill of Sale — the document evidencing the sale
• Assignment Schedule — the inventory listing the specific accounts assigned
• Authentication — under OEC 901 / 902(11), the bill of sale must be authenticated by a witness from the assigning entity

Debt buyers often produce only a summary bill of sale and a redacted assignment schedule. The defendant's discovery target: the un-redacted versions, plus the cardholder agreement between defendant and original creditor.

See references/chain-of-title.md for the full doctrine.

Discovery banks (subject-matter-specific)

Pre-built request banks for debt-defense discovery. These plug into the procedural framework in or-discovery:

• references/rfp-debt-buyer.md — First Requests for Production targeting chain of title, original-creditor records, plaintiff's records of the account, communications, collection history
• references/rfa-debt-buyer.md — Requests for Admission locking in foundational facts (plaintiff's corporate form, registration status, dates of acquisition)
• references/interrogatories-debt-buyer.md — Interrogatories in mandatory arbitration (where allowed by arbitrator) — Oregon does NOT have written interrogatories in standard ORCP discovery
• references/meet-and-confer-debt-buyer.md — Sample meet-and-confer letters and follow-up emails

Evidence patterns

The OEC 803(6) / 902(11) foundation question is the critical evidentiary battleground in Oregon debt-buyer cases. The plaintiff's typical declaration:

"I am the custodian of records for [Plaintiff Debt Buyer]. Plaintiff maintains records of accounts in the ordinary course of business. Account number ending XXXX was assigned to Plaintiff on [date] by [Original Creditor]. Plaintiff's records show a balance of $[amount] owing on the account. True and correct copies of the records are attached."

This declaration typically fails as foundation because:

1. The declarant is the debt buyer's custodian, not the original creditor's
2. The original creditor's records are hearsay — the declarant cannot attest that they were made in the regular course of the original creditor's business
3. The "remote custodian" doctrine — the debt buyer cannot speak to the trustworthiness of records it didn't create

See references/evidence-debt-buyer.md for the doctrine and the specific objection language.

Key cases — Oregon and 9th Circuit

Oregon

• Phillips v. Beaverton Aluminum Co., 314 Or App 257, 498 P3d 814 (2021) — ORCP 46 fee-shifting in discovery disputes
• Denson v. Ron Tonkin Gran Turismo, [verify cite] — UTPA standing in consumer transactions
• Pearson v. Philip Morris, 358 Or 88, 361 P3d 3 (2015) — UTPA class certification standards
• Ziegler v. Hill and similar trial-court decisions on business-records foundation in debt cases (look for recent Oregon Court of Appeals decisions)

9th Circuit / federal

• Henson v. Santander Consumer USA, Inc., 582 US 79, 137 S Ct 1718 (2017) — definition of "debt collector"
• Heintz v. Jenkins, 514 US 291 (1995) — attorneys as debt collectors
• Sheriff v. Gillie, 578 US 317 (2016) — state actors
• Marx v. General Revenue Corp., 568 US 371 (2013) — attorney-fee shifting under § 1692k

See references/key-cases.md for full citations and holdings.

Companion procedural skills

This subject-matter bundle composes with:

• or-statewide-format — UTCR 2.010 formatting
• The relevant court skill — or-multcc / or-wccc / or-county-courts
• or-pro-se — pro-se drafting framework
• or-law-references — citation conventions, online sources
• or-discovery — discovery framework; layer the debt-buyer-specific banks on top
• or-first-30-days — initial response (affirmative defenses + counterclaims selection)
• or-deadlines — SOL computation (ORS 12.080 6 years; FDCPA 1 year; UTPA 1 year/6 years)
• or-fact-check — citation verification
• or-quality-check — format pass
• or-draft-* — drafting the specific filings
• or-post-judgment — if default judgment already entered

References

• references/fdcpa.md — FDCPA section-by-section
• references/reg-f.md — Regulation F annotated
• references/utpa.md — Oregon UTPA (ORS 646.605 et seq.)
• references/ors-697.md — Oregon Collection Agency Registration Act
• references/or-statutes-of-limitations.md — Oregon SOLs for debt and consumer-protection claims
• references/chain-of-title.md — chain-of-title doctrine
• references/evidence-debt-buyer.md — OEC 803(6) / 902(11) foundation in debt cases
• references/fact-patterns.md — five common debt-defense fact patterns
• references/key-cases.md — Oregon and federal decisions
• references/recent-decisions.md — recent Oregon Court of Appeals and 9th Circuit opinions
• references/fees-consumer-debt.md — fee-shifting in debt-defense cases
• references/rfp-debt-buyer.md — RFPs targeting chain of title
• references/rfa-debt-buyer.md — RFAs locking in basics
• references/interrogatories-debt-buyer.md — interrogatories (only available in arbitration)
• references/meet-and-confer-debt-buyer.md — sample meet-and-confer correspondence
• references/ucc-article-9.md — UCC Article 9 (ORS 79) on secured transactions in debt-buyer chain-of-title
• references/online-sources-consumer-debt.md — authoritative URLs for debt-related research