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Oregon Department of JusticeCivil Enforcement Division
Financial Fraud and Consumer Protection Section
Overview
• Who we are• Top 10 complaints (2014) • Laws we enforce• Legislative Highlights (2015)• Tools and Resources• Results• Top 10 Scam Avoidance Tips
Who we areThe Consumer Protection Section
• 14 attorneys • 7 investigators• 6 enforcement
officers• Support staff• Law clerks• Multiple volunteers
• Within Oregon DOJ.• In a year: we receive
over 40,000 complaints over the phone and 12,000 written complaints….
• This does not include referrals from many other sources….
Top 10 complaints from 2014
• #1 -IRS imposter calls• #2 -Subscriptions• #3 -Telecom. related• #4 – Auto sales• #5 - Financial Services• #6 – Health related
• # 7 -International money transfer schemes
• #8 – Home Ownership Issues
• #9 –Collection Agencies• #10 – Hair, Nail & Skin
Services (Forever Young)
Laws we EnforceCivil Claims available
• The Unlawful Trade Practices Act• Financial Exploitation of the Vulnerable– Focus on elder abuse
• Antitrust enforcement• The Oregon False Claims Act• Racketeering--civil• Other claims….
Laws we enforceConsumer Protection Violations
• Must occur in the “course of the person’s business, vocation, or occupation.”– ORS 646.607 and ORS 646.608
• Can involve an “unconscionable tactic” – This is a general catch-all------- OR
• Can include misrepresentations: – specific laundry list of misrepresentations and/or
a failure to disclose
2015 legislative highlightsDOJ bills that passed
• Oregon Student Information Protection Act– Businesses can’t target using student data
• Data breaches – AG can enforce/must notify• Anti-phishing – can’t trick out personal data• Telephonic Sellers – now includes business opportunity solicitations
• CID Service – ORCP 7 sufficient
2015 legislative highlightsnon- DOJ bills that passed
• Going out of business sales – posting requirement• Toxic Free Kids Act – Oregon Health Authority to post;
manufacturers must cease use or get a waiver;• Voids payday, title loan or finance loan – unlicensed $50K
loan or less void unless DCBS determines otherwise;• Dealer doc prep fees – requires car dealers to actually use
processing fees for processing documents to complete transaction;
• Reverse mortgages – requires lenders to provide clear disclosures of terms and what can happen upon default;
2015 legislative highlightsnon- DOJ bills that passed
• Cancelling cable/telecom service – now you can terminate a contract if a party to the contract dies;
• College Financial Aid – prohibits third parties that distribute funds from charging certain types of fees;
• GAP waiver – prohibits car dealers from selling guaranteed asset protection waiver as part of a retail installment agreement;
• ADAD – prohibits automatic dialing unless recipient can terminate within first 10 seconds and any future calls.
• Mortgage payoff statements – allows borrowers to rely on payoff statements to satisfy a loan agreement. However, lenders can amend such statements anytime before…
Our toolsCivil Investigative Demands
• Pre-lawsuit • Sent to business • We can seek records or sworn
testimony• Non-production means we can shut
them down • Not reciprocal
Our toolsAssurance of Voluntary Compliance
• Like a consent decree; • Filed in court • No admission of liability • Injunctive terms • Money (restitution and for penalties)• Becomes judgment upon breach• Required to seek this before a lawsuit
Our toolsLitigation
•Civil lawsuits • Injunctions–restraining orders
•Money judgments
ResourcesWe will –and have—worked with:
• National Association of Attorney Generals– Every state AG’s office
• DCBS/DFCS• OSP• DA’s offices• Sheriff’s Offices• PPB/other city PD• Other state agencies• Law firms/private
• CFPB• FTC• FCC• IRS• FBI• OIG offices from
different agencies• Banks and other
financial entities
ResourcesInvestigations include targets within:
• Telecommunications• Pharmaceutical – And health care
businesses generally• Mortgage/financial• Debt collection/debt
management• Construction related
companies
• Telemarketing• For profit schools• Auto dealerships and
manufacturers• Small businesses -
including one person
ResourcesSome Limitations
• We are the State of Oregon’s attorney• We are not private counsel• We must use discretion on which cases to pursue
because…..• Factors include:– Extent of damage; egregiousness– Our available resources, logistics, personnel– Evidence availability– Whether there is, indeed, a law broken.
ResultsAssurances of Voluntary Compliance
ResultsJudgments, Orders and Contempt
Top 10 Scam Avoidance Tips
• Become Educated• Join the Scam Alert
Network• Reduce Junk mail• Check out the business
before you buy• Reduce Telemarketing
calls
• Understand that wiring money is like sending cash
• Order your free annual credit report
• Read the fine print• Sleep on it• Report Fraud
Filing a Complaint
Report and Contact info
Oregon Department of JusticeCivil Enforcement DivisionFinancial Fraud/Consumer Protection Section1162 Court Street NESalem, Oregon 97301503-934-4400Attorney-in-Charge Jonathan [email protected]