Oregon Administrative Rules
Chapter 441 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, FINANCE AND SECURITIES REGULATION
Division 735 - PAYDAY AND TITLE LENDING
Section 441-735-0280 - Prohibited Provisions in Loan Contract Provisions

Universal Citation: OR Admin Rules 441-735-0280

Current through Register Vol. 63, No. 3, March 1, 2024

A licensee may not use a contract evidencing a loan that contains any of the following provisions:

(1) A hold harmless clause;

(2) A confession of judgment or other waiver of the right to notice and the opportunity to be heard in the event of suit or process;

(3) A provision in which the consumer agrees not to assert any claim or defense arising out of the contract against the licensee or any holder in due course; or

(4) An executory waiver or a limitation of exemption from attachment, execution, or other process on real or personal property held, owned by, or due to the consumer, unless the waiver applies solely to property subject to a security interest executed in connection with the loan.

Stat. Auth.: ORS 725A.060, 725A.062, & 725A.092

Stats. Implemented: ORS 725A.056

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