Current through Register Vol. 63, No. 3, March 1, 2024
(1) An attorney
provides debt management services only incidentally to the practice of law if:
(a) The attorney only provides the services
to a client of the attorney and only while acting as an attorney on behalf of
the client;
(b) The attorney does
not act as a broker for debt management services;
(c) If the attorney refers a consumer who is
a client of the attorney to a third party debt management services provider,
the attorney does not receive compensation, directly or indirectly, for the
referral and in the attorney's professional judgment the attorney believes the
referral will be beneficial to the client;
(d) The attorney does not provide debt
management services to a third party on behalf of a consumer who is a client of
the attorney; and
(e) Any
advertisement used by the attorney concerning debt management services complies
with the Oregon Rules of Professional Conduct and formal ethics opinions
published by the Oregon State Bar applicable to advertising.
(2) An individual licensed as a
real estate broker under ORS
696.020 may negotiate, offer,
attempt or agree to negotiate the sale, exchange, purchase, rental or leasing
of real estate without being registered as a debt management service provider
if the licensed real estate broker only receives the usual and customary fees
of a real estate broker under the terms of an executed real estate contract
with the debtor as a real estate seller.
(3) A nonprofit budget and credit counseling
agency approved by the United States trustee overseeing the administration of
bankruptcy cases may claim the exemption in ORS
697.612(3)(L)
if:
(a) The nonprofit budget and credit
counseling agency provides an individual or group briefing that outlines the
opportunities for available credit counseling and assisted such individual in
performing a related budget analysis that is not a budget analysis under OAR
441-910-0140;
(b) An individual or
group briefing is provided only for persons likely to become debtors under 11
U.S.C. § 109 (h); and
(c) The
nonprofit budget and credit counseling agency does not otherwise engage in any
activity constituting debt management services or act as a broker for debt
management services.
(4) A nonprofit entity that only provides
advice, assistance, instruction or instructional materials to a consumer in
return for a fee reasonably calculated to pay the cost of making the advice,
assistance, instruction or instructional materials available may claim the
exemption in ORS 697.612(3)(m)
if:
(a) The nonprofit entity does not conduct
any activities constituting debt management services or act as a broker for
debt management services;
(b) The
nonprofit entity does not advise a consumer in whole or in part by conducting a
budget analysis described in OAR 441-910-0415; and
(c) The nonprofit entity's reasonably
calculated fee to pay the cost of making the advice, assistance, instruction or
instructional materials available does not in any case exceed $25.
(5) An organization or a counselor
approved by the United States Department of Housing and Urban Development may
claim the exemption in ORS
697.612(3)(n)
if the organization or counselor:
(a) Is
under contract or receiving a grant through the Department of Housing and Urban
Development's Housing Counseling program;
(b) The contract or grant under subsection
(a) of this section is made or funded only for the purposes of:
(A) Providing assistance to eligible
homebuyers to find and purchase homes;
(B) Helping renters locate and qualify for
assisted rental units;
(C) Helping
eligible homebuyers obtain affordable housing;
(D) Assisting homeowners to avoid or mitigate
foreclosures;
(E) Assisting
renters to avoid evictions;
(F)
Helping the homeless find temporary or permanent shelter;
(G) Reporting fair housing and discrimination
complaints; or
(H) Addressing
housing problems; and
(c) The organization or counselor does not
otherwise engage in any activity constituting debt management services or act
as a broker for debt management services.
Stat. Auth.: 2009 Or Laws ch. 604, § 21
Stats. Implemented: ORS
697.612
