Or. Admin. Code § 441-910-0094

Current through Register Vol. 63, No. 11, November 1, 2024

Section 441-910-0094 - Contracts for Debt Management Services

(1) A debt management service provider may not enter into separate contracts for each debt or obligation due by a consumer. A debt management service provider may enter into a single contract with a consumer for debt management services that specifies the provision of different debt management services for each debt or obligation. If a debt management service provider enters into an agreement with more than one consumer for debt management services, each consumer party to the agreement shall be considered one consumer.

(2) For purposes of this rule, "consumer" means an individual that has entered into a contract for debt management services.

(a) However, when a contract covers jointly-held debt and the services will be provided to the co-debtors, such as husband and wife or domestic partners, then "consumer" shall be both of the co-debtors and they shall only be charged a single set of fees.

(3) Notwithstanding subsection (2)(a), a debt management provider may enter into separate debt management service contracts and charge separate fees for each spouse and domestic partners if the spouses or domestic partners seek services for individually held debt. The burden will be upon the debt management service provider to establish the basis for charging two sets of fees.

Or. Admin. Code § 441-910-0094

FCS 13-2009, f. 12-18-09, cert. ef. 1-1-10

Stat. Auth.: 2009 OL Ch 604, § 21

Stats. Implemented: ORS 697.652