Sometimes the field of Consumer Protection feels like whack-a-mole. It seems like every day a new scam pops up to entrap our community members. What consumer protection issues are your clients facing? This session offers a chance for you to share your concerns and hear from your colleagues. Experts in the field will offer resources and tools to help keep your clients safe. We will also explore policy solutions to change the landscape of Consumer Protection in Oregon.
Diane Childs, Oregon Department of Consumer and Business Services
Jonathan Groux, Consumer Protection Section of the Oregon Department of Justice
Moderator: Sybil Hebb, Oregon Law Center
Consumer Protection Listening Session: How Can You Protect Your Clients From the Latest Scams
1. Oregon Department of Justice
Civil Enforcement Division
Financial Fraud and
Consumer Protection Section
2. Overview
• Who we are
• Top 10 complaints (2014)
• Laws we enforce
• Legislative Highlights (2015)
• Tools and Resources
• Results
• Top 10 Scam Avoidance Tips
3. Who we are
The 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….
4. 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)
5. Laws we Enforce
Civil 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….
6. Laws we enforce
Consumer 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
7. 2015 legislative highlights
DOJ 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
8. 2015 legislative highlights
non- 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;
9. 2015 legislative highlights
non- 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…
10. Our tools
Civil Investigative Demands
• Pre-lawsuit
• Sent to business
• We can seek records or sworn
testimony
• Non-production means we can shut
them down
• Not reciprocal
11. Our tools
Assurance 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
13. Resources
We 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
14. Resources
Investigations 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
15. Resources
Some 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.
18. 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
20. Report and Contact info
Oregon Department of Justice
Civil Enforcement Division
Financial Fraud/Consumer Protection Section
1162 Court Street NE
Salem, Oregon 97301
503-934-4400
Attorney-in-Charge Jonathan Groux
jonathan.groux@doj.state.or.us