UNIVERSITY
OF OREGON SCHOOL OF LAW
and
LANE COUNTY LEGAL AID AND ADVOCACY CENTER
CONSUMER LAW RESOURCES
Guide
to Consumer Law Statutes
Consumer
Rights Information
Legal Services Backup Centers
Consumer Agencies and Websites
GUIDE TO CONSUMER LAW STATUTES
Laws relating to purchase:
Oregon Unlawful Trade Practices Act - ORS 646.605 et seq.
- prohibits misrepresentations about quality, price, etc.
- $200 statutory damages per violation
- attorney fees
- 1 year statute of limitations
Federal Truth in Lending Act - 15 USC §1601 et seq. (Regulation Z -- 12 CFR §226)
- requires specific disclosures in credit sales about amount financed, amount and schedule of payments, finance charges, interest rate, insurance charges, etc.
- statutory damages = 2 x finance charge
- attorney fees
- 1 year statute of limitations
Retail Installment Contracts - ORS Chapter 83
- requires contract provisions about late fees, penalties, holder in due course, etc.
- prohibits wage assignments, confessions of judgment, etc.
- creditor cannot recover any interest or collection charges
- no statute of limitations
Laws relating to defective products:
UCC (Uniform Commercial Code) Article 2 warranties - ORS Chapter 72
- express and implied warranties
- requirements for disclaimers
- remedies include rejection, revocation of acceptance, and damages for breach of warranty
- 4 year statute of limitations
Magnuson-Moss Warranty Act - 15 USC §2301 et seq.
- disclosure requirements for consumer warranties and service contracts
- actual damages and attorney fees - no statutory damages
- no specific statute of limitations - only 3 states have ruled: same as UCC (4 years)
Oregon Lemon Law - ORS 646.315 et seq.
- only applies to new cars
- requires seller to honor manufacturer's warranty
- right to rescind after 4 repair attempts or 30 days out of service
- arbitration may be required
- 1 year/12,000 mile statute of limitations
FTC Used Motor Vehicle Trade Regulation Rule - 16 CFR §455
- requires Buyer's Guide (warranty info) in used car sales
- must be in Spanish for Spanish language sales
Laws relating to debt collection activities:
Federal Fair Debt Collection Practices Act - 15 USC §1692 et seq.
- APPLIES TO ATTORNEYS!
- prohibits unfair collection activities
- only applies to collection agencies
- - does not apply to original creditor
- up to $1,000 statutory damages
- attorney fees
- 1 year statute of limitations
Oregon Unlawful Debt Collection Practices Act -- ORS 646.639 et seq.
- applies to original creditor and collection agencies
- $200 statutory damages per violation
- attorney fees
- 1 year statute of limitations
Federal Fair Credit Reporting Act
Laws relating to repossession and resale:
UCC Article 9 - ORS Chapter 79
- requirements for self-help repo and resale by public or private sale
- $1000 statutory damages for unlawful repo or resale
Lane County Legal Aid and Advocacy Center -- Consumer Law Series
Legal Aid Services of Oregon -- Consumer Law Series
Consumer Protection and Complaints
Debt Collection, Garnishment, Repossession
Bankruptcy
Credit Reports, Identity Theft & Privacy Rights
Cars - Buying & Leasing
Houses - Mortgages, Repairs, Foreclosure
Student Loan Problems
Consumer Resources
Oregon State Bar -- Consumer Rights and Remedies
Consumer Law
Liability for Defective Products
Are You a Victim of Mail Order Fraud?
NCLC Consumer Law Manuals
(available in Legal Aid library and U of O Law School library)
DEBTOR'S RIGHTS LIBRARY CREDIT AND BANKING LIBRARY Consumer Bankruptcy Law and Practice with CD-Rom Truth in Lending with CD-Rom Fair Debt Collection with CD-Rom Fair Credit Reporting with CD-Rom Repossessions and Foreclosures with CD-Rom Consumer Banking and Payments Law with CD-Rom Student Loan Law with CD-Rom The Cost of Credit with CD-Rom Access to Utility Service with CD-Rom Credit Discrimination with CD-Rom DECEPTION AND WARRANTIES LIBRARY CONSUMER LITIGATION LIBRARY Unfair and Deceptive Acts and Practices with CD-Rom Consumer Arbitration Agreements with CD-Rom Automobile Fraud with CD-Rom Consumer Class Actions with CD-Rom Consumer Warranty Law with CD-Rom Consumer Law Pleadings on CD-Rom with Index Guide Consumer Law in a Box CD-Rom The Practice of Consumer Law with CD-Rom
Stop Predatory Lending with CD-Rom
CONSUMER AGENCIES AND WEBSITES
Agencies
Consumer.gov - gateway for consumer information from the federal government
Consumer Websites