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Oregon Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for Oregon on
Q: I'm having a hard time finding a list of contaminates that my City must test our ground water for and how often for each

I am trying to decipher our CCR, and I don't think that our City is testing for everything it needs, and it seems to be missing some information. I need to know if the Health Effects Language must be included or is just the likely source of contamination sufficent and what contaminates need... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 10, 2021

An Oregon attorney could advise best, but your post remains open for a week. A starting point could be environmental agencies and public health agencies in Oregon. On the federal level, the U.S. Environmental Protection Agency oversees environmental law, but nationwide, state departments of... Read more »

1 Answer | Asked in Consumer Law for Oregon on
Q: I used one of their products and my scalp has been irritated for months, am I liable for any kind of compensation?

My hair is dry and falling out and my scalp is flaky and itchy.

Gregory L Abbott
Gregory L Abbott answered on Jul 7, 2021

Maybe but it all depends. First, you will have to prove that use of the product, according to its directions, has materially damaged you. That most likely can require the testimony of a medical doctor (read EXPENSIVE). You will have to prove both that your head has been damaged and whether it is... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: Storage business said they have 24hour video surveillance they don't we were broke into and lost big
Gregory L Abbott
Gregory L Abbott answered on Jun 30, 2021

You may want to review your agreement with the storage company before filing a lawsuit. It may well limit their liability and/or advise (require?) you to have insurance on the storage bin contents. It may also matter how/what they promised regarding video surveillance and what happened (did it not... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Collections for Oregon on
Q: Statute of limitations for 10-year debt?

Hello,

I received a collection notice from a debt collector (from old phone company) for a 10-year debt. Are they within the SoL to collect? I wrote and confirmed the balance owed from 2011, but had never received a bill for this balance until last week. I haven't received any other... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 27, 2021

Whether it is past the statute of limitations depends on a few things. First, exactly what is trying to be collecting upon? The original debt or a court judgment against you arising out of that debt? IF it ever was reduced to a court Judgment, Judgments in Oregon are good for 10 years and maybe... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Oregon on
Q: My basement has had previous flood damage that was hidden from us and not found on inspection, do i have legal recourse?

My basement recently flooded from a sump pump that failed during a rain storm. After calling the insurance company and having them send ServPro out to assess the damage we discovered that there was previous flood damage and mold growing inside the walls. Insurance says they wont cover it because... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2021

An Oregon attorney could advise best, as obligations to disclose can differ according to state law. But your question remains open for two weeks. As as GENERAL premise of contract law, taking affirmative steps to hide a condition that was known could be bad faith (e.g. applying thick coatings in a... Read more »

1 Answer | Asked in Consumer Law for Oregon on
Q: what happens under section 641 of evidence code if you did not receive the mail that was claimed to have been mailed
Adam Savett
Adam Savett answered on Aug 26, 2020

Evidence Code section 641 creates a rebuttable presumption that a properly addressed letter has been received. The plain language makes that clear - "A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail."

The effect of a...
Read more »

1 Answer | Asked in Consumer Law for Oregon on
Q: what happens if i did not receive a letter that was claimed to be sent without tracking under section 641 of California

evidence code

Adam Savett
Adam Savett answered on Aug 26, 2020

Evidence Code section 641 creates a rebuttable presumption that a properly addressed letter has been received. The plain language makes that clear - "A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail."

The effect of a...
Read more »

1 Answer | Asked in Consumer Law, Business Law and Communications Law for Oregon on
Q: Can I Sue a car dealership for sending me fake scratch offs in the mail
Tim Akpinar
Tim Akpinar answered on Aug 17, 2020

An Oregon attorney could answer best, but your question remains open for two weeks. As a general matter, probably not. It sounds like a promotional effort and nothing more - no deception and no obligation to offer genuine tickets. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Car Accidents for Oregon on
Q: Hello, I was just trying to do a brief write-up about ORS 746.290 and how it pertains to repair shops. Please explain?

I am writing content for an online auto body repair shop magazine. Thanks!

Virgil Royer
Virgil Royer answered on Aug 3, 2020

Oregon law does not allow insurers to dictate where a person needs to take their vehicle for repairs. They can make a recommendation. But, they are required to also provide notice through ORS 746.290 of ORS 746.280. In short, while insurance companies can recommend certain repair shops, they have... Read more »

1 Answer | Asked in Consumer Law and Contracts for Oregon on
Q: Can someone return a private, as is, sale car after driving it over 400 miles?

Asking for my parents- They helped my brother by advertising and selling a used minivan for 2700 dollars. The woman who bought it test drove it and paid full price. She signed a bill of sale that said as is. Yesterday, a week after she bought the car she came at 9:00 at night to return the keys.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Sorry to hear your folks are having this problem. Normally "as is" covers all problems, but there could be an exception, that is where the seller knows of a defect that cannot be readily detected. Why does the buyer want to return the car? As the seller, once the buyer took possession... Read more »

1 Answer | Asked in Consumer Law for Oregon on
Q: A tow truck driver attached my car and lifted it while me and one other person was in the car.

He refused to drop my car. He then called the police and they said since the car has already been hooked up we had to get out. I lost my car and cant afford to get it out. I also dislocated my pinkie when he lifted my car . Im in the state of oregon. Do I have rights here?

Michael D. O'Brien
Michael D. O'Brien answered on Jun 10, 2020

The repo guy is not supposed to "breach the peace" in repossessing a car - did they know you were in it? I am not surprised that once it was hooked up they wouldn't drop it. As for your rights - you may have an action for damages against the repo company and could consider filing a... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Personal Injury for Oregon on
Q: Is this a violation of civil rights?

Can a store deny entry to someone who has a legitimate medical condition for not wearing a mask, who's doctor agrees that wearing a mask would cause this person harm, and is receiving disability for this condition?

Tim Akpinar
Tim Akpinar answered on Jun 9, 2020

An Oregon attorney could advise best here, as this could involve state measures, as well as federal measures, arising as a result of the pandemic. But the post remains open for two weeks - it's possible an attorney with insight into ADA and disability issues could have better insight into this... Read more »

1 Answer | Asked in Consumer Law for Oregon on
Q: I used incognito all the time, how do I join the class action suit?
Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Personal Injury and Products Liability for Oregon on
Q: In 1974 I was a victim of a flammable pajamas incident. Skin grafting involves. They should be held accountable !!
Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

This is something on which an Oregon attorney could advise best, but you await a response for a week. I'm sorry for your ordeal and the serious injuries you must have suffered to necessitate skin grafting. Unfortunately, it might be difficult to pursue legal remedies at this point in time. You... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Oregon on
Q: In Oregon we have a ban on events of 25 or more. Would an event location with room for 3+ feet between people work?

Here is an how i see it

4. [...] I am prohibiting[...] gatherings of 25 people or more. This prohibition applies statewide.

5. [...] this Executive Order include, but are not limited to, any[...] events or activities, if a distance of at least three (3) feet between individuals... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 20, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers... Read more »

2 Answers | Asked in Bankruptcy and Consumer Law for Oregon on
Q: My attorney won't return my calls. I've already paid her for bankruptcy services.

What can I do and please tell me how to find FREE legal services in Portland Oregon? I'm asking for FREE services as my attorney took the money I had for filing my bankruptcy.

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff answered on Feb 14, 2020

Dear Asker,

If you can not get ahold of your attorney via her phone or email you can contact the Oregon State Bar about reaching out to her to resolve any misunderstanding or fee dispute. https://www.osbar.org/feedisputeresolution

You can call oregon legal aid to discuss...
Read more »

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2 Answers | Asked in Elder Law and Consumer Law for Oregon on
Q: Elderly manipulation

My father has an elderly friend that we believe is being manipulated by foreigners for money in a promise for a relationship. He might have spent tens of thousands if not hundreds to help a female make it to America for a relationship. This female seems to have multiple medical or other problems... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 18, 2019

This is a common scam and is considered elder financial abuse, most likely. You may call local law enforcement or adult protective services to report your concerns. You can also alert your father's friend's bank to be on the lookout for suspicious, large transactions. If your... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: Hi thank you for taking the time to read my question. I have a contractor that I have started a small home project with

I had him replace widows, which started out wrong. He measured one of the windows completely wrong and we didn't discover it until they went to put it in and it didn't fit. Custom ordered mind you. He needed to fix that problem which is still incomplete from March 2019. I then, decided... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 10, 2019

You need to review everything in detail with a local attorney. Depending upon the size/dollar amount of the job, contractors are usually required to put their bids in writing and give you written notice of your rights as a homeowner and notice that if you pay the general contractor but he fails to... Read more »

1 Answer | Asked in Banking and Consumer Law for Oregon on
Q: I was asked to help a widow if I could help her receive her late husbands funds which are in a bank account in the UK.

In return if I helped her she would pay me 20% of her late husbands funds which is over 2.6 million £ or over $3 million usd. She had her attorney contact me and explained the situation and sent me legal documents and bank statement. Well 3 years later and over $13,000 usd which I've paid in... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2019

I hope your bank is able to assist you here. As a general matter, exercise caution with offers from parties you do not know who speak of sums of several million dollars, and that involve princes, heiresses, or other exotic beneficiaries. They often involve inquiries about your sensitive banking... Read more »

1 Answer | Asked in Consumer Law, Contracts and Education Law for Oregon on
Q: Can I ignore a state university that is trying to fine me if they do not have my SSN or address?

I considered attending a state university and then never followed through. I had made an email in their system and got no further. They later contacted me via this email and said that I owed them $5,700 for a room and board that I never reserved. They only have this email and my name and they do... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

If they know your name they can easily find out everything else they need to sue you; and they might, do that because of the large amount involved. Accordingly, I do not advise you to start ignoring them now. Your decision to appeal the fine has already pushed them far enough to continue with the... Read more »

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