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Oregon Consumer Law Questions & Answers
2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... Read more »

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1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Can I sue my insurance company for stringing me along and not paying out on a claim that's affecting my work and housing

Right off the bat I had to sign a huge stack of papers which I was kind of unsure signing to begin with, but it was a relinquishing my the information from all bank accounts all of my person to person pay apps that. my call log on my phone all any phone records. I also had to provide phone numbers... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 21, 2022

You must have a basis to sue your insurance company. You cannot sue your car company merely for asking for documentation to support a claim you are making. To answer this question, more context is needed. What is the underlying claim you are making that would entitle you to insurance coverage?... Read more »

1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Oregon on
Q: I created a new product for my regional food company. It appears it will be official and sold. Am I entitled.

I live in Washington state but work in Oregon

Erik Špila
Erik Špila
answered on Sep 2, 2022

This depends on if you created it as a company employee, or in your free time for yourself. It is sometimes hard to prove both of them. It all depends on jurisdiction. I would recommend you to contact local attorney to discuss this matter.

1 Answer | Asked in Consumer Law and Banking for Oregon on
Q: Any regulations for a bank such as Chase to require both signatures if a check is made out to John Doe and Jane Doe?

Check was deposited to individuals account not a joint account and it was to be divided equally.

Gregory L Abbott
Gregory L Abbott
answered on Aug 24, 2022

They should require two signatures IF the check was made payable to one person and a second one. If it was just payable to the two names without the "and" included, then either could cash it with just their signature. Instead of "and", an "or" is legally implied.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: What can I do if I hit a settlement but I didn’t want a settlement I asked my attorney I want trial

I took my rental manager to court after giving me 6 eviction and not fixing a leak and mold grew then the floor needed to be replaced I gave my attorney all fotos with evidence but he only presented one of a wall with mold nothing els I should of gotten 3 times my rents work but only got 12000 i... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jul 1, 2022

If you didn't agree or want the settlement, you should have declined it, even firing your attorney if you believe it warranted. But now that you accepted it, you live with it. Own your actions - and regardless, the court is likely to require you to do exactly that.

1 Answer | Asked in Consumer Law, Small Claims and Banking for Oregon on
Q: If you wire transfer money to someone and then realize it was fraud, how can you file a complaint to the court

if you don't know their physical address?

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2022

You can file a complaint with your local police, with Oregon's Attorney General Consumer Fraud Division (can file online), and with the FBI who has a task force specifically aimed at this sort of fraud. All that said, the odds are extremely remote that any of them will actually do anything... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Oregon on
Q: I just found a check addressed to my mom for a class action suit my mom expired 5/8/2017 the check is dated 7/18/2019

can this check be reissued into her daughter's name? It's for the BP / Arco class action 91$ & 94$

Theressa Hollis
Theressa Hollis
answered on Feb 25, 2022

I recommend that you contact the Payor of each check to ask if they will reissue the checks. It's possible they may want you to file a small estate affidavit if no probate was previously filed.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Oregon on
Q: The girl I bought my puppy from is trying to sue me when there is no reason.

I was supposed to purchase a dog late September from this girl. She was not an experienced breeder and lied about multiple factors with this purchase. She wants to sue me because I haven’t had the money when she made me bring the dog home way sooner than I was ready for. We signed a paper saying... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Nov 16, 2021

Apparently she is threatening to sue you for the money, so when you brought the dog home is totally irrelevant (and no, she did NOT "make" you bring it home early - you agreed to do so and need to take responsibility for your actions). Hopefully there is a writing specifying the sales... Read more »

1 Answer | Asked in Consumer Law, Admiralty / Maritime and Lemon Law for Oregon on
Q: when purchasing a boat do rules like disclosure, or cancelling the deal come into play

put down payment on boat was told one thing about condition of transmission and found it to be otherwise went to cancel deal within 72 hours and was told that he was going to treat as a failed sale and consider it a voluntary repo and he doesn't have to give my money back when the whole time... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Oct 26, 2021

There is no 72 hr cancellation privilege unless your sales contract provided one. But then there is not one for anything else either (one of the most popular misconceptions by consumers) except under the door to door solicitations rule (if a salesman sells you something at your front door without... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Oregon on
Q: How/where do I get compensated for hair loss from a hair product with misleading/false claims?

Hi, I’ve been looking for a lawyer to take my case, but with no avail. So I’ve been trying to do it on my own, but can’t. I would greatly appreciate knowing where or how I can get help getting compensation for this, if/what letter I can send, or if I have to go to small claims, etc.. Thank... Read more »

Virgil Royer
Virgil Royer
answered on Sep 24, 2021

There are few things more frustrating that companies that make promises to their customers, who rely on the promise, then only to find out that it is a lie. "Best Burgers in Town", "World-Famous Pizza", those all make us expect their products to be good--if not the best in town.... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Oregon on
Q: Have there been any cases upholding the current version of Oregon Revised Statutes: 73.0311?

Is a check marked "paid in full", and negotiated still a valid "accord and satisfaction" in Oregon, in a disputed matter?

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

If you are asking if you write "Paid in Full" on a check's memo line and submit it for less than the full amount of the bill, and it is cashed, are you off the hook for the balance of the bill, the answer is NO. If you have a written agreement specifying the creditor is settling for... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: Can my landlord disable echeck and have me pay using my debit card on there website that charges 50$ on top of my rent

My landlord is having my family use their website and they disabled echeck so when we do pay for rent it charges 50$ extra on top of my rent

Gregory L Abbott
Gregory L Abbott
answered on Aug 17, 2021

IF you are allowed to also pay in cash or check, without a surcharge, and the credit card processing company charges the landlord $50 to process your payment, it may (or may not) be legal (the law specifies it may be legal under the above circumstances for the landlord to pass along charges for... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Oregon on
Q: Do I need to sign a new lease if they messed up on the original?

I received a notice that my rent was going to be increased on April 30th. I signed a new lease for an entire year. The amount that is stated on the lease is $1,378. Since April they have been billing me $1,462. I called and left them a voicemail yesterday letting them know that they're billing... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Aug 12, 2021

If you have a valid fixed term lease, they are stuck and cannot raise your tent until it expires unless there is an unusual clause in your lease allowing for it or unless you voluntarily agree to modify or replace the lease - and why would you?

1 Answer | Asked in Consumer Law, Banking and Landlord - Tenant for Oregon on
Q: I deposited a check into my account that was not honored by my landlord’s bank. That was in May. When do I get my money?

Clackamas Housing Authority is my landlord. Check was for relocation which has already been completed at my expense.

Gregory L Abbott
Gregory L Abbott
answered on Aug 11, 2021

Not clear why your landlord was paying you relocation money in May if you are still there, nor the reason the check bounced - one would presume that it was not for insufficient funds if the landlord was the Clackamas Housing Authority. It sounds as if the Housing Authority, for whatever reason,... 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, 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 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 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...
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