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Oregon Consumer Law Questions & Answers
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 »

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: Is there a statute of limitations in Oregon for an attorney to collect unpaid attorney fees from a previous client?

We thought we had settled up, left on good terms. No contact in over 6 years, only recently began submitting old bills to unmanned email address. Now in collections.

Gregory L Abbott
Gregory L Abbott answered on Feb 18, 2019

Assuming there is no Judgment against you that is trying to be collected upon, you may well have a 6 year statute of limitations, running from your last partial payment or last legitimate charge on your bill. IF it truly is past the statute of limitations, and you are being harassed by a... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Products Liability for Oregon on
Q: I won an abandoned storage unit in PDX owned by a film company. Can I sell the manuscripts/ reels/ photos back to them?

The unit contained not only the manuscripts/reels/files/notes/art for most of the films they have ever produced, but I have over 20,000 personal family photos dating back to the 1920's, and original artwork of a locally famous painter related to the films studio owner.

I want to... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 22, 2018

The items are now your personal property. Keep in mind you only have the property rights, so some items would have intellectual property rights to them (for instance copyright on the manuscript) so you just own that copy, not the rights to the films.

The one thing to keep in mind, is if you...
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1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Oregon on
Q: I currently own a home by Tenancy by the Entirety with my wife. Can a judgment lien be placed and foreclosed

The creditor appeared out of no where after 8 years with out any collection effort. Added in compounded interest and is in the process of trying to foreclose on my property. He received a decision that said he could sale my portion.

Timothy Denison
Timothy Denison answered on Jun 21, 2018

That is really an Oregon collections uestion rather than bankruptcy question. Consult a local attorneywho can properly advise you.

1 Answer | Asked in Consumer Law and Collections for Oregon on
Q: I got notice in the mail that I am going to be garnished, I never got served papers but they claim I did, what can I do?

How do I dispute this? I never got served papers, but when I called them they said someone answered the door and said they were me, I work during the day so I know for a fact I didn't receive any papers. So the person who "served papers" lied, cause I never got them. Do I have a legal case?

Gregory L Abbott
Gregory L Abbott answered on May 10, 2018

Likely not - if you have some adequate grounds to dispute the validity of the Writ or the amounts being garnished, then you have a time frame to oppose it in court. If you haven't filed within that time frame and the Judge believes you were not timely served with the Writ, he/she might extend... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Oregon on
Q: A guest of Condo A causes water to flow into Condo B. Is Condo A owner responsible for guest actions?

Condo A owner says that his guest maliciously plugged up the sink and left the water running, causing water to enter Condo B's floor and wall damages.

Condo A insurance company denies any liability stating that Owner of Condo A is not responsible for the actions of guests.

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

Depending on the declaration, bylaws and rules of the UOA, the insurance company may be right. But there is also the possibility that you might recover against the guest, or even against the owner on the theory that the owner was negligent in entrusting the unit to this particular guest (something... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on
Q: I have damage and mold from a burst pipe and the landlord won't fix it or anything in the house what rights do i have?

2 years ago when we had record rains in Dec out house we rent shifted and raised the flooring in the kitchen like the beam is pushing up. my husband noticed the kitchen floor was getting wet. he looked under the sink and saw the brand new garbage disposal was leaking he was cleaning it up and... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Feb 22, 2018

While there is no law which clearly concerns mold exposure in rental buildings, the landlord is responsible with providing tenants with adequate living conditions under the warranty of habitability, which includes taking care of mold contamination. You should not have to pay for having this issue... Read more »

2 Answers | Asked in Contracts and Consumer Law for Oregon on
Q: If I default on a car loan in Oregon and they sell the car the amount they resold it for goes on on my principal?
Joanne Reisman
Joanne Reisman answered on Jan 24, 2018

This is a really bad idea. Car lenders will go for a fast sale which is often below what you owe on the car then they will sue you for the balance you still owe. If there is anyway you can sell the car and pay off the loan even if you just break even, that would be the better way to go. If you... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Internet Law for Oregon on
Q: I get tons of email telling me I've been chosen to receive a lot of $ is there any law against it or way to stop it?

I get mail from people claiming to be upper management from various financial institutions and they claim to have anything from Western Union money transfers waiting for me if i send $50 to them first to pay for processing, to people claiming to be agents of some sort wanting to deliver trunks of... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 30, 2017

Most of these scam operations, and they are scams, are based outside the United States. So while these scams undoubtedly violate more than one US Law, actually tracking down the criminals and arresting them is next to impossible.

Here is a website called "scam busters" that you...
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