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Oregon Consumer Law Questions & Answers
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, 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 »

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