Oregon Legislative Update

The Oregon legislature has amended the Oregon Consumer Information and Protection Act (formerly known as the Consumer Identity Theft Protection Act).  They have also enacted amendments to its laws to address the issue of unoccupied residential properties that are unsafe or unsanitary; amended the definitions related to documents presented for recording; and amended the information to be provided on certain notices related to foreclosure or terminating tenancy.  All the legislation discussed in this memorandum is effective January 1, 2020.

 

OREGON SENATE BILL 684

 

“Covered entity” is a person that owns, licenses, maintains, stores, manages, collects, processes, acquires or otherwise possesses personal information in the course of the person’s business, vocation, occupation or volunteer activities.  Covered entity does not include a person to the extent that the person acts solely as a vendor. 

 

“Vendor” is a person with which a covered entity contracts with to maintain, store, manage, process, or otherwise access personal information for the purpose of, or in connection with, providing services to or on behalf of the covered entity. 

 

“Personal information” has been expanded to include a user name or other means of identifying a consumer for the purpose of permitting access to a consumer’s account, together with any other method necessary to authenticate the user name or means of identification. 

 

A vendor that discovers a breach of security, or has reason to believe a breach has occurred must notify the covered entity with which the vendor has a contract as soon as practicable but not later than 10 days after discovering the breach or having reason to believe that the breach has occurred.  If the vendor has a contract with another vendor, that in turn has a contract with a covered entity, the vendor must notify the other vendor of the breach or belief that a breach has occurred.

 

The vendor must notify the attorney general in writing or electronically if the vendor is subject to a breach that involves the personal information of more than 250 consumers, or a number of consumers that the vendor could not determine.  The vendor is not required to notify the attorney general if the covered entity with which the vendor has a contract has notified the attorney general. 

 

OREGON HOUSE BILL 2285

 

A court may appoint a receiver if the court finds that the property is a threat to public health, safety or welfare.  The city or county may also obtain a judgment against the property in the amount of the estimated costs of correcting the condition of the property.  This judgment may be entered as a lien against the property with priority over all other liens, mortgages and encumbrances.

 

OREGON HOUSE BILL 2425

 

“Instrument” includes an electronic record that is created, generated, sent, communicated, received or stored by electronic means.

 

“Original certification” or “original signature” includes an electronic signature that includes an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. 

 

If an instrument that is eligible to be recorded is presented as an electronic image or by electronic means, a county clerk may record the instrument.  If the county clerk records the instrument, the county clerk must require the person that presents the instrument for recording to certify by electronic means or otherwise that instrument, or the instrument from which the electronic image was made, contains the original signatures required. 

 

OREGON HOUSE BILL 2530

 

The notices related to a foreclosure of a residential trust deed or a notice of termination of tenancy shall include a statement that if the recipient of the notice is a veteran of the armed forces, assistance may be available from a county veterans’ service officer or community action agency.  The notice should include the following:

  • Contact information for a service officer for the county in which the recipient lives and contact information for a community action agency that serves the area where the recipient lives; or
  • A statement that contact information for a local county veterans’ service officer and community action agency may be obtained by calling a 2-1-1 information service.

 

Sign up for news + updates

Expert insights and regulatory updates on RegTech, compliance management, and fair lending.

Diane Jenkins

Director, National Mortgage Compliance Practice Group, AsurityDocs Of Counsel, Sandler Law Group

Recommended Resources