(1) ORS 725A.010 to 725A.092 and 725A.990 do not limit a person‘s rights, powers or privileges under a law of this state or of the United States that regulates the person’s lending money or extending credit, provided that the person complies with the provisions of the law.
Terms Used In Oregon Statutes 725A.012
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) Except as otherwise provided in subsection (3) of this section, ORS 725A.010 to 725A.092 and 725A.990 do not affect a loan made or payable in another jurisdiction and lawful where made or payable.
(3)(a) A person is subject to ORS 725A.010 to 725A.092 and 725A.990 if in the person’s capacity as a lender the person makes a payday loan or title loan to a consumer who resides in or maintains a domicile in this state and the consumer:
(A) Negotiates or agrees to the terms of the payday loan or title loan in person, by mail, by telephone or via the Internet while the consumer is physically present in this state;
(B) Enters into or executes a contract with the person for a payday loan or title loan in person, by mail, by telephone or via the Internet while the consumer is physically present in this state; or
(C) Makes a payment on the payday loan or title loan in this state.
(b) For purposes of this subsection, a consumer makes a payment on a payday loan or title loan in this state if:
(A) A person, for purposes of receiving or processing a payment on the payday loan or title loan, debits an account that the consumer holds in a branch of a financial institution that is located in this state; or
(B) The consumer makes a payment on the payday loan or title loan with a negotiable instrument that is drawn on a financial institution that is, or a branch of which is, located in this state. [2010 c.23 § 2]