Oregon Statutes 725A.524 – Investigation of complaints; confidentiality of materials obtained in investigation; exceptions; charge for costs of investigation
(1) If the Director of the Department of Consumer and Business Services receives a complaint concerning a person that services a student loan, the director:
Terms Used In Oregon Statutes 725A.524
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Shall notify the person of the complaint, provide a copy of the complaint in the notice and require the person to respond to the complaint and to the director within 30 days after the date of the notice;
(b) May investigate the complaint and require the person to provide books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence necessary for the director’s investigation; and
(c) May investigate the person and the person’s policies and practices with respect to servicing a student loan and require the person to provide books, accounts, papers, records, files, documentation and other information, material or evidence necessary for the director’s investigation.
(2)(a) Except as provided in paragraph (b) of this subsection, books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence the director receives or possesses as a consequence of an investigation under subsection (1) of this section are confidential unless state or federal law or a court order permits or requires disclosure.
(b) The director may share any item listed in paragraph (a) of this subsection with any state or federal agency.
(3) The director may charge and collect from a person the director investigates under this section the costs the director incurs in conducting the investigation.
(4) This section does not apply to:
(a) A financial institution, as defined in ORS § 706.008.
(b) A financial holding company or bank holding company, both as defined in ORS § 706.008, if the financial holding company or bank holding company does no more than control an affiliate or subsidiary, as defined in 12 U.S.C. § 1841(d), and does not engage in business as a student loan servicer. [2021 c.651 § 9]