441-910-0005 - Exemptions from Debt Management Service Provider Registration

441-910-0005. Exemptions from Debt Management Service Provider Registration

(1) An attorney provides debt management services only incidentally to the practice of law if:

(a) The attorney only provides the services to a client of the attorney and only while acting as an attorney on behalf of the client;

(b) The attorney does not act as a broker for debt management services;

(c) If the attorney refers a consumer who is a client of the attorney to a third party debt management services provider, the attorney does not receive compensation, directly or indirectly, for the referral and in the attorney's professional judgment the attorney believes the referral will be beneficial to the client;

(d) The attorney does not provide debt management services to a third party on behalf of a consumer who is a client of the attorney; and

(e) Any advertisement used by the attorney concerning debt management services complies with the Oregon Rules of Professional Conduct and formal ethics opinions published by the Oregon State Bar applicable to advertising.

(2) An individual licensed as a real estate broker under ORS 696.020 may negotiate, offer, attempt or agree to negotiate the sale, exchange, purchase, rental or leasing of real estate without being registered as a debt management service provider if the licensed real estate broker only receives the usual and customary fees of a real estate broker under the terms of an executed real estate contract with the debtor as a real estate seller.

(3) A nonprofit budget and credit counseling agency approved by the United States trustee overseeing the administration of bankruptcy cases may claim the exemption in ORS 697.612(3)(L) if:

(a) The nonprofit budget and credit counseling agency provides an individual or group briefing that outlines the opportunities for available credit counseling and assisted such individual in performing a related budget analysis that is not a budget analysis under OAR 441-910-0140;

(b) An individual or group briefing is provided only for persons likely to become debtors under 11 U.S.C. § 109 (h); and

(c) The nonprofit budget and credit counseling agency does not otherwise engage in any activity constituting debt management services or act as a broker for debt management services.

(4) A nonprofit entity that only provides advice, assistance, instruction or instructional materials to a consumer in return for a fee reasonably calculated to pay the cost of making the advice, assistance, instruction or instructional materials available may claim the exemption in ORS 697.612(3)(m) if:

(a) The nonprofit entity does not conduct any activities constituting debt management services or act as a broker for debt management services;

(b) The nonprofit entity does not advise a consumer in whole or in part by conducting a budget analysis described in OAR 441-910-0415; and

(c) The nonprofit entity's reasonably calculated fee to pay the cost of making the advice, assistance, instruction or instructional materials available does not in any case exceed $25.

(5) An organization or a counselor approved by the United States Department of Housing and Urban Development may claim the exemption in ORS 697.612(3)(n) if the organization or counselor:

(a) Is under contract or receiving a grant through the Department of Housing and Urban Development's Housing Counseling program;

(b) The contract or grant under subsection (a) of this section is made or funded only for the purposes of:

(A) Providing assistance to eligible homebuyers to find and purchase homes;

(B) Helping renters locate and qualify for assisted rental units;

(C) Helping eligible homebuyers obtain affordable housing;

(D) Assisting homeowners to avoid or mitigate foreclosures;

(E) Assisting renters to avoid evictions;

(F) Helping the homeless find temporary or permanent shelter;

(G) Reporting fair housing and discrimination complaints; or

(H) Addressing housing problems; and

(c) The organization or counselor does not otherwise engage in any activity constituting debt management services or act as a broker for debt management services.

(FCS 13-2009, f. 12-18-09, cert. ef. 1-1-10)

Stat. Auth.: 2009 Or Laws ch. 604, § 21

Stats. Implemented: ORS 697.612

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