GORDON v. ROSENBLUM

(CC 161208399; SC S063978).

393 P.3d 1122 (2017)

361 Or. 352

Daniel N. GORDON, an Oregon professional corporation; and Daniel N. Gordon, individually, Petitioners on Review, v. Ellen ROSENBLUM, Attorney General; and Oregon Department of Justice, Respondents on Review.

Supreme Court of Oregon.

April 27, 2017.


Attorney(s) appearing for the Case

R. Daniel Lindahl , Bullivant Houser Bailey PC, Portland, argued the cause and filed the brief for petitioners on review. Daniel N. Gordon , Gordon Aylworth & Tami PC, Eugene, also argued the cause on behalf of himself.

Michael A. Casper , Assistant Attorney General, Salem, argued the cause and filed the brief for respondents on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Jonathan P. Strauhull , Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association. Also on the brief was Phil Goldsmith , Portland.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Brewer, and Nakamoto, Justices, and Baldwin, Senior Justice, Justice pro tempore.


In this declaratory judgment action, we consider whether provisions of Oregon's Unlawful Trade Practices Act (UTPA) that prohibit using "unconscionable tactic[s]" to collect certain debts, ORS 646.607(1), and causing likely "confusion" or "misunderstanding" regarding loans and credit, ORS 646.608(1)(b), apply to the debt collection...

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