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PORTFOLIO RECOVERY ASSOCIATES v. SANDERS

SC S066455 (Control) S066456.

462 P.3d 263 (2020)

366 Or. 355

PORTFOLIO RECOVERY ASSOCIATES, LLC, Respondent on Review, v. Jason SANDERS, Petitioner on Review. Portfolio Recovery Associates, LLC, Petitioner on Review, v. Jason Sanders, Respondent on Review.

Supreme Court of Oregon, En Banc.

April 23, 2020.

Attorney(s) appearing for the Case

Tomio Buck Narita , Simmonds & Narita LLP, San Francisco, California, argued the cause for the petitioner on review Portfolio Recovery Associates, LLC. Jeffrey A. Topor filed the briefs for petitioner on review Portfolio Recovery Associates and the brief for respondent on review Portfolio Recovery Associates. Also on the briefs was Julie A Smith , Cosgrave Vergeer Kester, LLP, Portland.

Bret A. Knewtson , Law Office of Bret A. Knewtson, Hillsboro, argued the cause and filed the brief for respondent on review Jason Sanders , and filed the briefs for petitioner on review Jason Sanders.

Nadia H. Dahab , Stoll Stoll Berne Lokting Shlachter PC, Portland, filed the brief on behalf of amicus curiae Oregon Trial Lawyers Association.

This case arises out of Portfolio Recovery's action to recover a credit card debt from Sanders under a common-law claim for an "account stated," which we have described as "`an agreement between persons who have had previous transactions of a monetary character fixing the amount due in respect to such transactions and promising payment...

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