122nd Group, LLC v. DCBS

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 08-10-2016
  • Case #: A156276
  • Judge(s)/Court Below: Tookey J. For the Court; Sercombe,P.J., & Hadlock, C.J.

ORS 646A.620(1)(c)'s phrase "make available to the public" does not include throwing an evicted tenants belongings in the dumpster and thus exposing them to dumpster divers.

122nd Group LLC sought review of a final order issued by the Department of Consumer and Business Services penalizing them for $5,000 for a violation of ORS 646A.620(1)(c) for throwing out boxes with social security numbers that belonged to a previous tenant and making them available to the public. They argued that the phrase "otherwise make available to the public" was expansively interpreted and should not include putting a previous tenants belongings in the trash. The court agreed with 122nd Group LLC and held that the phrase "make available to the public" means to be accessible to the public at large and not to dumpster divers. The court reversed the order.

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