If you incorporate in a different state, are you subject to only that states criteria for doing credit repair?

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I live in Oregon where there is A lengthy list of requirements to become liscensed for credit repair. Can I get around this by incorperating in a different state and registering in a different state that doesnt have these requirements while still residing in Oregon?

Attorney Answers

3
Matthew Berkus ·
No, because, generally, if you conduct business in a state, you are subjecting yourself to that state's laws regardless of where you are incorporated. Or another way to think about it, by offering services to OR citizens, those citizens are protected by OR law. On the flip side, those compliance laws are in place to protect citizens from scams; since most credit repair services are scams, if you can't or don't want to comply, what does that say about the service you are offering?
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Richard Elie ·
No. Incorporating in another state and doing business as a credit repair business without obtaining the license subjects you not only to state but federal regulatory actions. Specifically each state requires that you obtain a license in that state before you do business with its citizens and residents. How constitutional this may be is questionable and been litigated in courts all across the country. Likely you don't have the same money that other players do in order to afford fending off that much litigation. Back to your question. Its very simple. If you rip off someone in say Tennessee who does biz with you through your Iowa corporation, while you are in Oregon. You're screwed. If you do business with someone in Oregon while in Iowa and don't have the license, you're screwed. The only way to do this is get licensed in each state where you will be conducting business with its residents. So if you incorporate in Iowa and start taking on Oregon customers, you get nailed. Not only that but you would probably get sued by the FTC and the CFPB for violating the FTC Act and any regs enforced by the CFPB as well as the Oregon Attorney General. Potential fines and presumed damages could rise to tens of millions of dollars, and you end up bagging groceries for the rest of your life because likely none of the fines, damages and other remedial relief the government entities will get will be discharged in a bankruptcy. Bottom line is, don't do it. But hey, its your skin.
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Brent Vullings ·
Please see my previous answer to this same question.
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