Oregon AG announces settlement with senior living company

By Bryan Cohen | Sep 24, 2013

SALEM, Ore. (Legal Newsline) - Oregon Attorney General Ellen Rosenblum announced a settlement Monday with a Lake Oswego-based senior living company to resolve allegations of unlawful marketing to veterans.

Under the terms of the settlement, Holiday Retirement will pay $750 to $3,500 or more to at least 163 Oregon veterans. Holiday will pay $200,000 to the Oregon Department of Justice Protection and Education Account and $95,000 toward attorney fees. Holiday's affiliates, Robert Elhard Jr. and Fielding Financial LLC, agreed to stop soliciting or providing financial services to Oregon veterans as part of a separate settlement.

"It is unconscionable under Oregon law to take advantage of seniors," Rosenblum said. "After the many sacrifices senior veterans have made for our country, no group is more deserving of respect and fair treatment."

Holiday allegedly made misrepresentations to prospective customers about the availability of benefits for federal veterans. Some individuals allegedly moved into Holiday facilities based on the anticipated added income and an offer of deferred rent. Some of the residents failed to qualify for the veterans benefits and Holiday allegedly took aggressive actions to collect the deferred rent.

"There is more work to do," Rosenblum said, "But I am proud we were able to remove Mr. Elhard from the Oregon marketplace and to convince a major provider of senior housing to change its practices and make things right by their customers. My office will vigilantly monitor Holiday's reform efforts going forward."

Holiday will also donate $50,000 to the Oregon Veterans' Home as part of a separate transaction.


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