Oregon Revised Statutes
As used in ORS 646A.005 to 646A.025: “Animal” means a live, nonhuman vertebrate. “Cosmetic” means a product intended to be rubbed, poured, sprinkled, sprayed on, introduced into or otherwise applied to the human body, or any part thereof, for cleansing, beautifying, promoting attractiveness or altering an individual’s appearance. “Cosmetic” does not inclu…
A manufacturer may not sell or offer to sell in this state a cosmetic that was, on or after January 1, 2024, developed or manufactured using cosmetic animal tests conducted or contracted for by the manufacturer or any supplier of the manufacturer. This section does not apply to a cosmetic that has been developed through use of a cosmetic animal test if the …
ORS 646A.009 does not apply to a cosmetic that: Has not been developed through use of a cosmetic animal test in violation of ORS 646A.009 but was developed through use of a cosmetic animal test before January 1, 2024, even if the cosmetic was manufactured after January 1, 2024. Does not contain an ingredient that has been used in a cosmetic animal test in …
Notwithstanding ORS 646A.009: A cosmetic that does not meet the requirements of ORS 646A.009 may be donated to a food bank, homeless shelter, hospital, animal shelter, corrections facility or emergency shelter. An entity described in subsection (1) of this section that receives a cosmetic donated pursuant to subsection (1) of this section may distribute th…
If it appears to the Attorney General that a manufacturer has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS 646A.009, or that could lead to the discovery of relevant information in an investigation of a violation of ORS 646A.009, the Attorney General may execute an inv…
The Attorney General may bring a civil action in the name of the state in any court of appropriate jurisdiction to: Impose a civil penalty under ORS 646A.028 for violations of ORS 646A.009; or Obtain an injunction to restrain violations of ORS 646A.009. Civil penalties recovered under this section shall be deposited in the Department of Justice Protection…
In addition to any other penalty provided by law, a manufacturer that sells or offers for sale a cosmetic in violation of ORS 646A.009 incurs a civil penalty of not more than $5,000 for the first day of the violation and not more than $1,000 for each day that the violation continues. SALES (Health Spas)
As used in ORS 646A.030 to 646A.042, unless the context requires otherwise: “Business day” means any day except a Sunday or a legal holiday. “Buyer” means a person who purchases health spa services. “Conspicuous” has the meaning given that term in ORS 71.2010 (2)(j). “Health spa” means any person engaged, as a primary purpose, in the sale of instruction,…
Each health spa shall prepare and provide to each prospective buyer a written list of prices of all forms or plans of health spa services offered for sale by the health spa. A health spa may not sell any form or plan of health spa services not included in the list.
A contract for the sale of health spa services must be in writing and a copy must be given to the buyer at the time the buyer signs the contract. The contract must contain all of the following: Identification of the person providing the health spa services. A description of the health spa services to be provided, or acknowledgment in a conspicuous form tha…
Upon request, a health spa must deliver to a prospective buyer copies of the contract required by ORS 646A.034, and the rules of the health spa if not stated in the contract, and must allow the prospective buyer to retain the copies so provided.
All moneys paid to a health spa by a buyer prior to the opening of the facility shall promptly be deposited by the health spa in a trust account, maintained by the health spa for the purpose of holding such moneys for the buyer, in a bank, savings and loan association, mutual savings bank or licensed escrow agent located in Oregon. The health spa shall with…
A health spa shall not request a buyer to waive any provision of ORS 646A.030 to 646A.042. Any waiver by a buyer of any provision of ORS 646A.030 to 646A.042 is contrary to public policy and is void and unenforceable.
The remedies and obligations provided in ORS 646A.030 to 646A.042 are in addition to any other remedies and obligations, civil or criminal, existing at common law or under the laws of this state. (Manufactured Dwellings)
As used in this section and ORS 646A.052: “Base price” means the total retail cost of the following unless separately disclosed as described in ORS 646A.052 (2): The manufactured dwelling as provided by the manufacturer; Features added by the dealer, if any; Freight; and Delivery and installation as stated in the purchase agreement. “Buyer” means a per…
A manufactured dwelling dealer who sells a manufactured dwelling shall use a purchase agreement form that complies with this section and rules adopted in accordance with ORS 646A.054. The purchase agreement shall include the base price and a written itemization that clearly and conspicuously discloses the retail prices of the following, if not included in t…
The Department of Justice may adopt rules necessary and proper for the administration and enforcement of ORS 646A.052. (Purchase of Used Goods)
A person doing business as a consignment store, a buy-sell store, a secondhand store or a similar store or enterprise that in the regular course of business buys used goods from individuals for the purpose of resale shall: Require that the individual from whom the person buys the used goods present proof of identification; and Maintain a record of the name…
A person that violates ORS 646A.060 (1) commits a Class B violation.
As used in ORS 646A.064 to 646A.067: “Item of precious metal” means an item that consists of or incorporates gold in eight karat or greater purity, silver, platinum or palladium. “Item of precious metal” does not include dental gold, unrefined metal ore, an electronic product, any part of a mechanical system on a motor vehicle, gold or silver coins or bulli…
A precious metal secondhand dealer in this state shall maintain the following records with respect to each transaction conducted by the dealer: The full name, date of birth, current telephone number, current address and signature of the seller; The type and identification number of a currently valid government-issued photo identification that has been issu…
ORS 646A.064 to 646A.067 do not apply within the jurisdiction of any city or county that the Secretary of State has identified as having in effect an ordinance that imposes on precious metal secondhand dealers: Substantially equivalent or more stringent record keeping requirements for transactions; and Equal or longer holding periods for items of precious …
A city or county in this state may not require a precious metal secondhand dealer in this state who is also a pawnbroker licensed under ORS chapter 726 to provide a photograph of an item of precious metal acquired through a transaction.
A person that violates the provisions of ORS 646A.065 commits a Class C violation. Notwithstanding subsection (1) of this section, a person that violates the provisions of ORS 646A.065 three or more times commits a Class A violation for each subsequent violation. Notwithstanding subsections (1) and (2) of this section, a person that violates the provisions…
Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges or private automatic branch exchanges of not more than a 20-station capacity shall disclose clearly, in writing, when reasonable, before sale all of the following information: Whether the equipment uses pulse, tone, pulse-or-tone or other sig…
The requirement of disclosure under ORS 646A.070 does not apply: To any medium of advertising that accepts advertising in good faith without knowledge that the advertising violates any requirement under ORS 646A.070. To the sale or the offering for sale of radio equipment used for land, marine or air mobile service or any like service, regardless of whethe…
As used in this section: “Animal rescue entity” has the meaning given that term in ORS 609.415. “Cat” means a member of the species Felis catus. “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies. “Litter” means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the s…
As used in this section: “Litter” means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time. “Pet dealer” means, except as provided in paragraph (c) of this subsection, a person that sells five or more litters of dogs during a one-year period. “Pet dealer” does not mean an anima…
A person may not sell or offer for sale a novelty item that contains encapsulated liquid mercury. Upon notification to the Department of Environmental Quality by any person that a novelty item for sale in the state contains encapsulated liquid mercury, the department shall notify persons identified as selling the novelty item of the prohibition on the sale …
As used in this section: “Mercury vapor lighting fixture” means an artificial illumination device that produces a high-intensity discharge of light by passing electricity through mercury vapor. “Outdoor lighting fixture” has the meaning given that term in ORS 757.765. A person may not sell an outdoor lighting fixture that is a mercury vapor lighting fixtu…
Any person engaging in floral retail sales shall disclose the person’s principal place of business in any written communications sent to customers, listings, advertising or websites that provide information about the person’s floral retail sales activities. A person who violates subsection (1) of this section commits an unlawful practice under ORS 646.608. …
As used in this section: “Distributor” means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sales, license or any other agreement to sell rights to exhibit a motion picture. “Exhibitor” means any person engaged in the business of operating one or more theaters in which motion pictures are exhibited …
A person that offers or sells goods or services online may not advertise, display or offer a price for the goods or services that does not include all fees or charges that a purchaser must pay to complete a transaction for the goods or services other than: Taxes or fees that a governmental body imposes on the transaction; Reasonable charges that the person…
As used in this section: “Buyer” means a person that purchases a motor vehicle from a seller or leases a motor vehicle from a lessor. “Final approval of funding” means a lender’s irrevocable agreement to purchase a retail installment contract or lease agreement from a seller according to the exact terms that the seller and buyer have negotiated. “Lender” …
As used in this section: “Advertisement” means any public notice or announcement of a motor vehicle for sale or lease. “Motor vehicle” has the meaning given that term in ORS 801.360, except that “motor vehicle” does not include commercial vehicles, as defined in ORS 801.210, or commercial motor vehicles, as defined in ORS 801.208. “Seller” means a person …
As used in this section: “Advertise” means to communicate about a consumer good by newspaper, radio, television, handbill, placard or other print, broadcast or electronic medium within this state for the purpose of selling the consumer good. “Consumer goods” means goods that an individual uses or buys for use primarily for personal, family or household pur…
Whenever the purchaser of a product sold at retail is offered ongoing technical support or service relating to the operation or use of the product, and the support or service is offered exclusively or in part through an information delivery system, the product or package of the product shall contain, in clear view to the purchaser before the product is opene…
As used in this section: “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount per order or per sale. “Principal” means a person who does not have a permanent or fixed place of business in this state and who: Ma…
As used in ORS 646A.100 to 646A.110: “Affiliated business” means a business or business location that is directly or indirectly controlled by, or under common control with, the business location listed in a notice of intent or that has a common ownership interest in the merchandise to be sold at the business location listed in the notice of intent. “Going …
Except as provided in subsection (3) of this section, a person may not sell, offer for sale or advertise for sale merchandise at a going out of business sale unless the person displays a notice of intent at the business location where the person intends to conduct the going out of business sale. A person must display the notice of intent in a prominent plac…
A notice of intent must include: The name, address, telephone number and signature of the owner of the merchandise that will be sold at the going out of business sale. If the owner is a corporation, trust, unincorporated association, partnership or other legal entity, the notice of intent must include the signature and title of an officer of the entity. Th…
A person may not conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under ORS 646.608 or 646A.100 to 646A.110.
A person that intends to conduct a going out of business sale may not transfer merchandise from an affiliated business or business location to the location of the sale. A person, after displaying a notice of intent at a business location where the person intends to conduct a going out of business sale, may not buy or order merchandise, take merchandise on c…
ORS 646.608 (1)(ddd), 646A.100 to 646A.110 and 646A.112 apply only to persons who engage in the retail sale of merchandise in the regular course of their business. ORS 646.608 (1)(ddd), 646A.100 to 646A.110 and 646A.112 do not apply to public officials acting within the scope of their duties as public officials.
As used in this section: “Appropriate court” has the meaning given that term in ORS 646.605. “Relevant market” means: A product market that consists of products or services that a consumer would regard as interchangeable or substitutable by reason of the products’ or services’ characteristics, prices and intended use; or A geographic market that consists…
As used in this section: “Admission ticket” means evidence of a purchaser’s right of entry to a venue other than a commercial motion picture theater or an entertainment event other than a movie shown at a commercial motion picture theater. “Entertainment event” means a performance, recreation, amusement, diversion, spectacle, show or similar event that occ…
As used in ORS 646A.120 to 646A.134: “Advertisement” means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a lease-purchase agreement. “Cash price” means the price at which the lessor would have sold the property to the consumer for cash on the date of the lease-purchase agreement. “Consumer” means an individual …
Lease-purchase agreements that comply with ORS 646A.120 to 646A.134 are not governed by laws relating to: A security interest under ORS chapter 79A. A retail installment contract under ORS 83.010 to 83.190. ORS 646A.120 to 646A.134 do not apply to the following: Lease-purchase agreements primarily for business, commercial or agricultural purposes, or tho…
The lessor shall disclose to the consumer the information required by ORS 646A.126. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by the disclosures. The disclosures shall be made at or before consummation of the lease-purchase agreement. The disclosures shall be made clearly and …
For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: Whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment and the total number and total dollar amount of all periodic payments necessary to acquire ownership of the property; A statement that the consumer …
A lease-purchase agreement may not contain: A confession of judgment; A negotiable instrument; A security interest or any other claim of a property interest in any goods except those goods delivered by the lessor pursuant to the lease-purchase agreement; A wage assignment; A waiver by the consumer of claims or defenses; A provision authorizing the less…
A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of: All past due rental charges; If the property has been picked up, the reasonable costs of pickup and redelivery; and Any applicable late fee, within five days of the renewal date if the c…
A renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures. A renegotiation shall not include: The addition or return of property in a multiple item agreement or the substitution of…
If an advertisement for a lease-purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable: That the transaction advertised is a lease-purchase agreement; The total of payments necessary …
As used in this section and ORS 646A.142: “Authorized driver” means: The person renting the vehicle; The spouse of the person renting the vehicle, if the spouse is a licensed driver and meets any minimum age requirements contained in the rental agreement; The employer or coworker of the person renting the vehicle if the employer or coworker is engaged in…
Every auto rental company doing business in the State of Oregon that offers collision damage waivers shall post a sign approved by the Department of Consumer and Business Services which states “OUR CONTRACTS OFFER OPTIONAL COLLISION DAMAGE WAIVERS AT AN ADDITIONAL COST.” No rental company shall sell or offer to sell to a renter a collision damage waiver as …
ORS 646A.150 to 646A.172: Create a legal framework within which service contracts may be sold in this state; Encourage innovation in the marketing and development of more economical and effective means of providing services under service contracts, while placing the risk of innovation on the obligors rather than on consumers; and Permit and encourage fair…
As used in ORS 646A.150 to 646A.172: “Maintenance agreement” means a contract of limited duration that provides for scheduled maintenance only. “Obligor” means a person that is contractually obligated to the service contract holder to provide service under a service contract. “Obligor” does not include a person that has a home services contractor license,…
For the purposes of this section, a service contract is a contract or agreement to perform or indemnify for a specific duration the repair, replacement or maintenance of property for operational or structural failure that results from a defect in materials, workmanship or normal wear and tear, with or without an additional incidental provision to pay indemni…
A service contract issued, sold or offered for sale in this state shall meet the following requirements: The service contract shall be written in clear, understandable language. The service contract shall identify the obligor and the service contract seller. If prior approval of repair work is required, the service contract shall state the procedure for o…
A service contract seller or obligor shall not in a misleading or deceptive manner use in its name, contracts or literature, the words insurance, casualty, guaranty, surety, mutual or any other words descriptive of the insurance, casualty, guaranty, surety or mutual business. In the offer or sale of any service contract, a person may not: Make, issue, circ…
An obligor is considered to be the agent of the insurer that issued the reimbursement insurance policy. If a service contract seller acts as an obligor and enlists other service contract sellers, the service contract seller acting as the obligor shall notify the insurer of the existence and identities of the other service contract sellers. An insurer that i…
The Director of the Department of Consumer and Business Services may, upon a reasonable belief that a violation of ORS 646A.154, 646A.156 or 646A.158 has occurred, make necessary public and private investigations within or without this state to determine whether any person has violated those provisions. In connection with any investigation conducted pursuan…
Except as provided in subsection (3) of this section, a complaint made to the director against any person regulated by ORS 646A.150 to 646A.172, 742.390 and 742.392, and the record thereof, shall be confidential, and shall not be disclosed or available for public inspection or review. No such complaint, or the record thereof, shall be used in any action, sui…
The Director of the Department of Consumer and Business Services may refuse to continue or may suspend or revoke an obligor’s registration if the director finds after a hearing that: The obligor has intentionally engaged in a pattern or practice of failing to comply with any lawful order of the director relating to a prior violation of ORS 646A.158 (3)(c). …
Each obligor that issues a service contract to a resident of this state shall pay an assessment not to exceed $1,000 to the Director of the Department of Consumer and Business Services for the purpose of supporting the legislatively authorized budget of the department for administering ORS 646A.150 to 646A.172, 742.390 and 742.392. The director shall determi…
The application of any remedy under any provision of ORS 646A.150 to 646A.172, 742.390 and 742.392 shall not preclude the application of any other remedy under ORS 646A.150 to 646A.172, 742.390 and 742.392 or any other provision of law. The application of any remedy under any provision of law shall not preclude the application of any remedy under ORS 646A.15…
The Director of the Department of Consumer and Business Services may adopt rules necessary to implement ORS 646A.150 to 646A.172. The director may by rule exempt certain obligors or service contract sellers or specific classes of service contracts that are not otherwise exempt under ORS 646A.150 (2) from any provision of ORS 646A.150 to 646A.172, 742.390 an…
As used in ORS 646A.202 and 646A.204: “Credit card” has the meaning given that term in ORS 646A.212. “Debit card” has the meaning given “debit instrument” in 15 U.S.C. 1693n.
A person may not sell, lease or rent a payment processing system that provides a customer receipt that shows more information about a customer than the customer’s name and five digits of the customer’s credit or debit card number.
In a credit or debit card transaction with a customer, a person may not create a customer receipt that shows more information about a customer than the customer’s name and five digits of the customer’s credit or debit card number. A person that creates or retains a copy of a receipt containing more information about a customer than the customer’s name and f…
The Attorney General may adopt rules under ORS chapter 183 to carry out the provisions of ORS 646A.200, 646A.202 and 646A.204. (Numbers, Expiration Dates or Personal Information in Credit or Debit Card Transactions)
A person shall not require as a condition of acceptance of a check or share draft, or as a means of identification, that the person presenting the check or share draft provide a credit card number or expiration date, or both, unless the credit is issued by the person requiring the information. Subsection (1) of this section shall not prohibit a person from:…
As used in ORS 646A.210 and 646A.214, “credit card” has the meaning given that term under the federal Consumer Credit Protection Act (P.L. 90-321, 82 Stat. 146, 15 U.S.C. 1602).
A merchant that accepts a credit card or debit card for a transaction may require that the credit card or debit card holder provide personal information, other than the personal information that appears on the face of the credit card or debit card, for the purposes of verification of the card holder’s identity. The merchant may not write the information on t…
Every solicitation for the issuance of a credit card shall disclose the following information concerning the credit card account: The annual percentage rate or rates applicable to the credit card account. If the rate or rates are variable, the solicitation shall disclose that fact and shall further disclose either the rate or rates on a specified date or th…
A charge card solicitation shall disclose clearly and conspicuously the annual fees and other charges, if any, applicable to the issuance or use of the charge card. As used in this section: “Charge card” means any card, plate or other credit device under which the issuer of the charge card extends credit to the card holder that is not subject to a finance …
The Attorney General or a district attorney may bring an action in the name of the state against a person to restrain and prevent a violation of ORS 646A.202, 646A.204, 646A.220 or 646A.222. The Attorney General or a district attorney may in the name of the state seek and obtain a civil penalty from a person that violates an order or injunction issued pursu…
A person who is in compliance with the requirements of the Fair Credit and Charge Card Disclosure Act, (Public Law 100-583), shall also be considered in compliance with the requirements of ORS 646A.220 and 646A.222. (Extension of Credit)
In evaluating applications for extensions of credit, a creditor may not: Treat an applicant’s obligation to pay child support more adversely than the creditor treats or would treat another obligation for the same amount, terms and duration as the child support obligation; or Deny an application solely because the applicant used the applicant’s business add…
As used in ORS 646A.240 to 646A.244, “creditor” means a person who, in the ordinary course of the person’s business, regularly permits debtors to defer payment of their debts, or to incur debt and defer the payment thereof, and in either case, to pay the same with a finance charge or in more than four installments.
Except as provided in subsection (2) of this section, a person who is adversely affected by a creditor’s violation of ORS 646A.240 shall have a cause of action to recover compensatory damages against the creditor and may also apply to a court for an injunction to prevent the creditor’s further violation of ORS 646A.240. If the damages are awarded, or an inju…
(Gift Cards)
As used in ORS 646A.276 and 646A.278: “Gift card” means a prefunded record evidencing a promise that the issuer will provide goods or services to the owner of the record in the amount shown in the record. “Gift card” does not mean prepaid telephone calling cards, prepaid commercial mobile radio services as defined in 47 C.F.R. 20.3, any gift card usable wi…
Except as provided in subsection (2) of this section and ORS 646A.278, a person may not sell a gift card: That has an expiration date; That has a face value that declines as a result of the passage of time or the lack of use of the card; That has a fee related to the card, including, but not limited to, an inactivity fee, a maintenance fee or a service fe…
A person may sell a gift card that has an expiration date if: The gift card bears, in at least 10-point type, the words “EXPIRES ON” or “EXPIRATION DATE” followed by the date on which the card expires; The person sells the gift card at a cost below the face value of the card; and The gift card does not expire until at least 30 days after the date of sale.…
As used in ORS 646A.280 to 646A.290: “Invoice” means a document containing an itemized list of previously ordered goods or services and an amount or amounts of money owed by the recipient of the document. “Recipient” means the person to whom an invoice or simulated invoice is uttered. “Simulated invoice” means a document containing an itemized list of uno…
It is unlawful for any person to utter a simulated invoice if: A reasonable recipient could, under all the circumstances of its receipt, mistake the simulated invoice for an invoice; or The person knows or reasonably should know that a recipient could mistake the simulated invoice for an invoice.
The Attorney General shall have a cause of action against any person who violates ORS 646A.282. If the Attorney General prevails, the court shall enter judgment against the defendant for: Each simulated invoice uttered in this state, for the greater of: Three times the amount stated in the simulated invoice; or $500; Such orders or judgments as may be n…
A recipient of a simulated invoice who has suffered any ascertainable loss as a result shall have a cause of action against any person who violates ORS 646A.282. If the recipient prevails, the court shall enter judgment against the defendant for: The greater of: Three times the amount stated in the simulated invoice received; or $500 for each simulated i…
In any action brought under ORS 646A.284 or 646A.286, the following presumptions apply: A simulated invoice that has been paid by five or more persons could be mistaken for an invoice by a reasonable recipient. A person knows that a simulated invoice uttered simultaneously with a copy of a publication or portion of a publication previously ordered by the r…
The provisions of ORS 646A.280 to 646A.290 shall be liberally construed to effectuate its remedial purposes. The remedy provided by ORS 646A.280 to 646A.290 is in addition to any other remedy, civil or criminal, that may be available under any other provision of law. Claims based on remedies available under other provisions of law may be joined in an action…
It is the intent of the Legislative Assembly to end the practice of ongoing charging of consumer credit or debit cards or third party payment accounts without the consumers’ explicit consent for ongoing shipments of a product or ongoing deliveries of service.
As used in this section and ORS 646A.295: “Automatic renewal” means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term. “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font or color to the surrounding text of …
It is unlawful for a person that makes an automatic renewal or continuous service offer to a consumer in this state to do any of the following: Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before a subscription or purchasing agreement is fulfilled and in visual proximity, or in the cas…
As used in ORS 646A.300 to 646A.322: “Catalog” means a catalog published in any medium, including an electronic catalog. “Change in competitive circumstances” means an event, act or omission that has a material detrimental effect on a retailer’s ability to compete with another retailer that sells the same brand of farm implements. “Current model” means a …
The obligations of a supplier under ORS 646A.300 to 646A.322 apply to the supplier’s successor in interest or assignee. A successor in interest includes a purchaser of assets or shares, a surviving corporation or other entity resulting from a merger or liquidation, a receiver and a trustee of the original supplier.
If a retailer agreement is terminated, canceled or discontinued, unless the retailer elects to keep the farm implements, machinery and repair parts under a contractual right to do so, the supplier shall pay the retailer for the farm implements, machinery and repair parts or, if the retailer owes any sums to the supplier, credit the cost of the farm implement…
A supplier shall repurchase the inventory of a retailer, as if the supplier had terminated the retailer agreement, as follows: Upon the death of a retailer whose business is owned as a tenancy by the entirety, at the option of the spouse or the heir or heirs of the retailer. Upon the death of a stockholder of a corporation operating as a retailer, at the o…
If, upon the cancellation of a retailer agreement by the retailer or the supplier, the supplier fails to make payment as required by ORS 646A.304 or 646A.306, the supplier shall be liable in a civil action to be brought by the retailer or by the retailer’s spouse, heir or heirs for the payments required under ORS 646A.304 or 646A.306. A person who brings an…
A supplier may not: Coerce or compel any retailer to: Order any farm implements or parts. Accept delivery of farm implements with special features or accessories not included in the base list price of the farm implements as publicly advertised by the supplier. Enter into any agreement, whether written or oral, supplementary to an existing retailer agreem…
As used in this section: “Good cause” means a retailer’s: Failing to comply with a term in a retailer agreement that also appears in a retailer agreement that similarly situated retailers have with the same supplier, including a term that requires the retailer to meet marketing criteria; Transferring a controlling ownership interest in the retailer’s busi…
If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement assigns an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealership within an assigned area of responsibility that is within or contiguous to the area…
Unless otherwise agreed: On a warranty claim, a supplier shall provide reasonable compensation for the retailer’s costs, including but not limited to: Diagnostic services; Repair services; Repair parts; and Labor. For labor on warranty service, a supplier may not pay a retailer an hourly rate that is less than the rate that the retailer charges for non…
A supplier shall approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim. If a supplier does not approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim, the supplier shall pay the claim within 60 calendar days of receipt of the claim. A suppli…
Unless otherwise agreed: If a supplier requires a retailer to improve the safety of farm implements or machinery, the supplier shall reimburse the retailer for the costs of parts, labor and transportation that the retailer incurred to make the improvement. If a supplier requires a retailer to improve farm implements or machinery for reasons other than safe…
A party to a retailer agreement that is aggrieved by the conduct of another party to the agreement under ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320 may seek arbitration of the issues under ORS 36.600 to 36.740. Unless the parties agree to different arbitration rules, the arbitration must be conducted pursuant to the commercial arbitrati…
The manufacturer of a motor vehicle who repurchases the vehicle for any reason shall inform any vehicle dealer to whom the manufacturer subsequently delivers the vehicle for resale that the vehicle has been repurchased by the manufacturer. If the reason for the repurchase was failure or inability to conform the vehicle to express warranties under the provisi…
The court may award reasonable attorney fees to the prevailing party in an action against a person who has a duty to disclose information under ORS 646A.325. MAILINGS AND DELIVERIES (Mail Agents)
As used in ORS 646A.340 to 646A.348: “Mail agent” means any person, sole proprietorship, partnership, corporation or other entity who owns, manages, rents or operates one or more mailboxes, as defined in this section, for receipt of United States mail or materials received from or delivered by a private express carrier, for any person, sole proprietorship, …
A mail agent shall not contract with a tenant to receive United States mail or materials received from or delivered by a private express carrier on the tenant’s behalf if the mail agent knows or should know that the tenant has provided a false name, title or address to the mail agent. Prior to contracting with a tenant to receive United States mail or mater…
Except as provided in subsection (5) of this section, a mail agent shall maintain: A surety bond in the sum of $10,000 executed by the mail agent as obligor, together with a surety company authorized to do business in this state as surety; or An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in the amount of $10,000…
Upon proof by a preponderance of evidence that a mail agent has failed to satisfy any of the mail agent’s duties set forth in ORS 646A.342, the mail agent shall be liable for actual damages caused to any person who sent United States mail or materials received from or delivered by a private express carrier addressed to a fictitious person at any tenant’s mai…
The Attorney General may bring an action in the name of the state against any mail agent for violation of ORS 646A.342 or 646A.344. Upon proof by a preponderance of the evidence of a violation of ORS 646A.342 or 646A.344, a mail agent shall forfeit and pay a civil penalty of not more than $1,000 for an initial violation. For a second or subsequent violation,…
No person shall deliver, or cause to be delivered, any hazardous substance, as defined in ORS 453.005 (7), to any residential premises without the prior consent of any occupant of such premises.
Violation of ORS 646A.350 is a Class A misdemeanor. (Other Mailings or Deliveries)
If a person receives on a facsimile machine any unsolicited and unwanted advertising material for the sale of any realty, goods or services, the person may give the sender of such material written notice to discontinue further such transmissions. No person who has received such a discontinuance notice shall use a facsimile machine to transmit unsolicited adv…
As used in this section: “Exclusion request” means a written request to be excluded from a sweepstakes promotion mailing list or to be placed on a list of persons to whom sweepstakes promotions may not be mailed. “Sweepstakes promotion” has the meaning given that term in ORS 124.005. Any person who receives a sweepstakes promotion, or a combination of swe…
A person may not mail or cause to be sent a check, draft or other payment instrument that, when deposited or cashed, obligates the depositor or payee thereafter to make any payment. This section does not apply to an extension of credit or an offer to lend money. AUTOMATIC DIALING AND ANNOUNCING DEVICES
As used in ORS 646A.370 to 646A.374: “Automatic dialing and announcing device” means an automated device that selects and dials telephone numbers and that, working alone or in conjunction with a person or another device, disseminates a prerecorded or synthesized voice or text message to the telephone number that the device calls. “Call” means an attempt ma…
A caller may not use an automatic dialing and announcing device in order to call a subscriber by means of a telephone or telephone line unless: The device is designed and operated so as to disconnect within 10 seconds after the subscriber terminates the call; and The device provides, and the prerecorded or synthesized voice message that the device plays de…
As used in this section: “Cooperative corporation” means a cooperative corporation or unincorporated association that has a certificate of authority from the Public Utility Commission under ORS 759.025. “Radio common carrier” has the meaning given that term in ORS 759.005. “Telecommunications service” has the meaning given that term in ORS 759.005. “Tele…
Violation of ORS 646A.372 or 646A.374 is an unlawful trade practice that is subject to investigation under ORS 646.618 and is subject to enforcement under ORS 646.632. Notwithstanding the provisions of ORS 646.642, a civil penalty imposed for a violation of ORS 646A.372 or 646A.374 may not exceed $5,000. WARRANTY REGULATION AND ENFORCEMENT (Enforcement of …
As used in ORS 646A.400 to 646A.418: “Collateral charge” means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as: A sales, property or use tax; A license, registration or title fee; A finance charge; A prepayment penalty; A charge for undercoating, rust-proofing or factory or dealer installed options; and T…
The remedy under the provisions of ORS 646A.400 to 646A.418 is available to a consumer if: A new motor vehicle does not conform to applicable manufacturer’s express warranties; The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the manufacturer’s authorized dealer, for the purpose of repair or correction, during the tw…
If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the motor vehicle to an applicable manufacturer’s express warranty by repairing or correcting a defect or condition that substantially impairs the use, market value or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacture…
A manufacturer that takes an action with respect to a motor vehicle under ORS 646A.404 (1)(a) or (b) shall request the Department of Transportation to: Title the motor vehicle in the manufacturer’s name; and Inscribe on the certificate of title for the motor vehicle and in the department’s records concerning the motor vehicle the notation “Lemon Law Buybac…
It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties if, during the two-year period following the date of original delivery of the motor vehicle to a consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles…
If a manufacturer, for the purpose of settling disputes that arise under ORS 646A.400 to 646A.418, establishes or participates in an informal dispute settlement procedure that substantially complies with the provisions of 16 C.F.R. part 703, as in effect on June 23, 2009, and causes a consumer to be notified of the procedure, ORS 646A.404 does not apply to a…
A manufacturer which has established or participates in an informal dispute settlement procedure shall keep records of all cases submitted to the procedure under ORS 646A.408 and shall make the records available to the Department of Justice if the department requests them. The department may review all case records kept under this section to determine whethe…
If a consumer brings an action in court under ORS 646A.400 to 646A.418 against a manufacturer and the consumer is granted one of the remedies specified in ORS 646A.404 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exceed $50,000 over and above the amount due the consumer under ORS 646A.404 (1), if th…
Except as provided in ORS 646A.405, nothing in ORS 646A.400 to 646A.418 creates a cause of action by a consumer against a vehicle dealer. A manufacturer may not join a dealer as a party in a proceeding brought under ORS 646A.400 to 646A.418, nor may the manufacturer try to collect from a dealer damages assessed against the manufacturer in a proceeding broug…
An action brought under ORS 646A.400 to 646A.418 must be commenced within one year after whichever of the following periods ends earlier: The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles; The two-year period following the date of the original delivery of the motor vehicle to the consumer; or The period that ends…
Nothing in ORS 646A.400 to 646A.418 is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400 to 646A.418 shall not be available insofar as it would result in recovery in ex…
As used in ORS 646A.430 to 646A.450: “Consumer” means a person in this state who purchases a vehicle protection product or who possesses a vehicle protection product and is entitled to enforce a warranty for the product by reason of the person’s possession. “Reimbursement insurance policy” means an insurance policy issued to a warrantor that: Reimburses t…
ORS 646A.430 to 646A.450 apply to vehicle protection product warranties that: Accompany vehicle protection products delivered to consumers in this state; and Require the warrantor, to the extent set forth in the warranty, to pay to the consumer expenses related to the loss of or damage to the vehicle. A vehicle protection product warranty subject to ORS 6…
A person may not offer for sale or sell a vehicle protection product that includes a vehicle protection product warranty unless, at the time of the sale, the seller or a warrantor provides to the consumer: A copy of the vehicle protection product warranty for the vehicle protection product; or A receipt for, or other written evidence of, the consumer’s pur…
A person may not conduct business as a warrantor in this state or make a representation that the person is a warrantor in this state unless the person registers in writing with the Director of the Department of Consumer and Business Services in a form the director prescribes by rule. For purposes of this section, a person who offers for sale or sells a vehic…
A warrantor shall obtain a reimbursement insurance policy from a qualified reimbursement insurer that covers all liability to the consumer under all vehicle protection product warranties a warrantor issues. A qualified reimbursement insurer is: An insurer authorized to transact insurance in this state under a certificate of authority issued in accordance wi…
A reimbursement insurance policy for a warranty issued in accordance with ORS 646A.430 to 646A.450 shall have the following provisions: The reimbursement insurer that issues the policy will reimburse or pay on behalf of the warrantor any amounts the warrantor is legally obligated to pay or will provide any service that the warrantor is legally obligated to …
A warrantor may designate a person as an administrator for the warrantor’s vehicle protection product warranties under ORS 646A.430 to 646A.450.
A warrantor shall maintain accurate accounts, books and other records for transactions regulated under ORS 646A.430 to 646A.450 and shall make the records available to the Director of the Department of Consumer and Business Services for inspection during normal business hours. The warrantor’s records shall include: A copy of the warranty for each unique for…
A warrantor may not use in the warrantor’s name: “Casualty,” “surety,” “insurance,” “mutual” or any other word descriptive of the casualty, insurance or surety business; or A name deceptively similar to the name or description of any insurance company, surety corporation or other warrantor. A warrantor may use the word “guaranty” or a similar word in the …
A warrantor or a warrantor’s representative, in the warrantor’s vehicle protection product warranty or in an advertisement or literature for the warranty, may not: Make, permit or cause to be made any false or misleading statement; or Intentionally omit a material statement that would be considered misleading if omitted. A seller or warrantor may not requ…
The Director of the Department of Consumer and Business Services may adopt rules to implement and enforce ORS 646A.430 to 646A.450. The director may investigate warrantors or other persons as reasonably necessary to enforce ORS 646A.430 to 646A.450 and to protect consumers in this state.
The Attorney General may enforce violations of ORS 646A.430 to 646A.450 under ORS 646.608. (Warranties on Assistive Devices)
As used in ORS 646A.460 to 646A.476: “Assistive device” or “device” means: Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and controls for any motorized features; and Hearing…
A manufacturer who sells or leases an assistive device, including a demonstrator, to a consumer, either directly or through a dealer, shall furnish, at a minimum, an express warranty that the device shall be free from any nonconformity. The manufacturer shall set forth the warranty fully in readily understood language and shall clearly identify the party mak…
If a new assistive device or demonstrator does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the dealer who sold or leased the device or any authorized dealer and makes the assistive device available for repair before one year after first delivery of the device to the consumer, the nonconformity…
If a nonconformity develops in a new assistive device or demonstrator, the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer: In the case of a sale, refund to the consumer and to any holder of a perfected security interest as their interest may appear, the full purchase price plus any finance …
To receive the refund or replacement described in ORS 646A.466, the consumer shall offer to the manufacturer of the assistive device, the dealer who sold or leased the device or any authorized dealer to transfer possession of the device having the nonconformity. The manufacturer shall: Make the refund within 14 calendar days after the consumer offers to tra…
An assistive device returned by a consumer or dealer in this state, or by a consumer or dealer in another state under a similar law of that state, may not be sold or leased again in this state unless full disclosure of the reasons for return is made to the prospective buyer or lessee. If a sale or lease is made in violation of subsection (1) of this section…
A consumer shall have the option of submitting any dispute arising under ORS 646A.460 to 646A.476 to a dispute resolution procedure. A manufacturer shall submit to the dispute resolution procedure. The procedure shall provide at a minimum the right of each party to present its case, to be in attendance during any presentation made by the other party and to …
ORS 646A.460 to 646A.476 shall not be construed as limiting rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights provided by ORS 646A.460 to 646A.476 is void.
In addition to pursuing any other remedy, a consumer may bring a private cause of action to recover damages caused by a violation of any provision of ORS 646A.460 to 646A.476. The court shall award a consumer who prevails in such an action pecuniary loss and noneconomic damages, together with costs, disbursements, reasonable attorney fees and any equitable r…
As used in ORS 646A.480 to 646A.495: “Motor vehicle” means a self-propelled device, other than a motor home, that is used: To transport persons or property upon a public highway; and For personal, family or household purposes. “Motor vehicle” does not include a motor vehicle owned as part of a fleet and maintained under the terms of a maintenance contrac…
A vehicle repair shop shall prepare an estimate of the cost of work the vehicle repair shop proposes to perform on a motor vehicle before beginning the work. The vehicle repair shop not later than before receiving final payment shall give a copy of the estimate, either as a separate document or in the form of an invoice, to the owner or the owner’s designee.…
Except as provided in subsection (2) of this section, a vehicle repair shop may not take any of the following actions if an estimate prepared under ORS 646A.482 shows that taking the action will cost the owner or the owner’s designee more than $200: Evaluate the condition of a motor vehicle. Disassemble all or a portion of a motor vehicle or remove parts o…
A vehicle repair shop may not: Charge a person for work not performed on a motor vehicle even if the work is shown on an estimate for which the vehicle repair shop has obtained an authorization from the owner or the owner’s designee. Provide or install used parts or any component system composed of new and used parts if an estimate prepared under ORS 646A.…
An owner may designate a person as the owner’s designee: In writing, either on the estimate prepared under ORS 646A.482 or by means of a separate document. The owner shall sign a written designation made in accordance with this paragraph. If the designation is a separate document, the vehicle repair shop shall attach a copy of the document to the estimate. …
The Legislative Assembly finds that: The disability and death of infants resulting from injuries sustained in crib accidents are a serious threat to the public health, welfare and safety of the people of this state; Infants are an especially vulnerable class of people; The design and construction of a crib must ensure that the crib is a safe place to leav…
ORS 646A.500 to 646A.514 may be referred to as the Infant Crib Safety Act.
As used in ORS 646A.500 to 646A.514: “Commercial user” means any person, firm, corporation, association or nonprofit corporation, or any agent or employee of a person, firm, corporation, association or nonprofit corporation, including child care facilities or family child care homes certified or registered by the Department of Early Learning and Care under …
A commercial user may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce: A crib that is unsafe for an infant using the crib; or A crib bumper pad. A crib is presumed to be unsafe pursuant to ORS 646A.500 to 646A.514 if the crib does not conform to the following standards: 16 C.F.R. p…
A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) commits a Class A violation. An individual who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) co…
An antique or vintage crib that is clearly not intended for use by an infant is exempt from the provisions of ORS 646A.500 to 646A.514 if the antique or vintage crib is accompanied at the time of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce by a notice furnished by the commercial user that states …
Any person may maintain an action against a commercial user who violates ORS 646A.506 (1) to (3), to enjoin the remanufacture, retrofitting, sale, contract to sell or resell, lease or subletting of a crib that is unsafe for an infant, and for reasonable attorney fees and costs.
Remedies available under ORS 646A.508 and 646A.512 are in addition to any other remedies available under law to an aggrieved party. CHILDREN’S PRODUCTS
As used in ORS 646A.525 to 646A.535: “Children’s product” means a consumer product that is designed or intended: For the care of or use by a child under 12 years of age; or To come into contact with a child under 12 years of age at the time the product is used. “Children’s product” does not include: A medication, drug, food or other product that is inte…
A retailer may not sell or offer for sale, lease, sublet or otherwise distribute a children’s product to consumers in this state if the children’s product is: Subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission or a successor agency; The subject of a warning issued by the children’s product manuf…
The Attorney General shall assist retailers in obtaining information the retailers may need to subscribe to or arrange to receive recall notices issued by the United States Consumer Product Safety Commission for children’s products. The assistance shall include, but is not limited to, providing links from the Attorney General’s website to a website maintaine…
As used in ORS 646A.540 to 646A.544: “Covered entity” means: The manufacturer of a covered product that is sold or offered for sale in this state; and A wholesaler, supplier or retailer that has contractually undertaken responsibility to a manufacturer for labeling or packaging a covered product. “Covered product” means a consumer product that is sold or…
Within 90 days after receiving a request from a city, county or special district that provides wastewater service, a covered entity shall submit to the city, county or special district business information and documentation that is not confidential and that demonstrates compliance with ORS 646A.540. The information must be written and organized for ease of c…
A city, county or special district that provides wastewater service has exclusive and concurrent authority to enforce compliance with the requirements of ORS 646A.540. Selling, or displaying for sale, a product package that does not comply with the requirements of ORS 646A.540 is a violation for which the city, county or special district may bring an action …
ORS 646A.555 may be cited as the Oregon Young Entrepreneurs Act.
Except as provided in subsection (2) of this section and notwithstanding any other provision of law, the State of Oregon, a political subdivision of the state or an agency of the state or of a political subdivision of the state may not require an individual under 17 years of age who is a resident of this state to obtain a license or permit to engage in a bus…
CONTROL AND PROCESSING OF CONSUMER PERSONAL DATA
As used in ORS 646A.570 to 646A.589: “Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person such that: The person owns or has the power to vote more than 50 percent of the outstanding shares of any voting class of the other person’s securities; T…
ORS 646A.570 to 646A.589 apply to any person that conducts business in this state, or that provides products or services to residents of this state, and that during a calendar year, controls or processes: The personal data of 100,000 or more consumers, other than personal data controlled or processed solely for the purpose of completing a payment transactio…
Subject to ORS 646A.576, a consumer may: Obtain from a controller: Confirmation as to whether the controller is processing or has processed the consumer’s personal data and the categories of personal data the controller is processing or has processed; At the controller’s option, a list of specific third parties, other than natural persons, to which the co…
A consumer may exercise the rights described in ORS 646A.574 by submitting a request to a controller using the method that the controller specifies in the privacy notice described in ORS 646A.578. A controller may not require a consumer to create an account for the purpose described in subsection (1) of this section, but the controller may require the consu…
A controller shall: Specify in the privacy notice described in subsection (4) of this section the express purposes for which the controller is collecting and processing personal data; Limit the controller’s collection of personal data to only the personal data that is adequate, relevant and reasonably necessary to serve the purposes the controller specifie…
A processor shall adhere to a controller’s instructions and shall assist the controller in meeting the controller’s obligations under ORS 646A.570 to 646A.589. In assisting the controller, the processor must: Enable the controller to respond to requests from consumers under ORS 646A.576 by means that take into account how the processor processes personal da…
A controller that possesses deidentified data shall: Take reasonable measures to ensure that the deidentified data cannot be associated with an individual; Publicly commit to maintaining and using deidentified data without attempting to reidentify the deidentified data; and Enter into a contract with a recipient of the deidentified data and provide in the…
A controller shall conduct and document a data protection assessment for each of the controller’s processing activities that presents a heightened risk of harm to a consumer. Processing activities that present a heightened risk of harm to a consumer include: Processing personal data for the purpose of targeted advertising; Processing sensitive data; Sell…
The Attorney General may serve an investigative demand upon any person that possesses, controls or has custody of any information, document or other material that the Attorney General determines is relevant to an investigation of a violation of ORS 646A.570 to 646A.589 or that could lead to a discovery of relevant information. An investigative demand may req…
DATA BROKERS
As used in this section: “Brokered personal data” means any of the following computerized data elements about a resident individual, if categorized or organized for sale or licensing to another person: The resident individual’s name or the name of a member of the resident individual’s immediate family or household; The resident individual’s address or an …
ORS 646A.600 to 646A.628 shall be known as the Oregon Consumer Information Protection Act.
As used in ORS 646A.600 to 646A.628: “Breach of security” means an unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information that a person maintains or possesses. “Breach of security” does not include an inadvertent acquisition of personal information by a person or the pers…
If a covered entity is subject to a breach of security or receives notice of a breach of security from a vendor, the covered entity shall give notice of the breach of security to: The consumer to whom the personal information pertains. The Attorney General, either in writing or electronically, if the number of consumers to whom the covered entity must send…
A consumer may elect to place a security freeze on the consumer’s consumer report or, if the consumer is a representative, on a protected consumer’s consumer report or protective record by sending a written request to a consumer reporting agency at an address the agency designates to receive such requests, or a secure electronic request at a website the agen…
A consumer reporting agency shall place a security freeze on a consumer report not later than five business days after receiving from a consumer: The request described in ORS 646A.606 (1); and Proper identification. If a consumer report does not exist for a protected consumer on behalf of whom a representative seeks to place a security freeze, a consumer …
A consumer reporting agency may not charge a consumer a fee or collect from a consumer any money or item of value for: Placing, temporarily lifting or removing a security freeze on the consumer’s consumer report. Creating or deleting a protective record. Placing or removing a security freeze on a protective record for a protected consumer. Replacing a lo…
A consumer reporting agency shall temporarily lift or remove a security freeze placed on a consumer report only if a consumer requests that the consumer reporting agency lift or remove the security freeze for the consumer report in accordance with ORS 646A.608. A consumer reporting agency shall remove a security freeze from a protected consumer’s consumer r…
The provisions of ORS 646A.606 to 646A.610 do not apply to the use of a consumer report or a protective record by or for any of the following: A person, or the person’s subsidiary, affiliate, agent or assignee with which the consumer or protected consumer has or, prior to assignment, had an account, contract or debtor-creditor relationship for the purposes …
If a third party requests access to a consumer report on which a security freeze is in effect, the request is in connection with an application for credit or any other use, the consumer does not allow the consumer’s consumer report to be accessed for that period of time, and the third party cannot obtain the consumer report through ORS 646A.614, the third pa…
If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer’s report: name, date of birth, Social Security number and address. Written confirmat…
Except as otherwise specifically provided by law, a person may not: Print a consumer’s Social Security number on mail to the consumer that is: Material the consumer did not request; or Part of any documentation the consumer requested for a transaction or service, unless the Social Security number is redacted. Print a consumer’s Social Security number on …
A covered entity and a vendor shall develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of personal information, including safeguards that protect the personal information when the covered entity or vendor disposes of the personal information. A covered entity or vendor complies with subsection (1) of…
The Director of the Department of Consumer and Business Services may: Make such public or private investigations within or outside this state as the director deems necessary to determine whether a person has violated any provision of ORS 646A.600 to 646A.628, or to aid in the enforcement of ORS 646A.600 to 646A.628. Require or permit a person to file a sta…
In accordance with ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules for the purpose of carrying out the provisions of ORS 646A.600 to 646A.628.
Notwithstanding ORS 705.145 (2), (3) and (5), the Director of the Department of Consumer and Business Services can allocate as deemed appropriate the moneys derived pursuant to ORS 86A.095 to 86A.198, 86A.990, 86A.992, 650.005 to 650.100, 697.005 to 697.095, 697.602 to 697.842, 705.350 and 717.200 to 717.320 and 731.804 and ORS chapters 59, 645, 706 to 716, …
As used in ORS 646A.640 to 646A.673: “Applicant” means a person that applies for a license to engage in business as a debt buyer in this state. “Controller” means: A director, officer or general partner of a business entity; A managing member of a limited liability company; A person that has a direct or indirect right to vote 10 percent or more of the s…
Except as provided in subsection (2) of this section, a person may not engage in debt buying in this state unless the person obtains or renews a license under ORS 646A.646. A person need not obtain or renew a license under subsection (1) of this section if the person is: A financial institution, as defined in ORS 706.008; A mortgage banker or a mortgage b…
A person that is subject to the requirement to obtain or renew a license under ORS 646A.643 (1) shall submit an application to the Director of the Department of Consumer and Business Services in the manner the director specifies by rule. The director by rule shall specify the format and contents of the application form. At a minimum, the rules must require a…
A licensee shall designate and maintain a principal place of business at or from which the licensee engages in debt buying in this state and a registered agent in this state. If a licensee does not maintain a principal place of business in this state, the licensee shall nevertheless designate a registered agent in this state. The registered agent must be av…
A licensee shall notify the Director of the Department of Consumer and Business Services in writing at least 30 days before the licensee relocates or closes the licensee’s principal place of business in this state. In a notice under paragraph (a) of this subsection the licensee shall list the new address to which the licensee relocates the licensee’s princi…
A licensee or a person that engages in debt buying shall comply with standards that the Director of the Department of Consumer and Business Services adopts by rule. The standards, at a minimum, must require the licensee or the person to: Establish appropriate training programs that instruct employees or agents of the licensee or the person in fair debt coll…
A licensee or a person that engages in debt buying may not: Perform any act, undertake any practice or employ any device, scheme or artifice in the course of the licensee’s or the person’s business that the Director of the Department of Consumer and Business Services defines by rule as dishonest, unethical or illegal or that would operate as a deceit or fra…
The Director of the Department of Consumer and Business Services has general supervisory authority and control over: Any person that engages in debt buying in this state; and Any person that had a license that the director withdrew, canceled, suspended, conditioned or revoked, if the person continues to engage in debt buying in this state. The authority d…
If after conducting an investigation, initiating or conducting a proceeding or taking an enforcement action under ORS 646A.661 the Director of the Department of Consumer and Business Services determines that a licensee or a person that engages in debt buying in this state has violated ORS 646.639 or ORS 646A.640 to 646A.673 and 646A.670, a rule the director …
Except as provided in subsection (2) of this section, the provisions of ORS 646A.640 to 646A.673 and 646A.670 preempt all charter and statutory authority of local governments in this state to require a debt buyer or a person that engages in debt buying to obtain a license, registration or other authority to engage in debt buying or to charge a fee for a lice…
A debt buyer that brings legal action to collect or brings legal action to attempt to collect purchased debt, or a debt collector that brings legal action on the debt buyer’s behalf, shall include in an initial pleading that begins the legal action: The original creditor’s name, written as the original creditor used the name in dealings with the debtor; Th…
The Director of the Department of Consumer and Business Services may adopt rules to implement the provisions of ORS 646.639 (4), 646A.640 to 646A.673 and 646A.670. (Medical Debt)
As used in this section: “Consumer report” has the meaning given that term in 15 U.S.C. 1681a, as in effect on January 1, 2026. “Consumer reporting agency” has the meaning given that term in 15 U.S.C. 1681a, as in effect on January 1, 2026. “Debt collector” has the meaning given that term in ORS 646.639. “Financial assistance” means the written financial…
The legislative intent of ORS 646A.683 is to improve public health and safety by taking steps to address the spiraling health care costs for residents of this state.
As used in this section: “Drug” has the meaning given that term in ORS 689.005. “Manufacture” means: The production, preparation, propagation, compounding, conversion or processing of a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and …
The Prescription Drug Affordability Board established in ORS 646A.693 shall develop a plan for establishing upper payment limits on drugs sold in this state that are subject to affordability reviews under ORS 646A.694. The plan shall include: A methodology for establishing upper payment limits; An analysis of the resources needed by the board to implement …
ORS 646A.689 and 646A.692 shall be known and may be cited as the Prescription Drug Price Transparency Act.
As used in ORS 646A.680 to 646A.697: “Drug” has the meaning given that term in ORS 689.005. “Health care facility” has the meaning given that term in ORS 442.015. “Health care service contractor” has the meaning given that term in ORS 750.005. “Manufacture” means: The production, preparation, propagation, compounding, conversion or processing of a drug,…
A manufacturer that fails to report or provide information as required by ORS 646A.689 may be subject to a civil penalty as provided in this section. The Department of Consumer and Business Services shall adopt a schedule of penalties, not to exceed $10,000 per day of violation, based on the severity of each violation. The department shall impose civil pen…
The Prescription Drug Affordability Board is established in the Department of Consumer and Business Services to protect residents of this state, state and local governments, commercial health plans, health care providers, pharmacies licensed in this state and other stakeholders within the health care system in this state from the high costs of prescription d…
The Department of Consumer and Business Services shall provide to the Prescription Drug Affordability Board each calendar year a list of prescription drugs included in reports submitted to the department under ORS 646A.689 (2) and (6), a list of drugs included in reports submitted to the department under ORS 646A.683 and 743.025 and a list of insulin drugs m…
The Department of Consumer and Business Services shall adopt by rule, in consultation with the Prescription Drug Affordability Board, annual fees to be paid by manufacturers of prescription drugs that are sold in this state. The fees shall be established in amounts necessary to meet the costs of the department in administering ORS 646A.680 to 646A.697. Fees…
No later than December 31 of each year, the Prescription Drug Affordability Board shall report to the Health Care Cost Growth Target program established in ORS 442.386 and to the interim committees of the Legislative Assembly related to health, in the manner provided in ORS 192.245, the following information: Price trends for the list of prescription drugs …
As used in this section, “generic drug” means: A retail drug that is marketed or distributed in accordance with an abbreviated new drug application approved under 21 U.S.C. 355(j); An authorized generic as defined by 42 C.F.R. 447.502; or A drug that entered the market before 1962 that was not originally marketed under a new drug application. The status …
ORS 646A.702 to 646A.720 and 646A.725 to 646A.750 may be cited as the Mortgage Rescue Fraud Protection Act.
As used in ORS 646A.702 to 646A.720: “Default” means having one or more homeowner obligations in arrears to an extent that a notice of default could properly be recorded against the residence. “Family” means a spouse, domestic partner, parent, stepparent, grandparent, child, stepchild, grandchild, sibling, aunt, uncle, cousin or in-law. “Foreclosure consu…
The following are not foreclosure consultants for purposes of ORS 646A.702 to 646A.720: An individual licensed to practice law in this state, if performing services within an attorney-client relationship. A person that holds or is owed an obligation that is secured by a lien on a residence in foreclosure or default, if performing services in connection wit…
A written foreclosure consulting contract is required for any services that a foreclosure consultant provides to a homeowner. A foreclosure consultant shall provide a homeowner with a copy of the foreclosure consulting contract at least 24 hours before the homeowner signs the contract. The foreclosure consulting contract must: Be written in a language that …
In addition to any other cancellation or rescission right, a homeowner may cancel a foreclosure consulting contract as provided under this section at any time. Cancellation under this section occurs when the homeowner gives written notice of cancellation to the foreclosure consultant: At a physical address specified in the foreclosure consulting contract; …
A foreclosure consultant may not: Claim, demand, charge, collect or receive any compensation from a homeowner unless the foreclosure consultant has performed in good faith under the contract: Each service the foreclosure consultant contracted to perform for the homeowner; or Each service to be compensated, prior to the homeowner canceling or breaching the…
As used in ORS 646A.725 to 646A.750: “Bona fide purchaser” means a person that purchases a residential real property from an equity purchaser: For valuable consideration; In good faith; Without knowledge of any continuing right to, or equity in, the property by the equity seller; and Without knowledge of any violation of ORS 646A.725 to 646A.750 by the …
The following are not equity purchasers for purposes of ORS 646A.725 to 646A.750: A party to a deed in lieu of foreclosure. A creditors’ committee, trustee or debtor in possession participating in a proceeding under the jurisdiction of the United States Bankruptcy Court. Any person whose employment with regard to a residential real property matter under t…
A written contract is required for every equity conveyance. An equity purchaser shall provide an equity seller with a copy of the equity conveyance contract at least 24 hours before the equity seller signs the contract. The equity conveyance contract must: Be written in a language that is spoken by the equity seller and that was used in discussions between …
In addition to any other cancellation or rescission right, an equity seller may cancel an equity conveyance contract as provided under this section before the earlier of: Midnight of the third business day after the equity seller signs a document purporting to transfer an interest in the residence in foreclosure; or A foreclosure sale of the residence in f…
An equity purchaser shall: Prior to an equity seller signing an equity conveyance contract: Verify and be able to demonstrate that the equity seller has or will have a reasonable ability to pay for the subsequent reconveyance of the residential real property interest back to the equity seller as provided under the equity conveyance contract; or If the equ…
For purposes of determining whether an equity purchaser has violated ORS 646A.745 (1)(a), there is a rebuttable presumption that: An equity seller has or will have a reasonable ability to pay for a subsequent reconveyance of a residential real property if, on the date the equity seller signs the equity conveyance contract, the monthly payments projected for…
ORS 646A.725 to 646A.750 do not preclude an equity seller from: Seeking to have a transfer of interest under an equity conveyance declared to be an equitable mortgage; or Asserting any claim against an equity purchaser for an equitable mortgage.
As used in this section, “equity seller” has the meaning given that term in ORS 646A.725. In addition to any action by the Attorney General under ORS 646.607 or any other cause of action, an equity seller may bring an action for damages incurred by the equity seller resulting from a violation of ORS 646A.725 to 646A.750. If a court finds that a defendant i…
Violation of a provision of ORS 646A.702 to 646A.720 or 646A.725 to 646A.750 is a Class A misdemeanor. GUARANTEED ASSET PROTECTION WAIVERS
As used in ORS 646A.770 to 646A.787: “Borrower” means an individual who enters into a finance agreement that is secured by a motor vehicle or who, in connection with purchasing or leasing a motor vehicle, incurs an obligation to pay money to a creditor under terms and conditions that are specified in a finance agreement. “Creditor” means: A person that: …
A guaranteed asset protection waiver is not insurance and is not subject to the provisions of the Insurance Code. A person, other than an insurer, that sells a guaranteed asset protection waiver in compliance with ORS 646A.770 to 646A.787 does not become subject to the Insurance Code by reason of the sale. Notwithstanding any other provision of law, any cos…
A person may not sell a guaranteed asset protection waiver in connection with a sale of a motor vehicle that is used for personal, family or household purposes unless, at the time of the sale: The person discloses, in writing and in plain and easily understandable language: The name, address and other contact information for: The person that sells the gua…
A guaranteed asset protection waiver must determine the amount that a creditor waives under the terms of the guaranteed asset protection waiver in accordance with the following methods: If primary motor vehicle insurance or third party liability insurance covers the amount of a total loss of the motor vehicle, the creditor shall waive the difference between…
A guaranteed asset protection waiver may provide that a borrower may cancel the guaranteed asset protection waiver after the evaluation period expires or that the guaranteed asset protection waiver expires if the finance agreement terminates early. If the guaranteed asset protection waiver permits a borrower to cancel as provided in this subsection and the b…
A creditor other than a person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle may insure a guaranteed asset protection waiver with a reimbursement insurance policy. A person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle shall insure the guaranteed asse…
A person that is subject to ORS 646A.770 to 646A.787 shall act in a fiduciary capacity with respect to funds the person receives or holds for the benefit of another person. A person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle may not: Charge more for the guaranteed asset protection waiver than five pe…
A violation of a provision of ORS 646A.770 to 646A.787 is an unlawful practice under ORS 646.608. MISCELLANEOUS
As used in this section: “Cable service” means: One-way transmission to subscribers of a video programming service; Two-way interactive service delivered over a cable system; or Any communication with subscribers necessary for the selection and use of video programming or interactive services. “Cable system” means a facility consisting of closed transmi…
As used in this section: “Hospice program” has the meaning given that term in ORS 443.850. “Personal representative” has the meaning given that term in ORS 111.005. “Residential cable service” means the transmission of any communication to a residential customer of the service for the purpose of delivering video content to the customer. “Residential tele…
As used in this section: “Contest” means a procedure for awarding a prize in which the outcome depends at least in part on the skill of the contestant. “Contest” includes any competition in which a person is required to purchase anything, pay anything of value or make a donation in order to participate. “Contest” also includes a competition that is advertis…
A person shall comply with subsection (2) of this section if the person: Operates a website that disseminates photographic records of arrested individuals made by law enforcement agencies pursuant to ORS 181A.160 or otherwise as part of routinely documenting an arrest; and Charges a fee for the removal from the website of a photograph referred to in paragr…
As used in this section, “personal information” has the meaning given that term in ORS 646A.602. A person may not use a website, electronic mail message, text message or other electronic means to solicit, request or otherwise induce another person to provide personal information by representing to the other person directly, indirectly or by implication that…
As used in this section: “Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person. “Complaint” means a document or a copy of a document that a person or the person’s affiliate: Files with a court, an arbitration panel or another body with power to …
As used in this section: “Connected device” means a device or other physical object that: Connects, directly or indirectly, to the Internet and is used primarily for personal, family or household purposes; and Is assigned an Internet Protocol address or another address or number that identifies the connected device for the purpose of making a short-range …
As used in this section: “Beneficiary” has the meaning given that term in ORS 408.010. “Compensation” means money, a financial benefit or an item of value. “Unreasonable fee” means a fee that a court determines to be unreasonable compensation for a service or function described in subsection (2)(a)(A) of this section after considering: The extent and typ…
As used in ORS 646A.820 to 646A.838: “Customer” means a person that purchases or leases portable electronics. “Enrolled customer” means a customer that purchases portable electronics insurance coverage from a vendor policyholder. “Insurer” means an insurer as defined in ORS 731.106 that issues, sells or offers for sale policies of portable electronics ins…
A vendor may not issue, sell or offer for sale portable electronics insurance coverage unless the vendor has been issued a limited license by the Department of Consumer and Business Services under this section. An application for a limited license under this section must be submitted on a form in accordance with paragraph (b) of this subsection and accompan…
A vendor policyholder may bill and collect the cost of portable electronics insurance coverage purchased by an enrolled customer. Any charge to the enrolled customer for coverage that is not included in the cost to the enrolled customer to purchase or lease portable electronics must be separately itemized in writing. If the coverage is included with the purc…
A vendor policyholder shall make available to prospective customers of portable electronics written materials that disclose: That portable electronics insurance coverage may duplicate coverage already held by the customer, including but not limited to homeowner’s insurance or renter’s insurance; That issuance of portable electronics insurance coverage is n…
An employee, agent or authorized representative of a vendor policyholder may issue, sell or offer for sale portable electronics insurance coverage to a customer without obtaining a limited license under ORS 646A.823 if: The vendor policyholder has been issued a limited license under ORS 646A.823; and The insurer or the supervising entity that issued a poli…
Except as provided in subsections (2) and (3) of this section, an insurer or a supervising entity that issued a policy of portable electronics insurance to a vendor policyholder may not modify or terminate the terms and conditions of the policy unless the insurer or the supervising entity: Provides the vendor policyholder and enrolled customers with notice …
The Department of Consumer and Business Services shall adopt rules to carry out the provisions of ORS 646A.820 to 646A.838.
In addition to all other penalties and enforcement provisions provided by law, if a person violates a provision of ORS 646A.820 to 646A.838 or a rule adopted by the Department of Consumer and Business Services under ORS 646A.838, the department may: Suspend or revoke the person’s limited license issued under ORS 646A.823; Modify the terms of the person’s l…
As used in this section and ORS 646A.853: “Authorized service provider” means: A person that has an arrangement with an original equipment manufacturer under which: The original equipment manufacturer grants a license to the person for the use of, or otherwise permits the person to use, the original equipment manufacturer’s trade name, service mark or oth…
As used in this section: “Certification entity” means a person that engages in evaluating and certifying the technical capabilities and competence of independent repair providers in accordance with standards that the person adopts or that an original equipment manufacturer specifies. “Repair certification” means evidence that an independent repair provider…
As used in this section, “cell phone” means a handheld product that includes a battery, microphone, speaker and display and that is designed to send and receive transmissions through a cellular radiotelephone service. Except as provided in subsection (3) of this section, ORS 646A.850 applies to consumer equipment that is sold in this state or is in use in t…
If the Attorney General determines in response to a complaint from a consumer that a person has or controls any information, documents, physical evidence or other material that is relevant to an investigation of a violation of ORS 646A.850, or that could lead to a discovery of relevant information in an investigation of a violation of ORS 646A.850, the Attor…