Oregon Law
Law as of Jan 1, 2024
Chapter contents
646A.005Definitions 646A.009Prohibition on sales of cosmetics developed or manufactured using animal testing; exceptions; preemption of local laws 646A.010[Formerly 646.185; repealed by 2009 c.170 §4] 646A.012[Formerly 646.187; repealed by 2009 c.170 §4] 646A.013Exceptions to prohibition on sales of cosmetics developed using animal testing 646A.014[Formerly 646.189; repealed by 2009 c.170 §4] 646A.016[Formerly 646.191; repealed by 2009 c.170 §4] 646A.017Donation and distribution of prohibited cosmetics 646A.018[Formerly 646.193; repealed by 2009 c.170 §4] 646A.020[Formerly 646.195; repealed by 2009 c.170 §4] 646A.021Investigative demand by Attorney General; confidentiality of trade secret information 646A.025Action by Attorney General to impose civil penalty or obtain injunction 646A.028Amount of civil penalty 646A.030Definitions for ORS 646A.030 to 646A.042 646A.032Price list for health spa services 646A.034Contracts; contents 646A.036Contracts and rules; delivery to buyer 646A.038Moneys paid prior to facility opening; disposition; priority of claim; refund 646A.040Waiver of provisions of ORS 646A.030 to 646A.042 646A.042Remedies and obligations supplementary to existing remedies 646A.050Definitions 646A.052Form of purchase agreement 646A.054Rules 646A.060Purchase of used goods; records; application to pawnbrokers 646A.062Penalty for violation of ORS 646A.060 646A.064Definitions for ORS 646A.064 to 646A.067 646A.065Records required for transactions involving items of precious metal; maintenance required of precious metal secondhand dealer; retention of items of precious metal 646A.066Applicability to local ordinances 646A.067Preemption of local requirements applicable to pawnbrokers 646A.068Penalty for violating ORS 646A.065 646A.070Sale of telephonic equipment; disclosure requirements; enforcement; penalty 646A.072Exceptions to disclosure requirements 646A.075Prohibition on retail pet store sales of dogs and cats; exceptions; information required in connection with permitted sale of dog; penalties 646A.077Qualification for full refund; replacement dog; reimbursement for cost of veterinary care; exceptions 646A.080Sale of novelty item containing mercury; penalty 646A.081Prohibition on sale or installation of mercury vapor outdoor lighting fixtures 646A.082Floral retail sales; disclosure of principal place of business; enforcement; penalty 646A.085Sale of rights by distributor to exhibit motion picture without first giving exhibitor opportunity to view motion picture prohibited; attorney fees 646A.090Offer to sell or lease motor vehicle under retail installment contract or lease agreement; return of items if lender does not approve loan; charges for use of vehicle; exceptions 646A.092Advertisements for sale or lease of motor vehicle; exceptions 646A.093Disclosures for handling and shipping consumer goods required in advertisements, offers and sales; penalty 646A.095Disclosure required when purchaser of product offered technical support through information delivery system 646A.097Payment of sales commissions following termination of contract between sales representative and principal; definitions; civil action 646A.100Definitions for ORS 646A.100 to 646A.110 646A.102Notice of intent to conduct going out of business sale; display and filing; exceptions; prohibited activities 646A.104Information required in notice of intent 646A.106Circumstances in which going out of business sale prohibited 646A.108Prohibited conduct 646A.110Applicability of ORS 646A.100 to 646A.110 and 646A.112 646A.112Injunction of sham sale; evidence; attorney fees; defense; definitions 646A.115Software prohibited that interferes with sale of admission tickets to entertainment events; unlawful practice 646A.120Definitions for ORS 646A.120 to 646A.134 646A.122Applicability of ORS 646A.120 to 646A.134 646A.124General disclosure requirements 646A.126Specific disclosure requirements 646A.128Provisions prohibited in lease-purchase agreements 646A.130Reinstatement of lease-purchase agreement by consumer; receipt for each payment 646A.132Renegotiation or extension of lease-purchase agreement 646A.134Disclosures required in advertisement for lease-purchase agreements 646A.140Definitions for ORS 646A.140 and 646A.142 646A.142Rental vehicle collision damage waiver notice 646A.150Applicability of ORS 646A.150 to 646A.172 646A.152Definitions for ORS 646A.150 to 646A.172 646A.154Service contract defined; registration; proof of financial stability; bond; action; rules; applicability of Insurance Code 646A.156Required contents of service contracts 646A.158Prohibited conduct 646A.160Service contract obligor as agent of insurer; indemnification or subrogation rights of insurer 646A.162Investigation of violations; inspection of records; subpoenas; discontinue or desist order; civil penalties 646A.164Complaints and investigations confidential; exceptions 646A.166Refusal to continue or suspension or revocation of registration 646A.168Assessment fee; rules; purpose; registration fee 646A.170Remedies not exclusive 646A.172Rules; exemption of certain obligors 646A.200Definitions for ORS 646A.202 and 646A.204 646A.202Payment processing systems 646A.204Customer information 646A.206Rules 646A.210Requiring credit card number as condition for accepting check or share draft prohibited; exceptions 646A.212“Credit card” defined 646A.214Verification of identity in credit or debit card transactions 646A.220Credit card solicitation; required disclosure; definitions 646A.222Charge card solicitation; required disclosure; definitions 646A.230Action by Attorney General or district attorney; civil and criminal penalties 646A.232Effect of compliance with federal law 646A.240Treatment of child support obligations by creditor in applications for extensions of credit 646A.242“Creditor” defined 646A.244Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses 646A.250[Formerly 646.380; repealed by 2009 c.604 §27] 646A.252[Formerly 646.382; repealed by 2009 c.604 §27] 646A.254[Formerly 646.384; repealed by 2009 c.604 §27] 646A.256[Formerly 646.386; repealed by 2009 c.604 §27] 646A.258[Formerly 646.388; repealed by 2009 c.604 §27] 646A.260[Formerly 646.390; repealed by 2009 c.604 §27] 646A.262[Formerly 646.392; repealed by 2009 c.604 §27] 646A.264[Formerly 646.394; repealed by 2009 c.604 §27] 646A.266[Formerly 646.396; repealed by 2009 c.604 §27] 646A.268[Formerly 646.397; repealed by 2009 c.604 §27] 646A.270[Formerly 646.398; repealed by 2009 c.604 §27] 646A.274Definitions for ORS 646A.276 and 646A.278 646A.276Sale of gift card that expires, declines in value, includes fee or does not give option to redeem 646A.278Requirements for sale of gift card that expires 646A.280Definitions for ORS 646A.280 to 646A.290 646A.282Simulated invoices prohibited 646A.284Cause of action by Attorney General; judgment; attorney fees 646A.286Cause of action by private party; judgment; attorney fees 646A.288Presumptions in cause of action brought under ORS 646A.284 or 646A.286 646A.290Construction; other remedies 646A.292Legislative intent 646A.293Definitions for ORS 646A.293 and 646A.295 646A.295Prohibited actions; requirements; timing; failure to obtain consent; exceptions 646A.300Definitions for ORS 646A.300 to 646A.322 646A.302Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier 646A.304Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement 646A.306Repurchase of inventory by supplier; effect of new retailer agreement 646A.308Civil action for supplier’s failure to pay; venue 646A.310Prohibited conduct by supplier 646A.312Termination, cancellation or nonrenewal of retailer agreement; notice; good cause 646A.314New or relocated dealership; notice; area of responsibility 646A.316Warranty claims; payment; time for completion 646A.318Warranty claims; processing 646A.320Retailer’s improvements to products 646A.322Remedies; arbitration; cause of action; attorney fees; injunctive relief 646A.325Repurchase of motor vehicle by manufacturer; notice to dealer; contents of notice; notice to prospective buyer 646A.327Attorney fees for action under ORS 646A.325 646A.340Definitions for ORS 646A.340 to 646A.348 646A.342Prohibited conduct; required verifications and notice 646A.344Bond or letter of credit; action; exceptions 646A.346Damages 646A.348Action by Attorney General; civil penalty; injunction; damages; attorney fees and costs 646A.350Delivery of unrequested hazardous substances prohibited 646A.352Penalty 646A.360Unsolicited facsimile machine transmissions 646A.362Exclusion of name from sweepstakes promotion mailing list; written request; rules 646A.365Check, draft or payment instrument creating obligation for payment 646A.370Definitions for ORS 646A.370 to 646A.374 646A.372Limits on usage of automatic dialing and announcing device 646A.374Prohibited actions; liability of persons that provide substantial assistance or support for violation; exceptions 646A.376Enforcement; civil penalty 646A.400Definitions for ORS 646A.400 to 646A.418 646A.402Availability of remedy 646A.404Consumer’s remedies; manufacturer’s affirmative defenses 646A.405Manufacturer action under ORS 646A.404; request to Department of Transportation; notice to buyer; unlawful practice; rules 646A.406Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer 646A.408Use of informal dispute settlement procedure as condition for remedy; binding effect on manufacturer 646A.410Informal dispute settlement procedure; recordkeeping; review by Department of Justice 646A.412Action in court; damages if manufacturer does not act in good faith; attorney fees; expert witness fees; costs 646A.414Limitations on actions against dealers 646A.416Limitation on commencement of action 646A.418Remedies supplementary to existing statutory or common law remedies; election of remedies 646A.430Definitions for ORS 646A.430 to 646A.450 646A.432Applicability of ORS 646A.430 to 646A.450; applicability of other law 646A.434Sale of vehicle protection product; conditions and requirements 646A.436Warrantor registration; requirements; expiration; fees; rules 646A.438Reimbursement insurance; requirements; insurer qualifications 646A.440Required provisions of reimbursement insurance policy; cancellation; notice 646A.442Vehicle protection product warranty administrator 646A.444Recordkeeping requirements for warrantor; record retention 646A.446Prohibited conduct for warrantor 646A.448Prohibited activities 646A.450Rules; investigative powers of department 646A.452Enforcement by Attorney General 646A.460Definitions for ORS 646A.460 to 646A.476 646A.462Express warranty; duration 646A.464Repair of assistive device 646A.466Replacement or refund after attempt to repair 646A.468Procedures for replacement or refund 646A.470Sale or lease of returned assistive device 646A.472Dispute resolution 646A.474Applicability of other laws; waiver 646A.476Civil action for damages; attorney fees; limitation on actions 646A.480Definitions for ORS 646A.480 to 646A.495 646A.482Estimate required before beginning work; contents; evaluation 646A.486Prohibited actions if estimate exceeds $200; revision of estimate; methods to obtain owner authorization 646A.490Additional prohibited actions; reassembly required; copies 646A.495Owner designee; waiver of authorization requirement 646A.500Legislative findings; declaration of purpose 646A.502Short title 646A.504Definitions for ORS 646A.500 to 646A.514 646A.506Prohibited conduct 646A.508Penalties 646A.510Exemptions 646A.512Private right of action; attorney fees 646A.514Scope of remedies 646A.525Definitions for ORS 646A.525 to 646A.535 646A.530Prohibited sales of certain children’s products; recall notices and warnings; disposal of recalled children’s products; compliance with warning instructions 646A.535Assistance of Attorney General in obtaining recall notices 646A.540Definitions; labeling and packaging requirements; preemption 646A.542Requirement to document compliance 646A.544Local government enforcement; notice required; penalties 646A.550Short title 646A.555License to engage in business activity not required for individual under 17 years of age 646A.560Legislative findings 646A.562Definitions for ORS 646A.560 to 646A.566 646A.564Standards for mercury content in electric lamps; exceptions 646A.566Considerations for state agency procurement of lighting devices that contain mercury 646A.570Definitions 646A.572Scope and application; exclusions 646A.574Consumer requests for personal data; requirement to correct inaccuracies; requirement to delete personal data; conditions under which consumer may opt out of personal data processing; format for providing copy of personal data to consumer 646A.575[2011 c.393 §1; renumbered 646A.820 in 2023] 646A.576Method for requesting personal data; persons who may request personal data on consumer’s behalf; designation by consumer; duties of controller; process for appealing controller’s refusal of consumer request 646A.577[2011 c.393 §2; renumbered 646A.823 in 2023] 646A.578Duties of controller; prohibitions; privacy notice to consumer 646A.580[2011 c.393 §3; renumbered 646A.826 in 2023] 646A.581Duties of processor of personal data; contract between controller and processor; liabilities of controller and processor 646A.582[2011 c.393 §4; renumbered 646A.829 in 2023] 646A.583Controller’s use of deidentified data; exclusions 646A.585[2011 c.393 §5; renumbered 646A.832 in 2023] 646A.586Data protection assessment for processing activities with heightened risk of harm; criteria for conducting data protection assessment; provision to Attorney General; retention of records; confidentiality 646A.588[2011 c.393 §6; 2013 c.97 §1; 2014 c.27 §1; 2017 c.450 §1; renumbered 646A.835 in 2023] 646A.589Investigative demand by Attorney General; representation by counsel; confidentiality of proceedings and materials; action to impose civil penalty or obtain injunction; amount of civil penalty; notice of violation; time limit on action; Attorney General’s exclusive authority 646A.590[2011 c.393 §7; renumbered 646A.838 in 2023] 646A.592[2011 c.393 §8; renumbered 646A.841 in 2023] 646A.593Definitions; requirement to register with Department of Consumer and Business Services to operate as data broker; method of registration; penalty; rules 646A.600Short title 646A.602Definitions for ORS 646A.600 to 646A.628 646A.604Notice of breach of security; delay; methods of notification; contents of notice; application of notice requirement 646A.606Security freeze; requirements; proof of authority; effect 646A.608Deadline for placing security freeze; protective record creation; use and release of information; confirmation; personal identification number; exception; lifting and removal 646A.610Fees not permitted 646A.612Conditions for lifting or removing security freeze 646A.614Effect of security freeze on use of consumer reports or protective records 646A.616Effect of request for consumer report subject to security freeze 646A.618Prohibition on changes to consumer report subject to security freeze; entities subject to requirement to place security freeze 646A.620Prohibition on printing, displaying or posting Social Security numbers; exemptions 646A.622Requirement to develop safeguards for personal information; conduct deemed to comply with requirement; defenses 646A.624Powers of director; penalties 646A.626Rules 646A.628Allocation of moneys 646A.640Definitions 646A.643License requirement to engage in debt buying; exemptions 646A.646License application; requirements; application through Nationwide Multistate Licensing System; fee; insurance; license renewal; director’s investigation; license term; suspension or revocation; rules 646A.649Licensee’s principal place of business and registered agent; assumed business name; display of license; rules 646A.652Required notices 646A.655Compliance with director’s standards; rules 646A.658Prohibited practices 646A.661Director’s supervisory authority; examinations and investigations; referral to Attorney General; costs of examination or investigation; consultation and cooperation with trade association and members of public 646A.664Enforcement actions; penalties 646A.667Preemption 646A.670Legal action to collect debt; requirements for pleadings; judgments; attorney fees 646A.673Rules 646A.677Requirement to screen for financial assistance before transferring medical debt for collection; permitted interest rate; unlawful collection practices 646A.680Legislative intent 646A.683Requirement to report increase in drug price; exemptions 646A.685Plan and methodology to establish upper payment limits for drugs sold in this state; report 646A.686Short title 646A.689Requirement to report certain information concerning drug manufacturing and pricing; contents of report; penalty; rules 646A.692Civil penalty 646A.693Prescription Drug Affordability Board; membership and qualifications of members; terms of office; duties; conflicts of interest; rules 646A.694Annual affordability determination for identified drugs and insulin products; criteria for and limitations on determination; confidentiality; rules 646A.695Annual fees assessed against drug manufacturers; rules 646A.696Report to Health Care Cost Growth Target program and Legislative Assembly; contents of report 646A.697Study of market for generic drugs; effect of pricing on insurance premiums; report to Legislative Assembly 646A.700Short title 646A.702Definitions for ORS 646A.702 to 646A.720 646A.705Persons that are not foreclosure consultants 646A.710Foreclosure consulting contract; requirements; void provisions 646A.715Cancellation; effective date; payment for services provided before cancellation or breach; form; sufficiency of notice 646A.720Prohibited acts of foreclosure consultant 646A.725Definitions for ORS 646A.725 to 646A.750 646A.730Persons that are not equity purchasers 646A.735Written contract; requirements; void provisions; power of attorney prohibited 646A.740Cancellation; effective date; rebuttable presumption of delivery; payment for services; form; sufficiency of notice; return of documents 646A.745Required and prohibited acts 646A.750Rebuttable presumptions; accounting; bona fide purchaser; memorandum of agreement; form 646A.755Acts not precluded 646A.760Civil action for damages; attorney fees and costs; limitation on commencement of action 646A.765Penalties 646A.770Definitions 646A.773Applicability of Insurance Code; statement of costs; exemptions 646A.776Required disclosures; cancellation provisions; effect on motor vehicle purchaser’s credit 646A.779Determination of amount of waiver; waivers that are required and waivers that are not required 646A.781Cancellation and expiration; refunds; effect of sale, assignment or transfer 646A.784Reimbursement insurance policies for guaranteed asset protection waivers 646A.787Fiduciary responsibilities 646A.790Unlawful practices 646A.800Late fees on delinquent cable service accounts; amount; disclosure; notice 646A.801Termination of residential cable service or residential telecommunications service for certain persons 646A.803Contest and sweepstakes solicitations; required disclosures; prohibited representations 646A.806Website with photographs and information about arrested persons; requirement to remove photographs and information upon request; penalty 646A.808Obtaining personal information by false representation via electronic media 646A.810Patent infringement claim made in bad faith; enforcement as unlawful practice; limitations; rules 646A.813Security requirements for Internet-connected devices; exemptions; penalty 646A.820Definitions 646A.823Limited license required; application; fee; renewal; prohibited representations 646A.826Cost of coverage; billing requirements; remission to insurer or supervising entity; funds held in trust; compensation 646A.829Written disclosure requirements 646A.832Exceptions to license requirement; prohibited representations; acts of employees 646A.835Restrictions on modification or termination of coverage; notice; consent to notice 646A.838Rules 646A.841Enforcement

Chapter 646A — Trade Regulation

ORS 646A.787 Fiduciary responsibilities

(1)

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.

(2)

A person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle may not:

(a)

Charge more for the guaranteed asset protection waiver than five percent of the amount the borrower finances under a finance agreement; or

(b)

Vary the benefits, terms, conditions or price of the guaranteed asset protection waiver on account of a borrower’s race, sex, sexual orientation, gender identity, income or education.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.