ORS § 650.310 — OR Code / Title 50 / Chapter 650 / Section 650.310
650.310 Good cause
Status: in_force

When determining whether good cause exists for an action, a person shall consider:

(1) Concerning the dealer affected by the action:

(a) The extent of the dealer’s sales and leases of recreational vehicles in the area of sales responsibility;

(b) The nature and extent of the dealer’s investment in the dealer’s business;

(c) Whether the dealer’s service facilities, equipment, parts, supplies and personnel are adequate to carry out the responsibilities assigned to the dealer in the dealership agreement;

(d) The extent and quality of the warranty service performed by the dealer; and

(e) The extent to which the dealer performed the obligations imposed by the dealership agreement.

(2) The economic effect the action may have on communities located within the affected dealer’s area of sales responsibility. [2003 c.377 §2]

Source: Section 650.310 — Good cause; determination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 650.420 — OR Code / Title 50 / Chapter 650 / Section 650.420
650.420 Required disclosures
Status: in_force

(1) Before delivering a new recreational vehicle to a dealer, the grantor shall notify the dealer of:

(a) Uncorrected damage to the vehicle.

(b) Corrected damage that exceeded six percent of the net invoice cost of the vehicle to the dealer.

(2) Before selling or leasing a new recreational vehicle to a consumer, the dealer shall:

(a) Disclose to the consumer any structural damage to the recreational vehicle; and

(b) Obtain the consumer’s written acknowledgment of the disclosure.

(3) Subsections (1) and (2) of this section do not apply if the damage is to the following components and the grantor or dealer has replaced the components with substantially identical components:

(a) Audio equipment.

(b) Appliances.

(c) Bumpers.

(d) Decorations.

(e) Furniture.

(f) Glass.

(g) In-dash components.

(h) Instrument panels.

(i) Paint.

(j) Tires.

(k) Video equipment.

(L) Wheels.

(4) If a grantor selects the carrier to deliver a recreational vehicle to a dealer, the grantor must compensate the dealer for the dealer’s cost of repairing damage to the recreational vehicle caused by the carrier. [2003 c.377 §13]

Source: Section 650.420 — Required disclosures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.408 — OR Code / Title 50 / Chapter 646a / Section 646a.408
646A.408 Use of informal dispute settlement procedure as condition for remedy
Status: in_force

If a manufacturer, for the purpose of settling disputes that arise under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) , 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 (Consumer’s remedies) does not apply to a consumer who has not first resorted to the procedure. A decision resulting from arbitration pursuant to the informal dispute settlement procedure is binding on the manufacturer but is not binding on the consumer. [Formerly 646.355; 2009 c.448 §5]

Source: Section 646A.408 — Use of informal dispute settlement procedure as condition for remedy; binding effect on manufacturer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 649.060 — OR Code / Title 50 / Chapter 649 / Section 649.060
649.060 Exclusive right to register
Status: in_force

Any organization organized and existing on June 8, 1933, which had adopted any name or insignia has exclusive rights to the registration of such name and insignia officially adopted and in use by it at that time.

Source: Section 649.060 — Exclusive right to register , https://www.­oregonlegislature.­gov/bills_laws/ors/ors649.­html (accessed May 26, 2025).
ORS § 646a.593 — OR Code / Title 50 / Chapter 646a / Section 646a.593
646A.593 Definitions
Status: in_force

(1) As used in this section:

(a) “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:

(A) The resident individual’s name or the name of a member of the resident individual’s immediate family or household;

(B) The resident individual’s address or an address for a member of the resident individual’s immediate family or household;

(C) The resident individual’s date or place of birth;

(D) The maiden name of the resident individual’s mother;

(E) Biometric information about the resident individual;

(F) The resident individual’s Social Security number or the number of any other government-issued identification for the resident individual; or

(G) Other information that, alone or in combination with other information that is sold or licensed, can reasonably be associated with the resident individual.

(b) Intentionally left blank —Ed.

(A) “Business entity” means:

(i) A resident individual who regularly engages in commercial activity for the purpose of generating income;

(ii) A corporation or nonprofit corporation, limited liability company, partnership or limited liability partnership, business trust, joint venture or other form of business organization the constituent parts of which share a common economic interest;

(iii) A financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) ; or

(iv) Another person that controls, is controlled by or is under common control with a person described in sub-subparagraphs (ii) and (iii) of this subparagraph.

(B) “Business entity” does not include the state or a state agency, a local government, as defined in ORS 174.116 (“Local government” and “local service district” defined) , a public corporation or a business entity or other person during a period in which the business entity or person is acting solely on behalf of and at the direction of the state, a state agency, the local government or a public corporation.

(c) Intentionally left blank —Ed.

(A) “Data broker” means a business entity or part of a business entity that collects and sells or licenses brokered personal data to another person.

(B) “Data broker” does not include:

(i) A consumer reporting agency, as defined in 15 U.S.C. 1681a(f), a person that furnishes information to a consumer reporting agency, as provided in 15 U.S.C. 1681s-2, or a user of a consumer report, as defined in 15 U.S.C. 1681a(d), to the extent that the consumer reporting agency, the person that furnishes information to a consumer reporting agency or the user of a consumer report engages in activities that are subject to regulation under the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.;

(ii) A financial institution, an affiliate or a nonaffiliated third party, as those terms are defined in 15 U.S.C. 6809, to the extent that the financial institution, affiliate or nonaffiliated third party engages in activities that are subject to regulation under Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 to 6809, and regulations adopted under Title V of the Gramm-Leach-Bliley Act;

(iii) A business entity that collects information about a resident individual if the resident individual is or was:

(I) A customer, subscriber or user of the business entity’s goods or services;

(II) An employee or agent of the business entity or is in a contractual relationship with the business entity;

(III) An investor in the business entity;

(IV) A donor to the business entity; or

(V) In another relationship with the business entity the nature of which is similar to the relationships described in this sub-subparagraph; or

(iv) A business entity that performs services for, acts on behalf of or acts as an agent of a business entity described in sub-subparagraph (iii) of this subparagraph.

(d) Intentionally left blank —Ed.

(A) “License” means a grant of access to, or distribution of, data by one person to another person in exchange for consideration.

(B) “License” does not include a use of data for the sole benefit of a data provider where the data provider maintains control over the use of the data.

(e) “Resident individual” means a natural person who resides in this state.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a data broker may not collect, sell or license brokered personal data within this state unless the data broker first registers with the Department of Consumer and Business Services as provided in subsection (3) of this section.

(b) A data broker may collect, sell or license brokered personal data without registering with the department if the collection, sale or licensing involves only:

(A) Providing publicly available information that is related to a resident individual’s business or profession;

(B) Providing publicly available information as part of a service that provides alerts for health or safety purposes;

(C) Providing information that is lawfully available from federal, state or local government records;

(D) Publishing, selling, reselling, distributing or providing digital access to journals, books, periodicals, newspapers, magazines, news media or educational, academic or instructional works;

(E) Developing or maintaining an electronic commerce service or software;

(F) Providing directory assistance or directory information services as, or on behalf of, a telecommunications carrier; or

(G) Selling the assets of a business entity or a part of a business entity a single time, or only occasionally, as part of a transfer of control over the assets that is not part of the ordinary conduct of the business entity or a part of the business entity.

(3) To register with the department, a data broker shall:

(a) Submit on a form and in a format the department specifies:

(A) The name of the data broker;

(B) The street address and telephone number of the data broker; and

(C) The data broker’s primary website and electronic mail address.

(b) Pay a fee in an amount the department specifies by rule. The department shall set the fee in an amount that is sufficient, when aggregated, to pay the costs of administering the registration program.

(c) Include with the application form a declaration in which the data broker:

(A) States whether resident individuals may opt out of all or a portion of the data broker’s collection, sale or licensing of the resident individuals’ brokered personal data;

(B) Identifies which of the data broker’s activities of collecting, selling or licensing brokered personal data a resident individual may opt out of or which portion of the resident individual’s brokered personal data the resident individual may opt out of providing or permitting the data broker to collect, sell or license;

(C) Describes the method by which a resident individual may exercise the choices described in subparagraphs (A) and (B) of this paragraph; and

(D) States whether a resident individual may authorize another person to exercise the choice described in subparagraph (A) of this paragraph on the resident individual’s behalf and, if so, how to do so.

(4) If a data broker complies with the requirements set forth in subsection (3) of this section, the department shall approve the registration. A registration under this section is valid until December 31 of the year in which the department approves the registration.

(5) The department may approve and renew a registration under this section by means of an agreement with the Nationwide Multistate Licensing System and may, by rule, conform the practices, procedures and information that the department uses to approve or renew a registration to the requirements of the Nationwide Multistate Licensing System.

(6) The department shall make the information that business entities submit for registration under this section publicly available on or by means of the department’s website.

(7) Intentionally left blank —Ed.

(a) The department may impose a civil penalty:

(A) In an amount that does not exceed $500 for each of a data broker’s violations of a requirement under this section or each violation of a rule the department adopted under this section; or

(B) In the case of a continuing violation, in the amount of $500 for each day in which the violation continues.

(b) The total amount of penalties that the department imposes on a data broker may not exceed $10,000 during any calendar year.

(8) The department may adopt rules that are necessary to implement the provisions of this section. [2023 c.395 §1]

Source: Section 646A.593 — Definitions; requirement to register with Department of Consumer and Business Services to operate as data broker; method of registration; penalty; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.350 — OR Code / Title 50 / Chapter 646a / Section 646a.350
646A.350 Delivery of unrequested hazardous substances prohibited
Status: in_force

No person shall deliver, or cause to be delivered, any hazardous substance, as defined in ORS 453.005 (Definitions for ORS 453.005 to 453.135) (7), to any residential premises without the prior consent of any occupant of such premises. [Formerly 646.870]

Source: Section 646A.350 — Delivery of unrequested hazardous substances prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.740 — OR Code / Title 50 / Chapter 646a / Section 646a.740
646A.740 Cancellation
Status: in_force

(1) 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:

(a) Midnight of the third business day after the equity seller signs a document purporting to transfer an interest in the residence in foreclosure; or

(b) A foreclosure sale of the residence in foreclosure.

(2) If the equity seller gives a written notice of cancellation under this section by mail, the notice is effective upon the earlier of:

(a) Delivery to the physical address of the equity purchaser or settlement agent; or

(b) Actual receipt by the equity purchaser or settlement agent.

(3) If the equity seller gives a written notice of cancellation under this section by facsimile number or electronic mail, the notice is effective upon the earlier of:

(a) Delivery to the facsimile or electronic mail address of the equity purchaser or the settlement agent; or

(b) Actual receipt by the equity purchaser or settlement agent.

(4) Proof of a transmission by the equity seller to the facsimile number or electronic mail address of the equity purchaser or of the settlement agent creates a rebuttable presumption that the notice of cancellation was delivered to the facsimile number or electronic mail address of the equity purchaser or settlement agent at the time of transmission.

(5) An equity seller who cancels or breaches an equity conveyance contract under this section shall, no later than 60 days after the cancellation or breach, pay for any services provided in good faith under the contact prior to the cancellation or breach and repay any moneys paid or advanced under the contract by or on behalf of the equity purchaser. The equity seller shall also pay any interest stated in the equity conveyance contract, not to exceed nine percent per year.

(6) Failure of the equity seller to repay moneys as provided in subsection (5) of this section does not invalidate the cancellation of the equity conveyance contract.

(7) When both parties have signed the equity conveyance contract, the equity purchaser shall immediately provide the equity seller with a signed and dated copy of the contract and a cancellation form. The cancellation form must:

(a) Be in duplicate;

(b) Be on a separate sheet of paper attached to the contract;

(c) Be easily detachable; and

(d) Contain a statement in substantially the following form and be printed in at least 14-point boldfaced type:

IF YOU DECIDE NOT TO TRANSFER YOUR DEED OR TITLE, YOU MAY CANCEL THIS CONTRACT.

THE NOTICE OF CANCELLATION MUST BE RECEIVED WITHIN THREE (3) BUSINESS DAYS AFTER YOU SIGNED THE CONTRACT.

Date of Contract: _____

Your notice of cancellation must be received before midnight on: _____ (date).

To cancel the contract, deliver a signed and dated copy of this Notice of Cancellation, or write something saying you want to cancel, and deliver it to _________ (name of settlement agent) at _________ (address of settlement agent). You can cancel by fax or e-mail. Deliver any cancellation by fax to _________ or any cancellation by e-mail to _________.

If you cancel, you must pay for any services that were provided under the contract before you canceled and repay any money spent on your behalf under the contract. You have 60 days after cancellation to pay for the services and repay any money spent on your behalf. You must also pay any interest allowed under the contract, which may not exceed nine percent per year.

TO: _________ (name of settlement agent)

_________ (address, fax and e-mail of settlement agent)

I cancel the contract. Please return all signed documents to me.

Date: _____

Your (homeowner’s) printed name and address:

_______________

Your (homeowner’s) signature:

_______________

(8) Notwithstanding subsection (1)(a) of this section, the period during which the equity seller may cancel the equity conveyance contract does not commence until the equity purchaser has complied with subsection (7) of this section.

(9) A notice of cancellation under this section is sufficient, however expressed, if the notice indicates the intent of the equity seller to cancel the equity conveyance contract. The equity conveyance contract may not require the equity seller to use the notice of cancellation form described in subsection (7) of this section.

(10) No later than 10 days after receipt of a notice of cancellation given in accordance with this section, the equity purchaser shall return, without condition, any original deed, title and contract, and any other document of transfer signed by the equity seller. [2008 c.19 §12]

Source: Section 646A.740 — Cancellation; effective date; rebuttable presumption of delivery; payment for services; form; sufficiency of notice; return of documents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.444 — OR Code / Title 50 / Chapter 646a / Section 646a.444
646A.444 Recordkeeping requirements for warrantor
Status: in_force

(1) A warrantor shall maintain accurate accounts, books and other records for transactions regulated under ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) 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) A copy of the warranty for each unique form of vehicle protection product sold;

(b) The name and address of each consumer;

(c) A list of the locations where the warrantor’s vehicle protection products are offered for sale or sold; and

(d) Dates, descriptions, amounts and receipts for payments to consumers for claims related to the vehicle protection product warranty or any expenditures related to providing the vehicle protection product warranty.

(2) Except as provided in subsection (4) of this section, a warrantor shall retain all records required under subsection (1) of this section for at least two years after the period of coverage specified in the vehicle protection product warranty has expired.

(3) A warrantor may maintain records required under this section in an electronic form. If the warrantor maintains a record in a format other than paper, the warrantor shall reformat the record into a legible paper copy at the director’s request.

(4) A warrantor that no longer conducts business in this state shall maintain the warrantor’s records until 10 years after the date of the last sale of a vehicle protection product that includes the warrantor’s warranty. [2007 c.685 §8]

Source: Section 646A.444 — Recordkeeping requirements for warrantor; record retention , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.102 — OR Code / Title 50 / Chapter 646a / Section 646a.102
646A.102 Notice of intent to conduct going out of business sale
Status: in_force

(1) 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.

(2) A person must display the notice of intent in a prominent place on the premises of the business location where the person is conducting the going out of business sale.

(3) If a person is conducting a going out of business sale as part of a bankruptcy, receivership or other court-ordered action,

the person, in lieu of displaying a notice of intent, shall display the court order or judgment that ordered the sale in a prominent place on the premises of the business location where the person is conducting the going out of business sale.

(4) A person may not:

(a) Conduct a going out of business sale for more than 90 days from the beginning date of the sale that is listed on the notice of intent.

(b) Continue to conduct a going out of business sale beyond the ending date that is listed on the notice of intent.

(5) A person who has conducted a going out of business sale may not conduct another going out of business sale for a period of one year after the ending date of the sale that is listed on the notice of intent. [2007 c.820 §2; 2015 c.277 §2]

Source: Section 646A.102 — Notice of intent to conduct going out of business sale; display and filing; exceptions; prohibited activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.018 — OR Code / Title 50 / Chapter 648 / Section 648.018
648.018 Reactivation of assumed business name
Status: in_force

(1) A registrant, within five years after the date on which the Secretary of State administratively canceled an assumed business name under ORS 648.017 (Renewal of registration) , may apply to the Secretary of State to reactivate the assumed business name. The application must comply with the requirements set forth in ORS 648.010 (Registration of assumed business name) .

(2) The application must:

(a) State the assumed business name and the date on which the Secretary of State administratively canceled the registration for the assumed business name; and

(b) State that the grounds for the cancellation do not exist or have been eliminated.

(3) The registrant or an authorized representative of the registrant shall sign and deliver the application described in subsection (1) of this section to the office of the Secretary of State for filing.

(4) If the Secretary of State determines that the application described in subsection (1) of this section contains the information required under subsection (2) of this section, that the information is correct, that the application otherwise complies with the requirements of ORS 648.010 (Registration of assumed business name) and that the registrant has paid all fees and charges due since the date of cancellation, the Secretary of State shall reactivate the assumed business name. The reactivation is effective when the Secretary of State files the application.

(5) If the Secretary of State denies a registrant’s application for reactivation under this section, the Secretary of State shall notify the registrant in writing and explain the reason for the denial.

(6) A registrant may appeal the Secretary of State’s decision to deny an application the registrant submitted under this section. The registrant’s appeal is subject to the provisions of ORS chapter 183. [2011 c.147 §31]

Source: Section 648.018 — Reactivation of assumed business name; application; notification of denial; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 650.070 — OR Code / Title 50 / Chapter 650 / Section 650.070
650.070 Director as agent for service of process
Status: in_force

Except as provided in ORS 650.080 (When personal service of process required) , the Director of the Department of Consumer and Business Services is an agent for the service of any process, notice or demand required to be served in a proceeding under ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) for:

(1) Every person who sells or offers to sell a franchise in this state; and

(2) Every person, whether a resident or nonresident of this state, who has engaged in conduct that is subject to a proceeding under ORS 650.020 (Liability of franchise seller) . [1973 c.509 §9]

Source: Section 650.070 — Director as agent for service of process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.464 — OR Code / Title 50 / Chapter 646a / Section 646a.464
646A.464 Repair of assistive device
Status: in_force

(1) Intentionally left blank —Ed.

(a) 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 shall be repaired at no charge to the consumer. If the consumer notifies the manufacturer, the manufacturer is jointly obligated together with any of its authorized dealers.

(b) A repair for purposes of this subsection includes a repair that must take place after the expiration of one year after first delivery of the assistive device to the consumer, provided that the defect occurred prior to the expiration of the warranty period and the consumer notified the manufacturer within 30 days after expiration of the period.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraphs (b) and (c) of this subsection, each manufacturer of an assistive device sold or leased in this state shall:

(A) Maintain or cause to be maintained in this state sufficient service and repair facilities to carry out the terms of the warranty described in ORS 646A.462 (Express warranty) ; and

(B) At the time of the sale or lease, provide the consumer with the names, addresses and telephone numbers of all such service and repair facilities and of all authorized dealers.

(b) If the manufacturer does not provide service and repair facilities in this state, the consumer may return the nonconforming assistive device to the dealer who sold or leased the device or to any authorized dealer for replacement, service or repair in accordance with the terms and conditions of the express warranty. The replacement, service or repair shall be at the option of the dealer to whom the device is returned. If that dealer does not replace the nonconforming device or does not effect the service or repair of the device in accordance with the warranty, the dealer shall reimburse the consumer in an amount equal to the purchase or lease price paid, less a reasonable allowance for use by the consumer.

(c) Each manufacturer who, with respect to a new assistive device sold within this state, does not provide a service or repair facility within this state is liable for the following amounts to any dealer who incurs obligations in giving effect to the express warranty described in ORS 646A.462 (Express warranty) :

(A) In the event of replacement, in an amount equal to the cost to the dealer of the replaced assistive device and any cost of transporting the device, plus a reasonable handling charge;

(B) In the event of service or repair, in an amount equal to that which would ordinarily be received by the dealer for rendering such service or repair, including actual and reasonable costs of the service or repair and the costs of transporting the assistive device, if such costs are incurred, plus a reasonable profit; or

(C) In the event of reimbursement under paragraph (b) of this subsection, in an amount equal to that reimbursed to the consumer plus a reasonable handling or service charge.

(3) For purposes of this section, a consumer reports a nonconformity when the consumer:

(a) Makes any communication, written or oral, that describes the problem with the assistive device, or that may be reasonably understood as an expression of dissatisfaction with any aspect of the operation of the device. The communication need only indicate in some way the nature of the problem, such as an indication of the functions that the device is not performing or performing unsatisfactorily for the consumer, and need not be in technical language nor attempt to state the cause of the problem; and

(b) Does not refuse to make the assistive device available to the manufacturer, the dealer who sold or leased the device or any authorized dealer for repair.

(4) Intentionally left blank —Ed.

(a) It shall be presumed that the consumer has made the assistive device available to the manufacturer, the dealer who sold or leased the device or an authorized dealer for repair if the consumer allows the manufacturer or dealer to take the device from the consumer’s residence or other location where the user customarily uses the device.

(b) The consumer shall be required to deliver the device to another location only upon a showing that it would be a substantially greater hardship for the manufacturer, the dealer who sold or leased the device or any authorized dealer to take the device from the consumer’s residence or other location where the user customarily uses the device than for the consumer to deliver the device.

(c) If the consumer must deliver the device to another location in order to enable the manufacturer to repair the device, the manufacturer shall reimburse the consumer for the costs of the delivery.

(5) Intentionally left blank —Ed.

(a) A person required to repair an assistive device under this section shall provide the consumer a loaner if the absence of a loaner would be a threat to the safety of the user or if the assistive device is out of service for more than seven calendar days.

(b) Paragraph (a) of this subsection applies whether or not the rights of the consumer provided by ORS 646A.466 (Replacement or refund after attempt to repair) (1) or (2) have arisen and in addition to the remedies relating to collateral costs provided by ORS 646A.460 (Definitions for ORS 646A.460 to 646A.476) to 646A.476 (Civil action for damages) . [Formerly 646.486]

Source: Section 646A.464 — Repair of assistive device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.134 — OR Code / Title 50 / Chapter 646a / Section 646a.134
646A.134 Disclosures required in advertisement for lease-purchase agreements
Status: in_force

(1) 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:

(a) That the transaction advertised is a lease-purchase agreement;

(b) The total of payments necessary to acquire ownership; and

(c) That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.

(2) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.

(3) The provisions of subsection (1) of this section shall not apply to an advertisement which does not refer to or state the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory of business.

(4) Every item displayed or offered under a lease-purchase agreement shall have clearly and conspicuously indicated in Arabic numerals, so as to be readable and understandable by visual inspection, each of the following stamped upon or affixed to the item:

(a) The cash price of the item;

(b) The amount of the periodic payment; and

(c) The total number of periodic payments required for ownership. [Formerly 646.259]

(Collision Damage Waivers

in Vehicle Rentals)

Source: Section 646A.134 — Disclosures required in advertisement for lease-purchase agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.123 — OR Code / Title 50 / Chapter 650 / Section 650.123
650.123 Use of protected dealer data
Status: in_force

(1) As used in this section:

(a) “Access fee” means a requirement to pay money for access to protected dealer data.

(b) Intentionally left blank —Ed.

(A) “Authorized integrator” means a person with which a dealer has a contractual relationship or to which the dealer otherwise gives express written authorization to have access to protected dealer data stored on a dealer data system or to write protected dealer data to the dealer data system for the purpose of performing a specific function for the dealer.

(B) “Authorized integrator” does not include:

(i) A manufacturer, distributor or importer or any entity that is a subsidiary or affiliate of, or acts on behalf of, a manufacturer, distributor or importer; or

(ii) A governmental body or other person that is acting in accordance with federal, state or local law or a valid court order.

(c) “Dealer data system” means software, hardware or firmware that a dealer leases or rents from a dealer management system provider for the purpose of storing protected dealer data.

(d) “Dealer management system provider” means a person that for compensation maintains and provides access to a dealer data system in which a dealer stores protected dealer data.

(e) “Protected dealer data” means:

(A) Personal data or financial data about a consumer that a dealer generated or that the consumer provided to the dealer and that is not otherwise publicly available; and

(B) Any other data to which a dealer has rights in connection with the dealer’s daily business operations and stores or maintains in a dealer data system.

(2) A dealer management system provider may:

(a) Condition a dealer’s or authorized integrator’s access to and ability to receive, share, copy, use, write or transmit protected dealer data from or to a dealer data system on the dealer’s or authorized integrator’s compliance with security standards;

(b) Require an authorized integrator to have express written authorization from a dealer before allowing the authorized integrator to gain access to, receive, share, copy, use or transmit protected dealer data; and

(c) Deny access to a dealer data system to a dealer if the dealer fails to pay an amount due to the dealer management system provider under a lease, contract or other agreement concerning the dealer’s access to or use of the dealer data system.

(3) Except as provided in subsection (2) of this section, a dealer management system provider may not take any action that would limit or prohibit a dealer’s or an authorized integrator’s ability to receive, protect, store, copy, share or use protected dealer data using means that include, but are not limited to:

(a) Imposing an access fee on a dealer or authorized integrator.

(b) Restricting a dealer or an authorized integrator from sharing protected dealer data or writing data or having access to a dealer data system. Examples of restrictions this paragraph does not permit include, but are not limited to:

(A) Limits on the scope or nature of protected dealer data to which a dealer or authorized integrator has access or may share or write to a dealer data system; and

(B) A requirement for a dealer or authorized integrator to provide sensitive or confidential business information or information that a dealer or authorized integrator uses for competitive purposes in return for access to protected dealer data or an authorization to share or write protected dealer data to a dealer data system.

(4) Except as otherwise provided in this section, any term or condition of a contract with a dealer management system provider that conflicts with the requirements set forth in subsection (3) of this section is void and unenforceable to the extent of the conflict.

(5) Intentionally left blank —Ed.

(a) An authorized integrator shall:

(A) Obtain express written authorization from a dealer before gaining access to, receiving, sharing, copying, using, writing or transmitting protected dealer data; and

(B) Comply with security standards in gaining access to, receiving, sharing, copying, using, writing or transmitting protected dealer data.

(b) A dealer may withdraw, revoke or amend any express written authorization the dealer provides under paragraph (a)(A) of this subsection:

(A) At the dealer’s sole discretion, if the dealer gives 30 days’ prior notice to an authorized integrator; or

(B) Immediately, for good cause.

(6) Intentionally left blank —Ed.

(a) This section does not prevent a dealer, a dealer management system provider or an authorized integrator from discharging the dealer’s, dealer management system provider’s or authorized integrator’s obligations under federal, state or local law to secure and prevent unauthorized access to protected dealer data, or from limiting the scope of the obligations, in accordance with federal, state or local law.

(b) A dealer management system provider is not liable for any action that a dealer takes directly with respect to securing or preventing unauthorized access to protected dealer data, or for actions that an authorized integrator takes in appropriately following the dealer’s written instructions for securing or preventing unauthorized access to protected dealer data, to the extent that the actions prevent the dealer management system provider from meeting a legal obligation to secure or prevent unauthorized access to protected dealer data.

(c) A dealer is not liable for any action that an authorized integrator takes directly with respect to securing or preventing unauthorized access to protected dealer data, or for actions that the authorized integrator takes in appropriately following the dealer’s written instructions for securing or preventing unauthorized access to protected dealer data, to the extent that the actions prevent the dealer from meeting a legal obligation to secure or prevent unauthorized access to protected dealer data.

(d) An authorized integrator is not liable for any action that a dealer takes directly with respect to securing or preventing unauthorized access to protected dealer data, or for actions that the dealer takes in appropriately following the authorized integrator’s written instructions for securing or preventing unauthorized access to protected dealer data, to the extent that the actions prevent the authorized integrator from meeting a legal obligation to secure or prevent unauthorized access to protected dealer data. [2019 c.500 §2]

Source: Section 650.123 — Use of protected dealer data; prohibitions; liabilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.578 — OR Code / Title 50 / Chapter 646a / Section 646a.578
646A.578 Duties of controller
Status: in_force

(1) A controller shall:

(a) 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;

(b) 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 specified in paragraph (a) of this subsection;

(c) Establish, implement and maintain for personal data the same safeguards described in ORS 646A.622 (Requirement to develop safeguards for personal information) that are required for protecting personal information, as defined in ORS 646A.602 (Definitions for ORS 646A.600 to 646A.628) , such that the controller’s safeguards protect the confidentiality, integrity and accessibility of the personal data to the extent appropriate for the volume and nature of the personal data; and

(d) Provide an effective means by which a consumer may revoke consent a consumer gave under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) to the controller’s processing of the consumer’s personal data. The means must be at least as easy as the means by which the consumer provided consent. Once the consumer revokes consent, the controller shall cease processing the personal data as soon as is practicable, but not later than 15 days after receiving the revocation.

(2) A controller may not:

(a) Process personal data for purposes that are not reasonably necessary for and compatible with the purposes the controller specified in subsection (1)(a) of this section, unless the controller obtains the consumer’s consent;

(b) Process sensitive data about a consumer without first obtaining the consumer’s consent or, if the controller knows the consumer is a child, without processing the sensitive data in accordance with the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. 6501 et seq. and the regulations, rules and guidance adopted under the Act, all as in effect on January 1, 2024;

(c) Process a consumer’s personal data for the purposes of targeted advertising, of profiling the consumer in furtherance of decisions that produce legal effects or effects of similar significance or of selling the consumer’s personal data without the consumer’s consent if the controller has actual knowledge that, or willfully disregards whether, the consumer is at least 13 years of age and not older than 15 years of age; or

(d) Discriminate against a consumer that exercises a right provided to the consumer under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) by means such as denying goods or services, charging different prices or rates for goods or services or providing a different level of quality or selection of goods or services to the consumer.

(3) Subsections (1) and (2) of this section do not:

(a) Require a controller to provide a good or service that requires personal data from a consumer that the controller does not collect or maintain; or

(b) Prohibit a controller from offering a different price, rate, level of quality or selection of goods or services to a consumer, including an offer for no fee or charge, in connection with a consumer’s voluntary participation in a bona fide loyalty, rewards, premium features, discount or club card program.

(4) A controller shall provide to consumers a reasonably accessible, clear and meaningful privacy notice that:

(a) Lists the categories of personal data, including the categories of sensitive data, that the controller processes;

(b) Describes the controller’s purposes for processing the personal data;

(c) Describes how a consumer may exercise the consumer’s rights under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) , including how a consumer may appeal a controller’s denial of a consumer’s request under ORS 646A.576 (Method for requesting personal data) ;

(d) Lists all categories of personal data, including the categories of sensitive data, that the controller shares with third parties;

(e) Describes all categories of third parties with which the controller shares personal data at a level of detail that enables the consumer to understand what type of entity each third party is and, to the extent possible, how each third party may process personal data;

(f) Specifies an electronic mail address or other online method by which a consumer can contact the controller that the controller actively monitors;

(g) Identifies the controller, including any business name under which the controller registered with the Secretary of State and any assumed business name that the controller uses in this state;

(h) Provides a clear and conspicuous description of any processing of personal data in which the controller engages for the purpose of targeted advertising or for the purpose of profiling the consumer in furtherance of decisions that produce legal effects or effects of similar significance, and a procedure by which the consumer may opt out of this type of processing; and

(i) Describes the method or methods the controller has established for a consumer to submit a request under ORS 646A.576 (Method for requesting personal data) (1).

(5) The method or methods described in subsection (4)(i) of this section for submitting a consumer’s request to a controller must:

(a) Take into account:

(A) Ways in which consumers normally interact with the controller;

(B) A need for security and reliability in communications related to the request; and

(C) The controller’s ability to authenticate the identity of the consumer that makes the request; and

(b) Provide a clear and conspicuous link to a webpage where the consumer or an authorized agent may opt out from a controller’s processing of the consumer’s personal data as described in ORS 646A.574 (Consumer requests for personal data) (1)(d) or, solely if the controller does not have a capacity needed for linking to a webpage, provide another method the consumer can use to opt out.

(6) If a consumer or authorized agent uses a method described in subsection (5) of this section to opt out of a controller’s processing of the consumer’s personal data under ORS 646A.574 (Consumer requests for personal data) (1)(d) and the decision conflicts with a consumer’s voluntary participation in a bona fide reward, club card or loyalty program or a program that provides premium features or discounts in return for the consumer’s consent to the controller’s processing of the consumer’s personal data, the controller may either comply with the request to opt out or notify the consumer of the conflict and ask the consumer to affirm that the consumer intends to withdraw from the bona fide reward, club card or loyalty program or the program that provides premium features or discounts. If the consumer affirms that the consumer intends to withdraw, the controller shall comply with the request to opt out. [2023 c.369 §5]

Note: 646A.578 (Duties of controller) becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.

Note: The amendments to 646A.578 (Duties of controller) by section 12, chapter 369, Oregon Laws 2023, become operative January 1, 2026. See section 15, chapter 369, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

646A.578 (Duties of controller) . (1) A controller shall:

(a) 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;

(b) 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 specified in paragraph (a) of this subsection;

(c) Establish, implement and maintain for personal data the same safeguards described in ORS 646A.622 (Requirement to develop safeguards for personal information) that are required for protecting personal information, as defined in ORS 646A.602 (Definitions for ORS 646A.600 to 646A.628) , such that the controller’s safeguards protect the confidentiality, integrity and accessibility of the personal data to the extent appropriate for the volume and nature of the personal data; and

(d) Provide an effective means by which a consumer may revoke consent a consumer gave under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) to the controller’s processing of the consumer’s personal data. The means must be at least as easy as the means by which the consumer provided consent. Once the consumer revokes consent, the controller shall cease processing the personal data as soon as is practicable, but not later than 15 days after receiving the revocation.

(2) A controller may not:

(a) Process personal data for purposes that are not reasonably necessary for and compatible with the purposes the controller specified in subsection (1)(a) of this section, unless the controller obtains the consumer’s consent;

(b) Process sensitive data about a consumer without first obtaining the consumer’s consent or, if the controller knows the consumer is a child, without processing the sensitive data in accordance with the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. 6501 et seq. and the regulations, rules and guidance adopted under the Act, all as in effect on January 1, 2024;

(c) Process a consumer’s personal data for the purposes of targeted advertising, of profiling the consumer in furtherance of decisions that produce legal effects or effects of similar significance or of selling the consumer’s personal data without the consumer’s consent if the controller has actual knowledge that, or willfully disregards whether, the consumer is at least 13 years of age and not older than 15 years of age; or

(d) Discriminate against a consumer that exercises a right provided to the consumer under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) by means such as denying goods or services, charging different prices or rates for goods or services or providing a different level of quality or selection of goods or services to the consumer.

(3) Subsections (1) and (2) of this section do not:

(a) Require a controller to provide a good or service that requires personal data from a consumer that the controller does not collect or maintain; or

(b) Prohibit a controller from offering a different price, rate, level of quality or selection of goods or services to a consumer, including an offer for no fee or charge, in connection with a consumer’s voluntary participation in a bona fide loyalty, rewards, premium features, discount or club card program.

(4) A controller shall provide to consumers a reasonably accessible, clear and meaningful privacy notice that:

(a) Lists the categories of personal data, including the categories of sensitive data, that the controller processes;

(b) Describes the controller’s purposes for processing the personal data;

(c) Describes how a consumer may exercise the consumer’s rights under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) , including how a consumer may appeal a controller’s denial of a consumer’s request under ORS 646A.576 (Method for requesting personal data) ;

(d) Lists all categories of personal data, including the categories of sensitive data, that the controller shares with third parties;

(e) Describes all categories of third parties with which the controller shares personal data at a level of detail that enables the consumer to understand what type of entity each third party is and, to the extent possible, how each third party may process personal data;

(f) Specifies an electronic mail address or other online method by which a consumer can contact the controller that the controller actively monitors;

(g) Identifies the controller, including any business name under which the controller registered with the Secretary of State and any assumed business name that the controller uses in this state;

(h) Provides a clear and conspicuous description of any processing of personal data in which the controller engages for the purpose of targeted advertising or for the purpose of profiling the consumer in furtherance of decisions that produce legal effects or effects of similar significance, and a procedure by which the consumer may opt out of this type of processing; and

(i) Describes the method or methods the controller has established for a consumer to submit a request under ORS 646A.576 (Method for requesting personal data) (1).

(5) The method or methods described in subsection (4)(i) of this section for submitting a consumer’s request to a controller must:

(a) Take into account:

(A) Ways in which consumers normally interact with the controller;

(B) A need for security and reliability in communications related to the request; and

(C) The controller’s ability to authenticate the identity of the consumer that makes the request;

(b) Provide a clear and conspicuous link to a webpage where the consumer or an authorized agent may opt out from a controller’s processing of the consumer’s personal data as described in ORS 646A.574 (Consumer requests for personal data) (1)(d) or, solely if the controller does not have a capacity needed for linking to a webpage, provide another method the consumer can use to opt out; and

(c) Allow a consumer or authorized agent to send a signal to the controller that indicates the consumer’s preference to opt out of the sale of personal data or targeted advertising under ORS 646A.574 (Consumer requests for personal data) (1)(d) by means of a platform, technology or mechanism that:

(A) Does not unfairly disadvantage another controller;

(B) Does not use a default setting but instead requires the consumer or authorized agent to make an affirmative, voluntary and unambiguous choice to opt out;

(C) Is consumer friendly and easy for an average consumer to use;

(D) Is as consistent as possible with similar platforms, technologies or mechanisms required under federal or state laws or regulations; and

(E) Enables the controller to accurately determine whether the consumer is a resident of this state and has made a legitimate request under ORS 646A.576 (Method for requesting personal data) to opt out as described in ORS 646A.574 (Consumer requests for personal data) (1)(d).

(6) If a consumer or authorized agent uses a method described in subsection (5) of this section to opt out of a controller’s processing of the consumer’s personal data under ORS 646A.574 (Consumer requests for personal data) (1)(d) and the decision conflicts with a consumer’s voluntary participation in a bona fide reward, club card or loyalty program or a program that provides premium features or discounts in return for the consumer’s consent to the controller’s processing of the consumer’s personal data, the controller may either comply with the request to opt out or notify the consumer of the conflict and ask the consumer to affirm that the consumer intends to withdraw from the bona fide reward, club card or loyalty program or the program that provides premium features or discounts. If the consumer affirms that the consumer intends to withdraw, the controller shall comply with the request to opt out.

Source: Section 646A.578 — Duties of controller; prohibitions; privacy notice to consumer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.005 — OR Code / Title 50 / Chapter 647 / Section 647.005
647.005 Definitions
Status: in_force

As used in this chapter:

(1) “Applicant” means a person that files an application to register a mark under this chapter, and the person’s legal representatives, successors or assigns.

(2) “Dilution” means an association that arises from the similarity between a mark or trade name and a famous mark, regardless of the presence or absence of competition between the owner of the famous mark and another party, actual or likely confusion, mistake, deception or actual economic injury, if the association:

(a) Impairs the distinctiveness of the famous mark, an association commonly known as dilution by blurring; or

(b) Harms the reputation of the famous mark, an association commonly known as dilution by tarnishment.

(3) “Mark” means a trademark or service mark entitled to registration under this chapter whether registered or not.

(4) “Person” means an individual, firm, partnership, corporation, association, limited liability company, union or other organization capable of suing or being sued in a court.

(5) “Registrant” means a person to whom the registration of a mark is issued under this chapter, and the person’s legal representatives, successors or assigns.

(6) “Retail value” means:

(a) For items that bear a counterfeit mark and are components of a finished product, the regular selling price of the finished product in which the component would be utilized.

(b) For items that bear a counterfeit mark other than items described in paragraph (a) of this subsection and for services that are identified by a counterfeit mark, the regular selling price of the item or service.

(7) “Service mark” means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person’s services, including a unique service, from another person’s services and to indicate the source of the services, even if the source is unknown.

(8) “Trademark” means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person’s goods, including a unique product, from another person’s goods and to indicate the source of the goods, even if the source is unknown.

(9) “Trade name” means a name that a person uses to identify the person’s business or vocation.

(10) Intentionally left blank —Ed.

(a) “Use” means a bona fide use of a mark as described in ORS 647.017 (When mark is in use) in the ordinary course of trade.

(b) “Use” does not include a use of a mark made merely to reserve a right in a mark. [1961 c.497 §1; 1965 c.511 §1; 1981 c.633 §71; 1989 c.931 §1; 1999 c.722 §7; 2009 c.459 §1]

Source: Section 647.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.293 — OR Code / Title 50 / Chapter 646a / Section 646a.293
646A.293 Definitions for ORS 646A.293 and 646A.295
Status: in_force

As used in this section and ORS 646A.295 (Prohibited actions) :

(1) “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.

(2) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. In the case of an audio disclosure, “clear and conspicuous” means in a volume and cadence sufficient to be readily audible and understandable.

(3) “Consumer” means any individual who seeks or acquires, by purchase or lease, any goods, services, money or credit for personal, family or household purposes.

(4) “Continuous service” means a plan or arrangement in which a paid subscription or purchasing agreement continues until the consumer cancels the service.

(5) “Offer terms” means the following clear and conspicuous disclosures:

(a) That the subscription or purchasing agreement will continue until the consumer cancels.

(b) The description of the cancellation policy that applies to the offer.

(c) The recurring charges that will be charged to the consumer’s credit or debit card or payment account with a third party as part of the automatic renewal or continuous service plan or arrangement, and, if the amount of the charge will change, the amount to which the charge will change, if known.

(d) The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer.

(e) The minimum purchase obligation, if any.

(6) “Person” has the meaning given that term in ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) . [2011 c.509 §2]

Source: Section 646A.293 — Definitions for ORS 646A.293 and 646A.295 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.240 — OR Code / Title 50 / Chapter 646a / Section 646a.240
646A.240 Treatment of child support obligations by creditor in applications for extensions of credit
Status: in_force

In evaluating applications for extensions of credit, a creditor may not:

(1) 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

(2) Deny an application solely because the applicant used the applicant’s business address instead of the applicant’s residential address if a law of this state or a local government ordinance permits the applicant to use a business address in lieu of a residential address. [Formerly 646.861; 2009 c.183 §1]

Source: Section 646A.240 — Treatment of child support obligations by creditor in applications for extensions of credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.468 — OR Code / Title 50 / Chapter 646a / Section 646a.468
646A.468 Procedures for replacement or refund
Status: in_force

(1) To receive the refund or replacement described in ORS 646A.466 (Replacement or refund after attempt to repair) , 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:

(a) Make the refund within 14 calendar days after the consumer offers to transfer possession;

(b) Make the replacement within 30 calendar days after the consumer offers to transfer possession; or

(c) Provide the consumer a loaner for use if the replacement is not made within 14 calendar days after the consumer offers to transfer possession. The loaner may be used until replacement is made.

(2) The manufacturer may require as a condition of making a timely refund or replacement described in ORS 646A.466 (Replacement or refund after attempt to repair) that the consumer deliver possession of the original assistive device to the manufacturer, the dealer who sold or leased the device or any authorized dealer and sign any documents necessary to transfer title and possession of the device, or necessary to provide evidence of the transfer, to any person designated by the manufacturer.

(3) Subsection (2) of this section applies only if:

(a) The time and place of the mutual activities described in subsection (2) of this section are readily accessible to the consumer; and

(b) The manufacturer provides the consumer written notice in 12-point bold type stating in clear and understandable language the time and place of the mutual activities and directing the consumer to meet at that time and place. The notice must be received by the consumer no later than four business days before the time of the mutual activities.

(4) A person shall not enforce a lease against the consumer for use of an assistive device during any period of nonconformity or after the consumer returns the device to the manufacturer as described by this section. [Formerly 646.490]

Source: Section 646A.468 — Procedures for replacement or refund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.448 — OR Code / Title 50 / Chapter 646a / Section 646a.448
646A.448 Prohibited activities
Status: in_force

(1) 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:

(a) Make, permit or cause to be made any false or misleading statement; or

(b) Intentionally omit a material statement that would be considered misleading if omitted.

(2) A seller or warrantor may not require, as a condition of financing, that a retail purchaser of a motor vehicle purchase a vehicle protection product. [2007 c.685 §10]

Source: Section 646A.448 — Prohibited activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.161 — OR Code / Title 50 / Chapter 650 / Section 650.161
650.161 Compensation for repairs to vehicles subject to recall
Status: in_force

(1) As used in this section:

(a) “Do not drive order” means a notice in which a manufacturer advises owners of a vehicle not to drive the vehicle until the owner has obtained a repair for a safety defect in the vehicle.

(b) “Stop sale order” means a notice in which a manufacturer prohibits a franchisee from leasing or selling at wholesale or retail a used vehicle in the franchisee’s inventory because of a federal recall for a safety defect or a failure to comply with a federal safety standard or a federal emissions standard.

(c) “Valuation” means the average trade-in value shown in an independent third-party guide for the year, make and model of a used vehicle.

(2) A manufacturer shall compensate the manufacturer’s franchisees for all labor and parts the manufacturer requires the franchisees to use to perform repairs on vehicles that are subject to a recall. The manufacturer shall compensate franchisees in accordance with the standards and process for compensation set forth in ORS 650.158 (Predelivery preparation and warranty service) .

(3) Intentionally left blank —Ed.

(a) Subject to the conditions set forth in paragraphs (b) and (c) of this subsection, a manufacturer shall compensate a dealer at a prorated rate of least 1.5 percent of the valuation of a used vehicle that is subject to a recall during each month in which the dealer holds the vehicle for sale while awaiting parts or a remedy that is necessary to repair or service the vehicle.

(b) The manufacturer shall pay the compensation described in paragraph (a) of this subsection:

(A) If the used vehicle is subject to a federal recall for a safety defect or a failure to comply with a federal safety standard or a federal emissions standard;

(B) If the manufacturer issued a do not drive order or stop sale order for the used vehicle;

(C) If the manufacturer has authorized the dealer to sell and service new vehicles of the same line-make as the used vehicle that is subject to the recall;

(D) If the dealer had the used vehicle in the dealer’s inventory at the time the manufacturer issued the do not drive order or stop sale order or if the dealer received the used vehicle as a trade-in as part of a consumer’s purchase of a new vehicle after the manufacturer issued the do not drive order or stop sale order;

(E) If a part or remedy necessary to repair or service the used vehicle is not reasonably available within 30 days after the manufacturer issued an initial recall notice; and

(F) For a period that begins 30 days after the date on which the manufacturer issued the do not drive order or stop sale order and that ends on the earlier of the following dates:

(i) The date on which the manufacturer makes available to the dealer a part or remedy that is necessary to repair the used vehicle that is subject to the recall; or

(ii) The date on which the dealer sells, trades or otherwise disposes of the used vehicle that is subject to the recall.

(c) A manufacturer may direct the manner and method by which a dealer must demonstrate that the dealer had a used vehicle that was subject to a recall in the dealer’s inventory as required under paragraph (b)(D) of this subsection. The manufacturer may not require a demonstration that is unreasonable or unduly burdensome or require information that is unreasonably or unduly burdensome for the dealer to provide.

(d) This subsection does not require a manufacturer to provide total compensation to a dealer that exceeds the valuation of a used vehicle that is subject to a recall.

(4) A claim for compensation that a franchisee makes under subsection (2) of this section or that a dealer makes under subsection (3) of this section is subject to the same requirements and limitations to which a claim for compensation under ORS 650.158 (Predelivery preparation and warranty service) is subject unless:

(a) The manufacturer compensates the franchisee or the dealer under a national program that provides compensation for recall service or repairs that is equal to or greater than the compensation the manufacturer would provide under subsection (3) of this section; or

(b) The manufacturer and franchisee or dealer agree to different compensation.

(5) Intentionally left blank —Ed.

(a) A manufacturer may not reduce compensation that the manufacturer owes to a franchisee by means of a chargeback, reducing the amount the manufacturer owes a franchisee under or removing a franchisee from an incentive program or any other means solely because the franchisee submitted a claim for or received compensation under this section.

(b) This subsection does not prohibit a manufacturer from modifying or discontinuing an incentive program or other program prospectively or from making ordinary business decisions.

(c) A franchisee may contest the amount of compensation a manufacturer provides under this section in accordance with the procedures set forth in ORS 650.158 (Predelivery preparation and warranty service) .

(6) A remedy that a dealer obtains under this section is exclusive and may not be combined with other compensation or remedies that are available under state or federal law or state or federal compensation programs. [2017 c.363 §2]

Source: Section 650.161 — Compensation for repairs to vehicles subject to recall; claims for compensation; prohibited practices; exclusivity of remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 645.015 — OR Code / Title 50 / Chapter 645 / Section 645.015
645.015 Persons exempt from prohibition
Status: in_force

(1) The prohibitions in ORS 645.010 (Commodity contract or option transactions prohibited) shall not apply to any transaction by:

(a) A person registered with the federal Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require registration;

(b) A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in paragraph (a) of this subsection;

(c) A person who is a member of a contract market designated by the federal Commodity Futures Trading Commission or any clearinghouse thereof;

(d) A financial institution;

(e) A person registered under the Oregon Securities Law, as cited in ORS 59.005 (Short title) , as a broker-dealer; or

(f) A contract market designated by the federal Commodity Futures Trading Commission or any clearinghouse thereof or a securities exchange registered with the federal Securities and Exchange Commission.

(2) The exemption provided by this section shall not apply to any transaction or activity which is prohibited by the federal Commodity Exchange Act or rules adopted by the federal Commodity Futures Trading Commission. [1987 c.148 §5]

Source: Section 645.015 — Persons exempt from prohibition; effect of federal law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 650.133 — OR Code / Title 50 / Chapter 650 / Section 650.133
650.133 Constructing, altering or remodeling dealer facility
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a manufacturer, distributor or importer may not require a dealer to construct a new dealer facility or materially alter or remodel an existing dealer facility within seven years after the date on which the dealer previously constructed, materially altered or remodeled the existing dealer facility if the existing dealer facility complies with the manufacturer’s, distributor’s or importer’s approved brand image standards or plans that existed at the time the dealer constructed, materially altered or remodeled the existing dealer facility.

(b) A manufacturer, distributor or importer may require a dealer to construct a new dealer facility or materially alter or remodel an existing dealer facility within seven years after the dealer constructed, materially altered or remodeled the existing dealer facility:

(A) If the manufacturer, distributor or importer demonstrates that the manufacturer’s, distributor’s or importer’s requirement is reasonable and justifiable in light of:

(i) The projected cost of the construction, material alteration or remodel;

(ii) Existing and reasonably foreseeable economic conditions;

(iii) Financial expectations;

(iv) The availability of additional vehicle allocation; and

(v) The dealer’s market for vehicle sales;

(B) In order to comply with a health or safety law or with a technological requirement that is necessary to sell or service a motor vehicle that the dealer sells or services under the terms of the dealer’s franchise; or

(C) By means of a written agreement separate from the franchise agreement if the manufacturer, distributor or importer provides money, credit, an allowance, an incentive or a reimbursement to the dealer to compensate for all or a substantial portion of the cost of constructing a new dealer facility or materially altering or remodeling an existing dealer facility.

(c) Paragraph (a) of this subsection does not prohibit a dealer from voluntarily agreeing with a manufacturer, distributor or importer to construct a new dealer facility or materially alter or remodel an existing dealer facility in return for separate and valuable consideration. For the purposes of this paragraph, renewing a dealer’s franchise is not separate and valuable consideration.

(d) For purposes of this subsection:

(A) “Materially alter” means a significant architectural or structural modification to a dealer facility that is directly related to effectively selling or servicing motor vehicles of the type that the dealer’s franchise agreement or license permits the dealer to sell or service.

(B) “Materially alter” does not include routine maintenance, such as interior painting, that is reasonably necessary to keep a dealer facility in attractive condition.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a manufacturer, distributor or importer may not require a dealer to purchase goods or services for constructing, materially altering or remodeling a dealer facility from a vendor that the manufacturer, distributor or importer selects, identifies or designates without giving the dealer an option to obtain goods or services of substantially similar quality and design from a vendor that the dealer chooses, subject to the manufacturer’s, distributor’s or importer’s approval in advance. The manufacturer, distributor or importer may not withhold approval unreasonably.

(b) A dealer may not select a vendor from which to obtain goods and services for constructing a new dealer facility or materially altering or remodeling an existing dealer facility if a manufacturer, distributor or importer provides money, credit, an allowance or a reimbursement to compensate for all or a substantial portion of the cost of upgrading or improving a dealer facility or for using a specific material, good or service to upgrade or improve a dealer facility.

(c) This subsection does not permit a dealer or vendor to:

(A) Directly or indirectly or in any way infringe upon, eliminate or impair a manufacturer’s, distributor’s or importer’s intellectual property rights or reasonable business requirements; or

(B) Erect or maintain signs that do not conform to the manufacturer’s, distributor’s or importer’s intellectual property usage guidelines. [2013 c.329 §2]

Source: Section 650.133 — Constructing, altering or remodeling dealer facility; prohibitions; exceptions; purchasing goods or services from specific vendor; intellectual property infringement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.120 — OR Code / Title 50 / Chapter 646a / Section 646a.120
646A.120 Definitions for ORS 646A.120 to 646A.134
Status: in_force

As used in ORS 646A.120 (Definitions for ORS 646A.120 to 646A.134) to 646A.134 (Disclosures required in advertisement for lease-purchase agreements) :

(1) “Advertisement” means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a lease-purchase agreement.

(2) “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.

(3) “Consumer” means an individual who rents personal property under a lease-purchase agreement to be used primarily for personal, family or household purposes.

(4) “Consummation” means the time a consumer becomes contractually obligated on a lease-purchase agreement.

(5) “Lease-purchase agreement” means an agreement for the use of personal property by an individual for personal, family or household purposes, for an initial period of four months or less, that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer to become the owner of the property.

(6) “Lessor” means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. [Formerly 646.245]

Source: Section 646A.120 — Definitions for ORS 646A.120 to 646A.134 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.604 — OR Code / Title 50 / Chapter 646a / Section 646a.604
646A.604 Notice of breach of security
Status: in_force

(1) 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:

(a) The consumer to whom the personal information pertains.

(b) The Attorney General, either in writing or electronically, if the number of consumers to whom the covered entity must send the notice described in paragraph (a) of this subsection exceeds 250.

(2) Intentionally left blank —Ed.

(a) A vendor that discovers a breach of security or has reason to believe that a breach of security has occurred shall notify a covered entity with which the vendor has a contract as soon as is practicable but not later than 10 days after discovering the breach of security or having a reason to believe that the breach of security occurred.

(b) If a vendor has a contract with another vendor that, in turn, has a contract with a covered entity, the vendor shall notify the other vendor of a breach of security as provided in paragraph (a) of this subsection.

(c) A vendor shall notify the Attorney General in writing or electronically if the vendor was subject to a breach of security that involved the personal information of more than 250 consumers or a number of consumers that the vendor could not determine. This paragraph does not apply to the vendor if the covered entity described in paragraph (a) or (b) of this subsection has notified the Attorney General in accordance with the requirements of this section.

(3) Intentionally left blank —Ed.

(a) A covered entity shall give notice of a breach of security in the most expeditious manner possible, without unreasonable delay, but not later than 45 days after discovering or receiving notification of the breach of security.

(b) Before providing the notice described in paragraph (a) of this subsection, a covered entity shall undertake reasonable measures that are necessary to:

(A) Determine sufficient contact information for the intended recipient of the notice;

(B) Determine the scope of the breach of security; and

(C) Restore the reasonable integrity, security and confidentiality of the personal information.

(c) A covered entity may delay giving the notice described in paragraph (a) of this subsection only if a law enforcement agency determines that a notification will impede a criminal investigation and if the law enforcement agency requests in writing that the covered entity delay the notification.

(4) A covered entity may notify a consumer of a breach of security:

(a) In writing;

(b) Electronically, if the covered entity customarily communicates with the consumer electronically or if the notice is consistent with the provisions regarding electronic records and signatures set forth in the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001) as that Act existed on January 1, 2020;

(c) By telephone, if the covered entity contacts the affected consumer directly; or

(d) With substitute notice, if the covered entity demonstrates that the cost of notification otherwise would exceed $250,000 or that the affected class of consumers exceeds 350,000, or if the covered entity does not have sufficient contact information to notify affected consumers. For the purposes of this paragraph, “substitute notice” means:

(A) Posting the notice or a link to the notice conspicuously on the covered entity’s website if the covered entity maintains a website; and

(B) Notifying major statewide television and newspaper media.

(5) Notice under this section must include, at a minimum:

(a) A description of the breach of security in general terms;

(b) The approximate date of the breach of security;

(c) The type of personal information that was subject to the breach of security;

(d) Contact information for the covered entity;

(e) Contact information for national consumer reporting agencies; and

(f) Advice to the consumer to report suspected identity theft to law enforcement, including the Attorney General and the Federal Trade Commission.

(6) If a covered entity discovers or receives notice of a breach of security that affects more than 1,000 consumers, the covered entity shall notify, without unreasonable delay, all consumer reporting agencies that compile and maintain reports on consumers on a nationwide basis of the timing, distribution and content of the notice the covered entity gave to affected consumers and shall include in the notice any police report number assigned to the breach of security. A covered entity may not delay notifying affected consumers of a breach of security in order to notify consumer reporting agencies.

(7) Intentionally left blank —Ed.

(a) If a covered entity must notify a consumer of a breach of security under this section, and in connection with the notification the covered entity or an agent or affiliate of the covered entity offers to provide credit monitoring services or identity theft prevention and mitigation services without charge to the consumer, the covered entity, the agent or the affiliate may not condition the provision of the services on the consumer’s providing the covered entity, the agent or the affiliate with a credit or debit card number or on the consumer’s acceptance of any other service the covered entity offers to provide for a fee.

(b) If a covered entity or an agent or affiliate of the covered entity offers additional credit monitoring services or identity theft prevention and mitigation services for a fee to a consumer under the circumstances described in paragraph (a) of this subsection, the covered entity, the agent or the affiliate must separately, distinctly, clearly and conspicuously disclose in the offer for the additional credit monitoring services or identity theft prevention and mitigation services that the covered entity, the agent or the affiliate will charge the consumer a fee.

(c) The terms and conditions of any contract under which one person offers or provides credit monitoring services or identity theft prevention and mitigation services on behalf of another person under the circumstances described in paragraph (a) of this subsection must require compliance with the requirements of paragraphs (a) and (b) of this subsection.

(8) Notwithstanding subsection (1) of this section, a covered entity does not need to notify consumers of a breach of security if, after an appropriate investigation or after consultation with relevant federal, state or local law enforcement agencies, the covered entity reasonably determines that the consumers whose personal information was subject to the breach of security are unlikely to suffer harm. The covered entity must document the determination in writing and maintain the documentation for at least five years.

(9) This section does not apply to:

(a) Personal information that is subject to, and a person that complies with, notification requirements or procedures for a breach of security that the person’s primary or functional federal regulator adopts, promulgates or issues in rules, regulations, procedures, guidelines or guidance, if the personal information and the person would otherwise be subject to ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) .

(b) Personal information that is subject to, and a person that complies with, a state or federal law that provides greater protection to personal information and disclosure requirements at least as thorough as the protections and disclosure requirements provided under this section.

(c) A covered entity or vendor that complies with regulations promulgated under Title V of the Gramm-Leach-Bliley Act of 1999 (15 U.S.C. 6801 to 6809) as that Act existed on January 1, 2020, if personal information that is subject to ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) is also subject to that Act.

(d) A covered entity or vendor that complies with regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, 110 Stat. 1936) and the Health Information Technology for Economic and Clinical Health Act of 2009 (P.L. 111-5, Title XIII, 123 Stat. 226), as those Acts existed on January 1, 2020, if personal information that is subject to ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) is also subject to those Acts.

(10) Notwithstanding the exemptions set forth in subsection (9) of this section, a person, a covered entity or a vendor shall provide to the Attorney General within a reasonable time at least one copy of any notice the person, the covered entity or the vendor sends to consumers or to the person’s, the covered entity’s or the vendor’s primary or functional regulator in compliance with this section or with other state or federal laws or regulations that apply to the person, the covered entity or the vendor as a consequence of a breach of security, if the breach of security affects more than 250 consumers.

(11) Intentionally left blank —Ed.

(a) A person’s violation of a provision of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) is an unlawful practice under ORS 646.607 (Unlawful business, trade practices) .

(b) A covered entity or vendor in an action or proceeding may affirmatively defend against an allegation that the covered entity or vendor has not developed, implemented and maintained reasonable safeguards to protect the security, confidentiality and integrity of personal information that is subject to ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) but is not subject to an Act described in subsection (9)(c) or (d) of this section by showing that, with respect to the personal information that is subject to ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) , the covered entity or vendor developed, implemented and maintained reasonable security measures that would be required for personal information subject to the applicable Act.

(c) The rights and remedies available under this section are cumulative and are in addition to any other rights or remedies that are available under law. [2007 c.759 §3; 2015 c.357 §2; 2018 c.10 §2; 2019 c.180 §3]

Source: Section 646A.604 — Notice of breach of security; delay; methods of notification; contents of notice; application of notice requirement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.112 — OR Code / Title 50 / Chapter 646a / Section 646a.112
646A.112 Injunction of sham sale
Status: in_force

(1) As used in this section:

(a) “Appropriate court” has the meaning given that term in ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) .

(b) “Relevant market” means:

(A) 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

(B) A geographic market that consists of the area in which the persons concerned are involved in the supply of a product or service and in which the conditions of competition are sufficiently homogenous.

(c) “Sham sale” means a going out of business sale, as defined in ORS 646A.100 (Definitions for ORS 646A.100 to 646A.110) , conducted with the intent to continue the same or a similar business in the same location or at a location within the same relevant market but that is a sale that is represented as being conducted due to a cessation of business.

(2) A person may bring an action in an appropriate court to enjoin another person in the same relevant market from conducting a sham sale if the person reasonably believes the other person is conducting a sham sale. The court may provide such equitable relief as it deems necessary or proper.

(3) In an action brought by a person under this section, the court may award reasonable attorney fees to the person.

(4) It is prima facie evidence that a person alleged to be conducting a sham sale has the intent to continue the same or a similar business if:

(a) The person regularly receives additional inventory during the sham sale or, immediately prior to the sham sale, receives additional inventory that is not regularly delivered;

(b) The sham sale exceeds 90 days; or

(c) The same or a similar business that consists of inventory remaining from the sham sale and that has the same principal ownership resumes business in the same relevant market within 12 months from the cessation of the business.

(5) It is an affirmative defense to an action brought under this section that, during an alleged sham sale, the person no longer needed to go out of business and immediately canceled the alleged sham sale. [2007 c.820 §7]

Source: Section 646A.112 — Injunction of sham sale; evidence; attorney fees; defense; definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.132 — OR Code / Title 50 / Chapter 646a / Section 646a.132
646A.132 Renegotiation or extension of lease-purchase agreement
Status: in_force

(1) 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:

(a) The addition or return of property in a multiple item agreement or the substitution of the lease property, if in either case the average payment allocable to a payment period is not changed by more than 10 percent;

(b) A deferral or extension of one or more periodic payments, or portions of a periodic payment;

(c) A reduction in charges in the lease or agreement; and

(d) A lease or agreement involved in a court proceeding.

(2) No disclosures are required for any extension of a lease-purchase agreement. [Formerly 646.257]

Source: Section 646A.132 — Renegotiation or extension of lease-purchase agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.540 — OR Code / Title 50 / Chapter 646a / Section 646a.540
646A.540 Definitions
Status: in_force

(1) As used in ORS 646A.540 (Definitions) to 646A.544 (Local government enforcement) :

(a) “Covered entity” means:

(A) The manufacturer of a covered product that is sold or offered for sale in this state; and

(B) A wholesaler, supplier or retailer that has contractually undertaken responsibility to a manufacturer for labeling or packaging a covered product.

(b) “Covered product” means a consumer product that is sold or offered for sale in this state and that is:

(A) A premoistened nonwoven disposable wipe marketed as a baby wipe or diapering wipe; or

(B) A premoistened nonwoven disposable wipe that is:

(i) Composed partly or entirely of petrochemical-derived fibers; and

(ii) Likely to be used in or near a bathroom and has significant potential to be flushed, including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing and other sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes and body cleansing wipes.

(c) “High contrast” means:

(A) Provided by either a light symbol on a solid dark background or a dark symbol on a solid light background; and

(B) Having at least 70 percent contrast between the symbol artwork and background using the formula [(B1 - B2) / B1] * 100, where B1 is the light reflectance value of the relatively lighter area and B2 is the light reflectance value of the relatively darker area.

(d) “Label notice” means the phrase “Do Not Flush” displayed at a size that is equal to at least two percent of the surface area of the principal display panel, except as follows:

(A) For a covered product regulated under the Federal Hazardous Substances Act, 15 U.S.C. 1261 et seq., and regulations of the United States Consumer Product Safety Commission in 16 C.F.R. 1500.121, if the label notice requirements in this paragraph would result in a type size larger than first aid instructions required under the Federal Hazardous Substances Act or regulations of the United States Consumer Product Safety Commission, the type size for the label notice must, to the extent permitted under federal law, be equal to or greater than the type size required for the first aid instructions; and

(B) For covered products required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., if the label notice requirements in this paragraph would result in a type size on the principal display panel that is larger than a warning required under the Federal Insecticide, Fungicide, and Rodenticide Act, the type size for the label notice must, to the extent permitted under federal law, be equal to or greater than the type size required for the “Keep out of reach of children” statement.

(e) “Principal display panel” means the side of the product package that is most likely to be displayed, presented or shown under customary conditions of display for retail sale and that:

(A) For a cylindrical or nearly cylindrical product package, constitutes 40 percent of the product package, as measured by multiplying the height of the container by the circumference; or

(B) For a flexible film package in which a rectangular or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.

(f) “Special district” means a special district, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and 197A) , that provides wastewater services.

(g) “Symbol” means the “Do Not Flush” symbol or its equivalent, as depicted in the INDA/EDANA Code of Practice, Second Edition, and published within “Guidelines for Assessing the Flushability of Disposable Nonwoven Products,” as in effect on September 25, 2021. The symbol must be sized equal to at least two percent of the surface area of the principal display panel, except as specified in subsection (2)(a)(B)(iii) of this section.

(2) Except as otherwise provided in this section, a covered product that is manufactured after July 1, 2022, must be labeled clearly and conspicuously in accordance with the following requirements:

(a) For cylindrical or nearly cylindrical packaging intended to dispense individual wipes, a covered entity shall:

(A) Place the symbol and label notice on the principal display panel in a location that is reasonably viewable each time a wipe is dispensed; or

(B) Place the symbol on the principal display panel and either the symbol or label notice, or the symbol and label notice in combination, on the flip lid subject to the following requirements:

(i) If the label notice does not appear on the flip lid, the label notice must be placed on the principal display panel.

(ii) The symbol or label notice, or the symbol and label notice in combination, on the flip lid may be embossed, in which case the symbol or label notice, or the symbol and label notice in combination, do not need to comply with the requirement set forth in paragraph (f) of this subsection.

(iii) The symbol or label notice, or the symbol and label notice in combination, on the flip lid must cover a minimum of eight percent of the surface area of the flip lid.

(b) For flexible film packaging intended to dispense individual wipes, a covered entity shall place the symbol on the principal display panel and dispensing side panel and place the label notice on either the principal display panel or dispensing side panel, in a prominent location reasonably visible to the user each time a wipe is dispensed. If the principal display panel is on the dispensing side of the package, two symbols are not required.

(c) For refillable tubs or other rigid packaging intended to dispense individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed.

(d) For packaging not intended to dispense individual wipes, a covered entity shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location.

(e) A covered entity shall ensure that the packaging seams, folds or other package design elements do not obscure the symbol or the label notice.

(f) A covered entity shall ensure that the symbol and the label notice have sufficiently high contrast with the immediate background of the packaging to render them more likely to be seen and read by the ordinary individual under customary conditions of purchase and use.

(3) For covered products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within must comply with the labeling requirements set forth in subsection (2) of this section that apply to the particular packaging types, except the following:

(a) Individual packages contained within the outer package that are not intended to dispense individual wipes and contain no retail labeling; and

(b) Outer packages that do not obscure the symbol and label notice on individual packages contained within.

(4) If a covered product is provided within the same packaging as another consumer product for use in combination with the other product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subsection (2) of this section.

(5) If a covered product is provided within the same packaging as another consumer product for use in combination with the other product and is in a package smaller than three inches by three inches, the covered entity may comply with the requirements of subsection (2) of this section by placing the symbol and label notice in a prominent location reasonably visible to the user of the covered product.

(6) A covered entity, directly or through a corporation, partnership, subsidiary, division, trade name or association in connection to the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale or distribution of a covered product, may not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark or trade name, about the flushable attributes, flushable benefits, flushable performance or flushable efficacy of a covered product.

(7) If a covered product is required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., and the State Department of Agriculture under ORS chapter 634, the covered entity, to the extent permitted under federal law, shall submit a label compliant with the labeling requirements of subsection (2) of this section no later than July 1, 2023, to the United States Environmental Protection Agency and, upon its approval, to the State Department of Agriculture, which shall review the label of the covered product in the manner authorized under ORS chapter 634 and administrative rules adopted under ORS chapter 634. Compliance with the labeling requirements of subsection (2) of this section is not a requirement for pesticide registration under ORS chapter 634.

(8) If the United States Environmental Protection Agency and the State Department of Agriculture do not approve a product label that otherwise complies with the labeling requirements of subsection (2) of this section, the covered entity shall use a label with as many of the requirements of this section as the agency and the department have approved.

(9) A covered entity may include on a covered product words or phrases in addition to those required for the label notice if the words or phrases are consistent with purposes of this section.

(10) Except as expressly authorized by state law, this section supersedes and preempts any ordinance or other regulation enacted before, on or after September 25, 2021, by the governing body of a city, county or other political subdivision of this state that governs labeling requirements for covered products. [2021 c.181 §1]

Source: Section 646A.540 — Definitions; labeling and packaging requirements; preemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.542 — OR Code / Title 50 / Chapter 646a / Section 646a.542
646A.542 Requirement to document compliance
Status: in_force

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 (Definitions) . The information must be written and organized for ease of comprehension. [2021 c.181 §2]

Source: Section 646A.542 — Requirement to document compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.566 — OR Code / Title 50 / Chapter 646a / Section 646a.566
646A.566 Considerations for state agency procurement of lighting devices that contain mercury
Status: repealed

When making procurement decisions on lighting that contains mercury, the Oregon Department of Administrative Services, after consultation with the Department of Environmental Quality, shall request information on mercury content, energy use, lumen output and lighting lifetime from potential suppliers and shall, in accordance with the Public Contracting Code and rules adopted under the Public Contracting Code, issue specifications and make procurement decisions that favor lighting that contains mercury that meets the mercury content standards established by ORS 646A.564 (Standards for mercury content in electric lamps) . [2012 c.52 §4]

Note: 646A.566 (Considerations for state agency procurement of lighting devices that contain mercury) is repealed January 1, 2025. See section 5, chapter 410, Oregon Laws 2023.

Source: Section 646A.566 — Considerations for state agency procurement of lighting devices that contain mercury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.036 — OR Code / Title 50 / Chapter 646a / Section 646a.036
646A.036 Contracts and rules
Status: in_force

Upon request, a health spa must deliver to a prospective buyer copies of the contract required by ORS 646A.034 (Contracts) , 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. [Formerly 646.676]

Source: Section 646A.036 — Contracts and rules; delivery to buyer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 649.050 — OR Code / Title 50 / Chapter 649 / Section 649.050
649.050 Record of registrations
Status: in_force

The Secretary of State shall keep a properly indexed record of registrations that the Secretary of State issues under ORS 649.020 (Registration of name or insignia of organization) and of any altered or canceled registration. [Amended by 2015 c.277 §7]

Source: Section 649.050 — Record of registrations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors649.­html (accessed May 26, 2025).
ORS § 646a.570 — OR Code / Title 50 / Chapter 646a / Section 646a.570
646A.570 Definitions
Status: in_force

As used in ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) :

(1) “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:

(a) 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;

(b) The person has the power to elect or influence the election of a majority of the directors, members or managers of the other person;

(c) The person has the power to direct the management of another person; or

(d) The person is subject to another person’s exercise of the powers described in paragraph (a), (b) or (c) of this subsection.

(2) “Authenticate” means to determine, using commercially reasonable methods, whether a consumer with the rights described in ORS 646A.574 (Consumer requests for personal data) , or a person acting on behalf of the consumer, is the consumer who has asked to exercise, or is a person who has authority to exercise, any of the consumer’s rights.

(3) Intentionally left blank —Ed.

(a) “Biometric data” means personal data generated by automatic measurements of a consumer’s biological characteristics, such as the consumer’s fingerprint, voiceprint, retinal pattern, iris pattern, gait or other unique biological characteristics that allow or confirm the unique identification of the consumer.

(b) “Biometric data” does not include:

(A) A photograph recorded digitally or otherwise;

(B) An audio or video recording;

(C) Data from a photograph or from an audio or video recording, unless the data were generated for the purpose of identifying a specific consumer or were used to identify a particular consumer; or

(D) Facial mapping or facial geometry, unless the facial mapping or facial geometry was generated for the purpose of identifying a specific consumer or was used to identify a specific consumer.

(4) “Business associate” has the meaning given that term in 45 C.F.R. 160.103, as in effect on January 1, 2024.

(5) “Child” means an individual under the age of 13.

(6) “Consent” means an affirmative act by means of which a consumer clearly and conspicuously communicates the consumer’s freely given, specific, informed and unambiguous assent to another person’s act or practice under the following conditions:

(a) The user interface by means of which the consumer performs the act does not have any mechanism that has the purpose or substantial effect of obtaining consent by obscuring, subverting or impairing the consumer’s autonomy, decision-making or choice; and

(b) The consumer’s inaction does not constitute consent.

(7) “Consumer” means a natural person who resides in this state and acts in any capacity other than in a commercial or employment context.

(8) “Controller” means a person that, alone or jointly with another person, determines the purposes and means for processing personal data.

(9) “Covered entity” has the meaning given that term in 45 C.F.R. 160.103, as in effect on January 1, 2024.

(10) “Decisions that produce legal effects or effects of similar significance” means decisions that result in providing or denying financial or lending services, housing, insurance, enrollment in education or educational opportunity, criminal justice, employment opportunities, health care services or access to essential goods and services.

(11) “Deidentified data” means data that:

(a) Cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable consumer, or to a device that identifies, is linked to or is reasonably linkable to a consumer; or

(b) Is:

(A) Derived from patient information that was originally created, collected, transmitted or maintained by an entity subject to regulation under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as in effect on January 1, 2024, or the Federal Policy for the Protection of Human Subjects, codified as 45 C.F.R. part 46 and in various other deferral regulations, as codified in various sections of the Code of Federal Regulations and as in effect on January 1, 2024; and

(B) Deidentified as provided in 45 C.F.R. 164.514, as in effect on January 1, 2024.

(12) “Device” means electronic equipment designed for a consumer’s use that can transmit or receive personal data.

(13) Intentionally left blank —Ed.

(a) “Personal data” means data, derived data or any unique identifier that is linked to or is reasonably linkable to a consumer or to a device that identifies, is linked to or is reasonably linkable to one or more consumers in a household.

(b) “Personal data” does not include deidentified data or data that:

(A) Is lawfully available through federal, state or local government records or through widely distributed media; or

(B) A controller reasonably has understood to have been lawfully made available to the public by a consumer.

(14) “Process” or “processing” means an action, operation or set of actions or operations that is performed, automatically or otherwise, on personal data or on sets of personal data, such as collecting, using, storing, disclosing, analyzing, deleting or modifying the personal data.

(15) “Processor” means a person that processes personal data on behalf of a controller.

(16) “Profiling” means an automated processing of personal data for the purpose of evaluating, analyzing or predicting an identified or identifiable consumer’s economic circumstances, health, personal preferences, interests, reliability, behavior, location or movements.

(17) Intentionally left blank —Ed.

(a) “Sale” or “sell” means the exchange of personal data for monetary or other valuable consideration by the controller with a third party.

(b) “Sale” or “sell” does not include:

(A) A disclosure of personal data to a processor;

(B) A disclosure of personal data to an affiliate of a controller or to a third party for the purpose of enabling the controller to provide a product or service to a consumer that requested the product or service;

(C) A disclosure or transfer of personal data from a controller to a third party as part of a proposed or completed merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of the controller’s assets, including the personal data; or

(D) A disclosure of personal data that occurs because a consumer:

(i) Directs a controller to disclose the personal data;

(ii) Intentionally discloses the personal data in the course of directing a controller to interact with a third party; or

(iii) Intentionally discloses the personal data to the public by means of mass media, if the disclosure is not restricted to a specific audience.

(18) Intentionally left blank —Ed.

(a) “Sensitive data” means personal data that:

(A) Reveals a consumer’s racial or ethnic background, national origin, religious beliefs, mental or physical condition or diagnosis, sexual orientation, status as transgender or nonbinary, status as a victim of crime or citizenship or immigration status;

(B) Is a child’s personal data;

(C) Accurately identifies within a radius of 1,750 feet a consumer’s present or past location, or the present or past location of a device that links or is linkable to a consumer by means of technology that includes, but is not limited to, a global positioning system that provides latitude and longitude coordinates; or

(D) Is genetic or biometric data.

(b) “Sensitive data” as defined in paragraph (a)(C) of this subsection does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.

(19) Intentionally left blank —Ed.

(a) “Targeted advertising” means advertising that is selected for display to a consumer on the basis of personal data obtained from the consumer’s activities over time and across one or more unaffiliated websites or online applications and is used to predict the consumer’s preferences or interests.

(b) “Targeted advertising” does not include:

(A) Advertisements that are based on activities within a controller’s own websites or online applications;

(B) Advertisements based on the context of a consumer’s current search query, visit to a specific website or use of an online application;

(C) Advertisements that are directed to a consumer in response to the consumer’s request for information or feedback; or

(D) A processing of personal data solely for the purpose of measuring or reporting an advertisement’s frequency, performance or reach.

(20) “Third party” means a person, a public corporation, including the Oregon Health and Science University and the Oregon State Bar, or a public body, as defined in ORS 174.109 (“Public body” defined) , other than a consumer, a controller, a processor or an affiliate of a controller or processor. [2023 c.369 §1]

Note: 646A.570 (Definitions) becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.

Source: Section 646A.570 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.467 — OR Code / Title 50 / Chapter 646 / Section 646.467
646.467 Attorney fees
Status: in_force

The court may award reasonable attorney fees to the prevailing party if:

(1) A claim of misappropriation is made in bad faith;

(2) A motion to terminate an injunction is made or resisted in bad faith; or

(3) Willful or malicious misappropriation is found by the court or jury. [1987 c.537 §5]

Source: Section 646.467 — Attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.755 — OR Code / Title 50 / Chapter 646a / Section 646a.755
646A.755 Acts not precluded
Status: in_force

ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) do not preclude an equity seller from:

(1) Seeking to have a transfer of interest under an equity conveyance declared to be an equitable mortgage; or

(2) Asserting any claim against an equity purchaser for an equitable mortgage. [2008 c.19 §15]

Source: Section 646A.755 — Acts not precluded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.608 — OR Code / Title 50 / Chapter 646 / Section 646.608
646.608 Additional unlawful business, trade practices
Status: in_force

(1) A person engages in an unlawful practice if in the course of the person’s business, vocation or occupation the person does any of the following:

(a) Passes off real estate, goods or services as the real estate, goods or services of another.

(b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services.

(c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another.

(d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services.

(e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have.

(f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

(g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another.

(h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.

(i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

(j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions.

(k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred.

(L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers.

(m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling.

(n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611 (Information required to be given by telephone or door to door seller to potential customer) .

(o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction.

(p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service.

(q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised.

(r) Organizes or induces or attempts to induce membership in a pyramid club.

(s) Makes false or misleading representations of fact concerning the offering price of, or the person’s cost for real estate, goods or services.

(t) Concurrent with tender or delivery of any real estate, goods or services fails to disclose any known material defect or material nonconformity.

(u) Engages in any other unfair or deceptive conduct in trade or commerce.

(v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640 (Requirements for auction sales, consignment sales, auctioneers, consignees and auction marts) , whether in a commercial or noncommercial situation.

(w) Manufactures mercury fever thermometers.

(x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is:

(A) Prescribed by a person licensed under ORS chapter 677; and

(B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur.

(y) Sells a thermostat that contains mercury unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, “thermostat” means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature.

(z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches.

(aa) Violates the provisions of ORS 803.375 (False application prohibited) , 803.385 (False swearing relating to registration) or 815.410 (Illegal odometer tampering) to 815.430 (Submitting false odometer disclosure) .

(bb) Violates ORS 646A.070 (Sale of telephonic equipment) (1).

(cc) Violates any requirement of ORS 646A.030 (Definitions for ORS 646A.030 to 646A.042) to 646A.040 (Waiver of provisions of ORS 646A.030 to 646A.042) .

(dd) Violates the provisions of ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) .

(ee) Violates ORS 646.883 (Price comparison in advertisement prohibited) or 646.885 (Use of terms in advertisement containing price comparison) .

(ff) Violates ORS 646.569 (Prohibition of solicitation of party on do-not-call list) or 646A.374 (Prohibited actions) .

(gg) Violates the provisions of ORS 646A.142 (Rental vehicle collision damage waiver notice) .

(hh) Violates ORS 646A.360 (Unsolicited facsimile machine transmissions) .

(ii) Violates ORS 646.553 (Registration of telephonic sellers) or 646.557 (Required disclosures by telephonic seller) or any rule adopted pursuant thereto.

(jj) Violates ORS 646.563 (Telephone solicitation of party who states desire not to be called) .

(kk) Violates ORS 759.680 (Operator service provider duties to service users) or any rule adopted pursuant thereto.

(LL) Violates the provisions of ORS 759.705 (Program message preamble) , 759.710 (Pay-per-call information) and 759.720 (Action against information provider for failure to comply with law) or any rule adopted pursuant thereto.

(mm) Violates ORS 646A.210 (Requiring credit card number as condition for accepting check or share draft prohibited) or 646A.214 (Verification of identity in credit or debit card transactions) .

(nn) Violates any provision of ORS 646A.124 (General disclosure requirements) to 646A.134 (Disclosures required in advertisement for lease-purchase agreements) .

(oo) Violates ORS 646A.095 (Disclosure required when purchaser of product offered technical support through information delivery system) .

(pp) Violates ORS 822.046 (Vehicle dealer’s duty to inform potential buyer if vehicle used for manufacture of controlled substances) .

(qq) Violates ORS 128.001 (Limitations on accepting payment for preparation of trust) .

(rr) Violates ORS 646A.800 (Late fees on delinquent cable service accounts) (2) to (4).

(ss) Violates ORS 646A.090 (Offer to sell or lease motor vehicle under retail installment contract or lease agreement) (2) to (5).

(tt) Violates ORS 87.686 (Rental agreement) .

(uu) Violates ORS 646A.803 (Contest and sweepstakes solicitations) .

(vv) Violates ORS 646A.362 (Exclusion of name from sweepstakes promotion mailing list) .

(ww) Violates ORS 646A.052 (Form of purchase agreement) or any rule adopted under ORS 646A.052 (Form of purchase agreement) or 646A.054 (Rules) .

(xx) Violates ORS 180.440 (Prohibited conduct) (1) or 180.486 (Prohibited conduct) (1).

(yy) Commits the offense of acting as a vehicle dealer without a certificate under ORS 822.005 (Acting as vehicle dealer without certificate) .

(zz) Violates ORS 87.007 (Protection from construction liens perfected after sale of residential property completed) (2) or (3).

(aaa) Violates ORS 92.405 (Sale prohibited where public report not waived) (1), (2) or (3).

(bbb) Engages in an unlawful practice under ORS 646.648 (Unlawful practice by manufactured dwelling dealer) .

(ccc) Violates ORS 646A.365 (Check, draft or payment instrument creating obligation for payment) .

(ddd) Violates ORS 98.853 (Conditions allowing towing) , 98.854 (Prohibitions placed on tower) , 98.856 (Tower responsibility of disclosure to owner or operator of vehicle) or 98.858 (Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature) .

(eee) Sells a gift card in violation of ORS 646A.276 (Sale of gift card that expires, declines in value, includes fee or does not give option to redeem) .

(fff) Violates ORS 646A.102 (Notice of intent to conduct going out of business sale) , 646A.106 (Circumstances in which going out of business sale prohibited) or 646A.108 (Prohibited conduct) .

(ggg) Violates ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) .

(hhh) Violates a provision of ORS 744.318 (Definitions for ORS 744.318 to 744.384) to 744.384 (Rules) .

(iii) Violates a provision of ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant) .

(jjj) Violates ORS 646A.530 (Prohibited sales of certain children’s products) 30 or more days after a recall notice, warning or declaration described in ORS 646A.530 (Prohibited sales of certain children’s products) is issued for the children’s product, as defined in ORS 646A.525 (Definitions for ORS 646A.525 to 646A.535) , that is the subject of the violation.

(kkk) Violates a provision of ORS 697.612 (Registration requirement) , 697.642 (Bond requirement) , 697.652 (Written agreement and budget analysis requirement) , 697.662 (Prohibited practices) , 697.682 (Trust accounts for client funds) , 697.692 (Fees) or 697.707 (Required disclosures) .

(LLL) Violates the consumer protection provisions of the Servicemembers Civil Relief Act, 50 U.S.C. 3901 et seq., as in effect on January 1, 2010.

(mmm) Violates a provision of ORS 646A.480 (Definitions for ORS 646A.480 to 646A.495) to 646A.495 (Owner designee) .

(nnn) Violates ORS 646A.082 (Floral retail sales) .

(ooo) Violates ORS 646.647 (Unlawful use of recording group name) .

(ppp) Violates ORS 646A.115 (Software prohibited that interferes with sale of admission tickets to entertainment events) .

(qqq) Violates a provision of ORS 646A.405 (Manufacturer action under ORS 646A.404) .

(rrr) Violates ORS 646A.092 (Advertisements for sale or lease of motor vehicle) .

(sss) Violates a provision of ORS 646.644 (Free offer) .

(ttt) Violates a provision of ORS 646A.295 (Prohibited actions) .

(uuu) Violates ORS 646A.564 (Standards for mercury content in electric lamps) .

(vvv) Engages in the business of, or acts in the capacity of, an immigration consultant, as defined in ORS 9.280 (Prohibition on acting as immigration consultant) , in this state and for compensation, unless federal law authorizes the person to do so or unless the person is an active member of the Oregon State Bar.

(www) Violates ORS 702.012 (Registration requirement) , 702.029 (Notice to athletic director regarding contact with student athlete) or 702.054 (Notice of contract) .

(xxx) Violates ORS 646A.806 (Website with photographs and information about arrested persons) .

(yyy) Violates ORS 646A.810 (Patent infringement claim made in bad faith) (2).

(zzz) Violates ORS 443.376 (Duties of referral agents) .

(aaaa) Violates a provision of ORS 646A.770 (Definitions) to 646A.787 (Fiduciary responsibilities) .

(bbbb) Violates ORS 815.077 (Providing airbag or automobile supplemental restraint system component that does not comply with federal standards for make, model and year of motor vehicle) .

(2) A representation under subsection (1) of this section or ORS 646.607 (Unlawful business, trade practices) may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.

(3) In order to prevail in an action or suit under ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) , a prosecuting attorney need not prove competition between the parties or actual confusion or misunderstanding.

(4) An action or suit may not be brought under subsection (1)(u) of this section unless the Attorney General has first established a rule in accordance with the provisions of ORS chapter 183 declaring the conduct to be unfair or deceptive in trade or commerce.

(5) Notwithstanding any other provision of ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) , if an action or suit is brought under subsection (1)(xx) of this section by a person other than a prosecuting attorney, relief is limited to an injunction and the prevailing party may be awarded reasonable attorney fees. [1971 c.744 §7 (enacted in lieu of 646.615); 1973 c.235 §2; 1973 c.513 §1; 1975 c.437 §1; 1977 c.195 §2; 1979 c.503 §4; 1983 c.404 §5; 1985 c.251 §10a; 1985 c.538 §3; 1985 c.694 §8; 1985 c.729 §22; 1987 c.626 §5; 1989 c.273 §7; 1989 c.451 §4; 1989 c.458 §3; 1989 c.621 §4; 1989 c.622 §7; 1989 c.623 §3; 1989 c.913 §1; 1991 c.532 §25; 1991 c.672 §8; 1993 c.58 §3; 1993 c.283 §10; 1993 c.582 §11; 1993 c.645 §10; 1993 c.700 §2; 1995 c.713 §6; 1995 c.788 §2; 1997 c.132 §6; 1997 c.806 §2; 1999 c.194 §9; 1999 c.400 §4; 1999 c.669 §3; 1999 c.719 §3; 1999 c.875 §3; 2001 c.924 §§11,13; 2001 c.969 §5; 2003 c.133 §§1,2; 2003 c.486 §§2,3; 2003 c.778 §§4,5; 2003 c.801 §§18,19; 2005 c.42 §§1,2; 2005 c.799 §§2,3; 2007 c.304 §2; 2007 c.538 §18; 2007 c.685 §13; 2007 c.772 §4; 2007 c.820 §8; 2007 c.823 §5; 2008 c.19 §§7,8; 2008 c.31 §§5,6; 2009 c.133 §6; 2009 c.150 §1; 2009 c.170 §1; 2009 c.197 §1; 2009 c.215 §3; 2009 c.310 §2; 2009 c.448 §11; 2009 c.604 §23; 2009 c.711 §21; 2009 c.717 §26; 2011 c.57 §2; 2011 c.502 §3; 2011 c.509 §4; 2012 c.52 §6; 2013 c.54 §8; 2013 c.77 §1; 2013 c.330 §2; 2013 c.493 §5; 2014 c.19 §3; 2015 c.523 §§9,10; 2017 c.113 §§14,15; 2017 c.241 §§2,3; 2017 c.480 §§15,16; 2017 c.656 §§5,6; 2019 c.13 §§59,60; 2019 c.175 §2; 2021 c.578 §12; 2023 c.278 §2; 2023 c.322 §3]

Note: The amendments to 646.608 (Additional unlawful business, trade practices) by section 6, chapter 410, Oregon Laws 2023, become operative January 1, 2025. See section 9, chapter 410, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.

646.608 (Additional unlawful business, trade practices) . (1) A person engages in an unlawful practice if in the course of the person’s business, vocation or occupation the person does any of the following:

(a) Passes off real estate, goods or services as the real estate, goods or services of another.

(b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services.

(c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another.

(d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services.

(e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have.

(f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

(g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another.

(h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.

(i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

(j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions.

(k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred.

(L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers.

(m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling.

(n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611 (Information required to be given by telephone or door to door seller to potential customer) .

(o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction.

(p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service.

(q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised.

(r) Organizes or induces or attempts to induce membership in a pyramid club.

(s) Makes false or misleading representations of fact concerning the offering price of, or the person’s cost for real estate, goods or services.

(t) Concurrent with tender or delivery of any real estate, goods or services, fails to disclose any known material defect or material nonconformity.

(u) Engages in any other unfair or deceptive conduct in trade or commerce.

(v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640 (Requirements for auction sales, consignment sales, auctioneers, consignees and auction marts) , whether in a commercial or noncommercial situation.

(w) Manufactures mercury fever thermometers.

(x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is:

(A) Prescribed by a person licensed under ORS chapter 677; and

(B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur.

(y) Sells a thermostat that contains mercury, unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, “thermostat” means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature.

(z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches.

(aa) Violates the provisions of ORS 803.375 (False application prohibited) , 803.385 (False swearing relating to registration) or 815.410 (Illegal odometer tampering) to 815.430 (Submitting false odometer disclosure) .

(bb) Violates ORS 646A.070 (Sale of telephonic equipment) (1).

(cc) Violates any requirement of ORS 646A.030 (Definitions for ORS 646A.030 to 646A.042) to 646A.040 (Waiver of provisions of ORS 646A.030 to 646A.042) .

(dd) Violates the provisions of ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title) .

(ee) Violates ORS 646.883 (Price comparison in advertisement prohibited) or 646.885 (Use of terms in advertisement containing price comparison) .

(ff) Violates ORS 646.569 (Prohibition of solicitation of party on do-not-call list) or 646A.374 (Prohibited actions) .

(gg) Violates the provisions of ORS 646A.142 (Rental vehicle collision damage waiver notice) .

(hh) Violates ORS 646A.360 (Unsolicited facsimile machine transmissions) .

(ii) Violates ORS 646.553 (Registration of telephonic sellers) or 646.557 (Required disclosures by telephonic seller) or any rule adopted pursuant thereto.

(jj) Violates ORS 646.563 (Telephone solicitation of party who states desire not to be called) .

(kk) Violates ORS 759.680 (Operator service provider duties to service users) or any rule adopted pursuant thereto.

(LL) Violates the provisions of ORS 759.705 (Program message preamble) , 759.710 (Pay-per-call information) and 759.720 (Action against information provider for failure to comply with law) or any rule adopted pursuant thereto.

(mm) Violates ORS 646A.210 (Requiring credit card number as condition for accepting check or share draft prohibited) or 646A.214 (Verification of identity in credit or debit card transactions) .

(nn) Violates any provision of ORS 646A.124 (General disclosure requirements) to 646A.134 (Disclosures required in advertisement for lease-purchase agreements) .

(oo) Violates ORS 646A.095 (Disclosure required when purchaser of product offered technical support through information delivery system) .

(pp) Violates ORS 822.046 (Vehicle dealer’s duty to inform potential buyer if vehicle used for manufacture of controlled substances) .

(qq) Violates ORS 128.001 (Limitations on accepting payment for preparation of trust) .

(rr) Violates ORS 646A.800 (Late fees on delinquent cable service accounts) (2) to (4).

(ss) Violates ORS 646A.090 (Offer to sell or lease motor vehicle under retail installment contract or lease agreement) (2) to (5).

(tt) Violates ORS 87.686 (Rental agreement) .

(uu) Violates ORS 646A.803 (Contest and sweepstakes solicitations) .

(vv) Violates ORS 646A.362 (Exclusion of name from sweepstakes promotion mailing list) .

(ww) Violates ORS 646A.052 (Form of purchase agreement) or any rule adopted under ORS 646A.052 (Form of purchase agreement) or 646A.054 (Rules) .

(xx) Violates ORS 180.440 (Prohibited conduct) (1) or 180.486 (Prohibited conduct) (1).

(yy) Commits the offense of acting as a vehicle dealer without a certificate under ORS 822.005 (Acting as vehicle dealer without certificate) .

(zz) Violates ORS 87.007 (Protection from construction liens perfected after sale of residential property completed) (2) or (3).

(aaa) Violates ORS 92.405 (Sale prohibited where public report not waived) (1), (2) or (3).

(bbb) Engages in an unlawful practice under ORS 646.648 (Unlawful practice by manufactured dwelling dealer) .

(ccc) Violates ORS 646A.365 (Check, draft or payment instrument creating obligation for payment) .

(ddd) Violates ORS 98.853 (Conditions allowing towing) , 98.854 (Prohibitions placed on tower) , 98.856 (Tower responsibility of disclosure to owner or operator of vehicle) or 98.858 (Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature) .

(eee) Sells a gift card in violation of ORS 646A.276 (Sale of gift card that expires, declines in value, includes fee or does not give option to redeem) .

(fff) Violates ORS 646A.102 (Notice of intent to conduct going out of business sale) , 646A.106 (Circumstances in which going out of business sale prohibited) or 646A.108 (Prohibited conduct) .

(ggg) Violates ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) .

(hhh) Violates a provision of ORS 744.318 (Definitions for ORS 744.318 to 744.384) to 744.384 (Rules) .

(iii) Violates a provision of ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant) .

(jjj) Violates ORS 646A.530 (Prohibited sales of certain children’s products) 30 or more days after a recall notice, warning or declaration described in ORS 646A.530 (Prohibited sales of certain children’s products) is issued for the children’s product, as defined in ORS 646A.525 (Definitions for ORS 646A.525 to 646A.535) , that is the subject of the violation.

(kkk) Violates a provision of ORS 697.612 (Registration requirement) , 697.642 (Bond requirement) , 697.652 (Written agreement and budget analysis requirement) , 697.662 (Prohibited practices) , 697.682 (Trust accounts for client funds) , 697.692 (Fees) or 697.707 (Required disclosures) .

(LLL) Violates the consumer protection provisions of the Servicemembers Civil Relief Act, 50 U.S.C. 3901 et seq., as in effect on January 1, 2010.

(mmm) Violates a provision of ORS 646A.480 (Definitions for ORS 646A.480 to 646A.495) to 646A.495 (Owner designee) .

(nnn) Violates ORS 646A.082 (Floral retail sales) .

(ooo) Violates ORS 646.647 (Unlawful use of recording group name) .

(ppp) Violates ORS 646A.115 (Software prohibited that interferes with sale of admission tickets to entertainment events) .

(qqq) Violates a provision of ORS 646A.405 (Manufacturer action under ORS 646A.404) .

(rrr) Violates ORS 646A.092 (Advertisements for sale or lease of motor vehicle) .

(sss) Violates a provision of ORS 646.644 (Free offer) .

(ttt) Violates a provision of ORS 646A.295 (Prohibited actions) .

(uuu) Engages in the business of, or acts in the capacity of, an immigration consultant, as defined in ORS 9.280 (Prohibition on acting as immigration consultant) , in this state and for compensation, unless federal law authorizes the person to do so or unless the person is an active member of the Oregon State Bar.

(vvv) Violates ORS 702.012 (Registration requirement) , 702.029 (Notice to athletic director regarding contact with student athlete) or 702.054 (Notice of contract) .

(www) Violates ORS 646A.806 (Website with photographs and information about arrested persons) .

(xxx) Violates ORS 646A.810 (Patent infringement claim made in bad faith) (2).

(yyy) Violates ORS 443.376 (Duties of referral agents) .

(zzz) Violates a provision of ORS 646A.770 (Definitions) to 646A.787 (Fiduciary responsibilities) .

(aaaa) Violates ORS 815.077 (Providing airbag or automobile supplemental restraint system component that does not comply with federal standards for make, model and year of motor vehicle) .

(2) A representation under subsection (1) of this section or ORS 646.607 (Unlawful business, trade practices) may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.

(3) In order to prevail in an action or suit under ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) , a prosecuting attorney need not prove competition between the parties or actual confusion or misunderstanding.

(4) An action or suit may not be brought under subsection (1)(u) of this section unless the Attorney General has first established a rule in accordance with the provisions of ORS chapter 183 declaring the conduct to be unfair or deceptive in trade or commerce.

(5) Notwithstanding any other provision of ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) , if an action or suit is brought under subsection (1)(xx) of this section by a person other than a prosecuting attorney, relief is limited to an injunction, and the prevailing party may be awarded reasonable attorney fees.

Source: Section 646.608 — Additional unlawful business, trade practices; proof; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 650.120 — OR Code / Title 50 / Chapter 650 / Section 650.120
650.120 Definitions for ORS 650.120 to 650.170
Status: in_force

For the purposes of ORS 650.120 (Definitions for ORS 650.120 to 650.170) to 650.170 (Dealer’s remedy) :

(1) “Dealer” means any person who has been issued a vehicle dealer certificate under ORS 822.020 (Issuance and renewal of certificate) and pursuant to a franchise from a manufacturer, distributor or importer engages in buying, selling, leasing or exchanging new motor vehicles.

(2) “Dealership” means the location from which a dealer buys, sells, leases, trades, stores, takes on consignment or in any other manner deals in new motor vehicles.

(3) “Distributor” means a person who sells or distributes motor vehicles other than motor homes to motor vehicle dealers.

(4) “Fleet owner” means a person in this state who at one time buys or leases for use in a business:

(a) 15 or more motor vehicles with a gross vehicle weight rating of less than 8,500 pounds; or

(b) 50 or more vehicles with a gross vehicle weight rating of 8,500 pounds or more.

(5) “Franchise” means a contract or agreement under which:

(a) The franchisee is granted the right to sell, lease and exchange new motor vehicles manufactured, distributed or imported by the franchisor;

(b) The franchisee’s business is an independent business operating as a component of a distribution or marketing system prescribed in substantial part by the franchisor;

(c) The franchisee’s business is substantially associated with the trademark, trade name, commercial symbol or advertisements designating the franchisor or the products distributed by the franchisor;

(d) The franchisee’s business is substantially reliant on the franchisor for a continued supply of motor vehicles, parts and accessories;

(e) The franchisee is granted the right to perform warranty repairs authorized by the franchisor; and

(f) The franchisee is granted the right to sell, install and exchange parts, equipment and accessories manufactured, distributed or imported by the franchisor for use in or on motor vehicles.

(6) “Franchisee” means a dealer to whom a franchise is granted.

(7) “Franchisor” means a manufacturer, distributor or importer who grants a franchise to a dealer.

(8) “Importer” means a person who transports or arranges for the transportation of any foreign manufactured new motor vehicle into the United States for sale in this state.

(9) “Manufacturer” means a person who manufactures or assembles motor vehicles or who manufactures or installs on previously assembled truck chassis special bodies or equipment, other than motor homes, that when installed forms an integral part of the motor vehicle and constitutes a major manufacturing alteration and which completed unit is owned by the manufacturer.

(10) “Manufacturer’s suggested retail price” means the retail price of the new motor vehicle suggested by the manufacturer, including the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the dealer that is not included within the retail price suggested by the manufacturer for the new motor vehicle without the accessory or optional equipment.

(11) “Motor home” means a motor vehicle that is designed to provide temporary living quarters and is built into an integral part of, or is permanently attached to, a self-propelled motor vehicle chassis or van. The vehicle must contain permanently installed independent life support systems and provide at least four of the following facilities:

(a) Cooking;

(b) Refrigeration or ice box;

(c) Self-contained toilet;

(d) Heating or air conditioning;

(e) A potable water supply system including a faucet and sink; or

(f) A separate 110-120 volt electrical power supply or liquefied petroleum gas supply.

(12) “Motor vehicle” means:

(a) A self-propelled device, other than a motor home, used:

(A) For transportation of persons or property upon a public highway; or

(B) In construction; or

(b) A trailer with a gross vehicle weight rating of 20,000 pounds or more that is used for commercial transportation on a public highway.

(13) “Predecessor in interest” means a manufacturer, distributor or importer that transferred to another manufacturer, distributor or importer, whether through sale or other means, the right to manufacture, distribute or import motor vehicles using the manufacturer’s, distributor’s or importer’s trademark, service mark, trade name, logotype or other commercial symbol.

(14) “Qualified vendor” means a person with a contract or agreement to sell goods or services to a manufacturer, distributor or importer.

(15) “Relevant market area” means:

(a) For a dealer primarily of motor vehicles with a gross vehicle weight rating of less than 8,500 pounds, a circular area around an existing dealership of:

(A) Not less than a 10-mile radius from the dealership site;

(B) Not less than a 15-mile radius from the dealership site if the population is less than 250,000 within a 10-mile radius from the existing dealership and 150,000 or more within a 15-mile radius from the existing dealership;

(C) Not less than a 20-mile radius from the dealership site if the population is less than 150,000 within a 15-mile radius from the existing dealership; or

(D) The area of sales and service responsibility determined under the franchise agreement if the area is larger than the areas provided for in this paragraph.

(b) For a dealer primarily of motor vehicles with a gross vehicle weight rating of 8,500 pounds or more, a circular area around an existing dealership of:

(A) Not less than a 25-mile radius from the dealership site; or

(B) The area of sales and service responsibility determined under the franchise agreement if the area is larger than the area provided for in subparagraph (A) of this paragraph.

(16) “Replacement dealer” means any person who, at a dealership where the former dealer was franchised by the same manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s predecessor in interest, has been issued a vehicle dealer certificate under ORS 822.020 (Issuance and renewal of certificate) and pursuant to a franchise from a manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s predecessor in interest, engages in buying, selling, leasing or exchanging new motor vehicles.

(17) “Site-control agreement” means an agreement between a franchisor and franchisee pursuant to which the franchisor would:

(a) Control the use and development of a dealership site other than as permitted in ORS 650.120 (Definitions for ORS 650.120 to 650.170) to 650.170 (Dealer’s remedy) ;

(b) Require a franchisee to establish or maintain an exclusive dealership under a franchise agreement with the franchisor by not investing in, managing or sharing another dealership with a different franchisor; or

(c) Restrict the ability of a franchisee, or if the franchisee leases the dealership, the ability of the franchisee’s lessor, to transfer, assign, sell, lease, develop or change the use of the dealership site.

(18) “Successor in interest” means a manufacturer, distributor or importer that acquires, whether through purchase, transfer or other means, the right to manufacture, distribute or import motor vehicles using the trademark, service mark, trade name, logotype or other commercial symbol of another manufacturer, distributor or importer. [1980 c.3 §1; 1993 c.216 §1; 1999 c.660 §1; 2001 c.216 §1; 2001 c.825 §1; 2003 c.411 §1; 2005 c.211 §1; 2009 c.627 §3; 2009 c.790 §11; 2011 c.177 §1]

Source: Section 650.120 — Definitions for ORS 650.120 to 650.170 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.514 — OR Code / Title 50 / Chapter 646a / Section 646a.514
646A.514 Scope of remedies
Status: in_force

Remedies available under ORS 646A.508 (Penalties) and 646A.512 (Private right of action) are in addition to any other remedies available under law to an aggrieved party. [Formerly 646.507]

CHILDREN’S PRODUCTS

Source: Section 646A.514 — Scope of remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.480 — OR Code / Title 50 / Chapter 650 / Section 650.480
650.480 Remedies
Status: in_force

(1) A dealer injured by a warrantor’s violation of ORS 650.390 (Dealer compensation for warranty service) , 650.400 (Recalls) , 650.410 (Dealer’s warranty obligations) or 650.460 (Indemnification) may bring a civil action against the warrantor to recover the dealer’s actual damages.

(2) A warrantor injured by a dealer’s violation of ORS 650.410 (Dealer’s warranty obligations) or 650.460 (Indemnification) may bring a civil action against the dealer to recover the warrantor’s actual damages.

(3) The court shall award reasonable attorney fees to the prevailing party in an action under this section. [2003 c.377 §19]

Source: Section 650.480 — Remedies; warrantor and dealer; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.222 — OR Code / Title 50 / Chapter 646a / Section 646a.222
646A.222 Charge card solicitation
Status: in_force

(1) 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.

(2) As used in this section:

(a) “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 charge and the card holder does not have automatic access to credit repayable in installments.

(b) “Reasonable time” means the period beginning at the time of publication of a magazine, newspaper or other publication and ending at the time of the next publication of the magazine, newspaper or other publication, but in no case shall the period exceed 90 days following the date of publication.

(c) “Solicitation” means printed material primarily offering to issue a charge card including printed material mailed directly to a person by name that contains an application for or an offer to issue a charge card in the person’s name, application materials available at the charge card issuer’s place of business or other locations or application materials, printed advertisements or other printed information or materials contained in a magazine, newspaper or other publication which shall be considered current at the time of publication and for a reasonable time thereafter. “Solicitation” does not include material which only refers to charge cards as one of the services provided by the issuer nor does it include offers made by radio or television or through a catalog. “Solicitation” does not include an incidental reference to a charge card in the printed material. [Formerly 646.897]

Source: Section 646A.222 — Charge card solicitation; required disclosure; definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.320 — OR Code / Title 50 / Chapter 645 / Section 645.320
645.320 Effect of chapter on Oregon Securities Law
Status: in_force

Nothing in this chapter shall impair, derogate or otherwise affect the authority or powers of the director under the Oregon Securities Law or the application of any provision thereof to any person or transaction. [1987 c.148 §9]

Source: Section 645.320 — Effect of chapter on Oregon Securities Law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646a.154 — OR Code / Title 50 / Chapter 646a / Section 646a.154
646A.154 Service contract defined
Status: in_force

(1) Intentionally left blank —Ed.

(a) 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 indemnity under limited circumstances, including but not limited to rental and emergency road service. A service contract may also provide for:

(A) Repairing, replacing or maintaining property for damage that results from lightning, power surges or accidental damage from handling;

(B) Repairing or replacing tires or wheels on a motor vehicle damaged as a result of contacting a road hazard;

(C) Removing dents, dings, creases or other damage on a motor vehicle that a process of paintless dent removal can repair without affecting an existing paint finish or replacing vehicle body panels, sanding, bonding or repainting;

(D) Repairing chips or cracks in motor vehicle windshields or replacing motor vehicle windshields because of damage that results from road hazards;

(E) Replacing motor vehicle keys or key fobs that become inoperable or that are lost or stolen;

(F) Paying specified incidental costs that result from the failure of a vehicle protection product, as defined in ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) , to perform according to the specifications for the vehicle protection product; and

(G) Other services the Director of the Department of Consumer and Business Services specifies by rule, to the extent that the services are similar to services described in this paragraph.

(b) For the purposes of this section, a service contract does not include coverage for repairing damage to or replacing components of a motor vehicle’s interior or exterior paint or finish unless the service contract provides the services described in this paragraph in connection with the sale of a vehicle protection product, as defined in ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) .

(c) Consideration for a service contract must be stated separately from the price of the consumer product.

(d) For purposes of this section, a service contract does not include insurance policies that insurers issue under the Insurance Code or maintenance agreements.

(2) An obligor may not issue, sell or offer for sale a service contract in this state unless the obligor has complied with the provisions of this section and ORS 646A.156 (Required contents of service contracts) and 646A.158 (Prohibited conduct) .

(3) All obligors of service contracts issued, sold or covering property located in this state shall file a registration with the Department of Consumer and Business Services on a form, at a fee and at a frequency that the director specifies under ORS 646A.168 (Assessment fee) .

(4) An obligor shall keep accurate accounts, books and records concerning transactions that involve service contracts.

(5) Except as provided in subsection (6) of this section, to ensure the faithful performance of an obligor’s obligations to the obligor’s contract holders, each obligor shall provide the director with one of the following as proof of financial stability:

(a) A copy of the obligor’s most recent Form 10-K that the obligor or the obligor’s parent company, if the obligor consolidates financial statements with a parent company, filed with the Securities and Exchange Commission. A Form 10-K that the obligor or the obligor’s parent company filed within the last calendar year must show that the obligor or the obligor’s parent company has a net worth of at least $100 million. If the obligor’s parent company files the Form 10-K to meet the obligor’s financial stability requirement, the parent company shall agree to guarantee the obligations the obligor has in service contracts the obligor sells in this state.

(b) Evidence of a reimbursement insurance policy described in ORS 742.390 (Reimbursement insurance policy) that an authorized insurer issues to the obligor and that insures all service contracts the obligor sells.

(6) Intentionally left blank —Ed.

(a) An obligor of a home service agreement as defined in ORS 731.164 (“Home protection insurance,” “home protection insurer.”) shall file with the director a surety bond executed to the State of Oregon in the sum of $25,000. The surety bond must be issued by a surety company authorized to do business in this state. An obligor of a home service agreement does not need to file proof of financial stability under subsection (5) of this section.

(b) The surety bond described in paragraph (a) of this subsection must be issued on the condition that the obligor comply with all provisions of ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) and fully perform on all contracts or agreements into which the obligor enters.

(c) The surety bond must be continuous until canceled and must remain in full force and unimpaired at all times to comply with this section. The surety shall give the director at least 30 days’ written notice by registered or certified mail before the surety cancels or terminates the surety’s liability under the bond.

(d) Any person who suffers damage as a result of a violation of any provision of ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) or any rule the director adopts pursuant to ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) has a right of action under the bond. The state or a person with a right of action may bring an action under the bond by filing a complaint in a court of competent jurisdiction not later than one year after the surety bond is canceled or terminated. The court may award the prevailing plaintiff reasonable attorney fees and costs in an action under the bond.

(e) The aggregate liability of the surety may not exceed the principal sum of the bond.

(7) Filing requirements are as follows:

(a) The obligor shall file with the director proof of financial stability or a surety bond as required by subsection (5) or (6) of this section.

(b) The director by rule may specify the procedure for filing the proof of financial stability or the surety bond.

(c) A person may not file or cause to be filed with the director any article, certificate, report, statement, application or any other information required or permitted to be filed under this subsection that the person knows is false or misleading in any material respect.

(8) Service contract sellers and employees of service contract sellers that market, sell or offer to sell service contracts for obligors who comply with this section and ORS 646A.156 (Required contents of service contracts) and 646A.158 (Prohibited conduct) are exempt from the requirements of the Insurance Code including, but not limited to, the requirement to belong to the Oregon Insurance Guaranty Association.

(9) Obligors that comply with ORS 646A.156 (Required contents of service contracts) and 646A.158 (Prohibited conduct) do not need to comply with the Insurance Code including, but not limited to, the requirement to belong to the Oregon Insurance Guaranty Association.

(10) If a service contract seller is not the same person as the obligor under the service contract, the service contract seller shall remit the agreed-upon consumer purchase price of the service contract to the obligor within 30 days after selling the service contract or in accordance with terms and conditions to which the service contract seller and obligor agree in writing. [Formerly 646.267; 2013 c.527 §2]

Source: Section 646A.154 — Service contract defined; registration; proof of financial stability; bond; action; rules; applicability of Insurance Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.180 — OR Code / Title 50 / Chapter 646 / Section 646.180
646.180 Illegal contracts
Status: in_force

Any contract, express or implied, made by any person in violation of any of the provisions of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) is an illegal contract and no recovery thereon shall be had.

Source: Section 646.180 — Illegal contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.569 — OR Code / Title 50 / Chapter 646 / Section 646.569
646.569 Prohibition of solicitation of party on do-not-call list
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list:

(A) Published by the administrator of the telephone solicitation program established under ORS 646.572 (Administration of telephone solicitation program through contract or by designation of federal registry) and 646.574 (List of persons who do not wish to receive telephone solicitations) ; or

(B) Maintained as part of the federal registry designated under ORS 646.572 (Administration of telephone solicitation program through contract or by designation of federal registry) .

(b) If a person knows or consciously avoids knowing that another person is engaging in an act or practice that violates the provisions of paragraph (a) of this subsection and the person nonetheless provides substantial assistance or support for the violation, including permitting, carrying or facilitating calls that violate paragraph (a) of this subsection, the person is liable for any loss and subject to any penalty for the violation to the same extent as the person that engaged in the violation of paragraph (a) of this subsection.

(c) A violation of paragraph (a) of this subsection is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) .

(d) Paragraphs (b) and (c) of this subsection do not apply to:

(A) A telecommunications utility or cooperative corporation when engaged in providing a telecommunications service and operating as a common carrier, as defined in 47 U.S.C. 153(11), as in effect on September 24, 2023, including a radio common carrier that engages in providing cellular communications services for hire; and

(B) A person that enables another person to complete a voice communication by means of a network that the person operates and on which the voice communication terminates.

(2) For purposes of this section:

(a) “Cooperative corporation” means a cooperative corporation or unincorporated association that has a certificate of authority from the Public Utility Commission under ORS 759.025 (Certificates of authority for persons, companies and corporations providing services on January 1, 1986) .

(b) “Predecessor of the business enterprise” means a financial institution as defined in 15 U.S.C. 6827 that has:

(A) Merged with or been acquired by the business enterprise for which the person is calling; or

(B) Sold or assigned an account of a party who has previously purchased from the business enterprise, to the business enterprise for which the person is calling.

(c) “Radio common carrier” has the meaning given that term in ORS 759.005 (Definitions) .

(d) “Telecommunications service” has the meaning given that term in ORS 759.005 (Definitions) .

(e) “Telecommunications utility” has the meaning given that term in ORS 759.005 (Definitions) .

(f) “Telephone solicitation” does not include a person soliciting business from prospective purchasers who have previously purchased from:

(A) The person making the solicitation;

(B) The business enterprise for which the person is calling; or

(C) A predecessor of the business enterprise for which the person is calling. [1989 c.451 §2; 1999 c.564 §1; 2001 c.503 §1; 2007 c.441 §5; 2023 c.322 §1]

Source: Section 646.569 — Prohibition of solicitation of party on do-not-call list; liability for assistance or support; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.735 — OR Code / Title 50 / Chapter 646a / Section 646a.735
646A.735 Written contract
Status: reserved

(1) 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:

(a) Be written in a language that is spoken by the equity seller and that was used in discussions between the equity seller and equity purchaser to describe the equity purchaser’s services or to negotiate the terms of the contract and, except as provided in paragraph (f) of this subsection, be printed in at least 12-point type;

(b) Contain the entire agreement of the parties;

(c) Be dated and personally signed by the equity seller and the equity purchaser and witnessed by a notary public;

(d) Contain on the first page the name and address, facsimile number and electronic mail address of the settlement agent to which a notice of cancellation may be delivered;

(e) Describe in detail the terms of the equity conveyance including:

(A) The name and business address, and any telephone number, facsimile number and electronic mail address, of the person to whom the equity seller will transfer an interest in the residence in foreclosure;

(B) The address of the residence in foreclosure;

(C) The total consideration the equity purchaser and any other party are to give as a result of the transfer of interest;

(D) The time at which the interest is to be transferred to the equity purchaser or other person and the terms of the transfer;

(E) Any financial or legal obligations that the equity seller may remain subject to, including a description of any mortgages, liens or other obligations that will remain in place;

(F) Any services the equity purchaser will perform for the equity seller before or after the transfer of interest;

(G) Intentionally left blank —Ed.

(i) The terms of any post-transfer conveyance or agreement for a conveyance to the equity seller to allow the equity seller to remain in the home, including but not limited to the terms of any rental agreement, repurchase agreement, contract for deed, land installment contract or option to buy; and

(ii) Any provisions for eviction or removal of the equity seller in the case of late payment;

(H) An explanation of how any repurchase price or fee associated with any conveyance of title or deed back to the equity seller will be calculated; and

(I) An explanation of the percentage of any equity recapture payment the equity seller is to receive if the equity seller does not exercise a right to receive back a conveyance of title or deed; and

(f) Contain, in immediate proximity to the space reserved for the equity seller’s signature, a notice in substantially the following form and printed in at least 14-point boldfaced type:

THIS IS AN IMPORTANT LEGAL CONTRACT. YOU ARE TRANSFERRING YOUR DEED OR TITLE AND THIS COULD RESULT IN THE PERMANENT LOSS OF YOUR HOME. CONTACT A LAWYER OR OTHER PROFESSIONAL ADVISER BEFORE SIGNING.

YOU MAY CANCEL THIS CONTRACT WITHIN THREE (3) BUSINESS DAYS.

If you cancel, you must pay for services that were provided under this contract before cancellation and repay any money spent on your behalf under this contract. You have 60 days after cancellation to pay for the services and repay any money spent on your behalf. You must also pay any interest allowed by this contract, which may not exceed nine percent per year.

The law requires that this contract contain the entire agreement. You should not rely on any other written or oral agreement or promise.

(2) An equity conveyance contract provision is void if the provision provides for an equity seller to:

(a) Waive any rights of the equity seller under ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) ;

(b) Consent to jurisdiction for litigation or dispute resolution in a state other than Oregon;

(c) Consent to a choice of laws provision that applies the laws of a state other than Oregon;

(d) Consent to venue in a county other than the county in which the residential real property is located; or

(e) Pay any costs or fees that the equity purchaser or a person acting in association with the equity purchaser incurred to enforce the contract, other than court costs and filing fees incurred in a successful circuit court action.

(3) An equity conveyance may not be carried out using a power of attorney from the equity seller to the equity purchaser or a person acting in association with the equity purchaser. [2008 c.19 §11]

Source: Section 646A.735 — Written contract; requirements; void provisions; power of attorney prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.150 — OR Code / Title 50 / Chapter 650 / Section 650.150
650.150 Enjoining establishment of certain franchises or relocation of existing dealership in same market area
Status: in_force

(1) A dealer or former dealer may enjoin a manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, from franchising an additional motor vehicle dealership of the same line-make within the dealer’s or former dealer’s relevant market area for good cause, provided that the dealer files a complaint with a court of competent jurisdiction within 60 days of receiving the notice specified in subsection (6) of this section. For purposes of this section, “relevant market area” has the meaning given that term in ORS 650.120 (Definitions for ORS 650.120 to 650.170) , but other factors such as actual sales and service area must be considered.

(2) A dealer or former dealer may enjoin a manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, from relocating an existing motor vehicle dealership of the same line-make within the dealer’s or former dealer’s relevant market area for good cause, provided that the dealer or former dealer files a complaint with a court of competent jurisdiction within 60 days of receiving the notice specified in subsection (6) of this section. This subsection does not apply to an existing dealership or to the dealership of a replacement dealer that is relocating to a site within a one-mile radius of its existing site if the relevant market area of the existing or replacement dealership is not more than 10 miles, within a two-mile radius of its existing site if the relevant market area of the existing or replacement dealership is not more than 15 miles and within a three-mile radius of the existing site if the relevant market area of the existing or replacement dealership is more than 15 miles.

(3) Intentionally left blank —Ed.

(a) A dealer or former dealer may enjoin a manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, from franchising a replacement dealer to operate a dealership of the same line-make within the dealer’s or former dealer’s relevant market area for good cause, provided that the franchising of the replacement dealer has not occurred within one year of the expiration or termination of the former franchise and the dealer files a complaint with a court of competent jurisdiction within 60 days of receiving the notice specified in subsection (6) of this section. For the purposes of this section, “relevant market area” has the meaning given that term in ORS 650.120 (Definitions for ORS 650.120 to 650.170) , but other factors such as actual sales and service area must be considered.

(b) Notwithstanding paragraph (a) of this subsection, when good cause exists as provided in subsection (5) of this section, a dealer or former dealer may enjoin a manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, under this subsection within five years of the expiration or termination of the former franchise without regard to when the franchising of the replacement dealer took place or will take place.

(4) In determining whether good cause exists pursuant to subsection (1), (2) or (3) of this section, the court may consider all factors that the court considers relevant, but in any case shall consider the following factors:

(a) Whether threats or other coercive action, oral or written, were made to or taken against the dealer by the manufacturer, distributor or importer.

(b) Whether the dealer is asked to terminate one franchise in order to keep another franchise.

(c) Whether the manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, breached the terms or provisions of a franchise.

(d) Whether the manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, engaged in conduct prohibited under ORS 650.130 (Prohibited conduct by manufacturer, distributor or importer) .

(e) Whether the manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, canceled, terminated or refused to continue a franchise without good cause under ORS 650.140 (Good cause required to terminate dealer franchise) .

(f) Whether there will be an unjustifiable adverse effect upon existing dealers because of the grant of the new franchise or the relocation of an existing franchise. For purposes of this paragraph, the court may consider all factors that the court determines relevant, but in any case shall consider the following factors:

(A) The extent, nature and permanency of the investment of the existing motor vehicle dealers and the proposed motor vehicle dealer.

(B) The effect on the retail motor vehicle business in the relevant market area.

(C) The growth or decline in population and in new motor vehicle registrations in the relevant market area.

(g) The effect on consumers in the relevant market area. For purposes of this paragraph, the court may consider all factors that the court determines relevant, but in any case shall consider the following factors in the relevant market area:

(A) The adequacy and convenience of existing motor vehicle sales facilities and service facilities.

(B) The supply of motor vehicle parts and qualified service personnel.

(C) The existence of competition among existing dealers.

(5) Intentionally left blank —Ed.

(a) Notwithstanding subsection (4) of this section, good cause as used in this section shall be deemed to exist without consideration of any other factors when a dealer or former dealer’s franchise was canceled, terminated or not continued for any reason other than good cause pursuant to the terms of the franchise agreement or as a result of the manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, having breached the terms of the franchise agreement.

(b) A manufacturer, distributor or importer, or a manufacturer’s, distributor’s or importer’s successor in interest, enjoined for good cause under this subsection shall offer the franchise sought to be granted or relocated to the dealer or former dealer whose franchise was canceled, terminated or not continued. The dealer or former dealer shall have 60 days within which to accept or reject the offer required under this paragraph. Only after a dealer or former dealer has declined, rejected or failed to respond to the offer required under this paragraph, may the manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, offer to grant the franchise to another dealer or replacement dealer or relocate an existing motor vehicle dealership.

(6) A manufacturer, distributor or importer must give a dealer or former dealer at least 60 days’ written notice prior to franchising a new dealership of the same line-make or authorizing the relocation of another dealership of the same line-make within the relevant market area of the dealer’s or former dealer’s dealership. Notice under this subsection must be given to all dealers and former dealers of the same line-make within the relevant market area of the site of the proposed new or relocated dealership.

(7) If a dealer or former dealer enjoins or files an action to enforce rights arising under this section against a manufacturer, distributor or importer, or a manufacturer’s, distributor’s or importer’s successor in interest, the manufacturer, distributor or importer, or the manufacturer’s, distributor’s or importer’s successor in interest, shall pay the dealer’s or former dealer’s court costs and attorney fees if the dealer or former dealer prevails regardless of whether a new dealership was actually established. [1980 c.3 §4; 1985 c.67 §1; 1993 c.216 §2; 1999 c.660 §3; 2009 c.627 §5]

Source: Section 650.150 — Enjoining establishment of certain franchises or relocation of existing dealership in same market area; complaint; determination of good cause; when offer of new franchise or relocated dealership required; notice to existing or former dealerships; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 647.708 — OR Code / Title 50 / Chapter 647 / Section 647.708
647.708 Requirement for performing rights society to have authorization to do business in state
Status: in_force

A performing rights society may not collect royalties, fees, penalties or other amounts for performing copyrighted musical works or enter into a contract to collect royalties for performing a copyrighted musical work unless the performing rights society is authorized to do business in this state. This section does not apply to a performing rights society that by law is exempt from a requirement to have an authorization to do business in this state. [2018 c.28 §3]

Note: See note under 647.700 (Definitions for ORS 647.700 to 647.730) .

Source: Section 647.708 — Requirement for performing rights society to have authorization to do business in state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.232 — OR Code / Title 50 / Chapter 646a / Section 646a.232
646A.232 Effect of compliance with federal law
Status: in_force

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 (Credit card solicitation) and 646A.222 (Charge card solicitation) . [Formerly 646.901]

Source: Section 646A.232 — Effect of compliance with federal law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.061 — OR Code / Title 50 / Chapter 648 / Section 648.061
648.061 Consent of nonresident persons to service of process
Status: in_force

Any of the persons not domiciled within this state or foreign persons not authorized to do business within this state who appear as persons who will carry on, conduct or transact business under an assumed business name in an application for registration filed under ORS 648.010 (Registration of assumed business name) shall be deemed to have appointed the Secretary of State as agent upon whom may be served at any time any process, notice or demand required or permitted by law to be served upon them. [1967 c.152 §2 (enacted in lieu of 648.060); 1995 c.454 §9]

Source: Section 648.061 — Consent of nonresident persons to service of process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 646a.304 — OR Code / Title 50 / Chapter 646a / Section 646a.304
646A.304 Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement
Status: in_force

(1) 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 implements, machinery and repair parts to the retailer’s account. The payment or credit shall be as follows:

(a) The payment or the credit for the unused complete farm implements and machinery in new condition shall be in a sum equal to 100 percent of the net cost of all complete farm implements and machinery that are current models and that have been purchased by the retailer from the supplier within the 24 months immediately preceding notice of intent to cancel or discontinue the retailer agreement. The payment or credit shall include the transportation charges to the retailer and from the retailer to the supplier, if the charges have been paid by the retailer or invoiced to the retailer’s account by the supplier, and a reasonable reimbursement for services performed in connection with assembly or predelivery inspection of the implements or machinery. The supplier assumes ownership of the farm implements and machinery F.O.B. the dealership.

(b) The payment or credit for equipment used for demonstration or rental and that is in new condition shall equal the depreciated value of the equipment to which the supplier and retailer have agreed.

(c) Intentionally left blank —Ed.

(A) The payment or credit for repair parts shall be a sum equal to 95 percent of the current net prices of the repair parts, including superseded parts, plus the charges for transportation from the retailer to the destination designated by the supplier that the retailer paid or the supplier invoiced to the retailer’s account. The supplier assumes ownership of the repair parts F.O.B. the dealership.

(B) This paragraph applies to parts purchased by the retailer from the supplier and held by the retailer on or after the date of the cancellation or discontinuance of the retailer agreement.

(C) This paragraph does not apply to repair parts that:

(i) The supplier identified as not returnable when the retailer ordered the parts.

(ii) The retailer purchased in a set of multiple parts, unless the set is complete and in resalable condition.

(iii) The retailer failed to return after being offered a reasonable opportunity to return the repair part at a price not less than 100 percent of the net price of the repair part as listed in the then current price list or catalog.

(iv) Have a limited storage life or are otherwise subject to deterioration, including but not limited to rubber items, gaskets and batteries and repair parts in broken or damaged packages.

(v) Are single repair parts priced as a set of two or more items.

(vi) Are not resalable as new parts without new packaging or reconditioning because of their condition.

(D) The supplier shall also pay the retailer or credit to the retailer’s account a sum equal to five percent of the current net price of all parts returned for the handling, packing and loading of the parts, unless the supplier elects to list the inventory and perform packing and loading of the parts itself.

(d) Upon the payment or allowance of credit to the retailer’s account of the sum under this subsection, the title to the farm implements, farm machinery or repair parts shall pass to the supplier making the payment or allowing the credit and the supplier shall be entitled to the possession of the farm implements, machinery or repair parts.

(2) Intentionally left blank —Ed.

(a) If a retailer agreement is terminated, canceled or discontinued, the supplier shall, upon request of the retailer, pay the retailer for:

(A) Computer and communications hardware that:

(i) The supplier required the retailer to purchase within the preceding five years; and

(ii) The retailer possesses on the date of the agreement’s termination, cancellation or discontinuation.

(B) Computer software that:

(i) The supplier required the retailer to purchase from the supplier; and

(ii) The retailer used exclusively to support the retailer’s dealings with the supplier.

(b) If the retailer owes any sums to the supplier, the supplier may credit the cost of the hardware and software to the retailer’s account.

(c) The payment or credit shall be the net cost of the hardware and software, less 20 percent per year that the retailer possessed the hardware and software.

(d) This subsection does not apply if the retailer exercises a contractual right to keep the hardware or software.

(3) Intentionally left blank —Ed.

(a) If a retailer agreement is terminated, canceled or discontinued, the supplier shall pay the retailer for the retailer’s specialized tools.

(b) If the retailer owes any sums to the supplier, the supplier may credit the cost of the specialized tools to the retailer’s account.

(c) Intentionally left blank —Ed.

(A) If a tool is new and unused and used for the supplier’s current models, the payment or credit shall be the net cost of the tool.

(B) If a tool is not new and unused and used for the supplier’s current models, the payment or credit shall be the net cost of the tool, less 20 percent per year that the retailer possessed the tool.

(4) Intentionally left blank —Ed.

(a) If a retailer agreement is terminated, canceled or discontinued, the supplier shall pay the retailer for the retailer’s current signs.

(b) If the retailer owes any sums to the supplier, the supplier may credit the cost of the signs to the retailer’s account.

(c) The payment or credit shall be the net cost of the sign, less 20 percent per year that the retailer possessed the sign.

(5) A supplier shall provide all payments or allowances due under this section within 90 calendar days of the retailer’s return of the farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs. A supplier who does not provide a payment or allowance within 90 calendar days of the retailer’s return of the farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs shall pay the retailer interest of 18 percent per annum on the past due amount until paid.

(6) This section supplements any retailer agreement between the retailer and the supplier covering the return of farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs. The retailer may elect to pursue either the retailer’s remedy under the retailer agreement or the remedy provided under this section. An election by the retailer to pursue the remedy under the retailer agreement does not bar the retailer’s right to the remedy provided under this section as to those farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs not affected by the retailer agreement. This section does not affect the right of a supplier to charge back to the retailer’s account amounts previously paid or credited as a discount incident to the retailer’s purchase of goods.

(7) This section does not apply to farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs that a retailer acquired from a source other than the supplier. [Formerly 646.425]

Source: Section 646A.304 — Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.735 — OR Code / Title 50 / Chapter 646 / Section 646.735
646.735 Exemption for coordinated care organizations
Status: in_force

(1) The Legislative Assembly declares that collaboration among public payers, private health carriers, third party purchasers and providers to identify appropriate service delivery systems and reimbursement methods to align incentives in support of integrated and coordinated health care delivery is in the best interest of the public. The Legislative Assembly therefore declares its intent to exempt from state antitrust laws, and to provide immunity from federal antitrust laws through the state action doctrine, coordinated care organizations that might otherwise be constrained by such laws.

(2) The Director of the Oregon Health Authority or the director’s designee shall engage in appropriate state supervision necessary to promote state action immunity under state and federal antitrust laws, and may inspect or request additional documentation to verify that the Oregon Integrated and Coordinated Health Care Delivery System established under ORS 414.570 (System established) is implemented in accordance with the legislative intent expressed in ORS 414.018 (Legislative intent) .

(3) Groups that include, but are not limited to, health insurance companies, health care centers, hospitals, health service organizations, employers, health care providers, health care facilities, state and local governmental entities and consumers, may meet to facilitate the development, implementation and operation of a coordinated care organization in accordance with criteria and requirements adopted by the Oregon Health Authority under ORS 414.572 (Coordinated care organizations) . Any participation by such entities and individuals shall be on a voluntary basis.

(4) The authority may conduct a survey of the entities and individuals specified in subsection (3) of this section concerning payment and delivery reforms.

(5) A survey or meeting under subsection (3) or (4) of this section is not a violation of state antitrust laws and shall be considered state action for purposes of federal antitrust laws through the state action doctrine. [2011 c.602 §18; 2012 c.8 §22]

Note: 646.735 (Exemption for coordinated care organizations) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 646 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 646.735 — Exemption for coordinated care organizations; state action immunity; permitted activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.052 — OR Code / Title 50 / Chapter 646a / Section 646a.052
646A.052 Form of purchase agreement
Status: in_force

(1) 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 (Rules) .

(2) 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 the base price:

(a) Manufactured dwelling options that are ordered by the buyer.

(b) The amount of any refundable or nonrefundable administrative or processing fees paid to or collected by the dealer and the circumstances under which the fees may be returned to the buyer.

(c) The amount of any earnest money paid and the circumstances under which the earnest money may be returned to the buyer.

(d) Improvements provided by the dealer, or by a third party at the request of the dealer, to the extent known to the dealer at the time of sale. The written itemization of improvements under this paragraph excuses the dealer from providing the buyer with a separate statement of estimated costs under ORS 90.518 (Provider statement of estimated cost of improvements) for those itemized improvements.

(e) All loan fees and credit report fees paid to or collected by the dealer to obtain financing for the buyer’s purchase of the manufactured dwelling and the circumstances under which the fees may be returned to the buyer.

(f) Alterations and upgrades to the manufactured dwelling made by the dealer or by a third party at the request of the dealer.

(g) Goods and services provided by the dealer, or by a third party at the request of the dealer, that are not otherwise disclosed pursuant to this section.

(h) Fees for the issuance or updating of an ownership document.

(i) The extended warranty contract, if any.

(j) Delivery, installation or site access costs that are not otherwise disclosed pursuant to this section, if any.

(3) The purchase agreement form must be accompanied by a list, provided by the Department of Justice, of governmental consumer protection agencies having jurisdiction over manufactured dwelling issues.

(4) Failure of a manufactured dwelling dealer to use a purchase agreement form that complies with this section and rules adopted in accordance with ORS 646A.054 (Rules) is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) .

(5) Except as provided in ORS 41.740 (Parol evidence rule) , a purchase agreement is considered to contain all of the terms of the contract between the buyer and the manufactured dwelling dealer. No evidence of the terms of the contract may be presented other than the contents of the purchase agreement. As used in this subsection, “contract” does not include a retail installment contract or loan agreement entered into as part of a purchase transaction. [Formerly 646.402]

Source: Section 646A.052 — Form of purchase agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).