ORS § 646a.606 — OR Code / Title 50 / Chapter 646a / Section 646a.606
646A.606 Security freeze
Status: in_force

(1) A consumer may elect to place a security freeze on the consumer’s consumer report or, if the consumer is a representative, on a protected consumer’s consumer report or protective record by sending a written request to a consumer reporting agency at an address the agency designates to receive such requests, or a secure electronic request at a website the agency designates to receive such requests if the consumer reporting agency, at the agency’s discretion, makes a secure electronic method available.

(2) If the consumer or protected consumer is the victim of identity theft or has reported a theft of personal information to a law enforcement agency, the consumer or representative may include a copy of the police report, incident report or identity theft declaration.

(3) Intentionally left blank —Ed.

(a) The consumer or representative must provide proper identification.

(b) Intentionally left blank —Ed.

(A) In addition to the information described in paragraph (a) of this subsection, a representative who seeks to place a security freeze on a protected consumer’s consumer report or protective record shall provide sufficient proof of the representative’s authority to act on the protected consumer’s behalf.

(B) For purposes of subparagraph (A) of this paragraph, sufficient proof of authority consists of:

(i) A court order that identifies or describes the relationship between the representative and the protected consumer;

(ii) A valid and lawfully executed power of attorney that permits the representative to act on the protected consumer’s behalf; or

(iii) A written affidavit that the representative signs and has notarized in which the representative expressly describes the relationship between the representative and the protected consumer and the representative’s authority to act on the protected consumer’s behalf.

(4) Intentionally left blank —Ed.

(a) Except as provided in ORS 646A.614 (Effect of security freeze on use of consumer reports or protective records) , if a security freeze is in place for a consumer report, information from the consumer report may not be released without prior express authorization from the consumer.

(b) Information from a protective record may not be released until the protected consumer for whom the consumer reporting agency created the protective record, or a representative of the protected consumer, removes the security freeze.

(5) This section does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report or protective record. [2007 c.759 §4; 2013 c.415 §2; 2018 c.10 §3]

Source: Section 646A.606 — Security freeze; requirements; proof of authority; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.122 — OR Code / Title 50 / Chapter 646a / Section 646a.122
646A.122 Applicability of ORS 646A.120 to 646A.134
Status: in_force

(1) Lease-purchase agreements that comply with ORS 646A.120 (Definitions for ORS 646A.120 to 646A.134) to 646A.134 (Disclosures required in advertisement for lease-purchase agreements) are not governed by laws relating to:

(a) A security interest under ORS chapter 79.

(b) A retail installment contract under ORS 83.010 (Definitions for ORS 83.010 to 83.190) to 83.190 (Civil penalties) .

(2) ORS 646A.120 (Definitions for ORS 646A.120 to 646A.134) to 646A.134 (Disclosures required in advertisement for lease-purchase agreements) do not apply to the following:

(a) Lease-purchase agreements primarily for business, commercial or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;

(b) A lease of a safe deposit box;

(c) A lease or bailment of personal property which is incidental to the lease of real property, and which provides that the consumer has no option to purchase the leased property; or

(d) A lease of a motor vehicle. [Formerly 646.247]

Source: Section 646A.122 — Applicability of ORS 646A.120 to 646A.134 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.135 — OR Code / Title 50 / Chapter 648 / Section 648.135
648.135 Effect of violation of ORS 648.007
Status: in_force

(1) A person who carries on, conducts or transacts business in violation of ORS 648.007 (Requirement to register assumed business name and service mark) shall lack standing before the courts of this state to maintain a cause of action for the benefit of the business. The person may cure the incapacity at any time by complying with ORS 648.007 (Requirement to register assumed business name and service mark) . Nothing in this section shall extend any statute of limitations.

(2) In any action or suit in which the cause of action arises out of business that the defendant carried on, conducted or transacted in violation of ORS 648.007 (Requirement to register assumed business name and service mark) , the plaintiff shall be entitled to recover $500 or the actual costs that the court determines that the plaintiff reasonably incurred to ascertain the real and true name of the defendant, whichever is greater. The court may award reasonable attorney fees to the prevailing party in an action under this subsection.

(3) Except as provided in this section, nothing in this chapter shall abrogate or limit the law as to unfair competition or unfair trade practices or derogate from the common law, the principles of equity or the statutes of this state or of the United States with respect to the right to acquire and to protect trade names. [1985 c.728 §93; 1987 c.390 §1; 1995 c.454 §12; 1995 c.618 §106]

Source: Section 648.135 — Effect of violation of ORS 648.007; damages and attorney fees; effect on other laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 650.330 — OR Code / Title 50 / Chapter 650 / Section 650.330
650.330 Comparable terms and conditions
Status: in_force

(1) As used in this section, “terms and conditions” includes rebates, discounts or any other program that may affect the ultimate price of a product.

(2) If dealers compete for the sale or lease of recreational vehicles to the motoring public, a grantor shall offer to sell products to the dealers at the same prices and on the same terms and conditions.

(3) A grantor may not sell a recreational vehicle to the motoring public. [2003 c.377 §4]

Source: Section 650.330 — Comparable terms and conditions; grantor sales to public , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.160 — OR Code / Title 50 / Chapter 646 / Section 646.160
646.160 Presumption of damages
Status: in_force

In any proceedings instituted or action brought in pursuance of the provisions of ORS 646.140 (Enjoining violations) or 646.150 (Action for damages) , the plaintiff, upon proof that the plaintiff has been unlawfully discriminated against by the defendant, shall conclusively be presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination; and, in addition thereto, may establish such further damages, if any, as the plaintiff may have sustained as a result of the discrimination.

Source: Section 646.160 — Presumption of damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.911 — OR Code / Title 50 / Chapter 646 / Section 646.911
646.911 Sale of gasoline with oxygenate other than ethanol
Status: in_force

Notwithstanding ORS 646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements) , a person may sell, supply or offer to sell or supply gasoline in this state that contains any oxygenate other than ethanol, if the California Air Resources Board, the California Environmental Policy Council or the United States Environmental Protection Agency allows the use of the oxygenate. [2007 c.739 §23]

Source: Section 646.911 — Sale of gasoline with oxygenate other than ethanol , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.280 — OR Code / Title 50 / Chapter 646a / Section 646a.280
646A.280 Definitions for ORS 646A.280 to 646A.290
Status: in_force

As used in ORS 646A.280 (Definitions for ORS 646A.280 to 646A.290) to 646A.290 (Construction) :

(1) “Invoice” means a document containing an itemized list of previously ordered goods or services and an amount or amounts of money owed by the recipient of the document.

(2) “Recipient” means the person to whom an invoice or simulated invoice is uttered.

(3) “Simulated invoice” means a document containing an itemized list of unordered goods or services and an amount or amounts of money to be paid by the recipient of the document.

(4) “Utter” has the meaning given in ORS 165.002 (Definitions for ORS 165.002 to 165.070) . [Formerly 646.291]

Source: Section 646A.280 — Definitions for ORS 646A.280 to 646A.290 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.600 — OR Code / Title 50 / Chapter 646a / Section 646a.600
646A.600 Short title
Status: in_force

ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) shall be known as the Oregon Consumer Information Protection Act. [2007 c.759 §1; 2019 c.180 §1]

Source: Section 646A.600 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.461 — OR Code / Title 50 / Chapter 646 / Section 646.461
646.461 Definitions for ORS 646.461 to 646.475
Status: in_force

As used in ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) , unless the context otherwise requires:

(1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means. Reverse engineering and independent development alone shall not be considered improper means.

(2) “Misappropriation” means:

(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means;

(b) Disclosure or use of a trade secret of another without express or implied consent by a person who used improper means to acquire knowledge of the trade secret;

(c) Disclosure or use of a trade secret of another without express or implied consent by a person who, before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake; or

(d) Disclosure or use of a trade secret of another without express or implied consent by a person, who at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was:

(A) Derived from or through a person who had utilized improper means to acquire it;

(B) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(C) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.

(3) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.

(4) “Trade secret” means information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

(a) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. [1987 c.537 §2]

Source: Section 646.461 — Definitions for ORS 646.461 to 646.475 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.077 — OR Code / Title 50 / Chapter 646a / Section 646a.077
646A.077 Qualification for full refund
Status: in_force

(1) As used in this section:

(a) “Litter” means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.

(b) “Pet dealer” means, except as provided in paragraph (c) of this subsection, a person that sells five or more litters of dogs during a one-year period.

(c) “Pet dealer” does not mean an animal control agency, humane society or animal shelter.

(2) Except as otherwise provided in this section, a pet dealer shall provide the purchaser of a dog that complies with subsection (3) of this section with a full refund of the purchase price for the dog if:

(a) No later than 15 days after purchasing the dog from the pet dealer the purchaser has the dog examined by a veterinarian and the examination reveals that the dog is diseased; or

(b) No later than one year after purchasing the dog from the pet dealer the purchaser has the dog examined by a veterinarian and the examination reveals that the dog has a congenital disorder that significantly limits the dog’s quality of life.

(3) To qualify for a refund under this section, the purchaser, no later than four business days after the veterinary examination that revealed the disease or disorder, must:

(a) Return the dog to the pet dealer;

(b) Provide the pet dealer with a dated written statement by the examining veterinarian that the dog has a disease or has a congenital defect; and

(c) Provide the pet dealer with proof of the sale, including but not limited to, the date of sale.

(4) Upon mutual agreement of the purchaser and pet dealer, the purchaser may accept a replacement dog instead of a refund.

(5) A purchaser that complies with subsection (2) of this section may, instead of obtaining a refund, require that the pet dealer reimburse the purchaser for the cost of veterinary care provided in connection with the disease or congenital disorder described in subsection (2) of this section. The duty of the pet dealer to reimburse the purchaser for the cost of veterinary care shall be limited to the purchase price of the dog. A purchaser that agrees to accept reimbursement under this subsection waives any other claim against the pet dealer for reimbursement of the cost of veterinary care for the dog.

(6) Notwithstanding subsections (1) to (5) of this section, a pet dealer is not required to refund the purchase price for a dog, provide a replacement dog or reimburse the purchaser for veterinary care if the pet dealer:

(a) At the time of sale made a clear and conspicuous disclosure in writing, initialed or signed by the purchaser, that disclosed the disease or disorder; or

(b) Had the dog examined by a veterinarian not more than 14 days prior to the date of sale and the examination did not disclose the disease or congenital disorder. [2009 c.297 §4]

Source: Section 646A.077 — Qualification for full refund; replacement dog; reimbursement for cost of veterinary care; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.641 — OR Code / Title 50 / Chapter 646 / Section 646.641
646.641 Civil action for unlawful collection practice
Status: in_force

(1) Any person injured as a result of willful use or employment by another person of an unlawful collection practice may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $200, whichever is greater. The court or the jury may award punitive damages, and the court may provide such equitable relief as it deems necessary or proper.

(2) In any action brought by a person under this section, the court may award reasonable attorney fees to the prevailing party.

(3) Actions brought under this section shall be commenced within one year from the date of the injury. [1977 c.184 §3; 1981 c.897 §79; 1995 c.618 §99]

Source: Section 646.641 — Civil action for unlawful collection practice; damages; attorney fees; time for commencing action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.560 — OR Code / Title 50 / Chapter 646a / Section 646a.560
646A.560 Legislative findings
Status: repealed

The Legislative Assembly finds that it is in the best interest of this state to:

(1) Reduce the amount of mercury in lighting that contains mercury; and

(2) Continue to work with federal, state and local government agencies as well as manufacturers, retailers and others to expand opportunities for consumers to recycle lighting that contains mercury. [2012 c.52 §1]

Note: 646A.560 (Legislative findings) is repealed January 1, 2025. See section 5, chapter 410, Oregon Laws 2023.

Source: Section 646A.560 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.913 — OR Code / Title 50 / Chapter 646 / Section 646.913
646.913 Limitations on gasoline sales
Status: in_force

(1) Except as provided in subsection (4) of this section, a wholesale dealer, retail dealer or nonretail dealer may not sell gasoline or offer gasoline for sale unless the gasoline contains at least 10 percent denatured fuel ethanol by volume. Gasoline that contains anhydrous ethanol in concentrations of at least 9.2 percent by volume complies with the requirement set forth in this subsection.

(2) The State Department of Agriculture shall adopt standards for gasoline blended with ethanol that is sold in this state. The standards that the department adopts shall require that the gasoline blended with ethanol:

(a) Contains ethanol that is derived from agricultural or woody waste or residue;

(b) Complies with the volatility requirements specified in 40 C.F.R. part 1090;

(c) Complies with ASTM International specification D 4814, Standard Specification for Automotive Spark-Ignition Engine Fuel;

(d) Is not blended with casinghead gasoline, absorption gasoline, drip gasoline or natural gasoline after the gasoline has been sold, transferred or otherwise removed from a refinery or terminal; and

(e) Contains denatured fuel ethanol that complies with ASTM International specification D 4806, Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.

(3) The department may review specifications adopted by ASTM International, or equivalent organizations, and federal regulations and revise the standards adopted under this section as necessary.

(4) A wholesale dealer, retail dealer or nonretail dealer may sell or offer for sale gasoline that is not blended with ethanol if the gasoline has an octane rating, as defined in ORS 646.945 (Definitions for ORS 646.947 to 646.963) , of 91 or above or if the gasoline is for use in:

(a) An aircraft:

(A) With a supplemental type certificate approved by the Federal Aviation Administration that allows the aircraft to use gasoline that is intended for use in motor vehicles; or

(B) Issued a type certificate by an aircraft engine manufacturer that allows the aircraft to use gasoline that is intended for use in motor vehicles;

(b) An aircraft that has been issued an experimental certificate, as described in 14 C.F.R. 21.191, by the Federal Aviation Administration and for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;

(c) A light-sport aircraft, as defined in 14 C.F.R. 1.1, for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;

(d) A vintage aircraft, as defined by the Oregon Department of Aviation by rule, for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles;

(e) An antique vehicle, as defined in ORS 801.125 (“Antique vehicle.”) ;

(f) A Class I all-terrain vehicle, as defined in ORS 801.190 (“Class I all-terrain vehicle.”) ;

(g) A Class III all-terrain vehicle, as defined in ORS 801.194 (“Class III all-terrain vehicle” and “Class IV all-terrain vehicle.”) ;

(h) A Class IV all-terrain vehicle, as defined in ORS 801.194 (“Class III all-terrain vehicle” and “Class IV all-terrain vehicle.”) (2);

(i) A racing activity vehicle, as defined in ORS 801.404 (“Racing activity vehicle.”) ;

(j) A snowmobile, as defined in ORS 801.490 (“Snowmobile.”) ;

(k) Tools, including but not limited to lawn mowers, leaf blowers and chain saws; or

(L) A watercraft. [2007 c.739 §18; 2008 c.44 §4; 2009 c.786 §1; 2011 c.360 §11; 2017 c.141 §2; 2021 c.368 §1; 2023 c.2 §1]

Source: Section 646.913 — Limitations on gasoline sales; requirements for ethanol content in gasoline; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 647.024 — OR Code / Title 50 / Chapter 647 / Section 647.024
647.024 Rules for classes of goods and services
Status: in_force

(1) The Secretary of State by rule may establish classes of goods and services for convenience in the administration of this chapter. The classes that the Secretary of State establishes may not limit or extend an applicant’s or registrant’s rights and shall conform to the classes the United States Patent and Trademark Office has adopted to the extent practicable.

(2) A single application to register a mark may include any or all goods or services on or in connection with which the mark is actually being used.

(3) If an application includes more than one class, the Secretary of State may collect a fee under ORS 56.140 (Fees) for each class. [1985 c.728 §84b (enacted in lieu of 647.025); 2009 c.459 §6]

Source: Section 647.024 — Rules for classes of goods and services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.616 — OR Code / Title 50 / Chapter 646a / Section 646a.616
646A.616 Effect of request for consumer report subject to security freeze
Status: in_force

If a third party requests access to a consumer report on which a security freeze is in effect, the request is in connection with an application for credit or any other use, the consumer does not allow the consumer’s consumer report to be accessed for that period of time, and the third party cannot obtain the consumer report through ORS 646A.614 (Effect of security freeze on use of consumer reports or protective records) , the third party may treat the application as incomplete. [2007 c.759 §9]

Source: Section 646A.616 — Effect of request for consumer report subject to security freeze , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.512 — OR Code / Title 50 / Chapter 646a / Section 646a.512
646A.512 Private right of action
Status: in_force

Any person may maintain an action against a commercial user who violates ORS 646A.506 (Prohibited conduct) (1) to (3), to enjoin the remanufacture, retrofitting, sale, contract to sell or resell, lease or subletting of a crib that is unsafe for an infant, and for reasonable attorney fees and costs. [Formerly 646.506]

Source: Section 646A.512 — Private right of action; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.406 — OR Code / Title 50 / Chapter 646a / Section 646a.406
646A.406 Presumption of reasonable attempt to conform
Status: in_force

(1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties if, during the two-year period following the date of original delivery of the motor vehicle to a consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first:

(a) The manufacturer or an agent or authorized dealer of the manufacturer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the defect alleged, but the nonconformity continues to exist;

(b) The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days if the vehicle is a motor home; or

(c) The manufacturer or an agent or authorized dealer of the manufacturer has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity, but the nonconformity continues to exist.

(2) A repair or correction for purposes of subsection (1) of this section includes a repair that must take place after the expiration of the earlier of either period.

(3) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, the two-year period and the 30-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.

(4) The presumption described in subsection (1) of this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to cure the defect alleged. [Formerly 646.345; 2009 c.448 §4]

Source: Section 646A.406 — Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.029 — OR Code / Title 50 / Chapter 648 / Section 648.029
648.029 Alteration of registration to reflect corporate structure change
Status: in_force

Where a domestic corporation is the registrant of an assumed business name and the corporation merges or amends its articles of incorporation to change its corporate name or a foreign corporation procures an amended certificate of authority, the Secretary of State may alter the assumed business name registration to indicate the surviving or changed corporate name. [1969 c.154 §8; 1995 c.454 §7]

Note: 648.029 (Alteration of registration to reflect corporate structure change) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 648 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 648.029 — Alteration of registration to reflect corporate structure change , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 650.100 — OR Code / Title 50 / Chapter 650 / Section 650.100
650.100 Disposition of civil penalties
Status: in_force

All penalties recovered under ORS 650.095 (Civil penalties) shall be paid into the State Treasury and credited to the General Fund and are available for general government expenses. [2005 c.339 §5]

Source: Section 650.100 — Disposition of civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.050 — OR Code / Title 50 / Chapter 646a / Section 646a.050
646A.050 Definitions
Status: in_force

As used in this section and ORS 646A.052 (Form of purchase agreement) :

(1) “Base price” means the total retail cost of the following unless separately disclosed as described in ORS 646A.052 (Form of purchase agreement) (2):

(a) The manufactured dwelling as provided by the manufacturer;

(b) Features added by the dealer, if any;

(c) Freight; and

(d) Delivery and installation as stated in the purchase agreement.

(2) “Buyer” means a person who buys or agrees to buy a manufactured dwelling.

(3) “Improvements” means goods and services not included in the base price that are, in general, needed to prepare a site and complete the setup of a manufactured dwelling. “Improvements” includes, but is not limited to, permits, site preparation, sidewalks, concrete, utility connections, skirting, steps, railings, decks, awnings, carports, garages, sheds, gutters, downspouts, rain drains, heat pumps, air conditioning, basements, plants and landscaping, installation fees and system development charges.

(4) “Manufactured dwelling” has the meaning given that term in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) .

(5) “Manufactured dwelling dealer” or “dealer” means a person who sells a manufactured dwelling in a manner that makes the person subject to the license requirement of ORS 446.671 (Acting as manufactured structure dealer without license) .

(6) “Purchase agreement” means the written contract between the manufactured dwelling dealer and the buyer for the purchase of a manufactured dwelling. “Purchase agreement” does not include documents of a retail installment contract or loan agreement entered into as part of the purchase transaction. [Formerly 646.400]

Source: Section 646A.050 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.017 — OR Code / Title 50 / Chapter 647 / Section 647.017
647.017 When mark is in use
Status: in_force

(1) For purposes of this chapter, a mark is in use:

(a) On goods that are sold or transported in commerce in this state when the mark is placed in any manner on:

(A) Goods, other containers or displays associated with the goods or tags or labels affixed to the goods; or

(B) Documents associated with the goods or the sale of the goods, if the nature of the goods makes placing the mark on the items identified in subparagraph (A) of this paragraph impractical.

(b) On services that are rendered in this state when the mark is used or displayed in selling or advertising the services.

(2) A mark is abandoned if either of the following occurs:

(a) Use of the mark has been discontinued with intent not to resume the use. Intent not to resume use may be inferred from circumstances. Nonuse for two consecutive years is prima facie evidence of abandonment.

(b) A course of conduct of the owner, including a failure to act, causes the mark to lose significance as a mark.

(3) A title, character name that a person uses and other distinctive features of a radio or television program may be registered as a service mark notwithstanding that the title, name or feature or the program may advertise the goods of the sponsor. [2009 c.459 §3]

Source: Section 647.017 — When mark is in use; abandonment of mark , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.009 — OR Code / Title 50 / Chapter 646a / Section 646a.009
646A.009 Prohibition on sales of cosmetics developed or manufactured using animal testing
Status: in_force

(1) A manufacturer may not sell or offer to sell in this state a cosmetic that was, on or after January 1, 2024, developed or manufactured using cosmetic animal tests conducted or contracted for by the manufacturer or any supplier of the manufacturer.

(2) This section does not apply to a cosmetic that has been developed through use of a cosmetic animal test if the cosmetic animal test was conducted:

(a) Pursuant to a requirement of a federal or state agency and all of the following apply:

(A) A specific human health problem in relation to the cosmetic ingredient or nonfunctional constituent is substantiated;

(B) The need to conduct a cosmetic animal test is:

(i) Justified; and

(ii) Supported by a detailed research protocol, proposed as the basis for evaluation of the cosmetic ingredient or nonfunctional constituent;

(C) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organization for Economic Cooperation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent; and

(D) The cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another ingredient capable of performing a similar function.

(b) Outside of the United States, pursuant to a legal requirement of a foreign regulatory authority, provided that evidence derived from the testing was not relied upon to substantiate the safety of the cosmetic or cosmetic ingredient.

(c) Pursuant to a requirement established by 21 U.S.C. 351 to 360fff-8.

(d) For a cosmetic ingredient or nonfunctional constituent intended to be used in a product that is not a cosmetic and conducted pursuant to a requirement of a federal, state or foreign regulatory authority, provided that evidence from the cosmetic animal test is not relied upon to substantiate the safety or efficacy of the cosmetic or cosmetic ingredient unless all of the following apply:

(A) There is documented evidence of the noncosmetic intent of the test; and

(B) There is a history of use of the ingredient outside of cosmetics at least one year prior to any reliance on the cosmetic animal test to substantiate the safety or efficacy of the cosmetic or cosmetic ingredient.

(3) Nothing in this section prohibits a manufacturer or supplier from retaining, reviewing or assessing evidence from a cosmetic animal test.

(4) A city or county may not adopt or enforce any ordinance, rule or regulation establishing a prohibition on the sale of cosmetics that have been developed or manufactured using cosmetic animal tests unless the prohibition is identical to the provisions of this section. [2023 c.536 §2]

Source: Section 646A.009 — Prohibition on sales of cosmetics developed or manufactured using animal testing; exceptions; preemption of local laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.644 — OR Code / Title 50 / Chapter 646 / Section 646.644
646.644 Free offer
Status: in_force

(1) As used in this section:

(a) “Affirmative consent” means a consumer’s agreement to incur a financial obligation as a result of accepting a free offer, or to provide the consumer’s billing information, given or made in the manner specifically identified for the consumer to indicate the consumer’s agreement.

(b) “Billing information” means any record or information compiled or maintained with respect to a consumer that identifies the consumer and provides a means by which the consumer’s financial obligation incurred by accepting a free offer may be paid or otherwise satisfied, including but not limited to information pertaining to a consumer’s credit card, payment card, charge card, debit card, checking, savings or other banking account, and electronic funds transfer information.

(c) “Clear and conspicuous information” means language that is readily understandable and presented in such size, color, contrast and location, or audibility and cadence, compared to other language as to be readily noticed and understood, and that is in close proximity to the request for consent to a free offer.

(d) “Consumer” means an individual who seeks to accept or accepts a free offer.

(e) Intentionally left blank —Ed.

(A) “Free offer” means an offer of goods or services without cost, or for a one-time payment to cover only incidental charges such as shipping and handling, to a consumer that, if accepted, causes the consumer to incur a financial obligation for:

(i) The goods or services received;

(ii) Additional goods or services other than those initially received; or

(iii) Enrollment in a membership, subscription or service contract as a result of accepting the offer.

(B) “Free offer” does not include a free good or service that is received by a consumer as a result of the consumer’s entering into an agreement for enrollment in a membership, subscription or service contract that is not otherwise a free offer or a consequence of the consumer’s agreement to accept a free offer.

(2) A person may not make a free offer to a consumer, or impose a financial obligation on the consumer as a result of the consumer’s acceptance of a free offer, unless the person provides the consumer with clear and conspicuous information regarding the terms of the free offer before the consumer agrees to accept the free offer, including at a minimum:

(a) Identification of all goods or services, or enrollments in a membership, subscription or service contract, that the consumer will receive or incur a financial obligation for as a result of accepting the free offer;

(b) The cost to the consumer of any financial obligation the consumer will incur if the consumer accepts the free offer, including any fees or charges;

(c) Any requirement, if applicable, that the consumer take affirmative action to reject the free offer and instructions about how the consumer is to indicate the consumer’s rejection of the free offer;

(d) A statement, if applicable, that by accepting the free offer, the consumer will become obligated for additional goods or services, or enrollment in a membership, subscription or service contract, unless the consumer takes affirmative action to cancel the free offer or otherwise reject receipt of the additional goods or services or the enrollment in a membership, subscription or service contract;

(e) Except as provided in paragraph (h) of this subsection, the consumer’s right to cancel the free offer using procedures specifically identified for that purpose that, at a minimum, enable the consumer to cancel by calling a toll-free telephone number or to cancel in a manner substantially similar to that by which the consumer accepted the free offer;

(f) The time period during which the consumer must cancel in order to avoid incurring a financial obligation as a result of accepting the free offer;

(g) If applicable, the consumer’s right to receive a credit on goods or services received as a result of accepting the free offer when the goods or services are returned or rejected, and the time period during which the goods or services must be returned or rejected for the purpose of receiving a credit; and

(h) With respect to a free offer that is for a publication, including but not limited to a magazine, newspaper or other periodical, a statement that the consumer will receive information regarding the consumer’s right to cancel the free offer and an explanation of the procedure to cancel the free offer at the time the consumer receives an invoice to pay for the publication, including but not limited to written notice of cancellation by mail to the person providing the free offer.

(3) A person may not cause a consumer to incur a financial obligation as a result of accepting a free offer unless:

(a) The person obtains the consumer’s billing information directly from the consumer; or

(b) The consumer gives affirmative consent at the time the consumer accepts a free offer for the person to provide billing information to a person other than the person making a free offer. For purposes of this subsection, a person obtains a consumer’s billing information directly from the consumer if it is obtained by the person or by the person’s agent or employee.

(4) A person may not impose a financial obligation on a consumer as a result of the consumer’s acceptance of a free offer unless the consumer’s affirmative consent to the terms of the free offer as set forth in subsection (2) of this section is obtained.

(5) A person that makes a free offer to a consumer may not fail or refuse to cancel the free offer if the consumer has used, or made reasonable efforts to attempt to use, one of the procedures required by subsection (2)(e) of this section.

(6) A person who violates a provision of this section engages in an unlawful practice subject to enforcement and penalty 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) .

(7) This section does not apply to free offers made in connection with services that are subject to the federal Communications Act of 1934 (47 U.S.C. 151 et seq.). [2011 c.502 §2]

Source: Section 646.644 — Free offer; required disclosures; limitations on financial obligation incurred by consumer; enforcement; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 647.725 — OR Code / Title 50 / Chapter 647 / Section 647.725
647.725 Relationship to other laws
Status: in_force

The rights, remedies and prohibitions in ORS 647.700 (Definitions for ORS 647.700 to 647.730) to 647.730 (Applicability of ORS 647.700 to 647.730) are in addition to and cumulative to any other right, remedy or prohibition accorded by common law, federal law or the statutes of this state. ORS 647.700 (Definitions for ORS 647.700 to 647.730) to 647.730 (Applicability of ORS 647.700 to 647.730) do not deny, abrogate or impair any common law or statutory right, remedy or prohibition. [1997 c.236 §6; 2018 c.28 §9]

Note: See note under 647.700 (Definitions for ORS 647.700 to 647.730) .

Source: Section 647.725 — Relationship to other laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.104 — OR Code / Title 50 / Chapter 646a / Section 646a.104
646A.104 Information required in notice of intent
Status: in_force

A notice of intent must include:

(1) The name, address, telephone number and signature of the owner of the merchandise that will be sold at the going out of business sale. If the owner is a corporation, trust, unincorporated association, partnership or other legal entity, the notice of intent must include the signature and title of an officer of the entity.

(2) The name, address, telephone number and signature of the person who will be in charge of and responsible for conducting the sale.

(3) The descriptive name, business location and beginning and ending dates of the sale.

(4) The certificate and official stamp of a notary public who, in accordance with ORS 194.280 (Certificate of notarial act) , acknowledges each of the signatures described in subsections (1) and (2) of this section. [2007 c.820 §3; 2015 c.277 §3]

Source: Section 646A.104 — Information required in notice of intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.021 — OR Code / Title 50 / Chapter 646a / Section 646a.021
646A.021 Investigative demand by Attorney General
Status: in_force

(1) If it appears to the Attorney General that a manufacturer has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS 646A.009 (Prohibition on sales of cosmetics developed or manufactured using animal testing) , or that could lead to the discovery of relevant information in an investigation of a violation of ORS 646A.009 (Prohibition on sales of cosmetics developed or manufactured using animal testing) , the Attorney General may execute an investigative demand and may cause an investigative demand to be served upon the manufacturer. The investigative demand may require the person:

(a) To appear and testify under oath at the time and place stated in the investigative demand;

(b) To answer written interrogatories; or

(c) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand.

(2) An investigative demand under this section shall be served in the manner provided by ORS 646.622 (Method of serving investigative demand) and may be enforced in the manner provided by ORS 646.626 (Effect of failure to obey investigative demand) .

(3) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court.

(4) Information submitted to the Attorney General under this section that is a trade secret, as defined in ORS 192.345 (Public records conditionally exempt from disclosure) , is confidential and is not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [2023 c.536 §5]

Source: Section 646A.021 — Investigative demand by Attorney General; confidentiality of trade secret information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.810 — OR Code / Title 50 / Chapter 646a / Section 646a.810
646A.810 Patent infringement claim made in bad faith
Status: in_force

(1) As used in this section:

(a) “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.

(b) “Complaint” means a document or a copy of a document that a person or the person’s affiliate:

(A) Files with a court, an arbitration panel or another body with power to adjudicate a dispute over patent rights; and

(B) Serves, sends or otherwise communicates to a recipient in order to commence a judicial, arbitration or administrative proceeding for patent infringement against the recipient.

(c) “Demand” means an oral or written communication that alleges, asserts or claims that a recipient has infringed or has contributed to infringing a patent or the rights that a patentee has under a patent or has granted to an assignee or a licensee.

(d) “Patentee” has the meaning given that term in 35 U.S.C. 100, as in effect on March 3, 2014.

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

(f) “Prosecuting attorney” means the Attorney General or the district attorney of any county in which a violation of this section is alleged to have occurred.

(g) “Recipient” means a person that receives a demand and:

(A) Resides in this state;

(B) Maintains a place of business or transacts business within this state; or

(C) Is a body, officer or agency acting under the statutory authority of this state or under the legal authority of a political subdivision of this state.

(2) A person or the person’s affiliate may not communicate a demand, or cause another person to communicate a demand, to a recipient if in the demand the person or the person’s affiliate alleges, asserts or claims in bad faith that the recipient has infringed or contributed to infringing a patent or the rights that a patentee has, or has granted to an assignee or licensee, under the patent.

(3) If a prosecuting attorney receives one or more accusations from a recipient or recipients that a person or the person’s affiliate has violated subsection (2) of this section, the prosecuting attorney may execute and serve an investigative demand on the person or the person’s affiliate under ORS 646.618 (Investigative demand) and may take action against the person or the person’s affiliate under ORS 646.632 (Enjoining unlawful trade practices) for engaging in an unlawful trade practice.

(4) A court may consider one or more of the following conditions as evidence that a person or the person’s affiliate has, in bad faith, alleged, asserted or claimed an infringement of a patent or rights that a patentee, assignee or licensee has under a patent:

(a) The demand required the recipient to respond or to pay a license or other fee within a period of time that a reasonable person would consider to be unreasonably short.

(b) The demand did not include:

(A) The patent number for the patent that the person or the person’s affiliate alleges, asserts or claims that the recipient infringed;

(B) Current and accurate contact information for the patentee, assignee or licensee, including a name, address and phone number or other contact information that would enable the recipient to identify and communicate with the patentee, assignee or licensee; and

(C) A statement of facts, together with an explanation or a description of the facts that would enable a reasonable person to understand the basis of the allegation or claim that the recipient has infringed the patent or the rights of the patentee, assignee or licensee under the patent.

(c) The person or the person’s affiliate failed to provide the information described in paragraph (b) of this subsection to the recipient within a reasonable time after the recipient requested the information.

(d) The person or the person’s affiliate, before communicating the demand:

(A) Failed to compare the claims in the patent to the features or specifications of the recipient’s product, service or technology that the person or the person’s affiliate alleges, asserts or claims is an infringement of the patent or the rights of the patentee, assignee or licensee under the patent; or

(B) Conducted the comparison described in subparagraph (A) of this paragraph, but in a way that did not enable the person or the person’s affiliate to specifically identify the infringing features or specifications of the recipient’s product, service or technology.

(e) The person or the person’s affiliate offered to license the patent for an amount that a reasonable person with knowledge of the market value of a license for the invention that is covered by the patent would consider unreasonable.

(f) The person or the person’s affiliate knew or should have known at the time the person or the person’s affiliate communicated the demand that the allegation, assertion or claim of infringement was without merit or was deceptive.

(g) The person or the person’s affiliate previously communicated a demand or filed a complaint based on the same or a similar allegation, assertion or claim and:

(A) The demand did not include the information described in paragraph (b) of this subsection; or

(B) A court, an arbitration panel or another body with power to adjudicate a patent dispute dismissed the complaint as frivolous or without merit at any point during a proceeding before the court, the panel or the body.

(h) The person or the person’s affiliate engaged in other conduct that the Attorney General by rule identifies as evidence of alleging, asserting or claiming an infringement in bad faith.

(5) A court may consider one or more of the following conditions as evidence that a person or the person’s affiliate has, in good faith, alleged, asserted or claimed an infringement of a patent or rights that a patentee, assignee or licensee has under a patent:

(a) The demand does include the information described in subsection (4)(b) of this section.

(b) The person or the person’s affiliate provided the information described in subsection (4)(b) of this section to the recipient within a reasonable time after the recipient requested the information, if the demand did not include the information.

(c) The person or the person’s affiliate, before communicating the demand, attempted to establish that an infringement had occurred by comparing the claims in the patent to the features or specifications of the recipient’s product, service or technology that the person or the person’s affiliate believes is an infringement of the patent, or the rights of the patentee, assignee or licensee under the patent, and specifically identifying the infringing features or specifications of the recipient’s product, service or technology.

(d) The person or the person’s affiliate, after conducting the comparison described in paragraph (c) of this subsection, attempted in good faith to negotiate a settlement or a license for the patent with the recipient.

(e) The person or the person’s affiliate has made a substantial investment in using or prosecuting the patent or in producing or selling a product, service or technology covered by the patent.

(f) The person or the person’s affiliate is:

(A) Named in the patent as an inventor or an assignee of the inventor;

(B) An institution of higher education; or

(C) An organization that an institution of higher education owns or is affiliated with and that has as the organization’s principal purpose the transfer of technology from the institute of higher education.

(g) The person or the person’s affiliate has:

(A) Previously and successfully enforced the patent, or the rights the patentee, an affiliate or a licensee has under the patent, before a court, an arbitration panel or another body with power to adjudicate a patent dispute; and

(B) Otherwise demonstrated integrity and good faith in business practices related to the patent or previous attempts to enforce the patent or the rights the patentee, an assignee or a licensee has under the patent.

(h) The person or the person’s affiliate engaged in other conduct that the Attorney General by rule identifies as evidence of alleging, asserting or claiming an infringement in good faith.

(6) A violation of subsection (2) of this section is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) that is subject to an action under ORS 646.638 (Civil action by private party) . Notwithstanding the definition of “person” in ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) , a recipient is a person for the purpose of bringing an action as a plaintiff under ORS 646.638 (Civil action by private party) .

(7) This section does not limit or affect:

(a) A right that this state, a political subdivision of this state, an agency, officer, employee or agent of this state or a political subdivision of this state or any other person may have with respect to a patent or rights granted under a patent; or

(b) Any remedy for patent infringement that a court, an arbitration panel or another body with power to adjudicate a dispute over patent rights may grant to this state, a political subdivision of this state or an agency, officer, employee or agent of this state or a political subdivision of this state or any other person.

(8) The Attorney General may adopt rules necessary to implement the provisions of this section. [2014 c.19 §2; 2017 c.17 §51]

Source: Section 646A.810 — Patent infringement claim made in bad faith; enforcement as unlawful practice; limitations; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.920 — OR Code / Title 50 / Chapter 646 / Section 646.920
646.920 Wholesale dealer
Status: in_force

Before or at the time of delivery of gasoline from a wholesale dealer to a retail dealer or nonretail dealer, the wholesale dealer must give the retail dealer or nonretail dealer on an invoice, bill of lading, shipping notice or other documentation, a declaration of the predominant oxygenate or combination of oxygenates present in concentration sufficient to yield an oxygen content of at least 1.5 mass percent in the gasoline. When mixtures of only ethers are present, the wholesale dealer shall identify the predominant oxygenate in the gasoline followed by the phrase “or other ethers.” Any gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as “with” or “containing” methanol. [1985 c.468 §4(1); 1997 c.310 §12]

Source: Section 646.920 — Wholesale dealer; declaration of contents required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.430 — OR Code / Title 50 / Chapter 646a / Section 646a.430
646A.430 Definitions for ORS 646A.430 to 646A.450
Status: in_force

As used in ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) :

(1) “Consumer” means a person in this state who purchases a vehicle protection product or who possesses a vehicle protection product and is entitled to enforce a warranty for the product by reason of the person’s possession.

(2) “Reimbursement insurance policy” means an insurance policy issued to a warrantor that:

(a) Reimburses the warrantor for expenses or other obligations the warrantor incurs in complying with the terms and conditions in a vehicle protection product warranty; or

(b) Pays on a warrantor’s behalf all obligations due under the terms and conditions of the warrantor’s vehicle protection product warranty.

(3) “Reimbursement insurer” means an insurer that issues a reimbursement insurance policy.

(4) “Seller” means a person engaged in the business of offering a vehicle protection product for sale to a consumer.

(5) Intentionally left blank —Ed.

(a) “Vehicle protection product” means:

(A) A protective chemical, substance, device, product or system that is:

(i) Designed to prevent loss or damage to a vehicle from a specific cause; and

(ii) Accompanied by a written warranty that provides that if the vehicle protection product fails to prevent a specified loss or damage, the warrantor will reimburse a consumer for specified related and incidental costs the consumer incurs as a result of the vehicle protection product’s failure to perform in accordance with the terms of the vehicle protection product warranty, if the consumer purchases a physical product that is designed or formulated to make the specified related and incidental costs less likely to occur;

(B) An alarm system;

(C) A product to mark motor vehicle body parts;

(D) A lock for a motor vehicle steering wheel, pedal or ignition;

(E) A product to etch motor vehicle windows;

(F) A kill switch for motor vehicle ignitions or fuel systems;

(G) A tracking system that uses satellites, radio or electronic means; or

(H) Other similar or related chemicals, substances, devices, products, systems or services that are designed to prevent loss or damage to a motor vehicle from a specific cause.

(b) “Vehicle protection product” does not include:

(A) A fuel or oil additive; or

(B) Other chemical products that are applied to a motor vehicle’s engine, transmission or fuel system.

(6) Intentionally left blank —Ed.

(a) “Warrantor” means a person that a vehicle protection product warranty names as the contractual obligor to the consumer.

(b) “Warrantor” does not include an authorized insurer that provides a warranty reimbursement insurance policy. [2007 c.685 §1; 2013 c.527 §3]

Source: Section 646A.430 — Definitions for ORS 646A.430 to 646A.450 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.559 — OR Code / Title 50 / Chapter 646 / Section 646.559
646.559 Rules
Status: in_force

In accordance with any applicable provision of ORS chapter 183, the Attorney General may adopt rules to carry out the provisions of ORS 646.551 (Definitions for ORS 646.551 to 646.557) to 646.557 (Required disclosures by telephonic seller) . [1989 c.622 §6]

Source: Section 646.559 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.460 — OR Code / Title 50 / Chapter 646a / Section 646a.460
646A.460 Definitions for ORS 646A.460 to 646A.476
Status: in_force

As used in ORS 646A.460 (Definitions for ORS 646A.460 to 646A.476) to 646A.476 (Civil action for damages) :

(1) “Assistive device” or “device” means:

(a) Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and controls for any motorized features; and

(b) Hearing aids as defined in ORS 694.015 (Definitions for ORS 694.015 to 694.170) .

(2) “Assistive device system” means a system of assistive devices. An “assistive device system” may be a single assistive device, or each component part of the assistive device system may be considered a separate assistive device.

(3) “Authorized dealer” means a dealer authorized by a manufacturer to sell or lease assistive devices manufactured or assembled by the manufacturer.

(4) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of delivering the assistive device to the manufacturer or dealer for repair and obtaining an alternative device if no loaner was offered.

(5) “Consumer” means any of the following:

(a) The purchaser of an assistive device, if the device was purchased from a dealer or manufacturer for purposes other than resale;

(b) A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the device;

(c) A person who may enforce the warranty; or

(d) A person who leases an assistive device from a dealer under a written lease.

(6) “Current value of the written lease” means the total amount for which the lease obligates the consumer during the period of the lease remaining after its early termination, plus the dealer’s early termination costs and the market value of the assistive device at the lease expiration date if the lease sets forth that market value, less the dealer’s early termination savings.

(7) “Dealer” means a person who is in the business of selling or leasing assistive devices.

(8) “Demonstrator” means an assistive device that would be new but for its use, since its manufacture, only for the purpose of demonstrating the device to the public or prospective buyers or lessees.

(9) “Early termination cost” means any expense or obligation that a dealer incurs as a result of both the termination of a written lease before the termination date set forth in the lease and the return of an assistive device to a manufacturer under ORS 646A.464 (Repair of assistive device) (4). “Early termination cost” includes a penalty for prepayment under a finance arrangement.

(10) “Early termination savings” means any expense or obligation that a dealer avoids as a result of both the termination of a written lease before the termination date set forth in the lease and the return of an assistive device to a manufacturer under ORS 646A.464 (Repair of assistive device) (4). “Early termination savings” includes the interest charge that the dealer would have paid to finance the device or, if the dealer does not finance the device, the difference between the total amount for which a lease obligates the consumer during the period of the lease term remaining after the early termination and the present market value of that amount at the date of the early termination.

(11) “Individual with a disability” means any individual who is considered to have a mental or physical disability or impairment for the purposes of any law of this state or of the United States, including any rules or regulations adopted under those laws.

(12) “Loaner” means an assistive device, provided to the consumer for use by the user free of charge, that need not be new or be identical to or have functional capabilities equal to or greater than those of the original assistive device, but that meets the following conditions:

(a) It is in good working order;

(b) It performs at a minimum the most essential functions of the original assistive device, in light of the disability of the user; and

(c) Any differences between it and the original assistive device do not create a threat to safety.

(13) “Manufacturer” means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantor of the manufacturer’s device, but does not include a dealer.

(14) Intentionally left blank —Ed.

(a) “Nonconformity” means a condition or defect that substantially impairs the use, market value or safety of an assistive device and that is covered by an express warranty applicable to the device or to a component of the device.

(b) “Nonconformity” does not include a condition or defect that:

(A) Is the result of abuse or neglect of the device by a consumer;

(B) Is the result of an unauthorized modification or alteration of the device by a consumer if the modification or alteration substantially affects the performance of the device; or

(C) For hearing aids, is the result of normal use of the hearing aid and when the condition or defect could be resolved through fitting adjustments, cleaning or proper care.

(15) Intentionally left blank —Ed.

(a) “Reasonable allowance for use” means:

(A) When an assistive device has been sold to a consumer, no more than the amount obtained by multiplying the full purchase price of the device by a fraction, the denominator of which is the number of days in the useful life of the device and the numerator of which is the number of days that the device was used before the consumer first reported the nonconformity to the manufacturer or any authorized dealer.

(B) When an assistive device has been leased to a consumer, no more than the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is the useful life of the device and the numerator of which is the number of days that the device was used before the consumer first reported the nonconformity to the manufacturer or any authorized dealer.

(b) As used in this subsection, the useful life of the assistive device is the greater of:

(A) Five years; or

(B) Such other time that the consumer may prove to be the expected useful life of assistive devices of the same kind.

(16) “Reasonable attempt to repair” means, within the terms of an express warranty applicable to an assistive device:

(a) The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues; or

(b) The assistive device is out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity.

(17) “User” means an individual with a disability who, by reason thereof, needs and actually uses the assistive device. [Formerly 646.482]

Source: Section 646A.460 — Definitions for ORS 646A.460 to 646A.476 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.020 — OR Code / Title 50 / Chapter 650 / Section 650.020
650.020 Liability of franchise seller
Status: in_force

(1) Any person who sells a franchise is liable as provided in subsection (3) of this section to the franchisee if the seller:

(a) Employs any device, scheme or artifice to defraud; or

(b) Makes any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

(2) It shall be an affirmative defense to any action for legal or equitable remedies brought under subsection (1) of this section if the franchisee knew of the untruth or omission.

(3) The franchisee may recover any amounts to which the franchisee would be entitled upon an action for a rescission. Except as provided in subsection (4) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(4) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (3) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

(5) Every person who directly or indirectly controls a franchisor liable under subsection (1) of this section, every partner, officer or director of the franchisor, every person occupying a similar status or performing similar functions, and every person who participates or materially aids in the sale of a franchise is also liable jointly and severally to the same extent as the franchisor, unless the nonseller did not know, and, in the exercise of reasonable care, could not have known, of the existence of the facts on which the liability is based.

(6) An action may not be commenced under this section more than three years after the sale.

(7) A corporation which is liable under ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) shall have a right of indemnification against any of its principal executive officers, directors and controlling persons whose willful violation of any provision of ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) gave rise to the liability. All persons liable under ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) shall have a right of contribution against all other persons similarly liable, based upon each person’s proportionate share of the total liability, except:

(a) A person willfully misrepresenting or failing to disclose shall not have any right of contribution against any other person guilty merely of a negligent violation; and

(b) A principal executive officer, director, or controlling person shall not have any right of contribution against the corporation to which the person sustains that relationship. [1973 c.509 §4; 1979 c.284 §185; 1995 c.696 §40]

Source: Section 650.020 — Liability of franchise seller; defenses; amount of recovery; attorney fees; joint and several liability; limitation on action; indemnification of corporation; right of contribution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.295 — OR Code / Title 50 / Chapter 646a / Section 646a.295
646A.295 Prohibited actions
Status: in_force

(1) It is unlawful for a person that makes an automatic renewal or continuous service offer to a consumer in this state to do any of the following:

(a) Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before a subscription or purchasing agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer.

(b) Charge the consumer’s credit or debit card or payment account with a third party for an automatic renewal or continuous service without first obtaining the consumer’s affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms.

(c) Fail to provide an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the offer includes a free trial, the person shall also disclose in the acknowledgment how to cancel and allow the consumer to cancel before the consumer pays for the goods or services.

(2) A person making automatic renewal or continuous service offers shall provide a toll-free telephone number, electronic mail address, a post-office address only when the person directly bills the consumer, or another cost-effective, timely and easy-to-use mechanism for cancellation that must be described in the acknowledgment required by subsection (1)(c) of this section.

(3) In the case of a material change in the terms of the automatic renewal or continuous service offer that has been accepted by a consumer, the person shall provide the consumer with a clear and conspicuous notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer.

(4) The requirements of this section must be met prior to the completion of the initial order for the automatic renewal or continuous service, except as follows:

(a) The requirement in subsection (1)(c) of this section may be fulfilled after completion of the initial order.

(b) The requirement in subsection (3) of this section must be fulfilled prior to implementation of the material change.

(c) The requirements in subsection (1)(a) and (c) of this section may be fulfilled in the initial billing statement or invoice provided to the consumer when the person directly bills the consumer.

(5) In the event a person sends goods, wares, merchandise or products to a consumer under a continuous service agreement or pursuant to an automatic renewal of a purchase without first obtaining the consumer’s affirmative consent as required in subsection (1) of this section, the goods, wares, merchandise or products shall for all purposes be deemed an unconditional gift to the consumer who may use or dispose of them in any manner the consumer sees fit without any obligation to the person including, but not limited to, requiring the consumer to ship, or bear the cost of shipping, any goods, wares, merchandise or products to the person.

(6) The following are exempt from the requirements of this section:

(a) A person that provides a service pursuant to a franchise issued by a political subdivision of the state or a license, franchise, certificate or other authorization issued by the Public Utility Commission of Oregon.

(b) A person that provides a service regulated by the Public Utility Commission of Oregon, the Federal Communications Commission or the Federal Energy Regulatory Commission.

(c) A person regulated by the Department of Consumer and Business Services under the Insurance Code.

(d) A bank, bank holding company, or the subsidiary or affiliate of either, or a credit union or other financial institution or trust company as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , that is licensed under state or federal law.

(e) A person that is regulated as a service contract seller under ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) .

(f) A consumer finance company licensed under ORS chapter 725.

(g) A person that provides direct-to-home satellite services subject to regulation by the Federal Communications Commission. [2011 c.509 §3]

Source: Section 646A.295 — Prohibited actions; requirements; timing; failure to obtain consent; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.490 — OR Code / Title 50 / Chapter 646a / Section 646a.490
646A.490 Additional prohibited actions
Status: in_force

(1) A vehicle repair shop may not:

(a) Charge a person for work not performed on a motor vehicle even if the work is shown on an estimate for which the vehicle repair shop has obtained an authorization from the owner or the owner’s designee.

(b) Provide or install used parts or any component system composed of new and used parts if an estimate prepared under ORS 646A.482 (Estimate required before beginning work) indicates that the vehicle repair shop will use new parts or component systems in work performed on the motor vehicle.

(c) Knowingly provide or install, without disclosing to the owner or the owner’s designee, a used or reconditioned part.

(2) A vehicle repair shop shall:

(a) Reassemble, if all necessary parts are available, approximately within the time indicated on an estimate prepared under ORS 646A.482 (Estimate required before beginning work) (2), a motor vehicle that the vehicle repair shop has disassembled or from which the vehicle repair shop has removed parts in order to evaluate the condition of the motor vehicle.

(b) Maintain for not less than one year, in electronic or printed form, legible copies of all documents required or provided under ORS 646A.480 (Definitions for ORS 646A.480 to 646A.495) to 646A.495 (Owner designee) . [2009 c.133 §4]

Source: Section 646A.490 — Additional prohibited actions; reassembly required; copies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.068 — OR Code / Title 50 / Chapter 646a / Section 646a.068
646A.068 Penalty for violating ORS 646A.065
Status: in_force

(1) A person that violates the provisions of ORS 646A.065 (Records required for transactions involving items of precious metal) commits a Class C violation.

(2) Notwithstanding subsection (1) of this section, a person that violates the provisions of ORS 646A.065 (Records required for transactions involving items of precious metal) three or more times commits a Class A violation for each subsequent violation.

(3) Notwithstanding subsections (1) and (2) of this section, a person that violates the provisions of ORS 646A.065 (Records required for transactions involving items of precious metal) six or more times is subject to a fine of not less than $5,000 for each subsequent violation. [2012 c.99 §5]

Source: Section 646A.068 — Penalty for violating ORS 646A.065 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.728 — OR Code / Title 50 / Chapter 647 / Section 647.728
647.728 Conduct of investigations by performing rights society
Status: in_force

ORS 647.700 (Definitions for ORS 647.700 to 647.730) to 647.730 (Applicability of ORS 647.700 to 647.730) do not prohibit a performing rights society from conducting investigations to determine whether a proprietor is performing copyrighted musical works or informing a proprietor of the proprietor’s obligations under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.) and other copyright laws or regulations of the United States. [2018 c.28 §2]

Note: See note under 647.700 (Definitions for ORS 647.700 to 647.730) .

Source: Section 647.728 — Conduct of investigations by performing rights society , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 648.125 — OR Code / Title 50 / Chapter 648 / Section 648.125
648.125 Rules
Status: in_force

In accordance with any applicable provisions of ORS chapter 183, the Secretary of State may adopt rules the secretary considers necessary or proper for the administration of this chapter. [1963 c.551 §14; 2003 c.14 §393]

Source: Section 648.125 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 646.639 — OR Code / Title 50 / Chapter 646 / Section 646.639
646.639 Unlawful collection practices
Status: in_force

(1) As used in this section and ORS 646A.670 (Legal action to collect debt) :

(a) “Charged-off debt” means a debt that a creditor treats as a loss or expense and not as an asset.

(b) “Consumer” means a natural person who purchases or acquires property, services or credit for personal, family or household purposes.

(c) “Consumer transaction” means a transaction between a consumer and a person that sells, leases or provides property, services or credit to consumers.

(d) “Credit” means a right that a creditor grants to a consumer to defer payment of a debt, to incur a debt and defer payment of the debt, or to purchase or acquire property or services and defer payment for the property or services.

(e) “Creditor” means a person that, in the ordinary course of the person’s business, engages in consumer transactions that result in a consumer owing a debt to the person.

(f) “Debt” means an obligation or alleged obligation that arises out of a consumer transaction.

(g) Intentionally left blank —Ed.

(A) “Debt buyer” means a person that regularly engages in the business of purchasing charged-off debt for the purpose of collecting the charged-off debt or hiring another person to collect or bring legal action to collect the charged-off debt.

(B) “Debt buyer” does not include a person that acquires charged-off debt as an incidental part of acquiring a portfolio of debt that is predominantly not charged-off debt.

(h) “Debt collector” means a person that by direct or indirect action, conduct or practice collects or attempts to collect a debt owed, or alleged to be owed, to a creditor or debt buyer.

(i) “Debtor” means a consumer who owes or allegedly owes a debt, including a consumer who owes an amount that differs from the amount that a debt collector attempts to collect or that a debt buyer purchased or attempts to collect.

(j) “Legal action” means a lawsuit, mediation, arbitration or any other proceeding in any court, including a small claims court.

(k) “Original creditor” means the last entity that extended credit to a consumer to purchase goods or services, to lease goods or as a loan of moneys.

(L) “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity.

(2) A debt collector engages in an unlawful collection practice if the debt collector, while collecting or attempting to collect a debt, does any of the following:

(a) Uses or threatens to use force or violence to cause physical harm to a debtor or to the debtor’s family or property.

(b) Threatens arrest or criminal prosecution.

(c) Threatens to seize, attach or sell a debtor’s property if doing so requires a court order and the debt collector does not disclose that seizing, attaching or selling the debtor’s property requires prior court proceedings.

(d) Uses profane, obscene or abusive language in communicating with a debtor or the debtor’s family.

(e) Communicates with a debtor or any member of the debtor’s family repeatedly or continuously or at times known to be inconvenient to the debtor or any member of the debtor’s family and with intent to harass or annoy the debtor or any member of the debtor’s family.

(f) Communicates or threatens to communicate with a debtor’s employer concerning the nature or existence of the debt.

(g) Communicates without a debtor’s permission or threatens to communicate with the debtor at the debtor’s place of employment if the place of employment is other than the debtor’s residence, except that the debt collector may:

(A) Write to the debtor at the debtor’s place of employment if a home address is not reasonably available and if the envelope does not reveal that the communication is from a debt collector other than the person that provided the goods, services or credit from which the debt arose.

(B) Telephone a debtor’s place of employment without informing any other person of the nature of the call or identifying the caller as a debt collector but only if the debt collector in good faith has made an unsuccessful attempt to telephone the debtor at the debtor’s residence during the day or during the evening between the hours of 6 p.m. and 9 p.m. The debt collector may not contact the debtor at the debtor’s place of employment more frequently than once each business week and may not telephone the debtor at the debtor’s place of employment if the debtor notifies the debt collector not to telephone at the debtor’s place of employment or if the debt collector knows or has reason to know that the debtor’s employer prohibits the debtor from receiving such communication. For the purposes of this subparagraph, any language in any agreement, contract or instrument that creates or is evidence of the debt and that purports to authorize telephone calls at the debtor’s place of employment does not give permission to the debt collector to call the debtor at the debtor’s place of employment.

(h) Communicates with a debtor in writing without clearly identifying the name of the debt collector, the name of the person, if any, for whom the debt collector is attempting to collect the debt and the debt collector’s business address, on all initial communications. In subsequent communications involving multiple accounts, the debt collector may eliminate the name of the person, if any, for whom the debt collector is attempting to collect the debt and substitute the term “various” in place of the person’s name.

(i) Communicates with a debtor orally without disclosing to the debtor, within 30 seconds after beginning the communication, the name of the individual who is initiating the communication and the true purpose of the communication.

(j) Conceals the true purpose of the communication so as to cause any expense to a debtor in the form of long distance telephone calls, telegram fees, additional charges for wireless communication or other charges the debtor might incur by using a medium of communication.

(k) Attempts or threatens to enforce a right or remedy while knowing or having reason to know that the right or remedy does not exist, or threatens to take any action that the debt collector in the regular course of business does not take.

(L) Uses any form of communication that simulates legal or judicial process or that appears to be authorized, issued or approved by a governmental agency, governmental official or an attorney at law if the corresponding governmental agency, governmental official or attorney at law has not in fact authorized or approved the communication.

(m) Represents that an existing debt may be increased by the addition of attorney fees, investigation fees or any other fees or charges if the fees or charges may not legally be added to the existing debt.

(n) Collects or attempts to collect interest or other charges or fees that exceed the actual debt unless the agreement, contract or instrument that creates the debt expressly authorizes, or a law expressly allows, the interest or other charges or fees.

(o) Threatens to assign or sell a debtor’s account and misrepresents or implies that the debtor would lose any defense to the debt or would be subjected to harsh, vindictive or abusive collection tactics.

(p) Uses the seal or letterhead of a public official or a public agency, as those terms are defined in ORS 171.725 (Definitions for ORS 171.725 to 171.785) .

(q) Collects or attempts to collect any debt that the debt collector knows, or after exercising reasonable diligence would know, arises from medical expenses that qualify for reimbursement under the Oregon Health Plan or under Medicaid, except that:

(A) The debt collector does not engage in an unlawful collection practice if the debt collector can produce an affidavit or certificate from the original creditor that shows that the original creditor complied with Oregon Health Authority rules barring payments for services that Medicaid fee-for-service plans or contracted health care plans cover; and

(B) For purposes of this paragraph, a prepaid managed care health services organization, a coordinated care organization or a public body, as defined in ORS 174.109 (“Public body” defined) , or an agent or assignee of the organization or public body, is not a debt collector if the organization or public body seeks to collect a debt that arises under ORS 416.540 (Lien of department and authority) .

(r) Files a legal action to collect or files a legal action to attempt to collect a debt if the debt collector knows, or after exercising reasonable diligence would know, that an applicable statute of limitations bars the collection or the collection attempt.

(s) Knowingly collects any amount, including any interest fee, charge or expense incidental to the principal obligation, unless the amount is expressly authorized by the agreement creating the debt or permitted by law.

(t) Collects or attempts to collect a debt if the debt collector is a debt buyer, or is acting on a debt buyer’s behalf, and collects or attempts to collect purchased debt before providing to a debtor, within 30 days after the date of the debtor’s request, all of the documents listed in subsection (4)(b) of this section.

(u) Collects or attempts to collect a debt without complying with the requirements of ORS 646A.677 (Requirement to screen for financial assistance before transferring medical debt for collection) .

(3) A debt collector engages in an unlawful collection practice if the debt collector, by use of any direct or indirect action, conduct or practice, enforces or attempts to enforce an obligation made void and unenforceable by the provisions of ORS 759.720 (Action against information provider for failure to comply with law) (3) to (5).

(4) A debt buyer or debt collector acting on behalf of a debt buyer engages in an unlawful collection practice if the debt buyer or debt collector:

(a) Files legal action against a debtor or files legal action to attempt to collect a debt if the debt buyer or debt collector knows or after exercising reasonable diligence would know that an applicable statute of limitations bars the legal action to collect or the legal action to attempt to collect the debt;

(b) Brings a legal action against a debtor or otherwise brings a legal action to attempt to collect a debt without possessing business records that satisfy the requirements of ORS 40.460 (Rule 803. Hearsay exceptions) (6), or of ORS 24.115 (Filing of foreign judgment) , if the record is a foreign judgment, that establish the nature and the amount of the debt and that include:

(A) The original creditor’s name, written as the original creditor used the name in dealings with the debtor;

(B) The name and address of the debtor;

(C) The name, address and telephone number of the person that owns the debt and a statement as to whether the person is a debt buyer;

(D) The last four digits of the original creditor’s account number for the debt, if the original creditor’s account number for the debt had four or more digits;

(E) A detailed and itemized statement of:

(i) The amount the debtor last paid on the debt, if the debtor made a payment, and the date of the payment;

(ii) The amount and date of the debtor’s last payment on the debt before the debtor defaulted or before the debt became charged-off debt;

(iii) The balance due on the debt on the date on which the debt became charged-off debt;

(iv) The amount and rate of interest, any fees and any charges that the original creditor imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge;

(v) The amount and rate of interest, any fees and any charges that the debt buyer or any previous owner of the debt imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge;

(vi) The attorney fees the debt buyer or debt collector seeks, if the debt buyer or debt collector expects to recover attorney fees; and

(vii) Any other fee, cost or charge the debt buyer seeks to recover;

(F) Evidence that the debt buyer and only the debt buyer owns the debt;

(G) The date on which the debt buyer purchased the debt; and

(H) A copy of the agreement between the original creditor and the debtor that is either:

(i) The contract or other writing the debtor signed that created and is evidence of the original debt; or

(ii) A copy of the most recent monthly statement that shows a purchase transaction or balance transfer or the debtor’s last payment, if the debtor made a payment, if the debt is a credit card debt or other debt for which a contract or other writing that is evidence of the debt does not exist;

(c) Fails to provide to a debtor, after the debt buyer or debt collector receives payment in cash or the debtor requests the receipt, a receipt that:

(A) Shows the name of the creditor or creditors for whom the debt buyer or debt collector received the payment and, if the creditor is not the original creditor, the account number that the original creditor assigned; and

(B) States clearly whether the debt buyer or debt collector accepts the payment as payment in full or as a full and final compromise of the debt and, if not, the balance remaining on the debt after the payment;

(d) Collects or attempts to collect a debt before providing, in response to a debtor’s request, the documents required under paragraph (b) of this subsection. A debt buyer or a debt collector that acts on the debt buyer’s behalf does not engage in an unlawful collection practice under this paragraph if the debt buyer or debt collector collects or attempts to collect a debt after providing the required documents to the debtor; or

(e) Uses any direct or indirect action, conduct or practice to violate a provision of this section or ORS 646A.670 (Legal action to collect debt) .

(5) A debt collector is not acting on a debt buyer’s behalf, and is not subject to the duties to which a debt buyer is subject under this section and ORS 646A.670 (Legal action to collect debt) , if the debt collector collects or attempts to collect a debt on behalf of an owner that retains a direct interest in the debt or if the debt is not a debt that a debt buyer purchased. [1977 c.184 §2; 1985 c.799 §1; 1991 c.672 §9; 1991 c.906 §1; 1995 c.696 §50; 2013 c.551 §3; 2017 c.625 §2; 2018 c.79 §1; 2019 c.497 §11]

Source: Section 646.639 — Unlawful collection practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.108 — OR Code / Title 50 / Chapter 646a / Section 646a.108
646A.108 Prohibited conduct
Status: in_force

(1) A person that intends to conduct a going out of business sale may not transfer merchandise from an affiliated business or business location to the location of the sale.

(2) A person, after displaying a notice of intent at a business location where the person intends to conduct a going out of business sale, may not buy or order merchandise, take merchandise on consignment or receive a transfer of merchandise from an affiliated business or business location for the purpose of selling the merchandise at the sale or sell the merchandise in a going out of business sale. [2007 c.820 §5; 2015 c.277 §4]

Source: Section 646A.108 — Prohibited conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.693 — OR Code / Title 50 / Chapter 646a / Section 646a.693
646A.693 Prescription Drug Affordability Board
Status: in_force

(1) The Prescription Drug Affordability Board is established in the Department of Consumer and Business Services to protect residents of this state, state and local governments, commercial health plans, health care providers, pharmacies licensed in this state and other stakeholders within the health care system in this state from the high costs of prescription drugs.

(2) The board consists of eight members appointed by the Governor.

(3) The term of office of each member of the board is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) The appointment of each member of the board is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) .

(5) A member of the board is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(6) The members of the board must be residents of this state with expertise in health care economics and clinical medicine.

(7) A member of the board may not be an employee of, a board member of or a consultant to a manufacturer or a trade association of manufacturers.

(8) The board shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the board determines.

(9) A majority of the members of the board constitutes a quorum for the transaction of business.

(10) The department shall appoint an executive director for the board, may employ consultants, investigators or other staff and shall provide staff support to the board to carry out its duties.

(11) The board shall meet at least once every six weeks at a time and place determined by the chairperson. The chairperson may cancel or postpone a regular meeting if there is no prescription drug to review. The board may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the board.

(12) Intentionally left blank —Ed.

(a) The following actions by the board shall be open to the public in accordance with ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) :

(A) Any deliberation on whether to conduct an affordability review of a prescription drug under ORS 646A.694 (Annual affordability determination for identified drugs and insulin products) ; and

(B) Any decision or deliberation toward a decision on any matter before the board except as provided in paragraph (b) of this subsection.

(b) The board may meet in executive session to discuss trade secret information.

(13) The board shall:

(a) Provide public notice of each board meeting at least two weeks in advance of the meeting;

(b) Make materials for each board meeting available to the public at least one week in advance of the meeting;

(c) Provide an opportunity for public comment at each open meeting of the board; and

(d) Provide the public with the opportunity to submit written comments on any pending decision of the board.

(14) The board may allow expert testimony at board meetings, including when the board meets in executive session.

(15) Intentionally left blank —Ed.

(a) A member of the board shall recuse the member from decisions related to a prescription drug if the member, or an immediate family member of the member, has received or could receive any of the following:

(A) A direct financial benefit of any amount deriving from the result or finding of a study, review or determination by or for the board; or

(B) A financial benefit from any person that owns, manufactures, or provides prescription drugs, services or items to be reviewed by the board that in the aggregate exceeds $5,000 per year.

(b) For the purposes of paragraph (a) of this subsection, a financial benefit includes honoraria, fees, stock, the value of the member’s or immediate family member’s stock holdings and any direct financial benefit deriving from the result or finding of a study, review or determination by or for the board.

(c) A conflict of interest shall be disclosed:

(A) By the board when hiring board staff;

(B) By the Governor when appointing members to the board; and

(C) By the board, when a member of the board is recused in any final decision resulting from a review of a prescription drug.

(d) A conflict of interest shall be disclosed at the earlier of:

(A) Prior to the first board meeting after the conflict is identified; or

(B) Within five days after the conflict is identified.

(e) A conflict of interest disclosed under this section shall be posted on the website of the board unless the chairperson of the board recuses the member from any final decision resulting from a review of a prescription drug.

(f) A posting under paragraph (e) of this subsection shall include the type, nature and magnitude of the conflict of interest of the member involved.

(16) Members of the board, staff and third parties that contract with the board may not accept any gift or donation of services or property that creates a potential conflict of interest or has the appearance of biasing the work of the board.

(17) Intentionally left blank —Ed.

(a) The board may enter into a contract with a qualified, independent third party for any service necessary to carry out the powers and duties of the board.

(b) Unless permission is granted by the board, a third party hired by the board may not release, publish or otherwise use any information to which the third party has access under its contract.

(18) In accordance with applicable provisions of ORS chapter 183, the board may adopt rules necessary for the administration of ORS 646A.680 (Legislative intent) to 646A.697 (Study of market for generic drugs) . [2021 c.598 §1; 2023 c.466 §6]

Note: Section 9, chapter 598, Oregon Laws 2021, provides:

Sec. 9. Notwithstanding the term of office specified by section 1, chapter 598, Oregon Laws 2021 [ 646A.693 (Prescription Drug Affordability Board) ], of the members first appointed to the Prescription Drug Affordability Board:

(1) Two members shall serve for a term ending December 31, 2024.

(2) Three members shall serve for a term ending December 31, 2025.

(3) Three members, including the chairperson, shall serve for a term ending December 31, 2026. [2021 c.598 §9; 2023 c.466 §7]

Source: Section 646A.693 — Prescription Drug Affordability Board; membership and qualifications of members; terms of office; duties; conflicts of interest; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.284 — OR Code / Title 50 / Chapter 646a / Section 646a.284
646A.284 Cause of action by Attorney General
Status: in_force

(1) The Attorney General shall have a cause of action against any person who violates ORS 646A.282 (Simulated invoices prohibited) .

(2) If the Attorney General prevails, the court shall enter judgment against the defendant for:

(a) Each simulated invoice uttered in this state, for the greater of:

(A) Three times the amount stated in the simulated invoice; or

(B) $500;

(b) Such orders or judgments as may be necessary to restore to any person any moneys of which the person was deprived by any conduct in violation of ORS 646A.282 (Simulated invoices prohibited) ; and

(c) Such orders or judgments as may be necessary to ensure cessation of conduct in violation of ORS 646A.282 (Simulated invoices prohibited) .

(3) The court may award reasonable attorney fees to the prevailing party in an action under this section.

(4) All sums of money received by the Department of Justice under a judgment, settlement or compromise in an action or potential action brought under this section, shall, upon receipt, be deposited with the State Treasurer to the credit of the Department of Justice Protection and Education Revolving Account established pursuant to ORS 180.095 (Department of Justice Protection and Education Revolving Account) . [Formerly 646.296; 2009 c.820 §3]

Source: Section 646A.284 — Cause of action by Attorney General; judgment; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.550 — OR Code / Title 50 / Chapter 646a / Section 646a.550
646A.550 Short title
Status: in_force

ORS 646A.555 (License to engage in business activity not required for individual under 17 years of age) may be cited as the Oregon Young Entrepreneurs Act. [2009 c.276 §1]

Source: Section 646A.550 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.150 — OR Code / Title 50 / Chapter 646 / Section 646.150
646.150 Action for damages
Status: in_force

If no injunctive relief is sought or required, any person injured by any violation of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) may maintain an action for damages alone in any court of general jurisdiction in this state. The measure of damages in such action shall be the same as that prescribed by ORS 646.140 (Enjoining violations) .

Source: Section 646.150 — Action for damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.040 — OR Code / Title 50 / Chapter 646 / Section 646.040
646.040 Price discrimination prohibited
Status: in_force

(1) It is unlawful for any person engaged in commerce or food commerce, or both, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities, or services or output of a service trade, of like grade and quality or to discriminate in price between different sections, communities or cities or portions thereof or between different locations in sections, communities, cities or portions thereof in this state, where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them.

(2) Subsection (1) of this section does not prevent:

(a) Differentials which make only due allowance for differences in the cost of manufacture, sale or delivery, resulting from the differing methods or quantities in which the commodities are sold or delivered to purchasers.

(b) Persons engaged in selling goods, wares or merchandise, or service or output of a service trade, in commerce from selecting their own customers in bona fide transactions and not in restraint of trade.

(c) Price changes from time to time where in response to changing conditions affecting the market for or marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

Source: Section 646.040 — Price discrimination prohibited; price differentials , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 650.225 — OR Code / Title 50 / Chapter 650 / Section 650.225
650.225 Death of franchisee
Status: in_force

(1) Following the death of a motor fuel retailer franchisee and notwithstanding the terms of the franchise, the franchisor, in the case of leased marketing premises, shall enter into a new franchise with the designee of the motor fuel retailer franchisee on the terms and conditions then generally being extended by the franchisor to similarly situated motor fuel retailers if:

(a) Prior to the death of a motor fuel retailer franchisee, the motor fuel retailer franchisee notifies the franchisor in writing of the designee, who shall be the surviving spouse, adult child, or adult stepchild of the motor fuel retailer franchisee or in the absence of a designation, the motor fuel retailer franchisee’s surviving spouse, if any;

(b) At the time of the motor fuel retailer franchisee’s death, the designee meets the qualifications then being required by the franchisor for its motor fuel retailer franchisees; and

(c) Within 10 days following the motor fuel retailer franchisee’s death, the designee enters into a new franchise with the franchisor on the terms and conditions then generally being extended by the franchisor to similarly situated motor fuel retailer franchisees, except that for the part of the term of the new lease equal to the unexpired portion of decedent franchisee’s prior lease, the rent shall be the same as under the prior lease.

(2) Until the designee enters into a new franchise as provided in subsection (1) of this section, the franchisor shall be entitled to possess and to operate the marketing premises for the franchisor’s own account. [1987 c.917 §3]

Source: Section 650.225 — Death of franchisee; when franchisor required to enter into new franchise with designee of franchisee; notice; qualifications; possession of franchise premises , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.553 — OR Code / Title 50 / Chapter 646 / Section 646.553
646.553 Registration of telephonic sellers
Status: in_force

(1) A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to the conduct of such business. A telephonic seller is required to register in the name under which the telephonic seller conducts business. Individual employees of the telephonic seller are not required to register. A telephonic seller is conducting business in this state if telephone solicitations of prospective purchasers are made from locations in this state or solicitation is made of prospective purchasers located in this state.

(2) A registration shall be effective for one year from the date of filing with the Department of Justice. Each application for registration, or renewal thereof, shall be accompanied by a fee of $400.

(3) The Department of Justice shall send to each registrant a certificate or other appropriate document demonstrating registration compliance, which shall be posted at the telephonic seller’s principal business location.

(4) Each application for registration shall be in writing and shall contain such information regarding the conduct of the telephonic seller’s business and the personnel conducting the business and shall be submitted in such form and manner as the Department of Justice may prescribe.

(5) At the time of submission of a registration application, each telephonic seller shall file with the Attorney General an irrevocable consent appointing the Attorney General to act as the telephonic seller’s attorney to receive service of process in any action, suit or proceeding against the telephonic seller or the telephonic seller’s successor in interest which may arise 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) .

(6) The Department of Justice may refuse to issue a registration to, and may suspend, revoke or refuse to renew the registration of, any person who:

(a) Has obtained or attempted to obtain a registration under ORS 646.551 (Definitions for ORS 646.551 to 646.557) to 646.557 (Required disclosures by telephonic seller) by fraud or material misrepresentation;

(b) Has violated any provision of ORS 646.551 (Definitions for ORS 646.551 to 646.557) to 646.557 (Required disclosures by telephonic seller) ;

(c) Has violated a provision of ORS 646.607 (Unlawful business, trade practices) or 646.608 (Additional unlawful business, trade practices) ;

(d) Has violated an assurance of voluntary compliance entered into 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) ;

(e) Is guilty of fraud or deceit, or of gross negligence, incompetency or misconduct in the person’s practice of business as a telephonic seller, creating a risk of financial or other injury to the public;

(f) Has been convicted of a felony under the laws of any state or of the United States. However, such conduct may be considered only to the extent permissible under the provisions of ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction) ;

(g) Has been convicted of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; or

(h) Has had the person’s authority to engage in business as a telephonic seller refused, canceled, revoked, suspended or not renewed in any state.

(7) When the Department of Justice proposes to refuse to issue or renew a registration or proposes to revoke or suspend a registration, opportunity for hearing shall be accorded as provided in ORS chapter 183. The Department of Justice shall adopt rules prescribing the conduct of the hearing, including but not limited to rules governing the admissibility of evidence.

(8) A person whose registration is revoked or not renewed pursuant to this section shall not be eligible to apply for a registration under ORS 646.551 (Definitions for ORS 646.551 to 646.557) to 646.557 (Required disclosures by telephonic seller) until two years after the effective date of the revocation or nonrenewal.

(9) A telephonic seller whose registration is revoked, suspended or not renewed under this section shall not conduct business in this state. [1989 c.622 §3; 1999 c.368 §1]

Source: Section 646.553 — Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.070 — OR Code / Title 50 / Chapter 646a / Section 646a.070
646A.070 Sale of telephonic equipment
Status: in_force

(1) Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges or private automatic branch exchanges of not more than a 20-station capacity shall disclose clearly, in writing, when reasonable, before sale all of the following information:

(a) Whether the equipment uses pulse, tone, pulse-or-tone or other signaling methods.

(b) Whether the equipment can access tone generated services.

(c) Whether the equipment is registered with the Federal Communications Commission under applicable federal regulations.

(d) The person responsible for repair of the equipment.

(e) Minimum charges, if any, for repairs, handling and shipping.

(f) The terms of any written warranty offered with the equipment.

(2) A person who violates subsection (1) of this section commits an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) . The requirement under subsection (1) of this section is subject to enforcement and penalty as provided 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) . [Formerly 646.850]

Source: Section 646A.070 — Sale of telephonic equipment; disclosure requirements; enforcement; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.715 — OR Code / Title 50 / Chapter 646a / Section 646a.715
646A.715 Cancellation
Status: in_force

(1) In addition to any other cancellation or rescission right, a homeowner may cancel a foreclosure consulting contract as provided under this section at any time.

(2) Cancellation under this section occurs when the homeowner gives written notice of cancellation to the foreclosure consultant:

(a) At a physical address specified in the foreclosure consulting contract; or

(b) At a facsimile number or electronic mail address specified in the foreclosure consulting contract.

(3) Intentionally left blank —Ed.

(a) If the homeowner gives written notice of cancellation under this section by mail, the notice is effective when deposited in the United States mail with the proper address and postage.

(b) If the homeowner gives written notice of cancellation under this section by facsimile or electronic mail, the notice is effective upon receipt. Proof of a transmission by the homeowner to the facsimile number or electronic mail address specified in the foreclosure consulting contract creates a rebuttable presumption that the foreclosure consultant received the notice at the time of the transmission.

(4) A homeowner who cancels or breaches a foreclosure consulting contract under this section shall, no later than 60 days after the cancellation or breach, pay for any services performed in good faith under the contract by or on behalf of the foreclosure consultant prior to the cancellation or breach and repay any moneys paid or advanced under the contract by or on behalf of the foreclosure consultant. The homeowner shall also pay any interest allowed by the foreclosure consulting contract, not to exceed nine percent per year.

(5) Failure of the homeowner to repay moneys as provided in subsection (4) of this section does not invalidate the cancellation of the foreclosure consulting contract.

(6) When both parties have signed the foreclosure consulting contract, the foreclosure consultant shall immediately provide the homeowner 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 foreclosure consulting contract;

(c) Be easily detachable; and

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

_____ (Date of Contract)

YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY AT ANY TIME.

To cancel the contract, mail or deliver a signed and dated copy of this Notice of Cancellation, or write something saying you want to cancel, and send it to _________ (name of foreclosure consultant) at _________ (address of foreclosure consultant). You can cancel by fax or e-mail. Send 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 the cancellation and repay any money spent on your behalf under the contract. You have 60 days after cancellation to pay for services and to 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 foreclosure consultant)

_________ (address, fax or e-mail of foreclosure consultant)

I cancel this contract.

Date: _____

Your (homeowner’s) printed name and address:

____________

Your (homeowner’s) signature:

____________

(7) A written notice of cancellation under this section is sufficient, however expressed, if the notice indicates the intent of the homeowner to cancel the foreclosure consulting contract. The contract may not require the homeowner to use the notice of cancellation form set forth in subsection (6) of this section. [2008 c.19 §5]

Source: Section 646A.715 — Cancellation; effective date; payment for services provided before cancellation or breach; form; sufficiency of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.153 — OR Code / Title 50 / Chapter 650 / Section 650.153
650.153 Liability of franchisor for repair of motor vehicle that becomes inoperative prior to sale to consumer
Status: in_force

(1) If a new motor vehicle becomes inoperative prior to being sold to a consumer, the franchisor is liable for the repair of the motor vehicle if the motor vehicle is inoperative due to a mechanical failure that is not the result of negligence on the part of the franchisee.

(2) Whenever a new motor vehicle becomes inoperative, the franchisee shall notify the franchisor and request authorization from the franchisor to repair the vehicle.

(3) If the franchisor refuses or fails to authorize repair of the inoperative motor vehicle within 30 business days after receiving notice under subsection (2) of this section, ownership of the new motor vehicle shall revert back to the franchisor, and the franchisee shall have no obligation, financial or otherwise, with respect to the motor vehicle.

(4) If the franchisor is unable to deliver to the franchisee the parts needed to repair an inoperative new motor vehicle within 30 business days after receiving notice under subsection (2) of this section, ownership of the new motor vehicle shall revert to the franchisor, and the franchisee shall have no obligation, financial or otherwise, with respect to the motor vehicle. [1999 c.660 §8; 2005 c.22 §453]

Source: Section 650.153 — Liability of franchisor for repair of motor vehicle that becomes inoperative prior to sale to consumer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.680 — OR Code / Title 50 / Chapter 646a / Section 646a.680
646A.680 Legislative intent
Status: in_force

The legislative intent of ORS 646A.683 (Requirement to report increase in drug price) is to improve public health and safety by taking steps to address the spiraling health care costs for residents of this state. [2019 c.436 §1]

Source: Section 646A.680 — Legislative intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.574 — OR Code / Title 50 / Chapter 646 / Section 646.574
646.574 List of persons who do not wish to receive telephone solicitations
Status: in_force

(1) If the Attorney General enters into a contract pursuant to ORS 646.572 (Administration of telephone solicitation program through contract or by designation of federal registry) (1)(a), the administrator of the telephone solicitation program shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in the contract between the administrator and the Attorney General and at least once each quarter thereafter, the administrator shall update the list by:

(a) Adding the numbers of parties who have filed notice and paid the fee as required in this section; and

(b) Removing the numbers of those parties who have requested that their numbers be removed or whose listing has expired without renewal.

(2) A party may file notice together with a fee of $10 per listed number, or such lesser amount as may be specified in the contract, with the administrator indicating the party’s desire to place telephone numbers on the list described in subsection (1) of this section. The notice shall be filed in the form and manner specified in the contract between the administrator and the Attorney General. The notice is effective for one year from the date the party files the notice. The party may renew the notice for additional periods of one year by filing an additional notice and paying an additional fee by the anniversary of the original filing date of the notice.

(3) Information about a party is confidential. The Attorney General may not disclose information about a party.

(4) The administrator may not furnish the list or disclose any information about a party to any person, except as follows:

(a) Upon request of a person engaging or intending to engage in telephone solicitations and after payment of the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish to the person:

(A) The most recent copy of the list described in subsection (1) of this section.

(B) The names of the parties whose telephone numbers are on the list.

(b) Upon request of a qualified trade association and after payment of the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish to the qualified trade association:

(A) The most recent copy of the list described in subsection (1) of this section.

(B) The names of the parties whose telephone numbers are on the list.

(c) A qualified trade association that receives a list or the names of the parties whose telephone numbers are on the list under this subsection may make the list or the names available to its members on any terms the association and its members may impose.

(d) Upon request of the Attorney General for the purpose of enforcing ORS 646.569 (Prohibition of solicitation of party on do-not-call list) , the administrator shall furnish the Attorney General with all requested information about a party or any person who the Attorney General believes has engaged in a solicitation prohibited by ORS 646.569 (Prohibition of solicitation of party on do-not-call list) . The administrator may not charge a fee for furnishing the information to the Attorney General.

(e) Upon request of any party who has filed a notice and paid the fee as provided in subsection (2) of this section, the administrator shall furnish the party with all requested information about the party or any person who the party believes has engaged in a solicitation prohibited by ORS 646.569 (Prohibition of solicitation of party on do-not-call list) . The administrator may not charge a fee for furnishing the information to the party.

(f) The administrator shall comply with any lawful subpoena or court order directing disclosure of the list and of any other information.

(g) The administrator shall provide all information that may be requested by any successor administrator who may be selected by the Attorney General. The administrator may not charge a fee for furnishing the information to the successor administrator.

(5) The administrator shall promptly forward any complaints concerning alleged violations of ORS 646.569 (Prohibition of solicitation of party on do-not-call list) to the Attorney General.

(6) Fees paid to the administrator under this section shall be considered income to the administrator in the manner specified in the contract between the administrator and the Attorney General.

(7) When furnishing the list or names under subsection (4) of this section, the administrator shall make the information available in printed and electronic form. [1999 c.564 §4; 2001 c.170 §2; 2007 c.441 §7]

Source: Section 646.574 — List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 649.020 — OR Code / Title 50 / Chapter 649 / Section 649.020
649.020 Registration of name or insignia of organization
Status: in_force

(1) An organization that uses a name or insignia may file an application to register the name or insignia with the Secretary of State in accordance with the requirements, procedures and policies set forth for registering marks under ORS 647.015 (Application for registration) . The Secretary of State shall evaluate the application as provided in ORS 647.029 (Examination of application by Secretary of State) and 647.035 (Marks ineligible for registration) , shall determine whether the name or insignia is in use as provided in ORS 647.017 (When mark is in use) and may issue a certificate of registration for the name or insignia as provided in ORS 647.045 (Certificate of registration) .

(2) A certificate of registration that the Secretary of State issues under this section is:

(a) Effective for the term set forth in ORS 647.055 (Period of registration) ;

(b) Subject to renewal as provided in ORS 647.055 (Period of registration) ; and

(c) Subject to cancellation as provided in ORS 647.075 (Cancellation of registrations) .

(3) For registrations under this section, the Secretary of State shall collect fees as provided in ORS 647.009 (Filing, service, copying and certification fees) .

(4) For the purpose of proving in an action or proceeding in a court in this state that an organization registered a name or insignia under this section, a certificate of registration that the Secretary of State issues for a name or insignia has the same effect as a certificate of registration that the Secretary of State issues for marks under ORS 647.045 (Certificate of registration) .

(5) A person must bring an action to compel or to cancel a registration for a name or insignia in accordance with the procedures set forth in ORS 647.077 (Action to cancel mark or compel registration) for actions to compel or cancel registrations for marks. [Amended by 2015 c.277 §5]

Source: Section 649.020 — Registration of name or insignia of organization; certificate of registration; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors649.­html (accessed May 26, 2025).
ORS § 646.030 — OR Code / Title 50 / Chapter 646 / Section 646.030
646.030 Application to cooperative associations
Status: in_force

ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) shall not prevent a cooperative association from returning to its members, producers or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the association.

Source: Section 646.030 — Application to cooperative associations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 647.065 — OR Code / Title 50 / Chapter 647 / Section 647.065
647.065 Assignment
Status: in_force

(1) A mark and the registration for the mark under this chapter are assignable with the goodwill of the business in which the mark is used, or with the part of the goodwill of the business that is connected with the use of and symbolized by the mark.

(2) To assign the registration, a registrant must sign a written instrument. The registrant may submit the instrument to the Secretary of State for filing. After filing the instrument, the Secretary of State may issue to the assignee a certificate of registration that is effective for the remainder of the term of registration.

(3) An assignment of registration under this section is void as against a subsequent purchaser that purchases the registration for valuable consideration and without notice of the assignment unless the assignment is submitted to the Secretary of State of State for filing within 90 days after the assignment or before the subsequent purchase, whichever is later.

(4) A registrant or applicant for registration may submit for filing with the Secretary of State a change of name for the registration or the application. The Secretary of State may issue a certificate of registration for an assigned application in the assignee’s name or may issue a certificate of registration in the assignee’s name for the remainder of the term of registration.

(5) The Secretary of State, at the Secretary of State’s sole discretion, may receive for filing other signed written instruments related to a mark that is registered or an application that is pending, such as licenses, security interests or mortgages.

(6) Acknowledgment is prima facie evidence of the execution of an assignment or other instrument. If the Secretary of State accepts an instrument for filing, the Secretary of State’s record is prima facie evidence of the execution.

(7) The Secretary of State may accept for filing a photocopy of an instrument if a party to the instrument or a successor to the party certifies that the photocopy is a true and correct copy of the original instrument.

(8) The Secretary of State shall keep for public examination a record of all marks registered or renewed under this chapter and all documents submitted for filing under this section. [1961 c.497 §6; 1965 c.511 §7; 1971 c.318 §6; 1985 c.351 §25; 1985 c.728 §87a; 2005 c.22 §451; 2009 c.459 §11]

Source: Section 647.065 — Assignment; filing with Secretary of State; legal and evidentiary effect; public record of registrations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.244 — OR Code / Title 50 / Chapter 646a / Section 646a.244
646A.244 Cause of action for violation of ORS 646A.240
Status: in_force

(1) Except as provided in subsection (2) of this section, a person who is adversely affected by a creditor’s violation of ORS 646A.240 (Treatment of child support obligations by creditor in applications for extensions of credit) shall have a cause of action to recover compensatory damages against the creditor and may also apply to a court for an injunction to prevent the creditor’s further violation of ORS 646A.240 (Treatment of child support obligations by creditor in applications for extensions of credit) . If the damages are awarded, or an injunction granted, the person shall be entitled to reasonable attorney fees at trial and on appeal, as determined by the court in addition to costs and necessary disbursements.

(2) A creditor shall have no liability for compensatory damages, attorney fees or otherwise and no injunction shall issue:

(a) Where the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error; or

(b) Where in violating ORS 646A.240 (Treatment of child support obligations by creditor in applications for extensions of credit) , the creditor shows by a preponderance of evidence that it acted in good faith, in conformity with any statute, law, ordinance, rule, regulation, administrative interpretation or judicial determination then applicable to the transaction in question. [Formerly 646.865]

Source: Section 646A.244 — Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.060 — OR Code / Title 50 / Chapter 646 / Section 646.060
646.060 Commissions and allowances
Status: in_force

No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, service, or output of a service trade, or merchandise. In all such transactions of sale and purchase, neither party to the transaction shall pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, to the other party to the transaction or to any agent, representative or other intermediary therein, where such agent, representative or other intermediary is acting for or in behalf of or is subject to the direct or indirect control of the other party to the transaction.

Source: Section 646.060 — Commissions and allowances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.838 — OR Code / Title 50 / Chapter 646a / Section 646a.838
646A.838 Rules
Status: in_force

The Department of Consumer and Business Services shall adopt rules to carry out the provisions of ORS 646A.820 (Definitions) to 646A.838 (Rules) . [Formerly 646A.590]

Source: Section 646A.838 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.155 — OR Code / Title 50 / Chapter 650 / Section 650.155
650.155 Liability of manufacturer for damages to vehicles before delivery to carrier
Status: in_force

(1) Notwithstanding the terms of any franchise, the manufacturer is liable for any and all damage to new motor vehicles before delivery to a carrier or transporter.

(2) Whenever a new motor vehicle is damaged in transit, the dealer shall:

(a) Notify the manufacturer of the damage within three business days from the date of delivery to the dealer or within any additional time as specified in the franchise; and

(b) Request from the manufacturer authorization to replace the components, parts and accessories damaged or to otherwise repair the damage.

(3) If the manufacturer refuses or fails to authorize repair of any damage within 10 days after receipt of notification under subsection (2) of this section, or within any additional time as specified in the franchise, ownership of the new motor vehicle shall revert to the manufacturer, and the new motor vehicle dealer shall have no obligation, financial or otherwise, with respect to the motor vehicle.

(4) A manufacturer shall disclose in writing to a dealer, at the time of delivery of a new motor vehicle, the nature and extent of any and all damage and post-manufacturing repairs.

(5) If the total value of repairs to a new motor vehicle by the manufacturer’s authorized agent and a dealer equals or exceeds the amount specified under subsection (6) of this section, the manufacturer may either repurchase the motor vehicle from the dealer, or provide reasonable and adequate compensation to the dealer to assist in sale or disposition of the new motor vehicle, as long as the dealer has complied with all other contractual agreements with regard to damaged vehicles. If the manufacturer repurchases the motor vehicle, the dealer shall have no obligation, financial or otherwise, with respect to the motor vehicle.

(6) A dealer shall disclose, in writing, to a purchaser of the new motor vehicle prior to entering into a sales contract that the new motor vehicle has been damaged and repaired if the damage to the new motor vehicle exceeds $1,000, as calculated at the rate of the dealer’s authorized warranty rate for labor and parts. Replacement of glass, tires, bumpers or any comparable nonwelded component is not considered damage and repair for purposes of this section. For purposes of this subsection, “comparable nonwelded component” does not include a fender, hood, trunk lid or door. [1989 c.716 §3; 1999 c.660 §4; 2003 c.411 §3; 2009 c.627 §2]

Source: Section 650.155 — Liability of manufacturer for damages to vehicles before delivery to carrier , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.770 — OR Code / Title 50 / Chapter 646 / Section 646.770
646.770 Equitable remedies
Status: in_force

(1) Any person, including the state or a public body, threatened with injury to the person’s business or property from a violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necessary reasonable investigative costs and reasonable expert fees.

(2) Except as provided in subsection (3) of this section, in an action that a person, other than the state or a public body, brings under the provisions of this section, the court may award reasonable attorney fees to the prevailing party. Except as provided in subsection (3) of this section, in a civil action that the state or a public body brings under the provisions of this section:

(a) The court may award reasonable attorney fees to the state or the public body if the state or public body prevails in the action; and

(b) The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the state or the public body had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(3) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (2) of this section if the action under this section is maintained as a class action under ORCP 32. [1975 c.255 §9; 1981 c.897 §81; 1995 c.696 §37; 2023 c.103 §3]

Source: Section 646.770 — Equitable remedies; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.348 — OR Code / Title 50 / Chapter 646a / Section 646a.348
646A.348 Action by Attorney General
Status: in_force

(1) The Attorney General may bring an action in the name of the state against any mail agent for violation of ORS 646A.342 (Prohibited conduct) or 646A.344 (Bond or letter of credit) . Upon proof by a preponderance of the evidence of a violation of ORS 646A.342 (Prohibited conduct) or 646A.344 (Bond or letter of credit) , a mail agent shall forfeit and pay a civil penalty of not more than $1,000 for an initial violation. For a second or subsequent violation, the mail agent shall forfeit and pay a civil penalty of not more than $5,000 for each violation.

(2) The Attorney General may bring an action in the name of the state against any mail agent or other person or entity to restrain or prevent any violation of ORS 646A.342 (Prohibited conduct) or 646A.344 (Bond or letter of credit) .

(3) The Attorney General may bring an action on behalf of a person to obtain the damages caused to the person by a mail agent’s violation of ORS 646A.342 (Prohibited conduct) or 646A.344 (Bond or letter of credit) .

(4) The court may award reasonable attorney fees and costs of investigation, preparation and litigation to the Attorney General if the Attorney General prevails in an action under this section. The court may award reasonable attorney fees and costs of investigation, preparation and litigation to a defendant who prevails in an action under this section if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [Formerly 646.240]

Source: Section 646A.348 — Action by Attorney General; civil penalty; injunction; damages; attorney fees and costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.070 — OR Code / Title 50 / Chapter 648 / Section 648.070
648.070 Service of process on nonresident
Status: in_force

A person making service of process authorized by ORS 648.061 (Consent of nonresident persons to service of process) shall make the service by delivering a copy of the process in person or by certified mail to the Office of the Secretary of State. The service shall be sufficient and valid personal service upon the persons not domiciled in this state to whom ORS 648.061 (Consent of nonresident persons to service of process) applies if the plaintiff immediately sends notice of the service and a copy of the process by certified mail to the principal office of the persons against whom the process or pleadings are directed, and the return receipt of the latter and plaintiff’s affidavit of compliance with this section are appended to the process and entered as a part of the return thereof. The defendant persons against whom the process or pleadings are directed shall have 30 days after the date of mailing of the process or pleadings in which to appear and plead. Personal service outside the state in accordance with the statutes of Oregon relating to personal service of summons outside the state shall relieve the plaintiff from mailing copies of the summons or process by registered mail as provided in this section. [Amended by 1963 c.551 §10; 1983 c.717 §33; 1991 c.132 §24]

Source: Section 648.070 — Service of process on nonresident , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 646.475 — OR Code / Title 50 / Chapter 646 / Section 646.475
646.475 Application and construction of ORS 646.461 to 646.475
Status: in_force

(1) ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) among states enacting them.

(2) ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) may be cited as the Uniform Trade Secrets Act.

(3) If any provision of ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) which can be given effect without the invalid provision or application, and to this end the provisions of ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) are severable. [1987 c.537 §§9,10,11]

PRODUCERS’ COOPERATIVE BARGAINING ASSOCIATIONS

Source: Section 646.475 — Application and construction of ORS 646.461 to 646.475; short title; effect of invalidity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.288 — OR Code / Title 50 / Chapter 646a / Section 646a.288
646A.288 Presumptions in cause of action brought under ORS 646A.284 or 646A.286
Status: in_force

In any action brought under ORS 646A.284 (Cause of action by Attorney General) or 646A.286 (Cause of action by private party) , the following presumptions apply:

(1) A simulated invoice that has been paid by five or more persons could be mistaken for an invoice by a reasonable recipient.

(2) A person knows that a simulated invoice uttered simultaneously with a copy of a publication or portion of a publication previously ordered by the recipient from a person other than the person uttering the simulated invoice could be mistaken for an invoice by a reasonable recipient. [Formerly 646.300]

Source: Section 646A.288 — Presumptions in cause of action brought under ORS 646A.284 or 646A.286 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.318 — OR Code / Title 50 / Chapter 646a / Section 646a.318
646A.318 Warranty claims
Status: in_force

(1) A supplier shall approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim.

(2) If a supplier does not approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim, the supplier shall pay the claim within 60 calendar days of receipt of the claim.

(3) A supplier that approves a warranty claim shall pay the claim within 30 calendar days of the claim’s approval.

(4) A supplier that disapproves a warranty claim shall, in the writing required by subsection (1) of this section, notify the retailer of the reasons for the disapproval.

(5) If a supplier disapproves a warranty claim because the retailer failed to comply with procedures for submitting the claim prescribed by the retailer agreement, the retailer may resubmit the claim within 30 calendar days of the retailer’s receipt of the supplier’s disapproval.

(6) A supplier may not disapprove a warranty claim as untimely if the claim covers service or parts provided while a retailer agreement was in effect.

(7) Intentionally left blank —Ed.

(a) For one year after payment of a warranty claim, the supplier may audit records that support the claim.

(b) A supplier may not audit a record that supports a claim more than one year after paying the claim unless an audit has disclosed that the retailer submitted a false claim.

(c) A supplier may:

(A) Adjust a claim paid in error;

(B) Require a retailer to return payment made on a false claim; and

(C) If the retailer owes an amount to the supplier, credit the amount of a claim to the retailer’s account. [Formerly 646.454]

Source: Section 646A.318 — Warranty claims; processing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.628 — OR Code / Title 50 / Chapter 646a / Section 646a.628
646A.628 Allocation of moneys
Status: in_force

Notwithstanding ORS 705.145 (Consumer and Business Services Fund) (2), (3) and (5), the Director of the Department of Consumer and Business Services can allocate as deemed appropriate the moneys derived pursuant to ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , 86A.990 (Criminal penalties for violations of ORS 86A.095 to 86A.198) , 86A.992 (Civil penalties for violations of ORS 86A.095 to 86A.198) , 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) , 697.005 (Definitions for ORS 697.005 to 697.095) to 697.095 (Civil penalties) , 697.602 (Definitions for ORS 697.602 to 697.842) to 697.842 (Disposition of moneys received by director) , 705.350 (Fees for certain documents) and 717.200 (Definitions) to 717.320 (Short title) and 731.804 (Assessments) and ORS chapters 59, 645, 706 to 716, 723, 725 and 726 to implement ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) . [2007 c.759 §15; 2009 c.541 §23; 2009 c.604 §24]

Source: Section 646A.628 — Allocation of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.230 — OR Code / Title 50 / Chapter 650 / Section 650.230
650.230 Transfer of franchise to corporation in which franchisee has controlling interest
Status: in_force

Notwithstanding the terms of any franchise, no franchisor may prohibit or prevent the sale, assignment or other transfer of a franchise to a corporation in which the franchisee has and maintains a controlling interest if the franchisee offers in writing personally to guarantee the performance of the obligations under the franchise. In the event of a sale, assignment or transfer under this section, the franchisor may require the corporation to assume in writing all of the franchisee’s obligations to the franchisor under the franchise and may require the franchisee to maintain a controlling interest in the corporation and actively operate the marketing premises during the time that the franchise with the corporation continues. [1987 c.917 §4]

Source: Section 650.230 — Transfer of franchise to corporation in which franchisee has controlling interest; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.525 — OR Code / Title 50 / Chapter 646a / Section 646a.525
646A.525 Definitions for ORS 646A.525 to 646A.535
Status: in_force

As used in ORS 646A.525 (Definitions for ORS 646A.525 to 646A.535) to 646A.535 (Assistance of Attorney General in obtaining recall notices) :

(1) Intentionally left blank —Ed.

(a) “Children’s product” means a consumer product that is designed or intended:

(A) For the care of or use by a child under 12 years of age; or

(B) To come into contact with a child under 12 years of age at the time the product is used.

(b) “Children’s product” does not include:

(A) A medication, drug, food or other product that is intended to be ingested; or

(B) A crib, as defined in ORS 646A.504 (Definitions for ORS 646A.500 to 646A.514) .

(2) “Retailer” means a person that, in the ordinary course of the person’s business, sells or offers for sale, leases, sublets or otherwise distributes a children’s product to consumers in this state.

(3) Intentionally left blank —Ed.

(a) “Warning” means a communication about a health or safety hazard that a children’s product poses to consumers that is:

(A) Directed to a retailer; and

(B) Intended to inform the retailer about the health or safety hazard, instruct the retailer to remove the children’s product from inventory or provide the retailer with a method to eliminate the health or safety hazard.

(b) “Warning” does not include a communication:

(A) Directed to consumers; and

(B) Affixed to the children’s product or packaging related to the children’s product or provided by the retailer to the consumer as part of a transaction related to the children’s product. [2008 c.31 §1]

Source: Section 646A.525 — Definitions for ORS 646A.525 to 646A.535 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.626 — OR Code / Title 50 / Chapter 646 / Section 646.626
646.626 Effect of failure to obey investigative demand
Status: in_force

(1) If any person, after being served with an investigative demand under ORS 646.622 (Method of serving investigative demand) , fails or refuses to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order:

(a) Granting injunctive relief to restrain the person from engaging in conduct of any aspect of the trade or commerce that is involved in the alleged or suspected violation; or

(b) Granting such other relief as may be required, until the person obeys the investigative demand.

(2) Any disobedience of any final order of a court under this section shall be punished as a contempt of court. [1971 c.744 §16; 1973 c.235 §4; 1977 c.195 §7; 2005 c.22 §448]

Source: Section 646.626 — Effect of failure to obey investigative demand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 647.111 — OR Code / Title 50 / Chapter 647 / Section 647.111
647.111 Seizure of counterfeit goods in infringement proceeding
Status: in_force

(1) In a civil action under ORS 647.105 (Remedies for infringement) , upon motion by the plaintiff with or without notice to the defendant, the court may order seizure of the counterfeit goods from any person manufacturing, displaying for sale or selling the goods if the plaintiff shows good cause and a probability of success on the merits and posts an undertaking under subsection (6) of this section.

(2) If the plaintiff makes a motion without notice to the defendant for an order for seizure and the court determines from the motion that there is good reason for proceeding without notice to the defendant, the court may waive the requirement of notice and order seizure of the counterfeit goods.

(3) Any person from whom seizure is effected by order of the court under this section shall be served with the order at the time of the seizure. The order of seizure shall set forth:

(a) The date or dates on which the seizure is ordered to take place;

(b) A description of the counterfeit goods to be seized;

(c) The identity of the person or description of the authority of the person who will seize the counterfeit goods;

(d) A description of the location or locations at which seizure is to occur; and

(e) A hearing date not more than 10 court days after the last date on which seizure is ordered at which any person from whom goods are seized may appear and seek release of the seized goods.

(4) If the plaintiff causes seizure of goods that are not counterfeit, the plaintiff shall be liable for the following damages, costs and expenses:

(a) Any damages proximately caused by the seizure of goods that are not counterfeit to any person having a financial interest in the seized goods.

(b) Costs incurred by any person in defending against seizure of noncounterfeit goods.

(c) Expenses, including reasonable attorney defending against the seizure of any noncounterfeit or noninfringing goods, upon a showing that the plaintiff acted in bad faith in causing the seizure to occur.

(d) Punitive damages, if warranted.

(5) A person seeking a recovery under subsection (4) of this section may join any surety on an undertaking posted under subsection (6) of this section. Any judgment of liability shall bind the person liable under subsection (4) of this section and the surety jointly and severally, but the liability of the surety shall be limited to the amount of the undertaking.

(6) The court shall set the amount of the undertaking required by subsection (1) of this section in accordance with the recovery of damages, costs and expenses under subsection (4) of this section that would be likely if the court ultimately were to determine that the goods seized were not counterfeit.

(7) Any person entitled to recover under subsection (4) of this section, within 30 days after the date of seizure, may object to the undertaking on the ground that the surety or the amount of undertaking is insufficient.

(8) The motion filed pursuant to subsection (1) of this section shall include a statement:

(a) Advising the person from whom the goods are seized that the undertaking has been filed;

(b) Informing the person of the right to object to the undertaking on the ground that the surety or the amount of the undertaking is insufficient; and

(c) Advising the person from whom the goods are seized that the objection to the undertaking must be made within 30 days after the date of seizure. [1985 c.566 §4]

Source: Section 647.111 — Seizure of counterfeit goods in infringement proceeding; liability for wrongful seizure; undertaking , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646.170 — OR Code / Title 50 / Chapter 646 / Section 646.170
646.170 Requiring defendant to testify
Status: in_force

Any defendant in an action brought under the provisions of ORS 646.140 (Enjoining violations) to 646.160 (Presumption of damages) may be required to testify under the provisions of ORCP 65 or by deposition. In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence. No information so obtained may be used against the defendant as a basis for a criminal prosecution under ORS 646.990 (Penalties) (1). [Amended by 1979 c.284 §184; 1981 c.898 §52]

Source: Section 646.170 — Requiring defendant to testify , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.725 — OR Code / Title 50 / Chapter 646 / Section 646.725
646.725 Prohibited acts
Status: in_force

Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal. [1975 c.255 §4]

Source: Section 646.725 — Prohibited acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.776 — OR Code / Title 50 / Chapter 646a / Section 646a.776
646A.776 Required disclosures
Status: in_force

A person may not sell a guaranteed asset protection waiver in connection with a sale of a motor vehicle that is used for personal, family or household purposes unless, at the time of the sale:

(1) The person discloses, in writing and in plain and easily understandable language:

(a) The name, address and other contact information for:

(A) The person that sells the guaranteed asset protection waiver;

(B) The creditor, if different; and

(C) Any other person that is a party to or has duties, responsibilities or other obligations under the terms of the guaranteed asset protection waiver.

(b) The purchase price of the guaranteed asset protection waiver.

(c) The terms and conditions of the guaranteed asset protection waiver, including but not limited to:

(A) Conditions under which the creditor will waive or decline to waive all or a portion of the obligation that remains under a finance agreement;

(B) The methodology for determining the amount the creditor will waive; and

(C) The length of the evaluation period.

(d) The identity, location and contact information for the person to which the borrower must submit a claim for benefits or a refund under the guaranteed asset protection waiver and the procedure the borrower must follow to submit the claim.

(e) Conditions under which the borrower may cancel the guaranteed asset protection waiver and the procedure the borrower must follow to cancel, both during the evaluation period and after the evaluation period expires, if the terms of the guaranteed asset protection waiver permit cancellation after the evaluation period expires.

(f) The formula or methodology that will apply to calculating the amount of any refund available under the terms and conditions of the guaranteed asset protection waiver if:

(A) The borrower cancels the guaranteed asset protection waiver during the evaluation period or, if permitted under the terms and conditions of the guaranteed asset protection waiver, after the evaluation period expires; or

(B) The finance agreement is terminated early.

(2) The guaranteed asset protection waiver provides that the borrower may cancel the guaranteed asset protection waiver during the evaluation period for a full refund of the purchase price if the borrower did not receive any benefits.

(3) The creditor states clearly, and the terms of the guaranteed asset protection waiver provide in writing, that purchasing a guaranteed asset protection waiver is not required in order to obtain credit or complete a purchase or lease of a motor vehicle and does not affect the terms and conditions of credit that a borrower obtains from a creditor. [2015 c.523 §3]

Source: Section 646A.776 — Required disclosures; cancellation provisions; effect on motor vehicle purchaser’s credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.107 — OR Code / Title 50 / Chapter 647 / Section 647.107
647.107 Grounds for injunctive relief
Status: in_force

(1) Subject to the principles of equity, the owner of a mark that is famous and distinctive in this state, inherently or through acquired distinctiveness, is entitled to an injunction against another person’s commercial use of the mark if:

(a) The other person’s use began after the mark became famous; and

(b) The use is likely to cause dilution of the famous mark.

(2) A mark is famous if the general consuming public of this state or of a geographic area within this state widely recognizes the mark as a designation of the source of the mark owner’s goods or services. In determining whether a mark is famous, a court may consider factors such as:

(a) The duration, extent and geographic reach of advertising and publicity of the mark in this state by the owner or by other persons;

(b) The amount, volume and geographic extent of sales of goods or services offered under the mark in this state;

(c) The extent to which the mark is actually recognized in this state; and

(d) Whether the mark is registered in this state, appears on the principal register created under the Trademark Act of 1946, 60 Stat. 427, 15 U.S.C. 1051 et seq., or is otherwise registered under federal law.

(3) In an action brought under this section, the owner of a famous mark is entitled to injunctive relief throughout the geographic area in which the court finds that the mark became famous before the other person began the other person’s use of the mark. The court may not order injunctive relief outside this state.

(4) If the court finds that the other person willfully intended to cause dilution of the famous mark, the owner is entitled to the remedies provided in this chapter, subject to the court’s discretion and the principles of equity.

(5) An owner of a famous mark may not bring an action for another person’s use if the use is a nominative or descriptive fair use or facilitation of a nominative or descriptive fair use, other than as a designation of source for the other person’s own goods or services, including a use:

(a) In connection with:

(A) Advertising or promotion that permits consumers to compare goods or services; or

(B) Identifying or parodying, criticizing or commenting upon the owner of the famous mark or the goods or services of the owner of the famous mark;

(b) That is noncommercial; or

(c) That constitutes news reporting or news commentary. [1971 c.122 §2; 2009 c.459 §16]

Source: Section 647.107 — Grounds for injunctive relief; famous marks , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.028 — OR Code / Title 50 / Chapter 646a / Section 646a.028
646A.028 Amount of civil penalty
Status: in_force

In addition to any other penalty provided by law, a manufacturer that sells or offers for sale a cosmetic in violation of ORS 646A.009 (Prohibition on sales of cosmetics developed or manufactured using animal testing) incurs a civil penalty of not more than $5,000 for the first day of the violation and not more than $1,000 for each day that the violation continues. [2023 c.536 §7]

Source: Section 646A.028 — Amount of civil penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.442 — OR Code / Title 50 / Chapter 646a / Section 646a.442
646A.442 Vehicle protection product warranty administrator
Status: in_force

A warrantor may designate a person as an administrator for the warrantor’s vehicle protection product warranties under ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) . [2007 c.685 §7]

Source: Section 646A.442 — Vehicle protection product warranty administrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.572 — OR Code / Title 50 / Chapter 646 / Section 646.572
646.572 Administration of telephone solicitation program through contract or by designation of federal registry
Status: in_force

(1) The Attorney General shall either:

(a) Advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in ORS 646.574 (List of persons who do not wish to receive telephone solicitations) ; or

(b) Designate a federal “do not call” registry, including but not limited to the registry maintained by the Federal Trade Commission under 16 C.F.R. 310, in lieu of an Oregon do not call registry.

(2) The Attorney General may include in a contract with the administrator any provision that the Attorney General determines is in the public interest.

(3) If a party requests, the Attorney General shall instruct the party on how to register the party’s telephone number on the federal “do not call” registry designated under subsection (1)(b) of this section. [1999 c.564 §3; 2007 c.441 §6]

Source: Section 646.572 — Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.405 — OR Code / Title 50 / Chapter 646a / Section 646a.405
646A.405 Manufacturer action under ORS 646A.404
Status: in_force

(1) A manufacturer that takes an action with respect to a motor vehicle under ORS 646A.404 (Consumer’s remedies) (1)(a) or (b) shall request the Department of Transportation to:

(a) Title the motor vehicle in the manufacturer’s name; and

(b) Inscribe on the certificate of title for the motor vehicle and in the department’s records concerning the motor vehicle the notation “Lemon Law Buyback.”

(2) A person that acquires a motor vehicle in order to sell, lease or otherwise transfer the motor vehicle and that knows or should have known that the manufacturer took an action with respect to the motor vehicle under ORS 646A.404 (Consumer’s remedies) (1)(a) or (b) or that the certificate of title for the motor vehicle is inscribed with the notation specified in subsection (1) of this section, before selling, leasing or otherwise transferring the motor vehicle shall:

(a) Provide the buyer, lessee or transferee with a notice that states:

This vehicle was repurchased by its manufacturer in accordance with Oregon’s consumer warranty law because of a defect in the vehicle. The title to this vehicle has been permanently inscribed with the notation “Lemon Law Buyback.”

(b) Obtain the signature of the buyer, lessee or transferee on the notice in a space provided for that purpose under a statement in which the buyer, lessee or transferee acknowledges receiving and understanding the notice.

(3) Failure to comply with the requirements of subsection (1) or (2) of this section is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) and a person that fails to comply with the requirements is subject to the causes of action and remedies provided in ORS 646.632 (Enjoining unlawful trade practices) and 646.638 (Civil action by private party) .

(4) The Director of Transportation may adopt rules to prescribe the form and content of the notice required under this section and to require the disclosure of other information the director deems necessary to inform a buyer, lessee or transferee of the condition of a motor vehicle that is subject to the provisions of this section or information that is otherwise material to a sale, lease or transfer of the motor vehicle. [2009 c.448 §10]

Source: Section 646A.405 — Manufacturer action under ORS 646A.404; request to Department of Transportation; notice to buyer; unlawful practice; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.220 — OR Code / Title 50 / Chapter 645 / Section 645.220
645.220 Appeal of order
Status: in_force

(1) A person aggrieved by an order of the director which has been the subject of a timely application for hearing before the director shall be entitled to judicial review of the order under ORS chapter 183.

(2) No judgment of a reviewing court under ORS chapter 183 shall bar the director from thereafter vacating or modifying an order involved in the proceeding for review, or entering any new order, for a proper cause which was not decided by the reviewing court. [1987 c.148 §14; 2003 c.576 §527]

Source: Section 645.220 — Appeal of order; modification of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646a.781 — OR Code / Title 50 / Chapter 646a / Section 646a.781
646A.781 Cancellation and expiration
Status: in_force

(1) Intentionally left blank —Ed.

(a) A guaranteed asset protection waiver may provide that a borrower may cancel the guaranteed asset protection waiver after the evaluation period expires or that the guaranteed asset protection waiver expires if the finance agreement terminates early. If the guaranteed asset protection waiver permits a borrower to cancel as provided in this subsection and the borrower did not receive a benefit, the borrower is entitled to a pro rata refund of the unearned portion of the purchase price.

(b) A borrower shall apply in writing to the person identified in the guaranteed asset protection waiver for a refund of all or a portion of the purchase price of the guaranteed asset protection waiver within 90 days after cancellation if the borrower cancels the guaranteed asset protection waiver. If the guaranteed asset protection waiver is canceled as a result of the termination of the finance agreement, then any cancellation refund shall be provided without requiring the borrower to apply or submit a claim for the refund.

(2) The terms of the guaranteed asset protection waiver may provide that if the borrower financed the purchase of the guaranteed asset protection waiver and cancels the guaranteed asset protection waiver, if the borrower defaults on the obligation set forth in the finance agreement, if the creditor repossesses the motor vehicle that secures the obligation or if the finance agreement terminates for a reason other than the borrower’s satisfaction of the obligation set forth in the finance agreement, any refund due as a consequence of the termination may be:

(a) Paid directly to the creditor; or

(b) Applied to any outstanding balance on the obligation set forth in the finance agreement, unless the borrower has paid the obligation in full. If the borrower has paid the obligation in full, the creditor shall pay to the borrower the refund.

(3) Unless canceled as provided in this section, a guaranteed asset protection waiver remains in effect as part of the finance agreement for the term set forth in the guaranteed asset protection waiver even if the finance agreement is sold, assigned or otherwise transferred. [2015 c.523 §5]

Source: Section 646A.781 — Cancellation and expiration; refunds; effect of sale, assignment or transfer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.158 — OR Code / Title 50 / Chapter 646a / Section 646a.158
646A.158 Prohibited conduct
Status: in_force

(1) A service contract seller or obligor shall not in a misleading or deceptive manner use in its name, contracts or literature, the words insurance, casualty, guaranty, surety, mutual or any other words descriptive of the insurance, casualty, guaranty, surety or mutual business.

(2) In the offer or sale of any service contract, a person may not:

(a) Make, issue, circulate or cause to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any service contract sold or to be sold or the benefits or advantages therein.

(b) Employ any device, scheme or artifice to defraud.

(c) Obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it was made, not misleading.

(d) Engage in any other transaction, practice or course of business which operates as a fraud or deceit upon the service contract holder.

(3) In providing required services under a service contract, a person may not:

(a) Fail to acknowledge and act within a reasonable time upon communications requesting services under a service contract. Unless the service contract provides otherwise, a person shall be deemed to have acted within a reasonable time if the person responds to a communication received from a service contract holder within 30 days of receipt of the communication.

(b) Fail to act in good faith in reviewing a request for services under a service contract and advising the service contract holder whether the request is covered under the terms and conditions of the service contract.

(c) Fail to act in good faith in providing covered services under a service contract. [Formerly 646.271]

Source: Section 646A.158 — Prohibited conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.008 — OR Code / Title 50 / Chapter 648 / Section 648.008
648.008 Optional registration of real and true name
Status: in_force

(1) Notwithstanding any provision of this chapter, a person that will carry on, conduct or transact business under the real and true name of the person may apply for registration of the real and true name with the Office of the Secretary of State.

(2) An application for registration of a real and true name shall be treated in the same manner as an application to register an assumed business name under this chapter. If a real and true name is registered under this chapter, all provisions of this chapter applicable to an assumed business name shall also apply to a real and true name. [1995 c.454 §2]

Source: Section 648.008 — Optional registration of real and true name , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 646.647 — OR Code / Title 50 / Chapter 646 / Section 646.647
646.647 Unlawful use of recording group name
Status: in_force

(1) As used in this section:

(a) “Recording group” means a group of vocal or instrumental musicians that has released a commercial sound recording under its name.

(b) “Sound recording” has the meaning given that term in ORS 164.864 (Definitions for ORS 164.864 to 164.882) .

(2) A person may not use or attempt to use the name of a recording group in advertising or presenting a live musical performance or production in which a group other than the recording group performs.

(3) Subsection (2) of this section does not apply if:

(a) The person is the authorized registrant and owner of a service mark for the name of the recording group registered with the United States Patent and Trademark Office;

(b) At least one member of the recording group is a member of the group advertising or presenting a live musical performance or production using the name of the recording group and has a legal right to use the name of the recording group by virtue of use or operation under the name of the recording group without having abandoned the name or affiliation with the group;

(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute to the recording group and the name used in advertising or presenting a live musical performance or production is not so closely related or similar to that used by the recording group that it would cause the likelihood of confusion or of misunderstanding as to the affiliation, connection or association with the recording group;

(d) The advertising relates to a live musical performance or production that will not take place in this state; or

(e) The live musical performance or production is expressly authorized by the recording group. [2009 c.197 §3]

Source: Section 646.647 — Unlawful use of recording group name; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.555 — OR Code / Title 50 / Chapter 646a / Section 646a.555
646A.555 License to engage in business activity not required for individual under 17 years of age
Status: in_force

(1) Except as provided in subsection (2) of this section and notwithstanding any other provision of law, the State of Oregon, a political subdivision of the state or an agency of the state or of a political subdivision of the state may not require an individual under 17 years of age who is a resident of this state to obtain a license or permit to engage in a business activity in which the individual operates as a sole proprietor under the individual’s own name.

(2) This section does not affect a statute, rule, ordinance or other provision of law that requires a license, certificate, registration, permit or other authorization to conduct a business activity that is subject to regulation for the purpose of protecting the environment or the public health, safety or welfare. [2009 c.276 §2]

Source: Section 646A.555 — License to engage in business activity not required for individual under 17 years of age , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.935 — OR Code / Title 50 / Chapter 646 / Section 646.935
646.935 Diesel fuel sales
Status: in_force

(1) No person operating a service station selling to the public at retail diesel fuel, where delivery is regularly made into a receptacle on a vehicle from which receptacle the fuel is supplied to propel the vehicle, shall refuse to sell and deliver any quantity of such fuel to any vehicle during regular business hours, upon demand and tender of the posted price plus any applicable tax for such fuel delivered, subject to a rationing policy established by state or federal statute or regulation.

(2) A price differential or method of delivery designed to discriminate against or discourage purchases by vehicles of small fuel capacity is prohibited. However, a reasonable discount or differential based upon quantity of delivery shall not be considered discriminatory. [Formerly 646.880]

Source: Section 646.935 — Diesel fuel sales; price discrimination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.829 — OR Code / Title 50 / Chapter 646a / Section 646a.829
646A.829 Written disclosure requirements
Status: in_force

A vendor policyholder shall make available to prospective customers of portable electronics written materials that disclose:

(1) That portable electronics insurance coverage may duplicate coverage already held by the customer, including but not limited to homeowner’s insurance or renter’s insurance;

(2) That issuance of portable electronics insurance coverage is not required for the customer to purchase or lease portable electronics;

(3) The material terms of coverage, including but not limited to:

(a) The identity of and contact information for the insurer or the supervising entity that issued the insurance policy to the vendor policyholder;

(b) The amount of any applicable deductible and how the deductible is required to be paid when a claim is made;

(c) The benefits of coverage; and

(d) Whether the covered portable electronics will be repaired or replaced with a similar make and model, with a new or reconditioned device, accessory or part, or with a device, accessory or part from other than the original manufacturer;

(4) The process and requirements for returning portable electronics, and any fees that will apply in the event the enrolled customer does not comply with the process and requirements; and

(5) That the enrolled customer may cancel the portable electronics insurance coverage at any time and that the person paying the premium shall receive a refund of the unused portion of any amount that has been paid for coverage. A reasonable administrative fee may be charged in an amount not to exceed 10 percent of the refund due. [Formerly 646A.582]

Source: Section 646A.829 — Written disclosure requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.636 — OR Code / Title 50 / Chapter 646 / Section 646.636
646.636 Remedial power of court
Status: in_force

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.607 (Unlawful business, trade practices) or 646.608 (Additional unlawful business, trade practices) , or as may be necessary to ensure cessation of unlawful trade practices. [1971 c.744 §12; 1977 c.195 §8; 2005 c.22 §449]

Source: Section 646.636 — Remedial power of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.097 — OR Code / Title 50 / Chapter 646a / Section 646a.097
646A.097 Payment of sales commissions following termination of contract between sales representative and principal
Status: in_force

(1) As used in this section:

(a) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount per order or per sale.

(b) “Principal” means a person who does not have a permanent or fixed place of business in this state and who:

(A) Manufactures, produces, imports or distributes a tangible product for wholesale;

(B) Contracts with a sales representative to solicit orders for the product; and

(C) Compensates the sales representative, in whole or in part, by commission.

(c) “Sales representative” means a person who:

(A) Contracts with a principal to solicit wholesale orders;

(B) Is compensated, in whole or in part, by commission;

(C) Does not place orders or purchase for the sales representative’s own account or for resale; and

(D) Does not sell or take orders for the sale of products to the ultimate consumer.

(2) When a contract between a sales representative and a principal is terminated for any reason, the principal shall pay the sales representative all commissions accrued under the contract to the sales representative within 14 days after the effective date of the termination.

(3) A principal who fails to comply with the provisions of subsection (2) of this section is liable to the sales representative in a civil action for:

(a) All amounts due the sales representative plus interest on the amount due at the rate of nine percent per annum until paid; and

(b) Treble damages, if the failure to comply with the provisions of subsection (2) of this section is willful.

(4) The court shall award court costs and attorney fees actually and reasonably incurred by the prevailing party in an action to recover amounts, interest or damages due under subsection (3) of this section.

(5) A nonresident principal who contracts with a sales representative to solicit orders in this state is subject to the jurisdiction of the courts of this state to the extent specified in ORS 14.030 (Jurisdiction as affected by place where cause of action or suit arises) .

(6) Any action commenced pursuant to this section must be commenced in the county in which the plaintiff resides at the time the action is commenced or in the county where the cause of action arose.

(7) Nothing in this section shall invalidate or restrict any other or any additional right or remedy available to a sales representative, or preclude a sales representative from seeking to recover in one action all claims against a principal.

(8) A provision in any contract between a sales representative and a principal purporting to waive any provision of this section, whether by expressed waiver or by a contract subject to the laws of another state, shall be void. [Formerly 646.878]

Source: Section 646A.097 — Payment of sales commissions following termination of contract between sales representative and principal; definitions; civil action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.607 — OR Code / Title 50 / Chapter 646 / Section 646.607
646.607 Unlawful business, trade practices
Status: in_force

A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person:

(1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obligation.

(2) Fails to deliver all or any portion of real estate, goods or services as promised, and at a customer’s request, fails to refund money that the customer gave to the person to purchase the undelivered real estate, goods or services and that the person does not retain pursuant to any right, claim or defense the person may assert in good faith. This subsection does not create a warranty obligation and does not apply to a dispute over the quality of real estate, goods or services delivered to a customer.

(3) Violates ORS 401.965 (Abnormal disruption of market) (2).

(4) Violates a provision of ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) .

(5) Violates ORS 646A.530 (Prohibited sales of certain children’s products) .

(6) Employs a collection practice that is unlawful under ORS 646.639 (Unlawful collection practices) .

(7) Is a beneficiary that violates ORS 86.726 (Resolution conference for foreclosure) (1)(a) or (2), 86.729 (Scheduling and notice for resolution conference) (4) or 86.732 (Attendance at resolution conference) (1) or (2).

(8) Violates ORS 646A.093 (Disclosures for handling and shipping consumer goods required in advertisements, offers and sales) .

(9) Violates a provision of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) .

(10) Violates ORS 646A.808 (Obtaining personal information by false representation via electronic media) (2).

(11) Violates ORS 336.184 (Oregon Student Information Protection Act) .

(12) Publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation.

(13) Violates ORS 646A.813 (Security requirements for Internet-connected devices) (2).

(14) Violates ORS 137.930 (Criminal history data provider requirements) (1). [1977 c.195 §4; 1979 c.505 §1; 2003 c.759 §§9,10; 2007 c.223 §6; 2008 c.19 §16; 2008 c.31 §4; 2009 c.60 §1; 2013 c.304 §13; 2013 c.433 §2; 2015 c.128 §2; 2015 c.357 §4; 2015 c.528 §3; 2017 c.145 §1; 2019 c.193 §2; 2021 c.305 §2; 2021 c.486 §5; 2021 c.305 §3]

Source: Section 646.607 — Unlawful business, trade practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.472 — OR Code / Title 50 / Chapter 646a / Section 646a.472
646A.472 Dispute resolution
Status: in_force

(1) A consumer shall have the option of submitting any dispute arising under ORS 646A.460 (Definitions for ORS 646A.460 to 646A.476) to 646A.476 (Civil action for damages) to a dispute resolution procedure. A manufacturer shall submit to the dispute resolution procedure.

(2) The procedure shall provide at a minimum the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation. The individuals conducting the dispute resolution procedure must be objective.

(3) A decision resulting from the dispute resolution procedure shall be binding on the manufacturer.

(4) The records of the results of disputes settled under this section shall be submitted to the Department of Justice if the department requests them and shall be available to any person who makes a request for the records free of cost within 10 business days of the person’s request. The department may review all records created under this section to determine whether or not the procedure and decisions comply with the provisions of ORS 646A.460 (Definitions for ORS 646A.460 to 646A.476) to 646A.476 (Civil action for damages) .

(5) The Department of Justice shall establish a roster of dispute resolution providers for consumers seeking to resolve disputes with manufacturers or to assert their rights under this section. [Formerly 646.494]

Source: Section 646A.472 — Dispute resolution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.961 — OR Code / Title 50 / Chapter 646 / Section 646.961
646.961 Motor Vehicle Fuel Inspection Program Account
Status: in_force

The Motor Vehicle Fuel Inspection Program Account is created in the Department of Agriculture Service Fund. Notwithstanding any other provision of law, all moneys in the account are appropriated continuously to the State Department of Agriculture for the administration of ORS 646.947 (Prohibited activities) to 646.963 (Civil penalties) . [1997 c.310 §9]

Source: Section 646.961 — Motor Vehicle Fuel Inspection Program Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.220 — OR Code / Title 50 / Chapter 646a / Section 646a.220
646A.220 Credit card solicitation
Status: in_force

(1) Every solicitation for the issuance of a credit card shall disclose the following information concerning the credit card account:

(a) The annual percentage rate or rates applicable to the credit card account. If the rate or rates are variable, the solicitation shall disclose that fact and shall further disclose either the rate or rates on a specified date or the index from which the rate or rates are determined.

(b) Any minimum, fixed, transaction, activity or similar charge that could be imposed in connection with any use of the credit card.

(c) Any annual or periodic membership or participation fee that may be imposed for the availability, issuance or renewal of the credit card.

(d) Whether or not any time period is provided within which any credit extended through the use of the credit card may be repaid without incurring a finance charge, and a description of any such time period.

(2) As used in this section:

(a) “Card issuer,” “credit card,” “credit,” “annual percentage rate” and “finance charge” have the meanings given those terms under the federal Consumer Credit Protection Act (P.L. 90-321, 82 Stat. 146, 15 U.S.C. 1601).

(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 credit card including printed material mailed directly to a person by name that contains an application for or an offer to issue a credit card in the person’s name, application materials available at the credit 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 credit 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 credit card in the printed material. [Formerly 646.895]

Source: Section 646A.220 — Credit card solicitation; required disclosure; definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.710 — OR Code / Title 50 / Chapter 647 / Section 647.710
647.710 Requirements for contracts for payment of royalties
Status: in_force

A contract that a performing rights society executes or renews in this state under which a proprietor pays royalties must be:

(1) In writing;

(2) Signed by the parties; and

(3) Written to include, at a minimum, the following information:

(a) The proprietor’s name and business address and the name and location of each place of business to which the contract applies;

(b) The name of the performing rights society;

(c) The duration of the contract; and

(d) The schedule of rates and terms of the royalties the performing rights society will collect under the contract, including the terms of any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract. [1997 c.236 §3; 2018 c.28 §6]

Note: See note under 647.700 (Definitions for ORS 647.700 to 647.730) .

Source: Section 647.710 — Requirements for contracts for payment of royalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.664 — OR Code / Title 50 / Chapter 646a / Section 646a.664
646A.664 Enforcement actions
Status: in_force

(1) If after conducting an investigation, initiating or conducting a proceeding or taking an enforcement action under ORS 646A.661 (Director’s supervisory authority) the Director of the Department of Consumer and Business Services determines that a licensee or a person that engages in debt buying in this state has violated ORS 646.639 (Unlawful collection practices) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) , a rule the director adopted or an order the director issued under ORS 646.639 (Unlawful collection practices) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) or another applicable law, the director may:

(a) Order the licensee or the person to cease and desist from any act that constitutes the violation.

(b) Suspend, condition or revoke a licensee’s license or deny an application to obtain or renew a license under ORS 646A.646 (License application) .

(c) Impose a civil penalty of not more than $5,000 for each violation after considering the severity of the violation, the intent of the licensee or person and any efforts the licensee or person made to remedy or mitigate the effects of the violation.

(d) Order the licensee or the person to disgorge and return all payments the licensee or person obtained from a debtor or another person in the course of or as a result of the violation.

(2) The director shall undertake an action described in this section in accordance with ORS chapter 183 and shall impose any civil penalty in accordance with ORS 183.745 (Civil penalty procedures) .

(3) Each instance in which the director determines a violation has occurred is a separate violation, and each day in which a person engages in a continuous violation is a separate violation. The director may not impose a penalty that exceeds $20,000 for a continuous violation.

(4) If the Department of Justice and the Department of Consumer and Business Services cooperate in an enforcement action under ORS 646A.661 (Director’s supervisory authority) that results in a civil penalty, the Attorney General and the director shall agree as to which of the two departments will impose the civil penalty.

(5) The director shall deposit any amount the director receives under this section to the Consumer and Business Services Fund as provided in ORS 705.145 (Consumer and Business Services Fund) . [2017 c.625 §11]

Source: Section 646A.664 — Enforcement actions; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).