ORS § 650.130 — OR Code / Title 50 / Chapter 650 / Section 650.130
650.130 Prohibited conduct by manufacturer, distributor or importer
Status: in_force

Notwithstanding the terms of any franchise or other agreement, a manufacturer, distributor or importer may not:

(1) Require or attempt to require a dealer to accept delivery of any motor vehicle, part, accessory or any other commodity that the dealer did not voluntarily order. This subsection does not apply to recall safety and emissions campaign parts that the dealer did not voluntarily order or to any vehicle features, parts, accessories or other components mandated by federal, state or local law.

(2) Coerce or attempt to coerce a dealer to enter into any agreement or sales promotion program by threatening to cancel the dealer’s franchise.

(3) Refuse or fail to deliver, within a reasonable time and in a reasonable quantity, any new motor vehicle, part or accessory covered by the franchise if the manufacturer, distributor or importer advertises the vehicle, part or accessory as available for delivery or is delivering the vehicle, part or accessory to another dealer. This subsection does not apply if the failure to deliver results from a cause beyond the control of the manufacturer, distributor or importer.

(4) Prevent or attempt to prevent a dealer from making reasonable changes in a dealership’s capital structure or the means by which a dealer finances the dealership, provided that the dealer meets any reasonable capital requirement of the manufacturer, distributor or importer.

(5) Unreasonably refuse to compensate a dealer for work or services the dealer performed and expenses the dealer incurred in accordance with the dealer’s delivery, preparation and warranty obligations under the terms of a franchise or agreement.

(6) Coerce or attempt to coerce a dealer to participate monetarily in any advertising campaign or contest, or to purchase any promotional materials, display devices or display decorations or materials at the dealer’s expense.

(7) Establish a maximum price a dealer may charge for motor vehicles with a gross vehicle weight rating of less than 8,500 pounds.

(8) Initiate an audit to determine the validity of paid claims for dealer compensation, or for any charge-backs for warranty parts or service compensation, more than one year following the date of payment unless the manufacturer, distributor or importer has reasonable grounds to believe that the dealer submitted a fraudulent claim. If a manufacturer, distributor or importer initiates an audit more than one year following the date of payment, the manufacturer, distributor or importer may charge back to the dealer only the amount of a claim that the manufacturer, distributor or importer proves was fraudulent. Parties shall cooperate to ensure that permitted audits conclude not more than 60 days after the audits begin.

(9) Initiate an audit to determine the validity of paid claims for dealer compensation, or for any charge-backs for consumer or dealer incentives, more than one year following the date of payment unless the manufacturer, distributor or importer has reasonable grounds to believe that the dealer submitted a fraudulent claim. If a manufacturer, distributor or importer initiates an audit more than one year following the date of payment, the manufacturer, distributor or importer may charge back to the dealer only the amount of a claim that the manufacturer, distributor or importer proves was fraudulent. Parties shall cooperate to ensure that permitted audits conclude not more than 60 days after the audits begin.

(10) Unfairly compete with a dealer in any matters the franchise governs including, but not limited to, the sale or allocation of vehicles or other franchisor products, or the execution of dealer programs or benefits. This subsection applies if the manufacturer, distributor or importer has an ownership interest in, operates or controls, directly or indirectly, a business that is a dealer in this state.

(11) Have an ownership interest in, operate or control, directly or indirectly, a business that sells or leases a motor vehicle to a person in Oregon except to a franchisee of the manufacturer, distributor or importer. A manufacturer, distributor or importer does not violate this subsection if:

(a) The manufacturer, distributor or importer:

(A) Has an ownership interest in, operates or controls, directly or indirectly, a business that is a dealership in this state and is a business that:

(i) A franchisee owned, operated or controlled before the manufacturer, distributor or importer acquired the ownership interest in or began to operate or control the business;

(ii) The manufacturer, distributor or importer maintains an ownership interest in, operates or controls for no more than two years; and

(iii) The manufacturer, distributor or importer offers for sale to a qualified independent person at a fair and reasonable price while the manufacturer, distributor or importer maintains an ownership interest in, operates or controls the business.

(B) Has a part ownership interest in, operates or controls, directly or indirectly, a business that is a dealership in this state and another person:

(i) Manages the day-to-day operations and business of the dealership;

(ii) Has made, or is obligated to make within 12 months, a significant capital investment in the dealership that is subject to loss;

(iii) Has an ownership interest in the dealership; and

(iv) Operates the dealership under a franchise through which the person will within 15 years acquire full ownership of the dealership under reasonable terms and conditions.

(C) As of January 1, 2000, had an ownership interest in, operated or controlled, directly or indirectly, a business that is a dealership in this state that sells motor vehicles with a gross vehicle weight rating of 8,500 pounds or more.

(D) Has an ownership interest in, operates or controls, directly or indirectly, a business that primarily leases or rents motor vehicles for a period of 12 months or less and the only motor vehicles that the business sells are motor vehicles that have been:

(i) Owned by the business for 180 days or more; or

(ii) Driven more than 10,000 miles while owned by the business.

(E) Intentionally left blank —Ed.

(i) Has an ownership interest in, operates or controls, directly or indirectly, a business that finances the sale or lease of motor vehicles; and

(ii) Is a business that sells or leases motor vehicles to retail lessees in Oregon.

(F) Has an ownership interest in, operates or controls, directly or indirectly, a business that makes a sale or lease of a motor vehicle in a manner that does not violate subsection (12) of this section.

(b) A manufacturer has a part ownership interest in, operates or controls, directly or indirectly, a business that is a dealership in this state that buys, sells, leases, trades, stores, takes on consignment or in any other manner deals exclusively in a single line-make of the manufacturer and:

(A) The manufacturer has, directly or indirectly, no more than 45 percent of the ownership interest in the dealership;

(B) When the manufacturer acquires an ownership interest in the dealership, the distance from the manufacturer’s dealership to the dealership of a dealer that buys, sells, leases, trades, stores, takes on consignment or in any other manner deals in the single line-make of the manufacturer and in which the manufacturer has no ownership interest is not less than 15 miles;

(C) The manufacturer complies with the area restrictions in ORS 650.120 (Definitions for ORS 650.120 to 650.170) and 650.150 (Enjoining establishment of certain franchises or relocation of existing dealership in same market area) ;

(D) The manufacturer’s franchises authorize a dealer of the manufacturer’s single line-make to operate as many dealerships within a defined geographic area as the dealer and manufacturer agree on; and

(E) On January 1, 2000:

(i) There were no more than four dealers of the manufacturer’s single line-make in this state; and

(ii) Of the dealers of the manufacturer’s single line-make in this state, at least one was a franchisee that owned and operated at least two dealerships within the geographic area authorized by franchises with the manufacturer.

(12) Sell or lease a motor vehicle to a person in this state other than to a business described in subsection (11) of this section or to a franchisee of the manufacturer, distributor or importer. A manufacturer, distributor or importer does not violate this subsection if:

(a) The manufacturer, distributor or importer sells or leases a motor vehicle to:

(A) An employee, retired employee or family member of an employee or retired employee of the manufacturer, distributor or importer;

(B) A driver training program;

(C) A nonprofit corporation;

(D) A qualified vendor;

(E) A public agency, as defined in ORS 537.515 (Definitions for ORS 537.505 to 537.795 and 537.992) ;

(F) A current retail lessee;

(G) A fleet owner;

(H) A business acting as a vehicle dealer under ORS chapter 822 that sells motor vehicles only to other vehicle dealers; or

(I) The customers of a business acting as a vehicle dealer under ORS chapter 822 that sells motor vehicles only to other vehicle dealers.

(b) The sale or lease is by a business in this state that primarily leases or rents motor vehicles for a period of 12 months or less and the only motor vehicles that the business sells are motor vehicles that have been:

(A) Owned by the business for 180 days or more; or

(B) Driven more than 10,000 miles while owned by the business.

(c) The sale or lease is by a subsidiary of a manufacturer, distributor or importer that finances the sale or lease of motor vehicles and the sale or lease is to a person that previously leased the vehicle from the subsidiary.

(13) Intentionally left blank —Ed.

(a) Own, operate or control a business or enter into any contract, agreement or other written instrument that permits the manufacturer, distributor or importer to compensate a person that is not a dealer for performing warranty repairs and services if the business is located within a dealer’s relevant market area.

(b) Paragraph (a) of this subsection does not apply to:

(A) Warranty repairs and services performed on motor vehicles with a gross vehicle weight rating of less than 8,500 pounds provided for commercial or government fleets; or

(B) Warranty repairs and services performed on motor vehicles with a gross vehicle weight rating of 8,500 pounds or more if, after January 1, 2002, a manufacturer, distributor or importer of only motor vehicles with a gross vehicle weight rating of 8,500 pounds or more has:

(i) Obtained written permission from the dealers in the relevant market area to perform the repairs or services; or

(ii) Authorized a person that owns or leases the motor vehicles for use in the person’s business to perform the repairs or services.

(14) Terminate, cancel, fail to renew or fail to approve the sale, transfer or assignment of any franchise agreement because the dealer owns, has an investment in, participates in the management of or holds a franchise agreement with another manufacturer, distributor or importer at a different dealership site, or has franchises with more than one manufacturer, distributor or importer sharing the same dealership site, facilities, personnel or display space before October 23, 1999.

(15) Terminate, cancel, fail to renew or fail to approve the sale, transfer or assignment of any franchise agreement because the dealer owns, has an investment in, participates in the management of or holds a franchise agreement with another manufacturer, distributor or importer at a different dealership site, or has franchises with more than one manufacturer, distributor or importer sharing the same dealership site, facilities, personnel or display space on or after January 1, 2012, provided the dealer complies with the manufacturer’s, distributor’s or importer’s reasonable capitalization and financial requirements, reasonable space and facility requirements and other requirements that are justified taking into account the reasonable business considerations of the manufacturer, distributor or importer and the dealer, and provided there is no change in the principal management of the dealership site.

(16) Intentionally left blank —Ed.

(a) Require a prospective franchisee to enter into a site-control agreement as a condition of:

(A) Granting or renewing a franchise;

(B) Approving the addition of a line-make of a manufacturer;

(C) Approving the sale, transfer or assignment of a franchise agreement;

(D) Approving the relocation, or granting a new franchise for relocation, of an existing dealership; or

(E) Obtaining fair and reasonable compensation under ORS 650.145 (Compensation due dealer upon termination of franchise) upon the termination, cancellation, nonrenewal or discontinuance of any franchise.

(b) Paragraph (a) of this subsection does not prohibit enforcement of a voluntary agreement between a franchisee and a manufacturer, distributor or importer for which separate and valuable consideration that does not include any of the items listed in paragraph (a) of this subsection has been offered and accepted.

(17) Take any adverse action against a dealer for violating a prohibition that the manufacturer, distributor or importer imposes on the dealer’s exporting a motor vehicle or selling a motor vehicle for resale because the dealer sold a motor vehicle to a customer that exported or resold the motor vehicle in violation of the prohibition, unless the manufacturer, distributor or importer provided the dealer with written notice of the prohibition and the dealer knew or reasonably should have known at the time the dealer sold the motor vehicle to the customer that the customer intended to export or resell the vehicle in violation of the prohibition. A dealer that registers or causes a motor vehicle to be registered in this state or another state and that collects or causes to be collected any sales or use tax required in this state establishes a rebuttable presumption that the dealer did not have reason to know that the customer intended to export or resell the motor vehicle. [1980 c.3 §2; 1989 c.716 §5; 1999 c.660 §2; 2001 c. 216 §2; 2001 c.825 §2; 2003 c.411 §2; 2011 c.177 §2; 2015 c.396 §1]

Source: Section 650.130 — Prohibited conduct by manufacturer, distributor or importer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.583 — OR Code / Title 50 / Chapter 646a / Section 646a.583
646A.583 Controller’s use of deidentified data
Status: in_force

(1) Intentionally left blank —Ed.

(a) A controller that possesses deidentified data shall:

(A) Take reasonable measures to ensure that the deidentified data cannot be associated with an individual;

(B) Publicly commit to maintaining and using deidentified data without attempting to reidentify the deidentified data; and

(C) Enter into a contract with a recipient of the deidentified data and provide in the contract that the recipient must comply with the controller’s obligations under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) .

(b) A controller that discloses deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the deidentified data is subject and shall take appropriate steps to address any breaches of the contractual commitments.

(c) This section does not prohibit a controller from attempting to reidentify deidentified data solely for the purpose of testing the controller’s methods for deidentifying data.

(2) ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) do not:

(a) Require a controller or processor to:

(A) Reidentify deidentified data; or

(B) Associate a consumer with personal data in order to authenticate the consumer’s request under ORS 646A.576 (Method for requesting personal data) by:

(i) Maintaining data in identifiable form; or

(ii) Collecting, retaining or accessing any particular data or technology.

(b) Require a controller or processor to comply with a consumer’s request under ORS 646A.576 (Method for requesting personal data) if the controller:

(A) Cannot reasonably associate the request with personal data or if the controller’s attempt to associate the request with personal data would be unreasonably burdensome;

(B) Does not use personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with any other personal data about the specific consumer; and

(C) Does not sell or otherwise voluntarily disclose personal data to a third party, except as otherwise provided in this section. [2023 c.369 §7]

Note: 646A.583 (Controller’s use of deidentified data) becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.

Source: Section 646A.583 — Controller’s use of deidentified data; exclusions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.705 — OR Code / Title 50 / Chapter 646a / Section 646a.705
646A.705 Persons that are not foreclosure consultants
Status: in_force

The following are not foreclosure consultants for purposes of ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant) :

(1) An individual licensed to practice law in this state, if performing services within an attorney-client relationship.

(2) A person that holds or is owed an obligation that is secured by a lien on a residence in foreclosure or default, if performing services in connection with the obligation or lien.

(3) A person doing business under authority of an Oregon or federal law regulating banks, trust companies, savings and loan associations, credit unions or insurance companies, or as a licensee under ORS chapter 725, if performing business services within the scope of that authority or license.

(4) A subsidiary, affiliate or agent of a person described in subsection (3) of this section, if performing business services within the scope of the person’s authority or license as the person’s subsidiary, affiliate or agent.

(5) The judgment creditor of a homeowner, if the creditor’s claim accrued before a notice of sale was sent to the creditor under ORS 86.764 (Notice of sale for certain persons) .

(6) A title insurer authorized to conduct business in Oregon or an insurance producer licensed to conduct business in Oregon, if performing title insurance or settlement services within the scope of that authority or license.

(7) A mortgage broker or mortgage lender licensed under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) to conduct business in Oregon, if acting within the scope of that license.

(8) A real estate licensee under ORS 696.022 (Licensing system for real estate brokers and property managers) or an escrow agent licensed under ORS 696.511 (License requirement) , if acting within the scope of that license.

(9) A tax-exempt organization that offers counseling or advice to homeowners in foreclosure, if the organization:

(a) Is not directly or indirectly related to for-profit lenders or foreclosure purchasers;

(b) Does not contract to provide services to or receive services from for-profit lenders or foreclosure purchasers; and

(c) Has provided counseling or advice to homeowners for five years or more.

(10) A creditors’ committee, trustee or debtor in possession participating in a proceeding under the jurisdiction of the United States Bankruptcy Court.

(11) Any person whose employment with regard to a residential real property matter under the jurisdiction of the United States Bankruptcy Court is approved by order of the bankruptcy court.

(12) A person that is a member of the homeowner’s family or is owned or controlled by a member of the homeowner’s family. [2008 c.19 §3; 2011 c.9 §83]

Source: Section 646A.705 — Persons that are not foreclosure consultants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.250 — OR Code / Title 50 / Chapter 650 / Section 650.250
650.250 Injunctive relief or damages
Status: in_force

(1) Any person who is injured in the person’s business or property by reason of a violation of ORS 650.200 (Definitions for ORS 650.200 to 650.250) to 650.250 (Injunctive relief or damages) may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, for injunctive relief or to recover the damages sustained by the person. Any action brought pursuant to this section shall be commenced within four years after the cause of action accrued. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1987 c.917 §11; 1995 c.696 §42]

Source: Section 650.250 — Injunctive relief or damages; limitation on commencement of action; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.106 — OR Code / Title 50 / Chapter 646a / Section 646a.106
646A.106 Circumstances in which going out of business sale prohibited
Status: in_force

A person may not conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under ORS 646.608 (Additional unlawful business, trade practices) or 646A.100 (Definitions for ORS 646A.100 to 646A.110) to 646A.110 (Applicability of ORS 646A.100 to 646A.110 and 646A.112) . [2007 c.820 §4]

Source: Section 646A.106 — Circumstances in which going out of business sale prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.646 — OR Code / Title 50 / Chapter 646 / Section 646.646
646.646 Loss of license or franchise by person violating injunction
Status: in_force

Upon petition by the prosecuting attorney, the court may, in its discretion, order the dissolution or suspension or forfeiture of the license or franchise of any person who violates the terms of any injunction issued under ORS 646.632 (Enjoining unlawful trade practices) . [1971 c.744 §18]

Source: Section 646.646 — Loss of license or franchise by person violating injunction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.064 — OR Code / Title 50 / Chapter 646a / Section 646a.064
646A.064 Definitions for ORS 646A.064 to 646A.067
Status: in_force

As used in ORS 646A.064 (Definitions for ORS 646A.064 to 646A.067) to 646A.067 (Preemption of local requirements applicable to pawnbrokers) :

(1) “Item of precious metal” means an item that consists of or incorporates gold in eight karat or greater purity, silver, platinum or palladium. “Item of precious metal” does not include dental gold, unrefined metal ore, an electronic product, any part of a mechanical system on a motor vehicle, gold or silver coins or bullion in any form.

(2) “Precious metal secondhand dealer”:

(a) Means a person engaged in precious metal secondhand dealing; and

(b) Does not include:

(A) A pawnbroker licensed under ORS chapter 726 who engages exclusively in pledge loans, as defined in ORS 726.010 (Definitions) ;

(B) A manufacturer of items of precious metal;

(C) A person engaged in commercial or industrial scrap metal recycling operations;

(D) A person primarily engaged in business through the Internet;

(E) A motor vehicle dealer holding a certificate issued under ORS 822.020 (Issuance and renewal of certificate) or a motor vehicle dismantler holding a certificate issued under ORS 822.110 (Dismantler certificate) ; or

(F) A person primarily engaged in purchasing for resale newly manufactured items of precious metal. For purposes of this subparagraph, a person is primarily engaged in purchasing newly manufactured items of precious metal if the person’s inventory of items of precious metal for resale consists exclusively of:

(i) Newly manufactured items of precious metal acquired from a manufacturer; or

(ii) Items described in sub-subparagraph (i) of this subparagraph and used items of precious metal acquired for trade-in value as part of retail sales of newly manufactured items of precious metal by the person.

(3) “Precious metal secondhand dealing” means soliciting, receiving, purchasing, trading or accepting delivery of items of precious metal from individuals in return for money or other consideration.

(4) “Seller” means the other party to a transaction with a precious metal secondhand dealer.

(5) “Temporary precious metal secondhand dealer” means a precious metal secondhand dealer who conducts operations at one or more locations in this state for no more than five consecutive days at any one location.

(6) “Transaction”:

(a) Means a purchase, consignment, bailment, barter or trade of one or more items of precious metal by a precious metal secondhand dealer from an individual who is not engaged in the business of selling newly manufactured items of precious metal.

(b) Does not include:

(A) Gifts or other transfers of property unsupported by consideration; or

(B) Business-to-business purchases or other transfers. [2012 c.99 §1]

Source: Section 646A.064 — Definitions for ORS 646A.064 to 646A.067 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.950 — OR Code / Title 50 / Chapter 645 / Section 645.950
645.950 Civil penalty
Status: in_force

(1) In addition to all other penalties and enforcement provisions provided by law, the director or a court may assess a penalty of not more than $5,000 for every violation, which shall be paid to the General Fund of the State Treasury, against any person who violates, or who participates or materially aids another person in a violation, or who procures, aids or abets the violation of this chapter or any rule or order of the director.

(2) Every violation is a separate offense and, in the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $20,000.

(3) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) . [1987 c.148 §22; 1989 c.179 §4; 1991 c.734 §58]

Source: Section 645.950 — Civil penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 648.014 — OR Code / Title 50 / Chapter 648 / Section 648.014
648.014 Forms
Status: in_force

(1) Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter.

(2) The Secretary of State may by rule require the use of the forms. [1995 c.454 §14]

Source: Section 648.014 — Forms; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 650.450 — OR Code / Title 50 / Chapter 650 / Section 650.450
650.450 Indemnification
Status: in_force

(1) Notwithstanding any dealership agreement:

(a) A grantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the grantor’s negligence or intentional misconduct.

(b) A dealer shall indemnify a grantor against and hold the grantor harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the dealer’s negligence or intentional misconduct.

(2) Intentionally left blank —Ed.

(a) A dealer shall notify the grantor of a claim or action that is subject to subsection (1)(a) of this section within 10 days of the dealer’s receipt of the claim or service of summons.

(b) A grantor shall notify the dealer of a claim or action that is subject to subsection (1)(b) of this section within 10 days of the grantor’s receipt of the claim or service of summons. [2003 c.377 §16]

Source: Section 650.450 — Indemnification; grantor and dealer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.685 — OR Code / Title 50 / Chapter 646a / Section 646a.685
646A.685 Plan and methodology to establish upper payment limits for drugs sold in this state
Status: in_force

(1) The Prescription Drug Affordability Board established in ORS 646A.693 (Prescription Drug Affordability Board) shall develop a plan for establishing upper payment limits on drugs sold in this state that are subject to affordability reviews under ORS 646A.694 (Annual affordability determination for identified drugs and insulin products) . The plan shall include:

(a) A methodology for establishing upper payment limits;

(b) An analysis of the resources needed by the board to implement the plan;

(c) An analysis of how upper payment limits would be enforced; and

(d) An analysis of how upper payment limits could be implemented with respect to:

(A) Plans administered by the Public Employees’ Benefit Board;

(B) Plans administered by the Oregon Educators Benefit Board;

(C) Other state-administered health benefits;

(D) Health benefit plans, as defined in ORS 743B.005 (Definitions) ; and

(E) Other forms of insurance that provide pharmaceutical benefits, to the extent permitted by federal law.

(2) No later than September 15, 2024, the Prescription Drug Affordability Board shall report to the interim committees of the Legislative Assembly related to health, in the manner provided in ORS 192.245 (Form of report to legislature) , the following information:

(a) A detailed explanation of the plan developed under subsection (1) of this section.

(b) An analysis of potential savings from or costs of implementing the plan with respect to:

(A) The state;

(B) Insurers;

(C) Hospitals;

(D) Pharmacies; and

(E) Consumers. [2023 c.466 §3]

Note: 646A.685 (Plan and methodology to establish upper payment limits for drugs sold in this state) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 646A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 646A.685 — Plan and methodology to establish upper payment limits for drugs sold in this state; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.990 — OR Code / Title 50 / Chapter 645 / Section 645.990
645.990 Criminal penalty
Status: in_force

Violation of any provision of this chapter or any rule adopted by the director under this chapter is a Class B felony. [1987 c.148 §21]

Source: Section 645.990 — Criminal penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 650.095 — OR Code / Title 50 / Chapter 650 / Section 650.095
650.095 Civil penalties
Status: in_force

(1) In addition to any other liability or penalty provided by law, the Director of the Department of Consumer and Business Services may impose a civil penalty on a person for violation of a rule adopted under ORS 650.050 (Rules) or an order issued under ORS 650.055 (General duties and powers of director) .

(2) Intentionally left blank —Ed.

(a) The director shall impose a civil penalty under this section in the manner provided in ORS 183.745 (Civil penalty procedures) .

(b) Intentionally left blank —Ed.

(A) The civil penalty may not exceed $10,000 for each violation.

(B) In the case of a continuing violation:

(i) Each day that the violation continues is a separate violation.

(ii) The civil penalty may not exceed $50,000. [2005 c.339 §4]

Source: Section 650.095 — Civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.730 — OR Code / Title 50 / Chapter 646 / Section 646.730
646.730 Monopolies prohibited
Status: in_force

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of trade or commerce, shall be in violation of ORS 136.617 (Motion to compel witness who may be incriminated to testify) , 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties) . [1975 c.255 §5]

Source: Section 646.730 — Monopolies prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.624 — OR Code / Title 50 / Chapter 646a / Section 646a.624
646A.624 Powers of director
Status: in_force

(1) The Director of the Department of Consumer and Business Services may:

(a) Make such public or private investigations within or outside this state as the director deems necessary to determine whether a person has violated any provision of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) , or to aid in the enforcement of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) .

(b) Require or permit a person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated.

(c) Administer oaths and affirmations, subpoena witnesses, compel attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director deems relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2).

(2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court or of any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

(3) If the director has reason to believe that any person has engaged or is engaging in any violation of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) , the director may issue an order, subject to ORS chapter 183, directed to the person to cease and desist from the violation, or require the person to pay compensation to consumers injured by the violation. The director may order compensation to consumers only upon a finding that enforcement of the rights of the consumers by private civil action would be so burdensome or expensive as to be impractical.

(4) Intentionally left blank —Ed.

(a) In addition to all other penalties and enforcement provisions provided by law, any person who violates or who procures, aids or abets in the violation of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) shall be subject to a penalty of not more than $1,000 for every violation, which shall be paid to the General Fund of the State Treasury.

(b) Every violation is a separate offense and, in the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any occurrence shall not exceed $500,000.

(c) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) . [2007 c.759 §13]

Source: Section 646A.624 — Powers of director; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.602 — OR Code / Title 50 / Chapter 646a / Section 646a.602
646A.602 Definitions for ORS 646A.600 to 646A.628
Status: in_force

As used in ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) :

(1) Intentionally left blank —Ed.

(a) “Breach of security” means an unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information that a person maintains or possesses.

(b) “Breach of security” does not include an inadvertent acquisition of personal information by a person or the person’s employee or agent if the personal information is not used in violation of applicable law or in a manner that harms or poses an actual threat to the security, confidentiality or integrity of the personal information.

(2) “Consumer” means an individual resident of this state.

(3) “Consumer report” means a consumer report as described in section 603(d) of the federal Fair Credit Reporting Act (15 U.S.C. 1681a(d)), as that Act existed on January 1, 2020, that a consumer reporting agency compiles and maintains.

(4) “Consumer reporting agency” means a consumer reporting agency as described in section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. 1681a(p)) as that Act existed on January 1, 2020.

(5) Intentionally left blank —Ed.

(a) “Covered entity” means a person that owns, licenses, maintains, stores, manages, collects, processes, acquires or otherwise possesses personal information in the course of the person’s business, vocation, occupation or volunteer activities.

(b) “Covered entity” does not include a person described in paragraph (a) of this subsection to the extent that the person acts solely as a vendor.

(6) “Debt” means any obligation or alleged obligation arising out of a consumer transaction.

(7) “Encryption” means an algorithmic process that renders data unreadable or unusable without the use of a confidential process or key.

(8) “Extension of credit” means a right to defer paying debt or a right to incur debt and defer paying the debt, that is offered or granted primarily for personal, family or household purposes.

(9) “Identity theft” has the meaning set forth in ORS 165.800 (Identity theft) .

(10) “Identity theft declaration” means a completed and signed statement that documents alleged identity theft, using a form available from the Federal Trade Commission, or another substantially similar form.

(11) “Person” means an individual, private or public corporation, partnership, cooperative, association, estate, limited liability company, organization or other entity, whether or not organized to operate at a profit, or a public body as defined in ORS 174.109 (“Public body” defined) .

(12) Intentionally left blank —Ed.

(a) “Personal information” means:

(A) A consumer’s first name or first initial and last name in combination with any one or more of the following data elements, if encryption, redaction or other methods have not rendered the data elements unusable or if the data elements are encrypted and the encryption key has been acquired:

(i) A consumer’s Social Security number;

(ii) A consumer’s driver license number or state identification card number issued by the Department of Transportation;

(iii) A consumer’s passport number or other identification number issued by the United States;

(iv) A consumer’s financial account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to a consumer’s financial account, or any other information or combination of information that a person reasonably knows or should know would permit access to the consumer’s financial account;

(v) Data from automatic measurements of a consumer’s physical characteristics, such as an image of a fingerprint, retina or iris, that are used to authenticate the consumer’s identity in the course of a financial transaction or other transaction;

(vi) A consumer’s health insurance policy number or health insurance subscriber identification number in combination with any other unique identifier that a health insurer uses to identify the consumer; or

(vii) Any information about a consumer’s medical history or mental or physical condition or about a health care professional’s medical diagnosis or treatment of the consumer.

(B) A user name or other means of identifying a consumer for the purpose of permitting access to the consumer’s account, together with any other method necessary to authenticate the user name or means of identification.

(C) Any of the data elements or any combination of the data elements described in subparagraph (A) or (B) of this paragraph without the consumer’s user name, or the consumer’s first name or first initial and last name, if:

(i) Encryption, redaction or other methods have not rendered the data element or combination of data elements unusable; and

(ii) The data element or combination of data elements would enable a person to commit identity theft against a consumer.

(b) “Personal information” does not include information in a federal, state or local government record, other than a Social Security number, that is lawfully made available to the public.

(13) “Proper identification” means written information or documentation that a consumer or representative can present to another person as evidence of the consumer’s or representative’s identity, examples of which include:

(a) A valid Social Security number or a copy of a valid Social Security card;

(b) A certified or otherwise official copy of a birth certificate that a governmental body issued; and

(c) A copy of a driver license or other government-issued identification.

(14) “Protected consumer” means an individual who is:

(a) Not older than 16 years old at the time a representative requests a security freeze on the individual’s behalf; or

(b) Incapacitated or for whom a court or other authority has appointed a guardian or conservator.

(15) “Protective record” means information that a consumer reporting agency compiles to identify a protected consumer for whom the consumer reporting agency has not prepared a consumer report.

(16) “Redacted” means altered or truncated so that no more than the last four digits of a Social Security number, driver license number, state identification card number, passport number or other number issued by the United States, financial account number, credit card number or debit card number is visible or accessible.

(17) “Representative” means a consumer who provides a consumer reporting agency with sufficient proof of the consumer’s authority to act on a protected consumer’s behalf.

(18) “Security freeze” means a notice placed in a consumer report at a consumer’s request or a representative’s request or in a protective record at a representative’s request that, subject to certain exemptions, prohibits a consumer reporting agency from releasing information in the consumer report or the protective record for an extension of credit, unless the consumer temporarily lifts the security freeze on the consumer’s consumer report or a protected consumer or representative removes the security freeze on or deletes the protective record.

(19) “Vendor” means a person with which a covered entity contracts to maintain, store, manage, process or otherwise access personal information for the purpose of, or in connection with, providing services to or on behalf of the covered entity. [2007 c.759 §2; 2013 c.415 §1; 2015 c.357 §1; 2018 c.10 §1; 2019 c.180 §2]

Source: Section 646A.602 — Definitions for ORS 646A.600 to 646A.628 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.029 — OR Code / Title 50 / Chapter 647 / Section 647.029
647.029 Examination of application by Secretary of State
Status: in_force

(1) The Secretary of State, at the Secretary of State’s sole discretion, may examine an application filed under ORS 647.015 (Application for registration) for conformity with the provisions of this chapter. This section does not require the Secretary of State to conduct an examination or investigation in connection with an application for registration.

(2) An applicant shall provide additional pertinent information the Secretary of State requests, including a description of a design that is used as a mark. The applicant or, with the applicant’s authorization, the Secretary of State may amend the application to conform with the Secretary of State’s requirements or as the applicant deems advisable to respond to a rejection or objection. The Secretary of State may require the applicant to submit a new application.

(3) The Secretary of State may require the applicant to disclaim an unregisterable component of a mark that is otherwise registerable. The applicant may voluntarily disclaim a component of a mark that the applicant has applied to register. An applicant’s disclaimer does not prejudice or affect the applicant’s or a registrant’s rights that exist or arise in the matter the applicant disclaimed or the applicant’s or a registrant’s rights of registration on another application if the matter the applicant disclaimed is or has become distinctive of the applicant’s or registrant’s goods or services.

(4) If the Secretary of State finds that an applicant is not entitled to register a mark, the Secretary of State shall notify the applicant and provide the Secretary of State’s reasons for the finding. The Secretary of State shall provide the applicant with a reasonable time in which to reply or amend the application and shall examine the amended application in accordance with the provisions of this section. The applicant may continue to amend the application until:

(a) The Secretary of State in a final order refuses to register the mark; or

(b) The applicant abandons the application by failing to reply to the Secretary of State’s notice or amend the application within the time the Secretary of State specifies.

(5) If the Secretary of State in a final order refuses to register a mark, the applicant may seek a writ of mandamus under ORS 34.105 (Definitions for ORS 34.105 to 34.240) to 34.240 (Appeal) to compel the Secretary of State to register the mark. The court may grant the writ if the applicant proves that the statements in the application are true and that the mark is otherwise entitled to registration. The court may not assess costs or award damages against the Secretary of State in an action for a writ of mandamus brought under this section.

(6) If the Secretary of State is concurrently processing applications that seek to register the same mark or a mark that is likely to cause confusion or mistake or to deceive when used on or in connection with goods or services identified in the applications, the Secretary of State shall grant priority to the applications in the order in which they were filed. If the Secretary of State grants a registration for a mark on the basis of an application filed prior to other applications, the Secretary of State shall reject the other applications. A rejected applicant may bring an action to cancel the registration the Secretary of State granted on the basis that the rejected applicant had prior or superior rights to the mark. [1985 c.728 §85b; 1987 c.94 §104; 2009 c.459 §7]

Source: Section 647.029 — Examination of application by Secretary of State; amendment of application; refusal to register mark; priority of concurrent applications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.835 — OR Code / Title 50 / Chapter 646a / Section 646a.835
646A.835 Restrictions on modification or termination of coverage
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, an insurer or a supervising entity that issued a policy of portable electronics insurance to a vendor policyholder may not modify or terminate the terms and conditions of the policy unless the insurer or the supervising entity:

(a) Provides the vendor policyholder and enrolled customers with notice of the modification or termination not less than 30 days before the effective date of the modification or termination; and

(b) In the event of a modification only, provides:

(A) The vendor policyholder with a revised policy or endorsement that is evidence of the modification; and

(B) Each enrolled customer with a revised certificate, endorsement or other evidence of a change in terms and conditions, updated written materials and a summary of the material changes to the terms and conditions of coverage.

(2) Intentionally left blank —Ed.

(a) An insurer or a supervising entity may terminate an enrolled customer’s portable electronics insurance coverage:

(A) Upon discovering fraud or a material misrepresentation the enrolled customer made in obtaining the coverage or in presenting a claim; or

(B) For nonpayment of a premium.

(b) The insurer or the supervising entity must notify the enrolled customer at least 15 days before a termination under this subsection.

(3) An insurer or a supervising entity may immediately terminate an enrolled customer’s portable electronics insurance coverage if:

(a) The enrolled customer ceases to have active wireless service with the vendor policyholder; or

(b) The enrolled customer exhausts the aggregate limit of liability, and the insurer or the supervising entity sends notice of termination to the enrolled customer within 30 days after the enrolled customer exhausts the limit. If the insurer or the supervising entity does not send a timely notice of termination to the enrolled customer, notwithstanding the enrolled customer’s exhaustion of the limit, coverage continues until the insurer or the supervising entity sends the enrolled customer a notice of termination.

(4) A vendor policyholder that has issued portable electronics insurance coverage to an enrolled customer may not terminate the coverage unless the vendor policyholder provides the enrolled customer with notice of the termination not less than 30 days before the effective date of the termination. The supervising entity may provide notice under this subsection on the vendor policyholder’s behalf.

(5) Intentionally left blank —Ed.

(a) Notice or correspondence to a vendor policyholder that is required under this section, or that is otherwise required by law, may be sent as an electronic record.

(b) Notice or correspondence that this section or another provision of law requires to be sent to an enrolled customer may be sent as an electronic record if the enrolled customer agrees to receive notice or correspondence with respect to portable electronics insurance coverage by electronic means in accordance with ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) .

(c) If not sent by electronic means, notice or correspondence may be sent by one of the following means:

(A) In the case of a vendor policyholder, mailed or delivered to the vendor policyholder at the vendor policyholder’s principal place of business in this state; or

(B) In the case of an enrolled customer, mailed or delivered to the enrolled customer’s last known mailing address.

(d) An insurer, a supervising entity or a vendor policyholder that provides notice or sends correspondence under this section shall maintain proof of providing the notice or sending the correspondence for a minimum of three years after the termination of the portable electronics insurance coverage. Proof of mailing or delivery to the enrolled customer’s last known mailing address or electronic mailing address is sufficient proof of providing the notice or sending the correspondence. [Formerly 646A.588]

Source: Section 646A.835 — Restrictions on modification or termination of coverage; notice; consent to notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.010 — OR Code / Title 50 / Chapter 646 / Section 646.010
646.010 Designation and scope of ORS 646.010 to 646.180
Status: in_force

ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) shall be known and designated as the Anti-price Discrimination Law; and the inhibitions against discrimination in those sections shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby discrimination is, in substance or fact, effected in violation of the spirit and intent of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) .

Source: Section 646.010 — Designation and scope of ORS 646.010 to 646.180 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 647.700 — OR Code / Title 50 / Chapter 647 / Section 647.700
647.700 Definitions for ORS 647.700 to 647.730
Status: in_force

As used in ORS 647.700 (Definitions for ORS 647.700 to 647.730) to 647.730 (Applicability of ORS 647.700 to 647.730) :

(1) “Copyright owner” means a person that owns a copyright that is recognized and enforceable under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.).

(2) “Perform” means to disseminate a musical work by playing a recording of the musical work in public, by broadcasting the musical work by radio, television, cable television, satellite or other means or by playing the musical work live in public.

(3) “Performing rights society” means an association or corporation that grants a license on behalf of a copyright owner to perform a copyrighted musical work, including but not limited to the following societies and corporations:

(a) The American Society of Composers, Authors and Publishers (ASCAP);

(b) Broadcast Music, Inc. (BMI); and

(c) SESAC.

(4) “Proprietor” means an owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in this state in which the public may assemble and in which copyrighted musical works may be performed.

(5) “Royalty” means a fee provided to a copyright owner or performing rights society for a license to perform a musical work. [1997 c.236 §1; 2018 c.28 §4]

Note: 647.700 (Definitions for ORS 647.700 to 647.730) to 647.730 (Applicability of ORS 647.700 to 647.730) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 647 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 647.700 — Definitions for ORS 647.700 to 647.730 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.316 — OR Code / Title 50 / Chapter 646a / Section 646a.316
646A.316 Warranty claims
Status: in_force

Unless otherwise agreed:

(1) On a warranty claim, a supplier shall provide reasonable compensation for the retailer’s costs, including but not limited to:

(a) Diagnostic services;

(b) Repair services;

(c) Repair parts; and

(d) Labor.

(2) For labor on warranty service, a supplier may not pay a retailer an hourly rate that is less than the rate that the retailer charges for nonwarranty service.

(3) For repair parts on warranty service, a supplier may not pay a retailer less than the amount that the retailer paid for the parts plus a reasonable allowance for the shipping and handling of the parts.

(4) A supplier must allow a reasonable time for a retailer to complete warranty service. [Formerly 646.453; 2009 c.11 §82]

Source: Section 646A.316 — Warranty claims; payment; time for completion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.090 — OR Code / Title 50 / Chapter 646a / Section 646a.090
646A.090 Offer to sell or lease motor vehicle under retail installment contract or lease agreement
Status: in_force

(1) As used in this section:

(a) “Buyer” means a person that purchases or leases a motor vehicle.

(b) “Final approval of funding” means a lender’s irrevocable agreement to purchase a retail installment contract or lease agreement from a seller according to the exact terms that the seller and buyer have negotiated.

(c) “Lender” means a person that purchases a retail installment contract or lease agreement for a motor vehicle.

(d) “Motor vehicle” means a motor vehicle, as defined in ORS 801.360 (“Motor vehicle.”) , that is sold or leased in this state for personal, family or household purposes.

(e) “Seller” means a person that holds a current, valid vehicle dealer certificate issued under ORS 822.020 (Issuance and renewal of certificate) .

(2) A seller may offer to sell or lease a motor vehicle to a buyer or prospective buyer under a retail installment contract or lease agreement that is subject to a lender’s agreement to purchase the retail installment contract or lease agreement into which the buyer enters.

(3) In any transaction described in subsection (2) of this section:

(a) If, within 14 days after a buyer takes possession of a motor vehicle, a lender does not agree to purchase a retail installment contract or lease agreement on the exact terms that the seller and the buyer negotiate and the seller does not receive final approval of funding from the lender, the seller shall return to the buyer all items of value the seller received from the buyer as part of the transaction; and

(b) If the seller has accepted a trade-in motor vehicle from the buyer, the seller may not sell or lease the buyer’s trade-in motor vehicle before the seller receives final approval of funding from the lender.

(4) In any transaction described in subsection (2) of this section, if the buyer has accepted a motor vehicle from the seller that is subject to a retail installment contract or lease agreement, and a lender does not agree to purchase the retail installment contract or lease agreement on the exact terms the seller and the buyer negotiated, the buyer shall return to the seller all items of value the buyer received from the seller as part of the transaction. The seller may charge the buyer only for amounts that the retail installment contract or lease agreement provides in writing that the seller may charge. The retail installment contract or lease agreement may provide only for these amounts:

(a) The fair market value of damage to, excessive wear and tear on or loss of the motor vehicle that occurs between the date the buyer takes possession of the motor vehicle and the date the buyer returns the motor vehicle to the seller’s custody; and

(b) If, within 14 days after the date on which the buyer takes possession of the motor vehicle, the seller sends notice to the buyer by first class mail or written electronic communication that a lender has not agreed to purchase the retail installment contract or lease agreement, a reasonable charge per mile for the use of the motor vehicle. The charge may not exceed the rate per mile allowed under federal law as a deduction for federal income tax purposes for an ordinary and necessary business expense.

(5) If the buyer makes a reasonable attempt to return the vehicle within five days after the seller sends a notice under subsection (4)(b) of this section, but the seller is not available to accept the return, the seller may not charge the buyer under subsection (4)(b) of this section.

(6) Intentionally left blank —Ed.

(a) Subject to paragraph (b) of this subsection, a seller has an affirmative defense to a claim or charge of violating subsection (3)(a) of this section by showing that the buyer failed to return the motor vehicle after the seller sent the notice described in subsection (4)(b) of this section.

(b) A seller shall retain proof of the date on which the seller sent to the buyer the notice described in subsection (4)(b) of this section. [Formerly 646.877; 2017 c.241 §1; 2023 c.400 §37]

Source: Section 646A.090 — Offer to sell or lease motor vehicle under retail installment contract or lease agreement; return of items if lender does not approve loan; charges for use of vehicle; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.150 — OR Code / Title 50 / Chapter 647 / Section 647.150
647.150 Trademark counterfeiting in first degree
Status: in_force

(1) A person commits the crime of trademark counterfeiting in the first degree if the person commits trademark counterfeiting as described in ORS 647.135 (Trademark counterfeiting) or 647.145 (Trademark counterfeiting in second degree) (1)(b) and:

(a) Has two or more prior convictions for trademark counterfeiting in any degree;

(b) The total number of items bearing the counterfeit mark is 1,000 or more; or

(c) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is $10,000 or more.

(2) Trademark counterfeiting in the first degree is a Class B felony. [1999 c.722 §5]

Source: Section 647.150 — Trademark counterfeiting in first degree; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646.656 — OR Code / Title 50 / Chapter 646 / Section 646.656
646.656 Remedies supplementary to existing statutory or common law remedies
Status: in_force

The remedies provided in 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) are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state. [1971 c.744 §21a]

Source: Section 646.656 — Remedies supplementary to existing statutory or common law remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.124 — OR Code / Title 50 / Chapter 646a / Section 646a.124
646A.124 General disclosure requirements
Status: in_force

(1) The lessor shall disclose to the consumer the information required by ORS 646A.126 (Specific disclosure requirements) . In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by the disclosures.

(2) The disclosures shall be made at or before consummation of the lease-purchase agreement.

(3) The disclosures shall be made clearly and conspicuously in writing and a copy of the lease-purchase agreement shall be provided to the consumer. The disclosures required under ORS 646A.126 (Specific disclosure requirements) shall be made on the face of the contract above the line for the consumer’s signature.

(4) If a disclosure becomes inaccurate as the result of any act, occurrence or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of ORS 646A.120 (Definitions for ORS 646A.120 to 646A.134) to 646A.134 (Disclosures required in advertisement for lease-purchase agreements) .

(5) If any portion of the transaction is conducted in any language other than English, the disclosures required under ORS 646A.120 (Definitions for ORS 646A.120 to 646A.134) to 646A.134 (Disclosures required in advertisement for lease-purchase agreements) shall be in the language other than English. This subsection does not apply if any portion of the transaction is conducted through an interpreter supplied by the lessee. [Formerly 646.249]

Source: Section 646A.124 — General disclosure requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.826 — OR Code / Title 50 / Chapter 646a / Section 646a.826
646A.826 Cost of coverage
Status: in_force

(1) A vendor policyholder may bill and collect the cost of portable electronics insurance coverage purchased by an enrolled customer. Any charge to the enrolled customer for coverage that is not included in the cost to the enrolled customer to purchase or lease portable electronics must be separately itemized in writing. If the coverage is included with the purchase or lease of portable electronics, whether or not the coverage is included in the cost to the enrolled customer of the purchase or lease of the portable electronics, the vendor policyholder shall clearly and conspicuously disclose in writing to the enrolled customer that the coverage is included with the purchase or lease of the portable electronics.

(2) If authorized by an insurer or a supervising entity, a vendor policyholder that bills and collects the cost of portable electronics insurance coverage from an enrolled customer is not required to deposit the amount paid in a segregated account but shall remit the amount collected to the insurer or the supervising entity within 60 days of receipt from the enrolled customer.

(3) Moneys collected by a vendor policyholder from an enrolled customer for the cost of portable electronics insurance coverage are funds held by the vendor policyholder in trust for the benefit of the insurer or the supervising entity.

(4) A vendor policyholder may receive compensation from an insurer or a supervising entity for billing and collecting the cost of portable electronics insurance coverage purchased by enrolled customers.

(5) Vendor policyholders, insurers and supervising entities are not subject to ORS 744.083 (Trust account for premium funds) and 744.084 (Certificate of deposit in lieu of trust account) . [Formerly 646A.580]

Source: Section 646A.826 — Cost of coverage; billing requirements; remission to insurer or supervising entity; funds held in trust; compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.832 — OR Code / Title 50 / Chapter 646a / Section 646a.832
646A.832 Exceptions to license requirement
Status: in_force

(1) An employee, agent or authorized representative of a vendor policyholder may issue, sell or offer for sale portable electronics insurance coverage to a customer without obtaining a limited license under ORS 646A.823 (Limited license required) if:

(a) The vendor policyholder has been issued a limited license under ORS 646A.823 (Limited license required) ; and

(b) The insurer or the supervising entity that issued a policy of portable electronics insurance to the vendor policyholder develops a training program for employees, agents and authorized representatives of the vendor policyholder that:

(A) Is completed by employees, agents and authorized representatives of the vendor policyholder who are directly engaged in the issuing, selling or offering for sale of portable electronics insurance coverage to customers;

(B) Includes basic instruction about portable electronics insurance coverage and the disclosures required under ORS 646A.829 (Written disclosure requirements) ; and

(C) If delivered electronically, includes a supplementary education program that is conducted and overseen by employees of the insurer or the supervising entity.

(2) An employee, agent or authorized representative of a vendor policyholder who is authorized to issue, sell or offer for sale portable electronics insurance coverage under this section may not advertise, represent or otherwise hold themselves out as holding a limited license under ORS 646A.823 (Limited license required) or being a licensed insurer or insurance producer as those terms are defined in ORS 731.104 (“Insurance producer.”) and 731.106 (“Insurer.”) unless the employee, agent or authorized representative has been issued a limited license or is licensed as an insurer or insurance producer under the laws of this state.

(3) The acts of an employee, agent or authorized representative of a vendor policyholder who is authorized to issue, sell or offer for sale portable electronics insurance coverage under this section are deemed to be the acts of the vendor policyholder for purposes of ORS 646A.820 (Definitions) to 646A.838 (Rules) . [Formerly 646A.585]

Source: Section 646A.832 — Exceptions to license requirement; prohibited representations; acts of employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.823 — OR Code / Title 50 / Chapter 646a / Section 646a.823
646A.823 Limited license required
Status: in_force

(1) A vendor may not issue, sell or offer for sale portable electronics insurance coverage unless the vendor has been issued a limited license by the Department of Consumer and Business Services under this section.

(2) Intentionally left blank —Ed.

(a) An application for a limited license under this section must be submitted on a form in accordance with paragraph (b) of this subsection and accompanied by a fee as prescribed by the department by rule.

(b) The application must, at a minimum, include:

(A) The name and street address of an employee, agent or authorized representative of the vendor who is the person designated by the vendor as being responsible for the vendor’s compliance with ORS 646A.820 (Definitions) to 646A.838 (Rules) ; and

(B) The name and address in this state of a person designated by the vendor as the vendor’s agent upon whom may be served, in the manner described in ORS 59.155 (Director is agent for service of process) , at any time any process, notice or demand in a civil proceeding brought in connection with portable electronics insurance coverage, including a proceeding brought by the Director of the Department of Consumer and Business Services.

(c) A vendor licensed under this section shall annually update the contact information provided to the department under paragraph (b) of this subsection.

(3) Intentionally left blank —Ed.

(a) A limited license issued under this section is valid for two years unless suspended or revoked by the department.

(b) A limited license may be renewed upon expiration for another two-year period upon application of the vendor and payment of a fee as prescribed by the department by rule.

(4) A vendor licensed under this section may not advertise, represent or otherwise hold itself out as being licensed to sell any other type of insurance unless the vendor is actually licensed under the laws of this state to sell the other type of insurance. [Formerly 646A.577]

Source: Section 646A.823 — Limited license required; application; fee; renewal; prohibited representations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.626 — OR Code / Title 50 / Chapter 646a / Section 646a.626
646A.626 Rules
Status: in_force

In accordance with ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules for the purpose of carrying out the provisions of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) . [2007 c.759 §14]

Source: Section 646A.626 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.240 — OR Code / Title 50 / Chapter 650 / Section 650.240
650.240 When transfer of motor fuel a sale in commerce
Status: in_force

For purposes of ORS 646.040 (Price discrimination prohibited) , the transfer of motor fuel from a franchisor to a company operated station or a franchisee shall be a sale in commerce. [1987 c.917 §6]

Source: Section 650.240 — When transfer of motor fuel a sale in commerce , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.466 — OR Code / Title 50 / Chapter 646a / Section 646a.466
646A.466 Replacement or refund after attempt to repair
Status: in_force

If a nonconformity develops in a new assistive device or demonstrator, the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer:

(1) In the case of a sale, refund to the consumer and to any holder of a perfected security interest as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use;

(2) In the case of a lease, refund to the dealer and to any other holder of a perfected security interest, as their interest may appear, the current value of the lease and refund to the consumer the amount that the consumer paid under the lease plus any collateral costs, less a reasonable allowance for use; or

(3) Provide a conforming replacement. [Formerly 646.488]

Source: Section 646A.466 — Replacement or refund after attempt to repair , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.562 — OR Code / Title 50 / Chapter 646a / Section 646a.562
646A.562 Definitions for ORS 646A.560 to 646A.566
Status: repealed

As used in ORS 646A.560 (Legislative findings) to 646A.566 (Considerations for state agency procurement of lighting devices that contain mercury) :

(1) “Lighting that contains mercury” means an electric lamp, including compact fluorescent lamps, straight fluorescent lamps and nonlinear fluorescent lamps, to which mercury or mercury compounds are added during the manufacturing process.

(2) “Long lifetime” means 25,000 hours or more when tested on an electronic ballast, including T8 instant start ballasts and T5 programmed start ballasts, and turned off and on every three hours.

(3) “Normal lifetime” means less than 25,000 hours when tested on an electronic ballast, including T8 instant start ballasts and T5 programmed start ballasts, and turned off and on every three hours.

(4) Intentionally left blank —Ed.

(a) “Producer of lighting that contains mercury” means any person that:

(A) Manufactures and sells lighting that contains mercury under its own brand;

(B) Resells under its own brand lighting that contains mercury produced by other suppliers;

(C) Imports or exports lighting that contains mercury on a professional basis; or

(D) Serves as the importer or domestic distributor of lighting that contains mercury if the brand name owner is located outside of the United States.

(b) “Producer of lighting that contains mercury” does not mean a reseller of lighting that contains mercury if the brand of the manufacturer of the lighting that contains mercury appears on the lighting.

(5) “Special purpose lighting” means appliance lighting, black lighting, germicidal lighting, bug lighting, colored lighting, plant lighting, straight fluorescent reflector lighting, reprographic lighting, shatter resistant lighting, cold temperature lighting and three-way lighting. [2012 c.52 §2]

Note: 646A.562 (Definitions for ORS 646A.560 to 646A.566) is repealed January 1, 2025. See section 5, chapter 410, Oregon Laws 2023.

Source: Section 646A.562 — Definitions for ORS 646A.560 to 646A.566 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.440 — OR Code / Title 50 / Chapter 646a / Section 646a.440
646A.440 Required provisions of reimbursement insurance policy
Status: in_force

(1) A reimbursement insurance policy for a warranty issued in accordance with ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) shall have the following provisions:

(a) The reimbursement insurer that issues the policy will reimburse or pay on behalf of the warrantor any amounts the warrantor is legally obligated to pay or will provide any service that the warrantor is legally obligated to perform under the vehicle protection product warranty.

(b) If the warrantor does not pay or provide to the consumer the amounts or the service for which the warrantor is legally obligated within 60 days after the date the consumer provides proof of loss or damage, the reimbursement insurer will pay the amount or provide the service directly to or on behalf of the consumer.

(c) A reimbursement insurer may not defend against a consumer’s claim for payment of an amount or performance of a service described in paragraph (a) of this subsection on the basis that the consumer did not pay the premium for the reimbursement insurance policy. For the purposes of any claim a consumer makes under the policy, the consumer’s payment for the vehicle protection product shall constitute payment of the premium for the reimbursement insurance policy.

(d) The warrantor to whom a reimbursement insurer issued a reimbursement insurance policy is an agent or representative of the reimbursement insurer for the purpose of obligating the reimbursement insurer to the consumer under the terms and conditions of the reimbursement insurance policy.

(2) A reimbursement insurer may not cancel a reimbursement insurance policy until the insurer delivers to the warrantor and the Director of the Department of Consumer and Business Services a written notice of cancellation.

(3) A reimbursement insurer that cancels a reimbursement insurance policy does not reduce the reimbursement insurer’s responsibility for vehicle protection products that the warrantor issued and insured under the policy before the cancellation date.

(4) A warrantor that receives a cancellation notice for a reimbursement insurance policy shall:

(a) Obtain new reimbursement insurance from a reimbursement insurer qualified in accordance with ORS 646A.438 (Reimbursement insurance) and file proof with the Director of the Department of Consumer and Business Services that the warrantor has obtained new insurance; or

(b) Discontinue offering vehicle protection product warranties as of the date of cancellation and until the warrantor obtains new reimbursement insurance from a reimbursement insurer qualified in accordance with ORS 646A.438 (Reimbursement insurance) . [2007 c.685 §6]

Source: Section 646A.440 — Required provisions of reimbursement insurance policy; cancellation; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.739 — OR Code / Title 50 / Chapter 646 / Section 646.739
646.739 Exemption for negotiations governing season starting price for sale of Oregon seafood
Status: in_force

(1) As used in this section:

(a) “Dealer” has the meaning given that term in ORS 646.515 (Definitions for ORS 646.515 to 646.545) .

(b) “Parties” or “party” means Oregon seafood harvesters, Oregon seafood harvester associations, Oregon seafood harvester cooperatives or dealers that are participants in the state regulatory program described in subsection (2) of this section.

(c) “Regulatory program” means the state regulatory program described in subsection (2) of this section that is actively supervised by the Director of Agriculture and that authorizes parties to engage in certain collective bargaining and negotiations to establish the price of Oregon seafood to be harvested and sold to dealers in the future.

(d) “Season starting price” means the price at which the parties agree to sell Oregon seafood and at which the parties agree to pay for Oregon seafood at the onset of a seafood harvesting season and for as long a period as the parties to the negotiations determine.

(2) Intentionally left blank —Ed.

(a) It is the intent of this section and ORS 646.535 (Unfair trade practices prohibited) (2) and 646.740 (Permitted activities) (12) to displace competition with a regulatory program in the Oregon seafood harvesting industry to a limited degree. The regulatory program is intended to grant immunity from federal and state antitrust laws to Oregon seafood harvesters and dealers for the limited purpose of allowing the harvesters and the dealers to bargain collectively and to arrive at a negotiated season starting price for the sale of Oregon seafood by the harvesters to the dealers. The activities of any party that comply with the provisions of this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provision of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.826 (Counsel for persons testifying) or federal antitrust laws.

(b) An Oregon seafood harvester cooperative or Oregon seafood harvester association may negotiate with one or more dealers to establish the season starting price at which members of the cooperative or association will sell Oregon seafood to be harvested by its members or under the control of its members. The dealers may negotiate the season starting price of Oregon seafood through a committee that sets forth the views of the dealers and votes on any issues being negotiated as authorized by this section, including the season starting price of Oregon seafood. Participation by a dealer in season starting price negotiations is voluntary.

(c) If the dealers negotiate the season starting price through a committee under paragraph (b) of this subsection, nonparticipating dealers are not bound by the acts of the committee.

(d) Any agreements that arise from negotiations conducted under this section are binding only on the parties that participate in the negotiations and agree to be bound.

(e) The Director of Agriculture is authorized to actively supervise the conduct of an Oregon seafood harvester cooperative organized under ORS chapter 62, a representative committee of dealers and any Oregon seafood harvester association in establishing the season starting price of Oregon seafood to be harvested and sold to dealers at a future date. The director is authorized to supervise the negotiations between the parties, review the season starting prices established by the negotiations and approve the season starting prices proposed by the parties before the season starting prices take effect. The director must approve the proposed season starting prices and any adjustments to previously approved season starting prices before the season starting prices may be implemented.

(f) The director may compel the parties to take whatever action the director considers necessary to:

(A) Ensure that the parties are engaging in conduct that is authorized under this section;

(B) Ensure that the policies of this state are being fulfilled under the regulatory program; and

(C) Enjoin conduct by any of the parties that is not authorized by the director or conduct that the director finds does not advance the interests of this state in carrying out the regulatory program.

(g) The director may adopt rules to carry out the director’s authority under this section.

(h) The director may designate persons as the director deems necessary to carry out the responsibility of actively supervising the conduct of the parties, including serving as intermediaries between prospective parties. Persons designated by the director must be employees of the State Department of Agriculture.

(i) The director by rule shall set and collect fees from the parties who are participants in a regulatory program. The fees shall be deposited in the Department of Agriculture Account established under ORS 561.150 (Department of Agriculture Account) . [Formerly 62.849; 2023 c.9 §46]

Note: See note under 646.736 (Public policy) .

Source: Section 646.739 — Exemption for negotiations governing season starting price for sale of Oregon seafood; supervision by Director of Agriculture; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.434 — OR Code / Title 50 / Chapter 646a / Section 646a.434
646A.434 Sale of vehicle protection product
Status: in_force

(1) A person may not offer for sale or sell a vehicle protection product that includes a vehicle protection product warranty unless, at the time of the sale, the seller or a warrantor provides to the consumer:

(a) A copy of the vehicle protection product warranty for the vehicle protection product; or

(b) A receipt for, or other written evidence of, the consumer’s purchase of the vehicle protection product.

(2) A warrantor who complies with subsection (1)(b) of this section shall provide to the consumer a copy of the vehicle protection product warranty within 30 days after the date of purchase.

(3) The vehicle protection product warranty must:

(a) Be written and printed or typed;

(b) List, either preprinted on the warranty document or, if negotiated at the time of sale, in an addition to the warranty document, the purchase price and terms of sale for the vehicle protection product;

(c) List the name, address, phone number and other available contact information for the warrantor;

(d) List, either preprinted on the warranty document or in an addition to the warranty document at the time of sale, the name of and contact information for the administrator for the vehicle protection product warranty, if any, the name of the seller and the name of the consumer, if the consumer has provided the consumer’s name to the warrantor;

(e) Specify the nature or contents of the vehicle protection product or the services included with the product and any limitations, exceptions or exclusions;

(f) Describe the procedure for making a claim under the warranty and provide an address and telephone number for submitting claims;

(g) Specify any restrictions governing the transferability or cancellation of the vehicle protection product warranty;

(h) Disclose the items for which the warrantor will pay incidental expenses, along with any formula the warrantor uses to calculate the expenses, or provide for a fixed sum for payment of incidental expenses;

(i) State the consumer’s duties, including any duty to protect against further damage to the vehicle and any requirement to follow the warranty’s instructions;

(j) State that a reimbursement insurance policy guarantees the obligations to the consumer set forth in the warranty;

(k) List the name and address and other available contact information for the reimbursement insurer and state that if the warrantor does not provide a covered service within 60 days after the date the consumer provides proof of loss or damage, the consumer may apply directly to the reimbursement insurer for reimbursement;

(L) List the name, mailing address and telephone number for the Department of Consumer and Business Services and state that the consumer may address unresolved complaints concerning a warrantor or questions concerning the regulation of a warrantor to the department; and

(m) State that the vehicle protection product warranty is a product warranty and not insurance. [2007 c.685 §3]

Source: Section 646A.434 — Sale of vehicle protection product; conditions and requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.152 — OR Code / Title 50 / Chapter 646a / Section 646a.152
646A.152 Definitions for ORS 646A.150 to 646A.172
Status: in_force

As used in ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) :

(1) “Maintenance agreement” means a contract of limited duration that provides for scheduled maintenance only.

(2) Intentionally left blank —Ed.

(a) “Obligor” means a person that is contractually obligated to the service contract holder to provide service under a service contract.

(b) “Obligor” does not include a person that has a home services contractor license, as described in ORS 701.501 (Home services contractor license) , and offers or provides services under a home service agreement, as defined in ORS 731.164 (“Home protection insurance,” “home protection insurer.”) .

(3) “Person” means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate or any similar entity or combination of entities acting in concert.

(4) “Service contract” is a contract described in ORS 646A.154 (Service contract defined) .

(5) “Service contract holder” or “contract holder” means a person that purchases or holds a service contract.

(6) “Service contract seller” means a person that markets, sells or offers to sell a service contract.

(7) “Warranty” means a warranty that a person that manufactures, imports or sells property or services makes without charge, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services. [Formerly 646.265; 2013 c.527 §1]

Source: Section 646A.152 — Definitions for ORS 646A.150 to 646A.172 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.062 — OR Code / Title 50 / Chapter 646a / Section 646a.062
646A.062 Penalty for violation of ORS 646A.060
Status: in_force

A person that violates ORS 646A.060 (Purchase of used goods) (1) commits a Class B violation. [Formerly 646.849; 2009 c.811 §14]

Source: Section 646A.062 — Penalty for violation of ORS 646A.060 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.677 — OR Code / Title 50 / Chapter 646a / Section 646a.677
646A.677 Requirement to screen for financial assistance before transferring medical debt for collection
Status: in_force

(1) As used in this section:

(a) “Debt collector” has the meaning given that term in ORS 646.639 (Unlawful collection practices) .

(b) “Financial assistance” means the written financial assistance policy described in ORS 442.610 (Notice of financial assistance policies) .

(c) “Hospital” has the meaning given that term in ORS 442.612 (Definitions) .

(d) “Hospital-affiliated clinic” has the meaning give that term in ORS 442.612 (Definitions) .

(e) “Medical debt” means an amount owed by a patient to a hospital or a nonprofit hospital-affiliated clinic for medically necessary services or supplies.

(f) “Medically necessary” has the meaning given that term in ORS 442.612 (Definitions) .

(g) “Nonprofit” has the meaning given that term in ORS 442.612 (Definitions) .

(2) A hospital and a nonprofit hospital-affiliated clinic shall post the hospital’s financial assistance policy in the manner described in ORS 442.610 (Notice of financial assistance policies) (3)(d).

(3) Upon the request of a patient or an individual who is authorized to act on behalf of a patient, a hospital or hospital-affiliated clinic shall conduct a screening to determine if the patient qualifies for:

(a) Financial assistance under the hospital’s financial assistance policy; or

(b) The state medical assistance program.

(4) Before transferring an unpaid charge for services to a debt collector or referring an unpaid charge for collection, a hospital or hospital-affiliated clinic shall:

(a) Conduct a screening to determine if the patient qualifies for financial assistance as described in ORS 442.614 (Requirements for financial assistance policies) (1)(a)(A), if applicable; and

(b) Provide a copy of its financial assistance policy to the patient along with an application for financial assistance.

(5) A hospital or nonprofit hospital-affiliated clinic may conduct the screening described in subsections (3) and (4) of this section using commercially available services, software or online tools.

(6) As a condition for providing financial assistance, a hospital may require a patient to:

(a) Respond to requests from the patient’s primary insurer as necessary for the insurer to adjudicate a claim for reimbursement of the cost of services; and

(b) Provide information concerning any potential third party liability for the cost of services including but not limited to:

(A) Information about the coordination of benefits between insurers that cover the patient’s care;

(B) Accident reports; and

(C) The patient’s workers’ compensation claims or benefits.

(7) If a patient qualifies for financial assistance under ORS 442.614 (Requirements for financial assistance policies) (1)(a)(A), a hospital, nonprofit hospital-affiliated clinic or other debt collector may not charge interest on the patient’s medical debt.

(8) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the interest that a hospital, nonprofit hospital-affiliated clinic or other debt collector may charge on a medical debt owed by a patient who does not qualify for financial assistance under ORS 442.614 (Requirements for financial assistance policies) (1)(a)(A) may not exceed the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the week preceding the date when the patient was first billed, except that the interest may not be less than two percent per annum or more than five percent per annum.

(b) Upon entry of a judgment against a patient described in paragraph (a) of this subsection, a hospital, nonprofit hospital-affiliated clinic or other debt collector may increase the interest charged on a medical debt up to the amount specified in ORS 82.010 (Legal rate of interest) .

(9) A hospital, hospital-affiliated clinic or other debt collector may not attempt to collect a medical debt from a patient’s child or other family member who is not financially responsible for the debt under ORS chapter 108.

(10) It is an unlawful collection practice under ORS 646.639 (Unlawful collection practices) for a hospital, hospital-affiliated clinic or other debt collector to collect or attempt to collect a medical debt in a manner that the hospital, hospital-affiliated clinic or other debt collector knows, or after exercising reasonable diligence would know, is in violation of this section. [2019 c.497 §4; 2021 c.96 §2; 2023 c.263 §4]

Note: The amendments to 646A.677 (Requirement to screen for financial assistance before transferring medical debt for collection) by section 4, chapter 263, Oregon Laws 2023, become operative July 1, 2024. See section 6, chapter 263, Oregon Laws 2023. The text that is operative until July 1, 2024, is set forth for the user’s convenience.

646A.677 (Requirement to screen for financial assistance before transferring medical debt for collection) . (1) As used in this section:

(a) “Debt collector” has the meaning given that term in ORS 646.639 (Unlawful collection practices) .

(b) “Financial assistance” means the written financial assistance policy described in ORS 442.610 (Notice of financial assistance policies) .

(c) “Hospital” has the meaning given that term in ORS 442.612 (Definitions) .

(d) “Hospital-affiliated clinic” has the meaning give that term in ORS 442.612 (Definitions) .

(e) “Medical debt” means an amount owed by a patient to a hospital or a nonprofit hospital-affiliated clinic for medically necessary services or supplies.

(f) “Medically necessary” has the meaning given that term in ORS 442.612 (Definitions) .

(g) “Nonprofit” has the meaning given that term in ORS 442.612 (Definitions) .

(2) A hospital and a nonprofit hospital-affiliated clinic shall post the hospital’s financial assistance policy in the manner described in ORS 442.610 (Notice of financial assistance policies) (3)(c).

(3) Upon the request of a patient or an individual who is authorized to act on behalf of a patient, a hospital or hospital-affiliated clinic shall conduct a screening to determine if the patient qualifies for:

(a) Financial assistance under the hospital’s financial assistance policy; or

(b) The state medical assistance program.

(4) Before transferring an unpaid charge for services to a debt collector or referring an unpaid charge for collection, a hospital or hospital-affiliated clinic shall:

(a) Conduct a screening to determine if the patient qualifies for financial assistance as described in ORS 442.614 (Requirements for financial assistance policies) (1)(a)(A), if applicable; and

(b) Provide a copy of its financial assistance policy to the patient along with an application for financial assistance.

(5) A hospital or nonprofit hospital-affiliated clinic may conduct the screening described in subsections (3) and (4) of this section using commercially available services, software or online tools.

(6) As a condition for providing financial assistance, a hospital may require a patient to:

(a) Respond to requests from the patient’s primary insurer as necessary for the insurer to adjudicate a claim for reimbursement of the cost of services; and

(b) Provide information concerning any potential third party liability for the cost of services including but not limited to:

(A) Information about the coordination of benefits between insurers that cover the patient’s care;

(B) Accident reports; and

(C) The patient’s workers’ compensation claims or benefits.

(7) If a patient qualifies for financial assistance under ORS 442.614 (Requirements for financial assistance policies) (1)(a)(A), a hospital, nonprofit hospital-affiliated clinic or other debt collector may not charge interest on the patient’s medical debt.

(8) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the interest that a hospital, nonprofit hospital-affiliated clinic or other debt collector may charge on a medical debt owed by a patient who does not qualify for financial assistance under ORS 442.614 (Requirements for financial assistance policies) (1)(a)(A) may not exceed the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the week preceding the date when the patient was first billed, except that the interest may not be less than two percent per annum or more than five percent per annum.

(b) Upon entry of a judgment against a patient described in paragraph (a) of this subsection, a hospital, nonprofit hospital-affiliated clinic or other debt collector may increase the interest charged on a medical debt up to the amount specified in ORS 82.010 (Legal rate of interest) .

(9) A hospital, hospital-affiliated clinic or other debt collector may not attempt to collect a medical debt from a patient’s child or other family member who is not financially responsible for the debt under ORS chapter 108.

(10) It is an unlawful collection practice under ORS 646.639 (Unlawful collection practices) for a hospital, hospital-affiliated clinic or other debt collector to collect or attempt to collect a medical debt in a manner that the hospital, hospital-affiliated clinic or other debt collector knows, or after exercising reasonable diligence would know, is in violation of this section.

Source: Section 646A.677 — Requirement to screen for financial assistance before transferring medical debt for collection; permitted interest rate; unlawful collection practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.065 — OR Code / Title 50 / Chapter 650 / Section 650.065
650.065 Injunctive relief
Status: in_force

(1) Whenever the Director of the Department of Consumer and Business Services determines that any person has engaged in, or is about to engage in, any act or practice which the director believes would give rise to liability under ORS 650.020 (Liability of franchise seller) , the director may bring suit in the name of the State of Oregon in any circuit court of this state to enjoin the acts or practices. Upon a proper showing, the court shall grant a permanent or temporary injunction or restraining order and may appoint a receiver or conservator for the defendant or the defendant’s assets. The court shall not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(2) The director may include in any suit authorized by subsection (1) of this section a claim for any amount the franchisee could recover under ORS 650.020 (Liability of franchise seller) or a claim for damages on behalf of other persons injured by any act or practice against which an injunction or restraining order is sought. The court may award appropriate relief to the franchisee or such other persons if the court finds that enforcement of the right of the franchisee or other persons by private civil action or suit, whether by class action or otherwise, would be so burdensome or expensive as to be impractical. [1973 c.509 §8; 1981 c.897 §85; 1995 c.696 §41]

Source: Section 650.065 — Injunctive relief; attorney fees; appointment of receiver or conservator; conditions of awarding damages and injunctive relief , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.312 — OR Code / Title 50 / Chapter 646a / Section 646a.312
646A.312 Termination, cancellation or nonrenewal of retailer agreement
Status: in_force

(1) As used in this section:

(a) “Good cause” means a retailer’s:

(A) Failing to comply with a term in a retailer agreement that also appears in a retailer agreement that similarly situated retailers have with the same supplier, including a term that requires the retailer to meet marketing criteria;

(B) Transferring a controlling ownership interest in the retailer’s business without the supplier’s consent;

(C) Making a material misrepresentation or falsification of a record, contract, report or other document that the retailer has submitted to the supplier;

(D) Filing a voluntary petition in bankruptcy;

(E) Being placed involuntarily in bankruptcy and not discharging the bankruptcy within 60 days after the filing;

(F) Becoming insolvent;

(G) Being placed in a receivership;

(H) Pleading guilty to, being convicted of or being imprisoned for a felony;

(I) Failing to operate in the normal course of business for seven consecutive business days or terminating business;

(J) Relocating or establishing a new or additional place or places of business without the supplier’s consent;

(K) Failing to satisfy a payment obligation as the payment obligation comes due and payable to the supplier;

(L) Failing to promptly account to the supplier for any proceeds from selling farm implements or otherwise failing to hold the proceeds in trust for the benefit of the supplier;

(M) Consistently engaging in business practices that are detrimental to the consumer or supplier, including, but not limited to, excessive pricing, misleading advertising or failing to provide service and replacement parts or to perform warranty obligations;

(N) Inadequately representing the supplier, causing lack of performance in sales, service or warranty areas, and failing to achieve satisfactory market penetration at levels that are consistent with similarly situated retailers based on available documented information;

(O) Consistently failing to meet building and housekeeping requirements; or

(P) Consistently failing to comply with the licensing laws that apply to the supplier’s products and services.

(b) “Similarly situated retailer” means a retailer that:

(A) Is in a similar geographic area;

(B) Has similar sales volumes; and

(C) Is in a similar market for farm implements, machinery and repair parts.

(2) Intentionally left blank —Ed.

(a) A supplier that has a basis for asserting good cause may, directly or through an officer, agent or employee, terminate, cancel or not renew a retailer agreement or may cause a change in competitive circumstances for a retailer. Except as provided in subsections (3) and (4) of this section, a termination, cancellation, nonrenewal or change in competitive circumstances becomes effective upon notice to the retailer. The notice must state the reasons that constitute good cause for the termination, cancellation, nonrenewal or change in competitive circumstances.

(b) A provision or allowance in a retailer agreement for an event, act or omission may be considered but does not control whether the event, act or omission resulted in a change in competitive circumstances.

(3) Intentionally left blank —Ed.

(a) If a supplier’s basis for asserting good cause is a retailer’s failure under subsection (1)(a)(A) of this section, other than a failure to meet marketing criteria, the supplier shall give the retailer 90 calendar days’ written notice of the supplier’s intent to terminate, cancel or not renew the retailer agreement or to cause a change in competitive circumstances for the retailer.

(b) The notice described in paragraph (a) of this subsection must:

(A) State the supplier’s reasons for terminating, canceling or not renewing the retailer agreement or for causing a change in competitive circumstances for the retailer; and

(B) Provide that the retailer has 60 calendar days in which to cure a claimed deficiency.

(c) If the retailer cures the deficiency within 60 calendar days, the notice is void.

(d) If the retailer fails to cure the deficiency within 60 calendar days, the termination, cancellation, nonrenewal or change in competitive circumstances becomes effective on the date specified in the notice.

(4) Intentionally left blank —Ed.

(a) If a supplier’s basis for asserting good cause is a retailer’s failure to meet marketing criteria under subsection (1)(a)(A) of this section or a provision of subsection (1)(a)(N) of this section, the supplier shall give the retailer 18 months’ written notice of the supplier’s intent to terminate, cancel or not renew the retailer agreement or to cause a change in competitive circumstances for the retailer.

(b) The notice described in paragraph (a) of this subsection must:

(A) State the supplier’s reasons for terminating, canceling or not renewing the retailer agreement or for causing a change in competitive circumstances for the retailer; and

(B) Provide that the retailer has one year in which to cure a claimed deficiency.

(c) If the retailer cures the claimed deficiency within one year, the notice is void.

(d) If the retailer fails to cure the claimed deficiency within one year, the termination, cancellation, nonrenewal or change in competitive circumstances becomes effective on the date specified in the notice. [Formerly 646.449; 2015 c.563 §2]

Source: Section 646A.312 — Termination, cancellation or nonrenewal of retailer agreement; notice; good cause , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.740 — OR Code / Title 50 / Chapter 646 / Section 646.740
646.740 Permitted activities
Status: in_force

The provisions of ORS 136.617 (Motion to compel witness who may be incriminated to testify) , 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties) may not be construed to make the following illegal:

(1) The activities of any labor organization or individual working men and women permitted by ORS chapters 661 to 663.

(2) The right of producers, as defined in ORS 646.515 (Definitions for ORS 646.515 to 646.545) , and commercial fishermen to join, belong to and act through cooperative bargaining associations under ORS 646.515 (Definitions for ORS 646.515 to 646.545) to 646.545 (Remedy for unfair trade practices) . For the purpose of this subsection, activities of cooperative bargaining associations and their members that are lawful under 15 U.S.C. 521 and 522 or 7 U.S.C. 291 and 292 are lawful under ORS 646.515 (Definitions for ORS 646.515 to 646.545) to 646.545 (Remedy for unfair trade practices) .

(3) The activities of any person subject to regulation by the Public Utility Commission under ORS chapters 756 to 759 to the extent that such activities are so regulated and are lawful thereunder or the activities of any person conducted or carried out in accordance with any agreement or procedure approved as provided in 49 U.S.C. 5b or 5c.

(4) The activities of any person subject to regulation by the Director of the Department of Consumer and Business Services under ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 743A, 743B, 744, 746, 748 and 750 to the extent that such activities are so regulated and are lawful thereunder.

(5) The activities of any person subject to regulation by the Oregon Health Authority under ORS chapter 741 to the extent that such activities are so regulated and are lawful thereunder.

(6) The activities of any state or national banking institution or savings and loan association, and of any other lending institution, to the extent that such activities are regulated by the Director of the Department of Consumer and Business Services under ORS chapters 706 to 725 and are lawful thereunder.

(7) Any other activity specifically authorized under state law or local ordinance.

(8) The activities of any metropolitan service district formed under ORS chapter 268 and the activities of any person subject to regulation by a metropolitan service district formed under ORS chapter 268 to the extent that those activities are so regulated and are lawful thereunder.

(9) The activities of any person conducted or carried out in accordance with the terms and conditions of a certificate issued pursuant to 15 U.S.C. 4001 to 4021.

(10) The activities of a health care provider authorized by and in accordance with ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) to the extent the activities are regulated and lawful under ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) .

(11) The negotiating activities of a dealer in agricultural commodities that are carried out and supervised under ORS 646.737 (Exemption for negotiations governing sale price of Oregon blackberries) or 646.738 (Exemption for negotiations governing price for sale of grass seed) .

(12) The negotiating activities of a dealer in Oregon seafood commodities that are carried out and supervised under ORS 646.739 (Exemption for negotiations governing season starting price for sale of Oregon seafood) . [1975 c.255 §6; 1977 c.545 §1; 1979 c.531 §7; 1983 c.200 §19; 1985 c.762 §185; 1987 c.373 §29; 1987 c.447 §136; 1993 c.769 §15; 1995 c.733 §75; 1997 c.296 §2; 2001 c.142 §6; 2003 c.487 §6; 2009 c.241 §5; 2023 c.9 §47]

Source: Section 646.740 — Permitted activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.164 — OR Code / Title 50 / Chapter 646a / Section 646a.164
646A.164 Complaints and investigations confidential
Status: in_force

(1) Except as provided in subsection (3) of this section, a complaint made to the director against any person regulated by ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) , and the record thereof, shall be confidential, and shall not be disclosed or available for public inspection or review. No such complaint, or the record thereof, shall be used in any action, suit or proceeding except to the extent it is essential to the prosecution of apparent violations of ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) .

(2) Except as provided in subsection (3) of this section, data gathered pursuant to any investigation by the director shall be confidential, and shall not be disclosed or available for public inspection or review. The data shall not be used in any action, suit or proceeding except to the extent it is essential in the investigation or prosecution of apparent violations of ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) .

(3) Notwithstanding subsections (1) and (2) of this section, the director may disclose any complaint and any data gathered pursuant to ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) to any state, federal or local enforcement agency. The recipient agency may use the complaint and data for any official purpose, including the civil enforcement of laws subject to the agency jurisdiction. [Formerly 646.277]

Source: Section 646A.164 — Complaints and investigations confidential; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.305 — OR Code / Title 50 / Chapter 645 / Section 645.305
645.305 Jurisdiction of courts
Status: in_force

The courts of this state shall have jurisdiction over any person, including a nonresident of this state, who engages in any act or practice constituting a violation of any provision of this chapter or any rule or order of the director. [1987 c.148 §18]

Source: Section 645.305 — Jurisdiction of courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 647.055 — OR Code / Title 50 / Chapter 647 / Section 647.055
647.055 Period of registration
Status: in_force

(1) Registration of a mark under this chapter is effective for a term of five years from the date of registration and may be renewed for successive five-year terms. The Secretary of State shall renew the registration if the registrant:

(a) Submits an application for renewal, verified as provided in ORS 647.015 (Application for registration) (3), within 180 days before the term of registration expires;

(b) Includes with the application a statement, verified as provided in ORS 647.015 (Application for registration) (3), that the mark has been in use and is still in use; and

(c) Includes with the application a specimen showing actual use of the mark.

(2) A registration that is effective on June 23, 2009, shall remain in effect for the remainder of the term of registration. The registration may be renewed as provided in subsection (1) of this section.

(3) The Secretary of State, before the term of registration expires, shall notify the registrant in writing at the mailing address shown for the registrant in the current records of the Secretary of State that the registrant must renew the registration. [1961 c.497 §§5,7; 1965 c.511 §6; 1971 c.318 §5; 1981 c.633 §72; 1985 c.728 §86a; 1989 c.931 §2; 1991 c.132 §21; 2009 c.459 §10]

Source: Section 647.055 — Period of registration; renewal; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.292 — OR Code / Title 50 / Chapter 646a / Section 646a.292
646A.292 Legislative intent
Status: in_force

It is the intent of the Legislative Assembly to end the practice of ongoing charging of consumer credit or debit cards or third party payment accounts without the consumers’ explicit consent for ongoing shipments of a product or ongoing deliveries of service. [2011 c.509 §1]

Source: Section 646A.292 — Legislative intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.574 — OR Code / Title 50 / Chapter 646a / Section 646a.574
646A.574 Consumer requests for personal data
Status: in_force

(1) Subject to ORS 646A.576 (Method for requesting personal data) , a consumer may:

(a) Obtain from a controller:

(A) Confirmation as to whether the controller is processing or has processed the consumer’s personal data and the categories of personal data the controller is processing or has processed;

(B) At the controller’s option, a list of specific third parties, other than natural persons, to which the controller has disclosed:

(i) The consumer’s personal data; or

(ii) Any personal data; and

(C) A copy of all of the consumer’s personal data that the controller has processed or is processing;

(b) Require a controller to correct inaccuracies in personal data about the consumer, taking into account the nature of the personal data and the controller’s purpose for processing the personal data;

(c) Require a controller to delete personal data about the consumer, including personal data the consumer provided to the controller, personal data the controller obtained from another source and derived data; or

(d) Opt out from a controller’s processing of personal data of the consumer that the controller processes for any of the following purposes:

(A) Targeted advertising;

(B) Selling the personal data; or

(C) Profiling the consumer in furtherance of decisions that produce legal effects or effects of similar significance.

(2) A controller that provides a copy of personal data to a consumer under subsection (1)(a)(C) of this section shall provide the personal data in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the personal data to another person without hindrance.

(3) This section does not require a controller to disclose the controller’s trade secrets, as defined in ORS 646.461 (Definitions for ORS 646.461 to 646.475) . [2023 c.369 §3]

Note: 646A.574 (Consumer requests for personal data) becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.

Source: Section 646A.574 — Consumer requests for personal data; requirement to correct inaccuracies; requirement to delete personal data; conditions under which consumer may opt out of personal data processing; format for providing copy of personal data to consumer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.561 — OR Code / Title 50 / Chapter 646 / Section 646.561
646.561 Definitions for ORS 646.561 to 646.565
Status: in_force

As used in ORS 646.561 (Definitions for ORS 646.561 to 646.565) to 646.565 (Notice of provisions of ORS 646.561 and 646.563) , unless the context otherwise requires:

(1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801 (Definitions for ORS 128.801 to 128.898) .

(2) “Party” means a telephone customer of a telecommunications company.

(3) “Telephone solicitation” means the solicitation by telephone by any person of a party for the purpose of encouraging the party to purchase real estate, goods or services, or make a donation. “Telephone solicitation” does not include:

(a) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have made a donation or expressed an interest in making a donation to the organization or agency;

(b) Calls limited to polling or soliciting the expression of ideas, opinions or votes; or

(c) Business to business contacts. [1989 c.622 §8; 2007 c.441 §3]

Source: Section 646.561 — Definitions for ORS 646.561 to 646.565 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 645.010 — OR Code / Title 50 / Chapter 645 / Section 645.010
645.010 Commodity contract or option transactions prohibited
Status: in_force

Except as otherwise provided in ORS 645.015 (Persons exempt from prohibition) or 645.020 (Transactions exempt from prohibition) :

(1) No person shall sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or any commodity option.

(2) No person shall participate or materially aid another person to commit an act or otherwise engage in a transaction prohibited by subsection (1) of this section. [1987 c.148 §4; 1989 c.179 §2]

Source: Section 645.010 — Commodity contract or option transactions prohibited; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646a.376 — OR Code / Title 50 / Chapter 646a / Section 646a.376
646A.376 Enforcement
Status: in_force

Violation of ORS 646A.372 (Limits on usage of automatic dialing and announcing device) or 646A.374 (Prohibited actions) is an unlawful trade practice that is subject to investigation under ORS 646.618 (Investigative demand) and is subject to enforcement under ORS 646.632 (Enjoining unlawful trade practices) . Notwithstanding the provisions of ORS 646.642 (Civil penalties) , a civil penalty imposed for a violation of ORS 646A.372 (Limits on usage of automatic dialing and announcing device) or 646A.374 (Prohibited actions) may not exceed $5,000. [2007 c.823 §4; 2015 c.561 §3]

Source: Section 646A.376 — Enforcement; civil penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.310 — OR Code / Title 50 / Chapter 645 / Section 645.310
645.310 Construction of chapter
Status: in_force

This chapter may be construed and implemented to effectuate its general purpose to protect investors and speculators, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states’ law and the administration and enforcement thereof. [1987 c.148 §2]

Source: Section 645.310 — Construction of chapter; purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646a.038 — OR Code / Title 50 / Chapter 646a / Section 646a.038
646A.038 Moneys paid prior to facility opening
Status: in_force

(1) All moneys paid to a health spa by a buyer prior to the opening of the facility shall promptly be deposited by the health spa in a trust account, maintained by the health spa for the purpose of holding such moneys for the buyer, in a bank, savings and loan association, mutual savings bank or licensed escrow agent located in Oregon.

(2) The health spa shall within seven days of the first deposit notify the office of the Attorney General, in writing, of the name, address and location of the depository and any subsequent change thereof.

(3) The health spa shall provide the buyer with a written receipt for the moneys and shall provide written notice of the name, address and location of the depository and any subsequent change thereof.

(4) If prior to the opening of the facility the status of the health spa is transferred to another, any sums in the trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor, and the successor shall promptly notify the buyer and the office of the Attorney General of the transfer and of the name, address and location of the new depository.

(5) The buyer’s claim to any moneys under this section is prior to that of any creditor of the health spa, including a trustee in bankruptcy or receiver, even if such moneys are commingled.

(6) After the health spa receives a notice of cancellation of the agreement or if the health spa fails to open a facility at the stated date of completion the health spa shall within 10 days give a full refund to the buyer, including the buyer’s pro rata share of any interest earned thereon.

(7) All sums received by a health spa in excess of the health spa’s normal monthly dues shall be placed in escrow subject to the terms and provisions stated in this section in the event that the health spa is not fully operational or in the event that the health spa is promising future construction or improvements. [Formerly 646.681]

Source: Section 646A.038 — Moneys paid prior to facility opening; disposition; priority of claim; refund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.715 — OR Code / Title 50 / Chapter 646 / Section 646.715
646.715 Declaration of purpose
Status: in_force

(1) The Legislative Assembly deems it to be necessary and the purpose of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties) is to encourage free and open competition in the interest of the general welfare and economy of the state, by preventing monopolistic and unfair practices, combination and conspiracies in restraint of trade and commerce, and for that purpose to provide means to enjoin such practices and provide remedies for those injured by them.

(2) Without limiting the scope of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties) , it is the legislative purpose that it apply to intrastate trade or commerce, and to interstate trade or commerce involving an actual or threatened injury to a person or property located in this state. The decisions of federal courts in construction of federal law relating to the same subject shall be persuasive authority in the construction of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.805 (Effect of prior final judgment or decree) and 646.990 (Penalties) . [1975 c.255 §3; 2001 c.415 §1]

Source: Section 646.715 — Declaration of purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.075 — OR Code / Title 50 / Chapter 646a / Section 646a.075
646A.075 Prohibition on retail pet store sales of dogs and cats
Status: in_force

(1) As used in this section:

(a) “Animal rescue entity” has the meaning given that term in ORS 609.415 (Animal rescue entities) .

(b) “Cat” means a member of the species Felis catus.

(c) “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.

(d) “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.

(e) Intentionally left blank —Ed.

(A) “Retail pet store” means a retail establishment open to the public, either by appointment or during regular business hours, that sells or offers to sell pet animals or food, supplies or accessories for pet animals.

(B) “Retail pet store” does not include:

(i) An animal rescue entity; or

(ii) A person that sells or offers to sell only dogs or cats that the person:

(I) Breeds or raises; or

(II) Keeps primarily for the purpose of reproduction.

(f) “Sell” means to exchange or offer to exchange for valuable consideration.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a retail pet store may not sell or offer to sell a dog or cat.

(b) If a retail pet store sold or offered to sell dogs or cats before September 24, 2023, the retail pet store may continue to sell or offer to sell dogs or cats after September 24, 2023, if the retail pet store:

(A) Makes the offer to sell or conducts the sale at the physical address at which the retail pet store last sold a dog or cat before September 24, 2023; and

(B) Did not have a change of ownership in the period between September 24, 2023, and any date on which the retail pet store sells a dog or cat after September 24, 2023.

(3) A retail pet store that offers a dog for sale shall, prior to accepting an offer to purchase the dog, provide the person making the offer with the following information, in writing, regarding the dog:

(a) If known, the breed, age and date of birth for the dog.

(b) The sex and color of the dog.

(c) A list, and accompanying proof, of all inoculations that have been given to the dog by any person, and the date of those inoculations.

(d) A list of all medical treatment provided to the dog by any person, the date or treatment and the reasons for the treatment.

(e) The name and business address of the breeder and of the facility where the dog was born.

(f) If the breeder holds a license issued by the United States Department of Agriculture, the breeder’s federal number.

(g) The retail price of the dog.

(h) Any congenital disorder or hereditary diseases in the parents of the dog known to the retail pet store.

(i) If the dog is being sold with the representation that the dog qualifies for registration with a pedigree organization:

(A) The name and registration numbers of the parents of the dog; and

(B) The name and address of the pedigree organization with which the parents of the dog are registered.

(j) If the dog has previously been sold by the retail pet store and returned by the purchaser, the reason for the return.

(k) A statement in substantially the following form, with the applicable provision number circled:

The facility in which this dog was born has produced:

1. 0 to 2 litters during the one-year period preceding the day this dog was born.

2. 3 to 10 litters during the one-year period preceding the day this dog was born.

3. 11 to 39 litters during the one-year period preceding the day this dog was born.

4. 40 or more litters during the one-year period preceding the day this dog was born.

(4) A retail pet store that violates this section is liable for a civil penalty in an amount that does not exceed $500 for each violation. The district attorney for the county in which the violation occurs may bring an action in the circuit court for the county to recover the civil penalty set forth in this subsection.

(5) This section does not:

(a) Preempt a local government from enacting an ordinance, rule or resolution, or from taking other legislative action, that imposes requirements or prohibitions that are more stringent than the requirements and prohibitions set forth in this section; or

(b) Prohibit a retail pet store from cooperating with an animal rescue entity to display on the premises of the retail pet store pet animals that the animal rescue entity offers for adoption if:

(A) The retail pet store does not have an ownership interest in any pet animal displayed or offered for adoption on the retail pet store’s premises; and

(B) The retail pet store does not receive compensation for the use of the retail pet store’s premises for the purpose described in this paragraph. [2009 c.297 §5; 2023 c.420 §1]

Note: The amendments to 646A.075 (Prohibition on retail pet store sales of dogs and cats) by section 2, chapter 420, Oregon Laws 2023, become operative September 1, 2028. See section 3, chapter 420, Oregon Laws 2023. The text that is operative on and after September 1, 2028, is set forth for the user’s convenience.

646A.075 (Prohibition on retail pet store sales of dogs and cats) . (1) As used in this section:

(a) “Animal rescue entity” has the meaning given that term in ORS 609.415 (Animal rescue entities) .

(b) “Cat” means a member of the species Felis catus.

(c) “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.

(d) Intentionally left blank —Ed.

(A) “Retail pet store” means a retail establishment open to the public, either by appointment or during regular business hours, that sells or offers to sell pet animals or food, supplies or accessories for pet animals.

(B) “Retail pet store” does not include:

(i) An animal rescue entity; or

(ii) A person that sells or offers to sell only dogs or cats that the person:

(I) Breeds or raises; or

(II) Keeps primarily for the purpose of reproduction.

(e) “Sell” means to exchange or offer to exchange for valuable consideration.

(2) A retail pet store may not sell or offer to sell a dog or cat.

(3) A retail pet store that violates this section is liable for a civil penalty in an amount that does not exceed $500 for each violation. The district attorney for the county in which the violation occurs may bring an action in the circuit court for the county to recover the civil penalty set forth in this subsection.

(4) This section does not:

(a) Preempt a local government from enacting an ordinance, rule or resolution, or from taking other legislative action, that imposes requirements or prohibitions that are more stringent than the requirements and prohibitions set forth in this section; or

(b) Prohibit a retail pet store from cooperating with an animal rescue entity to display on the premises of the retail pet store pet animals that the animal rescue entity offers for adoption if:

(A) The retail pet store does not have an ownership interest in any pet animal displayed or offered for adoption on the retail pet store’s premises; and

(B) The retail pet store does not receive compensation for the use of the retail pet store’s premises for the purpose described in this paragraph.

Source: Section 646A.075 — Prohibition on retail pet store sales of dogs and cats; exceptions; information required in connection with permitted sale of dog; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.470 — OR Code / Title 50 / Chapter 650 / Section 650.470
650.470 Remedies
Status: in_force

(1) A dealer injured by a grantor’s violation of ORS 650.320 (Dealership agreement) , 650.330 (Comparable terms and conditions) , 650.340 (Termination, cancellation or failure to renew) , 650.350 (Dealer’s rights upon termination, cancellation or failure to renew) , 650.360 (Coercion prohibited) , 650.370 (Transfer by dealer) , 650.380 (Dealer’s successor) , 650.400 (Recalls) , 650.420 (Required disclosures) , 650.430 (Damaged or defective vehicles) , 650.440 (Grantor’s ownership, operation or control of dealership) or 650.450 (Indemnification) may bring a civil action against the grantor to recover the dealer’s actual damages.

(2) A grantor injured by a dealer’s violation of ORS 650.370 (Transfer by dealer) , 650.410 (Dealer’s warranty obligations) , 650.420 (Required disclosures) or 650.450 (Indemnification) may bring a civil action against the dealer to recover the grantor’s actual damages.

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

(4) In an action between a grantor and a dealer, the grantor bears the burden of proving:

(a) Good cause for the grantor’s act; and

(b) The unsuitability of a dealer’s designated successor or proposed transferee. [2003 c.377 §18]

Source: Section 650.470 — Remedies; grantor and dealer; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.162 — OR Code / Title 50 / Chapter 646a / Section 646a.162
646A.162 Investigation of violations
Status: in_force

(1) The Director of the Department of Consumer and Business Services may, upon a reasonable belief that a violation of ORS 646A.154 (Service contract defined) , 646A.156 (Required contents of service contracts) or 646A.158 (Prohibited conduct) has occurred, make necessary public and private investigations within or without this state to determine whether any person has violated those provisions.

(2) In connection with any investigation conducted pursuant to subsection (1) of this section, a service contract seller or obligor, upon written request of the director, shall make available to the director its service contract records for inspection and copying. The records that must be made available in accordance with this section shall be only those records necessary to enable the director to reasonably determine compliance with ORS 646A.154 (Service contract defined) , 646A.156 (Required contents of service contracts) and 646A.158 (Prohibited conduct) .

(3) For the purpose of an investigation or proceeding under subsection (1) of this section, the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that are relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2).

(4) If a person fails to comply with a subpoena issued under subsection (3) of this section, or a party or witness refuses to testify on any matters, the judge of the circuit court for any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

(5) The director may, upon a reasonable belief that a person is or is about to be in violation of ORS 646A.154 (Service contract defined) , 646A.156 (Required contents of service contracts) or 646A.158 (Prohibited conduct) , issue an order, directed to the person, to discontinue or desist from the violation or threatened violation. The copy of the order forwarded to the person involved shall set forth a statement of the specific charges and the fact that the person may request a hearing within 20 days of the date of mailing. Where a hearing is requested, the director shall set a date for the hearing to be held within 30 days after receipt of the request, and shall give the person involved written notice of the hearing date at least seven days prior thereto. The person requesting the hearing must establish to the satisfaction of the director that the order should not be complied with. The order shall become final 20 days after the date of mailing unless within the 20-day period the person to whom it is directed files with the director a written request for a hearing. To the extent applicable and not inconsistent with the foregoing, the provisions of ORS chapter 183 shall govern the hearing procedure and any judicial review thereof. Where the hearing has been requested, the director’s order shall become final at such time as the right to further hearing or review has expired or been exhausted.

(6) A person who is found to have violated ORS 646A.154 (Service contract defined) , 646A.156 (Required contents of service contracts) or 646A.158 (Prohibited conduct) may be ordered to pay to the General Fund a civil penalty in an amount determined by the director of not more than:

(a) $2,000 for the first violation.

(b) $5,000 for the second violation.

(c) $10,000 for any subsequent violation.

(7) For purposes of this section, a violation consists of a single course of conduct which is determined by the director to be untrue or misleading. [Formerly 646.275]

Source: Section 646A.162 — Investigation of violations; inspection of records; subpoenas; discontinue or desist order; civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.586 — OR Code / Title 50 / Chapter 646a / Section 646a.586
646A.586 Data protection assessment for processing activities with heightened risk of harm
Status: in_force

(1) Intentionally left blank —Ed.

(a) A controller shall conduct and document a data protection assessment for each of the controller’s processing activities that presents a heightened risk of harm to a consumer.

(b) Processing activities that present a heightened risk of harm to a consumer include:

(A) Processing personal data for the purpose of targeted advertising;

(B) Processing sensitive data;

(C) Selling personal data; and

(D) Using the personal data for purposes of profiling, if the profiling presents a reasonably foreseeable risk of:

(i) Unfair or deceptive treatment of, or unlawful disparate impact on, consumers;

(ii) Financial, physical or reputational injury to consumers;

(iii) Physical or other types of intrusion upon a consumer’s solitude, seclusion or private affairs or concerns, if the intrusion would be offensive to a reasonable person; or

(iv) Other substantial injury to consumers.

(c) A single data protection assessment may address a comparable set of processing operations that present a similar heightened risk of harm.

(2) A data protection assessment shall identify and weigh how processing personal data may directly or indirectly benefit the controller, the consumer, other stakeholders and the public against potential risks to the consumer, taking into account how safeguards the controller employs can mitigate the risks. In conducting the assessment, the controller shall consider how deidentified data might reduce risks, the reasonable expectations of consumers, the context in which the data is processed and the relationship between the controller and the consumers whose personal data the controller will process.

(3) The Attorney General may require a controller to provide to the Attorney General any data protection assessments the controller has conducted if the data protection assessment is relevant to an investigation the Attorney General conducts under ORS 646A.589 (Investigative demand by Attorney General) . The Attorney General may evaluate a data protection assessment for the controller’s compliance with the requirements of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) . If a data protection assessment the Attorney General obtains under this subsection includes information that is subject to attorney-client privilege or is work product that is subject to a privilege, the controller’s provision of the data protection assessment does not waive the privilege.

(4) A data protection assessment that a controller conducts to comply with another applicable law or regulation satisfies the requirements of this section if the data protection assessment is reasonably similar in scope and effect to a data protection assessment conducted under this section.

(5) Requirements that apply to a data protection assessment under this section apply only to processing activities that occur on and after July 1, 2024, and are not retroactive.

(6) A controller shall retain for at least five years all data protection assessments the controller conducts under this section.

(7) A data protection assessment is confidential and is not subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [2023 c.369 §8]

Note: 646A.586 (Data protection assessment for processing activities with heightened risk of harm) becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.

Source: Section 646A.586 — Data protection assessment for processing activities with heightened risk of harm; criteria for conducting data protection assessment; provision to Attorney General; retention of records; confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.951 — OR Code / Title 50 / Chapter 646 / Section 646.951
646.951 Testing of motor vehicle fuel
Status: in_force

(1) The Director of Agriculture may test motor vehicle fuel for the purpose of inspecting the motor vehicle fuel supply of any service station, business or other establishment that sells or offers for sale, or distributes, transports, hauls, delivers or stores motor vehicle fuel that is subsequently sold or offered for sale, for compliance with the motor vehicle fuel quality standards adopted pursuant to ORS 646.957 (Rules) .

(2) The director or the director’s authorized agent shall have access during normal business hours to all places where motor vehicle fuel is sold to or by a retail dealer, nonretail dealer or wholesale dealer for the purpose of examination, inspection and investigation of the establishment’s motor vehicle fuel supply, shall collect or cause to be collected samples of the motor vehicle fuel and shall test or analyze the samples for compliance with motor vehicle fuel quality standards adopted pursuant to ORS 646.957 (Rules) .

(3) Before taking any enforcement action under ORS 646.953 (Orders of Director of Agriculture) or 646.963 (Civil penalties) , the director shall cause motor vehicle fuel samples to be tested in accordance with standards, reproducibility limits and procedures that are, in the director’s judgment, consistent with ASTM International standards and procedures.

(4) The director or the director’s authorized agent shall notify the owner or person in charge of the facility of the sample collection as soon as is practicable after a sample is taken. The volume of the sample taken for testing must be adequate for the tests to be performed and to allow for a portion of the sample to be retained for subsequent testing, if the need arises. A sample with a test result that is outside the test reproducibility limits, when compared to the applicable limits, shall be properly stored to preserve the sample for at least 90 days. [1997 c.310 §4; 2013 c.1 §83]

Source: Section 646.951 — Testing of motor vehicle fuel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.170 — OR Code / Title 50 / Chapter 646a / Section 646a.170
646A.170 Remedies not exclusive
Status: in_force

The application of any remedy under any provision of ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) shall not preclude the application of any other remedy under ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) or any other provision of law. The application of any remedy under any provision of law shall not preclude the application of any remedy under ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) . [Formerly 646.283]

Source: Section 646A.170 — Remedies not exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.610 — OR Code / Title 50 / Chapter 646a / Section 646a.610
646A.610 Fees not permitted
Status: in_force

A consumer reporting agency may not charge a consumer a fee or collect from a consumer any money or item of value for:

(1) Placing, temporarily lifting or removing a security freeze on the consumer’s consumer report.

(2) Creating or deleting a protective record.

(3) Placing or removing a security freeze on a protective record for a protected consumer.

(4) Replacing a lost personal identification number, password or similar device the consumer reporting agency previously provided to the consumer. [2007 c.759 §6; 2013 c.415 §4; 2018 c.10 §5]

Source: Section 646A.610 — Fees not permitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.945 — OR Code / Title 50 / Chapter 646 / Section 646.945
646.945 Definitions for ORS 646.947 to 646.963
Status: in_force

As used in ORS 646.947 (Prohibited activities) to 646.963 (Civil penalties) :

(1) “Bulk facility” means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which motor vehicle fuels are withdrawn from bulk and delivered to retail, wholesale or nonretail facilities or into a cargo tank or barge used to transport those products.

(2) “Dealer” means any motor vehicle fuel retail dealer, nonretail dealer or wholesale dealer.

(3) “Director” means the Director of Agriculture.

(4) “Motor vehicle fuel” means gasoline, diesel or any other liquid product used for the generation of power in an internal combustion engine, except aviation jet fuels, liquefied petroleum or natural gases.

(5) “Nonretail dealer” means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card- or key-activated fuel dispensing device to nonretail customers.

(6) “Octane rating” means the rating of the anti-knock characteristics of a grade or type of gasoline determined by dividing by two the sum of the research octane number and the motor octane number.

(7) “Octane rating certification documentation” means an invoice, bill of lading, delivery ticket, letter or other documentation that specifies the actual octane rating or a rounded rating that is the largest whole number or half of a number that is less than or equal to the number determined by or certified to the person transferring the gasoline.

(8) “Retail dealer” means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is sold or offered for sale to the public.

(9) “Wholesale dealer” means any person who sells motor vehicle fuel if the seller knows or has reasonable cause to believe that the buyer intends to resell the motor vehicle fuel in the same or an altered form to a retail dealer, a nonretail dealer or another wholesale dealer.

(10) “Withdrawn from bulk” means removed from a bulk facility for delivery directly into a cargo tank or a barge to be transported to a location other than another bulk facility for use or sale in this state. [1997 c.310 §1]

Source: Section 646.945 — Definitions for ORS 646.947 to 646.963 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.278 — OR Code / Title 50 / Chapter 646a / Section 646a.278
646A.278 Requirements for sale of gift card that expires
Status: in_force

A person may sell a gift card that has an expiration date if:

(1) The gift card bears, in at least 10-point type, the words “EXPIRES ON” or “EXPIRATION DATE” followed by the date on which the card expires;

(2) The person sells the gift card at a cost below the face value of the card; and

(3) The gift card does not expire until at least 30 days after the date of sale. [2007 c.772 §3]

Source: Section 646A.278 — Requirements for sale of gift card that expires , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.745 — OR Code / Title 50 / Chapter 646a / Section 646a.745
646A.745 Required and prohibited acts
Status: in_force

(1) An equity purchaser shall:

(a) Prior to an equity seller signing an equity conveyance contract:

(A) Verify and be able to demonstrate that the equity seller has or will have a reasonable ability to pay for the subsequent reconveyance of the residential real property interest back to the equity seller as provided under the equity conveyance contract; or

(B) If the equity conveyance contract provides for a lease with an option to repurchase the residential real property, verify and be able to demonstrate that the equity seller has or will have a reasonable ability to make the lease payments and repurchase the property within the term of the option to repurchase.

(b) Arrange for the equity seller and the settlement agent to complete a settlement conference before the equity seller transfers any interest under the equity conveyance contract.

(c) Comply with the requirements of the federal Home Ownership and Equity Protection Act (15 U.S.C. 1639) and its implementing regulations for any equity conveyance in which the equity seller obtains a vendee interest in a contract for deed.

(d) Ensure that title to, or other interest in, the residential real property is timely reconveyed to the equity seller as provided under the terms of the equity conveyance contract.

(e) If a residential real property is resold within 24 months after the equity seller enters into an equity conveyance contract, pay the equity seller cash or consideration in an amount equal to at least 82 percent of the equity recapture payment from the resale no later than 15 days after the receipt of cash or consideration from or on behalf of the purchasers of the property.

(f) Timely record the memorandum of agreement required by ORS 646A.750 (Rebuttable presumptions) .

(2) An equity purchaser may not:

(a) As part of an equity conveyance contract, enter into repurchase or lease terms that are commercially unreasonable or unfair to an equity seller, or engage in any other unfair conduct.

(b) Represent, directly or indirectly, that the equity purchaser is acting as a financial adviser or foreclosure consultant to the equity seller or otherwise is acting on behalf of the equity seller.

(c) Make a false representation regarding the equity purchaser’s possession of professional credentials that indicate knowledge or expertise regarding real property transactions.

(d) Represent, directly or indirectly, that the equity purchaser is assisting the equity seller in preventing a foreclosure, if the equity conveyance contract does not provide for the equity seller to completely redeem the residential real property and regain title.

(e) Directly or by implication make a statement or engage in conduct that is false, deceptive, misleading or likely to cause confusion or misunderstanding regarding an equity conveyance, including but not limited to a statement or conduct with regard to:

(A) The value of a residence in foreclosure;

(B) The amount of proceeds the equity seller would receive after a foreclosure sale;

(C) An equity conveyance contract term; or

(D) The equity seller’s rights or obligations incident to or arising out of the equity conveyance.

(f) Before the equity seller’s right to cancel an equity conveyance contract has expired:

(A) Record or cause to be recorded an instrument of conveyance or other document the equity seller signed;

(B) Transfer or purport to transfer any interest in the residential real property to any third party; or

(C) Encumber or purport to encumber any interest in the residential real property with any third party. [2008 c.19 §13]

Source: Section 646A.745 — Required and prohibited acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.132 — OR Code / Title 50 / Chapter 650 / Section 650.132
650.132 Prohibition of coerced sales of extended service contracts, extended maintenance plans or guaranteed asset protection waivers
Status: in_force

(1) Intentionally left blank —Ed.

(a) A manufacturer, distributor or importer may not, through any of the methods described in paragraph (b) of this subsection, directly or indirectly coerce or attempt to coerce a dealer to advertise, promote, offer or sell an extended service contract, an extended maintenance plan, a guaranteed asset protection waiver or other arrangement that pays a purchaser the remaining balance on a note secured by a motor vehicle if the motor vehicle is lost, stolen or damaged beyond repair, or a similar product or service, if the manufacturer, distributor or importer provides, originates, sponsors or endorses the product or service.

(b) Prohibited methods for coercing or attempting to coerce a dealer include, but are not limited to:

(A) Stating to a dealer that the dealer’s failure to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection will substantially and adversely affect the dealer’s business or the dealer’s relationship with the manufacturer, distributor or importer;

(B) Requiring the dealer in a franchise agreement to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection;

(C) Measuring the dealer’s performance in a franchise on the basis of whether, or the extent to which, the dealer advertises, promotes, offers or sells the products or services described in paragraph (a) of this subsection; or

(D) Requiring the dealer to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection to the exclusion of other, similar products or services that a person other than the manufacturer, distributor or importer offers.

(2) The prohibition in subsection (1) of this section does not affect a manufacturer’s, distributor’s or importer’s right or ability to:

(a) Provide incentives to a dealer that voluntarily decides to advertise, promote, offer or sell the products or services described in subsection (1)(a) of this section; or

(b) Require a dealer that sells a product or service that is similar to the products or services described in subsection (1)(a) of this section, but that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse, to notify a customer in writing, and to obtain the customer’s acknowledgment, that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse the product or service. [2015 c.584 §2]

Source: Section 650.132 — Prohibition of coerced sales of extended service contracts, extended maintenance plans or guaranteed asset protection waivers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.820 — OR Code / Title 50 / Chapter 646a / Section 646a.820
646A.820 Definitions
Status: in_force

As used in ORS 646A.820 (Definitions) to 646A.838 (Rules) :

(1) “Customer” means a person that purchases or leases portable electronics.

(2) “Enrolled customer” means a customer that purchases portable electronics insurance coverage from a vendor policyholder.

(3) “Insurer” means an insurer as defined in ORS 731.106 (“Insurer.”) that issues, sells or offers for sale policies of portable electronics insurance to vendor policyholders.

(4) “Limited license” means a license that authorizes a vendor to issue, sell or offer for sale portable electronics insurance coverage.

(5) “Location” means a physical location in this state or a website, call center site or similar electronic or telephonic location where portable electronics may be purchased or leased.

(6) “Person” means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company or any similar entity or combination of entities acting in concert.

(7) “Portable electronics” means an electronics device that is portable and includes accessories and services, including but not limited to wireless services, related to use of the device.

(8) Intentionally left blank —Ed.

(a) “Portable electronics insurance coverage” means insurance that provides coverage for the repair or replacement of portable electronics in the event of loss, theft, inoperability due to mechanical failure, malfunction, damage or need for repair or replacement as a result of some other covered source of peril.

(b) “Portable electronics insurance coverage” does not include:

(A) A service contract as defined in ORS 646A.152 (Definitions for ORS 646A.150 to 646A.172) that is governed by ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) ;

(B) A warranty;

(C) A maintenance agreement as defined in ORS 646A.152 (Definitions for ORS 646A.150 to 646A.172) ; or

(D) A policy of insurance covering the obligations of a vendor or of a portable electronics manufacturer under a warranty.

(9) “Supervising entity” means an insurer as defined in ORS 731.106 (“Insurer.”) , or an insurance producer as defined in ORS 731.104 (“Insurance producer.”) , that may or may not issue, sell or offer for sale policies of portable electronics insurance to vendor policyholders.

(10) “Vendor” means a person engaged in the business of selling or leasing or offering for sale or lease portable electronics.

(11) “Vendor policyholder” means a vendor that holds a limited license under ORS 646A.823 (Limited license required) and that has been issued a policy by an insurer or a supervising entity pursuant to which the vendor may issue, sell or offer for sale portable electronics insurance coverage to customers. [Formerly 646A.575]

Source: Section 646A.820 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.282 — OR Code / Title 50 / Chapter 646a / Section 646a.282
646A.282 Simulated invoices prohibited
Status: in_force

It is unlawful for any person to utter a simulated invoice if:

(1) A reasonable recipient could, under all the circumstances of its receipt, mistake the simulated invoice for an invoice; or

(2) The person knows or reasonably should know that a recipient could mistake the simulated invoice for an invoice. [Formerly 646.293]

Source: Section 646A.282 — Simulated invoices prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.760 — OR Code / Title 50 / Chapter 646a / Section 646a.760
646A.760 Civil action for damages
Status: in_force

(1) As used in this section, “equity seller” has the meaning given that term in ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) .

(2) In addition to any action by the Attorney General under ORS 646.607 (Unlawful business, trade practices) or any other cause of action, an equity seller may bring an action for damages incurred by the equity seller resulting from a violation of ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) .

(3) If a court finds that a defendant in an action under this section committed a violation of ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) knowingly, in addition to any award of damages for other violations of ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) , the court shall award the equity seller three times the amount of the actual damages sustained by the equity seller as a result of the knowing violation.

(4) The court may award an equity seller prevailing in an action under this section reasonable attorney fees, costs and expenses. If a court finds that an equity seller brought an action under this section in bad faith or solely for purposes of harassment, the court may award a prevailing defendant reasonable attorney fees.

(5) An action under this section must be commenced within six years. [2008 c.19 §17]

Source: Section 646A.760 — Civil action for damages; attorney fees and costs; limitation on commencement of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.535 — OR Code / Title 50 / Chapter 646a / Section 646a.535
646A.535 Assistance of Attorney General in obtaining recall notices
Status: in_force

The Attorney General shall assist retailers in obtaining information the retailers may need to subscribe to or arrange to receive recall notices issued by the United States Consumer Product Safety Commission for children’s products. The assistance shall include, but is not limited to, providing links from the Attorney General’s website to a website maintained by or in cooperation with the Consumer Product Safety Commission for the purpose of disseminating product recall notices. [2008 c.31 §3]

Source: Section 646A.535 — Assistance of Attorney General in obtaining recall notices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.953 — OR Code / Title 50 / Chapter 646 / Section 646.953
646.953 Orders of Director of Agriculture
Status: in_force

(1) The Director of Agriculture may issue a stop-use order, hold order or removal order for any motor vehicle fuel offered or exposed for sale, or in the process of delivery or susceptible to commercial use, that is found to be not in compliance with the motor vehicle fuel quality standards adopted pursuant to ORS 646.957 (Rules) . The director may rescind the stop-use order, hold order or removal order if the fuel is brought into full compliance with motor vehicle fuel quality standards.

(2) No person shall use, remove from the premises specified or fail to remove from the premises specified any motor vehicle fuel in a manner contrary to the terms of a stop-use order, hold order or removal order issued under authority of this section. [1997 c.310 §5]

Source: Section 646.953 — Orders of Director of Agriculture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.612 — OR Code / Title 50 / Chapter 646 / Section 646.612
646.612 Application of ORS 646.607 and 646.608
Status: in_force

ORS 646.607 (Unlawful business, trade practices) and 646.608 (Additional unlawful business, trade practices) do not apply to:

(1) Conduct in compliance with the orders or rules of, or a statute administered by a federal, state or local governmental agency.

(2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, telephone directory or radio or television station in the publication or dissemination of an advertisement, when the publisher, owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement. [1971 c.744 §10; 1977 c.195 §5; 2005 c.577 §1]

Source: Section 646.612 — Application of ORS 646.607 and 646.608 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.370 — OR Code / Title 50 / Chapter 646a / Section 646a.370
646A.370 Definitions for ORS 646A.370 to 646A.374
Status: in_force

As used in ORS 646A.370 (Definitions for ORS 646A.370 to 646A.374) to 646A.374 (Prohibited actions) :

(1) “Automatic dialing and announcing device” means an automated device that selects and dials telephone numbers and that, working alone or in conjunction with another device, disseminates a prerecorded or synthesized voice message to the telephone number that the device calls.

(2) “Call” means an attempt made to contact or a contact made with a subscriber by means of a telephone or telephone line.

(3) “Caller” means a person that attempts to contact or that contacts a subscriber by using a telephone or telephone line.

(4) “Caller identification service” means a telephone service that permits subscribers to see a caller’s telephone number before answering the telephone.

(5) “Debt buyer” means a person that engages in the business of purchasing delinquent or charged-off debt for the purpose of collecting the debt.

(6) “Established business relationship” means a previous transaction or series of transactions between a caller and a subscriber that occurred within the 18 months preceding a call.

(7) “Subscriber” means an individual who has obtained residential or wireless telephone services from a telecommunications provider, or a person who resides with the individual. [2007 c.823 §1; 2015 c.561 §1]

Source: Section 646A.370 — Definitions for ORS 646A.370 to 646A.374 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.430 — OR Code / Title 50 / Chapter 650 / Section 650.430
650.430 Damaged or defective vehicles
Status: in_force

(1) Within three days of receiving a damaged or defective recreational vehicle from the grantor, the dealer shall:

(a) Notify the grantor in writing of the damage or defect; and

(b) Intentionally left blank —Ed.

(A) Ask the grantor to permit the dealer to repair the damage or correct the defect at the expense of the grantor; or

(B) Reject the vehicle.

(2) A dealer may reject a vehicle if, within 10 days of receiving the dealer’s notice, the grantor does not permit a dealer to repair the damage or correct the defect at the grantor’s expense.

(3) If a dealer rejects a vehicle, the grantor must repurchase the vehicle within 10 business days. The repurchase price shall include the costs of delivery and financing necessary to keep the vehicle in stock.

(4) Rejection of a vehicle releases the dealer from any obligation to the grantor to pay for the vehicle.

(5) A dealership agreement may extend the term by which a dealer must notify the grantor of a damaged or defective vehicle. [2003 c.377 §14]

Source: Section 650.430 — Damaged or defective vehicles , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.050 — OR Code / Title 50 / Chapter 646 / Section 646.050
646.050 Establishing prima facie case of discrimination
Status: in_force

Upon proof being made, in any suit or other proceeding in which any violation of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) is at issue, that there has been discrimination in price, or in services or facilities furnished, or in payment for services or facilities rendered or to be rendered, the burden of rebutting the prima facie case thus made by showing justification is upon the person charged with the violation; but this section does not prevent a seller rebutting the prima facie case so made by showing that the lower price of the seller, or the payment for or furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor or the services or facilities furnished by a competitor.

Source: Section 646.050 — Establishing prima facie case of discrimination; justification of discrimination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 647.105 — OR Code / Title 50 / Chapter 647 / Section 647.105
647.105 Remedies for infringement
Status: in_force

(1) An owner of a mark registered under this chapter may proceed in a civil action to seek an injunction against the manufacture, use, display or sale of a counterfeit or imitation of the mark. A court of competent jurisdiction may:

(a) Grant injunctions to restrain the manufacture, use, display or sale as the court deems just and reasonable;

(b) Require the defendant to pay to the owner all profits the defendant derived and all damages the owner suffered from the manufacture, use, display or sale; and

(c) Order counterfeits or imitations in the defendant’s possession or under the defendant’s control to be delivered to an officer of the court or the owner to be destroyed.

(2) If the court finds that the defendant acted in bad faith, with knowledge or otherwise according to the circumstances of the case, the court in the court’s discretion may enter a judgment in an amount not to exceed three times the sum of the defendant’s profits and the owner’s damages and reasonable attorney fees. If the court finds that the plaintiff acted in bad faith, vexatiously, wantonly or for oppressive reasons, the court in the court’s discretion may award reasonable attorney fees to the defendant. [1961 c.497 §12; 1965 c.511 §11; 1985 c.566 §2; 2009 c.459 §15]

Source: Section 647.105 — Remedies for infringement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.725 — OR Code / Title 50 / Chapter 646a / Section 646a.725
646A.725 Definitions for ORS 646A.725 to 646A.750
Status: in_force

As used in ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) :

(1) “Bona fide purchaser” means a person that purchases a residential real property from an equity purchaser:

(a) For valuable consideration;

(b) In good faith;

(c) Without knowledge of any continuing right to, or equity in, the property by the equity seller; and

(d) Without knowledge of any violation of ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) by the equity purchaser regarding the property.

(2) “Business day” does not mean a Saturday or a legal holiday described in ORS 187.010 (Legal holidays) or 187.020 (Additional legal holidays) .

(3) “Equity conveyance”:

(a) Means a transaction that involves:

(A) The transfer of an interest in a residence in foreclosure by an equity seller to an equity purchaser, or to another person acting in association with the equity purchaser, that allows the equity purchaser or other person to obtain legal or equitable title to all or part of the residential real property; and

(B) A subsequent conveyance, or agreement for a subsequent conveyance, of an interest in the residential real property from the equity purchaser or person acting in association with the equity purchaser to the equity seller to allow the equity seller to possess the property during, or after termination of, the foreclosure process.

(b) Does not mean a transfer of interest by means of a nonjudicial foreclosure sale or by means of a sheriff’s sale or other judicial foreclosure action.

(4) “Equity conveyance contract” means a written contract between an equity seller and an equity purchaser that contains an agreement for an equity conveyance.

(5) “Equity purchaser,” except as provided in ORS 646A.730 (Persons that are not equity purchasers) , means a person that enters into an equity conveyance that transfers to the person, or to another acting in association with the person, an interest in residential real property sufficient to allow obtaining legal or equitable title to all or part of the property.

(6) “Equity recapture payment” means the resale price for a property, less the following:

(a) Amounts owing as of the closing of the resale for liens or other encumbrances created or suffered by the equity seller.

(b) Amounts paid after the transfer of interest in the property by the equity seller and before the closing of the resale on liens or other encumbrances created or suffered by the equity seller.

(c) Cash received by the equity seller from the equity purchaser under the equity conveyance contract.

(d) Title, escrow and other customary closing costs incurred by the equity purchaser under the equity conveyance contract or because of the resale.

(e) Real estate commissions and charges incurred by the equity purchaser under the equity conveyance contract or because of the resale.

(f) Charges for prorated taxes and homeowner association dues, attributable to a period of time prior to the transfer of interest in the property by the equity seller.

(g) Attorney fees incurred by the equity purchaser under the equity conveyance contract or because of the resale.

(h) Reimbursement of actual repair and maintenance expenses.

(i) Reimbursement for the construction of improvements to the property.

(7) “Equity seller” means a natural person who is the record owner of a residence in foreclosure at the time an interest in the residence is transferred under an equity conveyance to an equity purchaser or to a person acting in association with an equity purchaser.

(8) “Primary housing expenses” means the total amount required to pay regular principal, interest, rent, utilities, hazard insurance, real estate taxes and association dues on a residential real property.

(9) “Resale” means a sale by an equity purchaser to a bona fide purchaser of residential real property that is the subject of an equity conveyance contract.

(10) “Resale price” means the gross sale price of a residential real property upon resale.

(11) “Residence in foreclosure” means residential real property:

(a) Consisting of one to four single-family dwelling units;

(b) On which the owner occupies a dwelling unit; and

(c) Against which a notice of default has been recorded.

(12) “Settlement agent” means a provider of settlement services who:

(a) Is a licensed escrow agent, title insurance agent or attorney; and

(b) Is not the equity purchaser or an employee or associate of the equity purchaser.

(13) “Settlement conference” means an in-person meeting between an equity seller and a settlement agent:

(a) For the purpose of completing documents incident to the transfer of an interest as part of an equity conveyance; and

(b) During which the settlement agent provides the equity seller with the HUD-1 settlement statement used by the United States Department of Housing and Urban Development. [2008 c.19 §9]

Source: Section 646A.725 — Definitions for ORS 646A.725 to 646A.750 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.025 — OR Code / Title 50 / Chapter 646a / Section 646a.025
646A.025 Action by Attorney General to impose civil penalty or obtain injunction
Status: in_force

(1) The Attorney General may bring a civil action in the name of the state in any court of appropriate jurisdiction to:

(a) Impose a civil penalty under ORS 646A.028 (Amount of civil penalty) for violations of ORS 646A.009 (Prohibition on sales of cosmetics developed or manufactured using animal testing) ; or

(b) Obtain an injunction to restrain violations of ORS 646A.009 (Prohibition on sales of cosmetics developed or manufactured using animal testing) .

(2) Civil penalties recovered under this section shall be deposited in the Department of Justice Protection and Education Revolving Account created under ORS 180.095 (Department of Justice Protection and Education Revolving Account) . [2023 c.536 §6]

Source: Section 646A.025 — Action by Attorney General to impose civil penalty or obtain injunction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.545 — OR Code / Title 50 / Chapter 646 / Section 646.545
646.545 Remedy for unfair trade practices
Status: in_force

(1) In addition to any other remedies provided by law, any producer injured by a violation of ORS 646.535 (Unfair trade practices prohibited) may maintain an action for damages sustained by such producer.

(2) The prevailing party in any action brought pursuant to subsection (1) of this section shall be allowed, in addition to the costs and disbursements otherwise prescribed by law, a reasonable sum for attorney fees at trial and on appeal for the prosecution or defense of such action. [1963 c.514 §§4,5; 1981 c.897 §76; 1995 c.658 §112]

Source: Section 646.545 — Remedy for unfair trade practices; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 650.350 — OR Code / Title 50 / Chapter 650 / Section 650.350
650.350 Dealer’s rights upon termination, cancellation or failure to renew
Status: in_force

(1) Upon the termination or cancellation of or failure to renew a dealership agreement by the grantor, the grantor shall, at the dealer’s request and within 30 days of the termination, cancellation or failure to renew, purchase from the dealer:

(a) All new recreational vehicles that the dealer purchased from the grantor within 12 months prior to the effective date of the termination, cancellation or failure to renew and for which a consumer has not obtained a title as defined in ORS 801.526 (“Title.”) ;

(b) If accompanied by the original invoice, all current and undamaged proprietary parts and accessories that the dealer purchased from the grantor within 120 days prior to the effective date of the termination, cancellation or failure to renew; and

(c) All functioning equipment, machines and tools and all current signs that the dealer purchased from the grantor at the grantor’s request in the five years before termination, cancellation or failure to renew and that cannot continue to be used in the normal course of the dealer’s business.

(2) Subsection (1)(a) of this section does not apply to a recreational vehicle that:

(a) The dealer has sold or leased to a consumer or that has been used for more than demonstration or materially altered; or

(b) Has been damaged to the extent requiring disclosure to a consumer under ORS 650.420 (Required disclosures) .

(3) For the purposes of subsection (1)(a) of this section:

(a) If a new recreational vehicle has not been damaged, the sum due for the recreational vehicle is the net invoice cost.

(b) If a new recreational vehicle has been damaged but less than to the extent requiring disclosure to a consumer under ORS 650.420 (Required disclosures) , the sum due for the recreational vehicle is the net invoice cost less the cost to repair the vehicle.

(4) The sum due for a proprietary part or accessory under subsection (1)(b) of this section is 105 percent of the net invoice cost plus the cost to the dealer to transport the part or accessory to the grantor.

(5) The sum due for equipment, machines, tools and signs under subsection (1)(c) of this section is the net invoice cost of the equipment, machines, tools and signs.

(6) A grantor shall pay a dealer the sum due in full within 30 days of receiving a product from a dealer under this section. [2003 c.377 §6; 2005 c.47 §1]

Source: Section 650.350 — Dealer’s rights upon termination, cancellation or failure to renew , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.082 — OR Code / Title 50 / Chapter 646a / Section 646a.082
646A.082 Floral retail sales
Status: in_force

(1) Any person engaging in floral retail sales shall disclose the person’s principal place of business in any written communications sent to customers, listings, advertising or websites that provide information about the person’s floral retail sales activities.

(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) . [2009 c.150 §2]

Source: Section 646A.082 — Floral retail sales; disclosure of principal place of business; enforcement; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.438 — OR Code / Title 50 / Chapter 646a / Section 646a.438
646A.438 Reimbursement insurance
Status: in_force

(1) A warrantor shall obtain a reimbursement insurance policy from a qualified reimbursement insurer that covers all liability to the consumer under all vehicle protection product warranties a warrantor issues. A qualified reimbursement insurer is:

(a) An insurer authorized to transact insurance in this state under a certificate of authority issued in accordance with the Insurance Code; or

(b) A surplus lines insurer.

(2) The Department of Consumer and Business Services may not require any other financial security requirements or financial standards for warrantors. [2007 c.685 §5]

Source: Section 646A.438 — Reimbursement insurance; requirements; insurer qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.300 — OR Code / Title 50 / Chapter 650 / Section 650.300
650.300 Definitions for ORS 650.300 to 650.480
Status: in_force

As used in ORS 650.300 (Definitions for ORS 650.300 to 650.480) to 650.480 (Remedies) :

(1) “Area of sales responsibility” means the geographic area for which a grantor has granted a dealer the exclusive right to sell recreational vehicles manufactured or distributed by the grantor.

(2) “Camper” has the meaning given that term in ORS 801.180 (“Camper.”) .

(3) “Consumer” means a purchaser or lessee, other than for purposes of resale, of a product.

(4) “Dealer” means a person that:

(a) Is certified under ORS 822.020 (Issuance and renewal of certificate) as a vehicle dealer in this state; and

(b) Sells or leases recreational vehicles to the motoring public in this state.

(5) “Dealership agreement” means a written agreement pursuant to which a grantor grants a dealer the right:

(a) To sell or lease recreational vehicles or recreational vehicle services offered by the grantor; or

(b) To use a trade name, trademark, service mark, logo or other commercial symbol in the sale or distribution of recreational vehicles offered by the grantor.

(6) “Distributor” means a person that purchases new recreational vehicles for resale to a dealer.

(7) “Family” means:

(a) A parent, sibling, spouse, child, nephew, niece or grandchild of a dealer if the dealer is an individual; or

(b) The spouse of the dealer’s parent, sibling, child, nephew, niece or grandchild.

(8) “Fifth wheel hitch” has the meaning given that term in ORS 801.275 (“Fifth wheel hitch.”) .

(9) “Grantor” means a manufacturer or distributor of recreational vehicles.

(10) “Line make” means new recreational vehicles that:

(a) A grantor or dealer offers for sale, lease or distribution under the grantor’s trade name, trademark, service mark, logo or other commercial symbol;

(b) Are intended for sale or lease to a specific segment of the motoring public based upon the vehicles’ decor, equipment, features, price, size and weight;

(c) Have bodies, chassis and frames that, in the view of the motoring public, place the recreational vehicles in the same distinct class of recreational vehicle;

(d) Have lengths and interior floor plans that distinguish the recreational vehicles from recreational vehicles with substantially the same decor, equipment, features, price and weight; and

(e) A dealership agreement authorizes a dealer to sell or lease.

(11) “Manufacturer” means a person engaged in the manufacture of new recreational vehicles.

(12) “Motor home” has the meaning given that term in ORS 801.350 (“Motor home.”) .

(13) “Net invoice cost” means the price a dealer paid for a product, less any rebate or discount, plus taxes the dealer paid on the product and any sums the dealer paid to transport the product to the dealer.

(14) “Product” means a recreational vehicle or an accessory, part, equipment, machine, tool or sign of or for a recreational vehicle.

(15) “Proprietary part or accessory” means a part or accessory of or for a recreational vehicle manufactured by or for a grantor and sold to dealers only by the grantor.

(16) “Recreational vehicle” means a vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes, including but not limited to a travel trailer, trailer towed with a fifth wheel hitch, camper, camping trailer, fold-up camping trailer, pop-up, tent camper, truck camper and motor home. “Recreational vehicle” does not include a bus as defined in ORS 184.675 (Definitions for ORS 184.670 to 184.733) with a chassis length of not less than 35 feet that has been converted into a motor coach.

(17) “Travel trailer” has the meaning given that term in ORS 801.565 (“Travel trailer.”) .

(18) “Warrantor” means a person that makes a warranty.

(19) “Warranty” means a warranty made to a consumer for a new product, without charge, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor or other remedial measures such as repair or replacement. “Warranty” does not include a service contract, insurance or extended warranty sold for separate consideration by a dealer or other person not under the control of a manufacturer. [2003 c.377 §1]

Note: The definition of “bus” in 184.675 (Definitions for ORS 184.670 to 184.733) was deleted by amendment by section 14, chapter 15, Oregon Laws 2020 (first special session). The text of 650.300 (Definitions for ORS 650.300 to 650.480) was not amended by enactment of the Legislative Assembly to reflect the deletion. Editorial adjustment of 650.300 (Definitions for ORS 650.300 to 650.480) for the deletion of the definition has not been made.

Source: Section 650.300 — Definitions for ORS 650.300 to 650.480 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.340 — OR Code / Title 50 / Chapter 646a / Section 646a.340
646A.340 Definitions for ORS 646A.340 to 646A.348
Status: in_force

As used in ORS 646A.340 (Definitions for ORS 646A.340 to 646A.348) to 646A.348 (Action by Attorney General) :

(1) “Mail agent” means any person, sole proprietorship, partnership, corporation or other entity who owns, manages, rents or operates one or more mailboxes, as defined in this section, for receipt of United States mail or materials received from or delivered by a private express carrier, for any person, sole proprietorship, partnership, corporation or other entity not the mail agent.

(2) “Mailbox” means any physical location or receptacle where United States mail or materials received from or delivered by a private express carrier are received, stored or sorted, including letter boxes.

(3) “Tenant” means any person, sole proprietorship, partnership, corporation or other entity who contracts with or otherwise causes a mail agent to receive, store, sort, hold or forward any United States mail or materials received from or delivered by any private express carrier on the tenant’s behalf. [Formerly 646.221]

Source: Section 646A.340 — Definitions for ORS 646A.340 to 646A.348 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.841 — OR Code / Title 50 / Chapter 646a / Section 646a.841
646A.841 Enforcement
Status: in_force

In addition to all other penalties and enforcement provisions provided by law, if a person violates a provision of ORS 646A.820 (Definitions) to 646A.838 (Rules) or a rule adopted by the Department of Consumer and Business Services under ORS 646A.838 (Rules) , the department may:

(1) Suspend or revoke the person’s limited license issued under ORS 646A.823 (Limited license required) ;

(2) Modify the terms of the person’s limited license issued under ORS 646A.823 (Limited license required) to limit:

(a) The locations at which a vendor policyholder may issue, sell or offer for sale portable electronics insurance coverage; or

(b) The ability of employees, agents or authorized representatives of the vendor policyholder to issue, sell or offer for sale portable electronics insurance coverage; and

(3) Impose a civil penalty in the manner provided in ORS 183.745 (Civil penalty procedures) not to exceed $1,000 per violation or $10,000 for multiple violations. [Formerly 646A.592]

Source: Section 646A.841 — Enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.565 — OR Code / Title 50 / Chapter 646 / Section 646.565
646.565 Notice of provisions of ORS 646.561 and 646.563
Status: in_force

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 (Definitions for ORS 646.561 to 646.565) and 646.563 (Telephone solicitation of party who states desire not to be called) . Notification may be by:

(1) Annual inserts in the billing statements mailed to parties; or

(2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [1989 c.622 §10]

Source: Section 646.565 — Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.502 — OR Code / Title 50 / Chapter 646a / Section 646a.502
646A.502 Short title
Status: in_force

ORS 646A.500 (Legislative findings) to 646A.514 (Scope of remedies) may be referred to as the Infant Crib Safety Act. [Formerly 646.501]

Source: Section 646A.502 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.166 — OR Code / Title 50 / Chapter 646a / Section 646a.166
646A.166 Refusal to continue or suspension or revocation of registration
Status: in_force

The Director of the Department of Consumer and Business Services may refuse to continue or may suspend or revoke an obligor’s registration if the director finds after a hearing that:

(1) The obligor has intentionally engaged in a pattern or practice of failing to comply with any lawful order of the director relating to a prior violation of ORS 646A.158 (Prohibited conduct) (3)(c).

(2) The obligor fails to meet or maintain the financial stability requirements set forth in ORS 646A.154 (Service contract defined) . [Formerly 646.279]

Source: Section 646A.166 — Refusal to continue or suspension or revocation of registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.130 — OR Code / Title 50 / Chapter 646 / Section 646.130
646.130 Cost surveys as evidence
Status: in_force

Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, such cost survey is competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) .

Source: Section 646.130 — Cost surveys as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.314 — OR Code / Title 50 / Chapter 646a / Section 646a.314
646A.314 New or relocated dealership
Status: in_force

(1) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement assigns an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealership within an assigned area of responsibility that is within or contiguous to the area of the new or relocated retailer or dealership.

(2) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement does not assign an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealership within a 75-mile radius of the new or relocated retailer or dealership.

(3) A notice required by this section shall contain:

(a) The new location of the retailer or dealership;

(b) The date that the retailer or dealership will commence business at the new location; and

(c) Intentionally left blank —Ed.

(A) If the agreement assigns an area of responsibility, the name and address of retailers and dealerships with assigned areas of responsibility that are within or contiguous to the area of the new or relocated retailer or dealership; or

(B) If the agreement does not assign an area of responsibility, the name and address of retailers and dealerships within a 75-mile radius of the new or relocated retailer or dealership. [Formerly 646.452]

Source: Section 646A.314 — New or relocated dealership; notice; area of responsibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.020 — OR Code / Title 50 / Chapter 646 / Section 646.020
646.020 Definitions and explanations
Status: in_force

(1) When used in ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) , unless the context otherwise requires:

(a) “Commerce” means trade or commerce within this state, exclusive of food commerce.

(b) “Food commerce” means trade or commerce within this state in articles of food for human consumption and such other articles as usually are sold in food stores in connection with articles of food for human consumption. In the case of persons selling items other than items of food commerce, the term “food commerce” is restricted solely to such items of food commerce as are defined in this paragraph.

(c) “Person” means individual, corporation, partnership, association, joint stock company, business trust or unincorporated organization.

(d) “Price” means the net price to the buyer after the deduction of all discounts, rebates, or other price concessions paid or allowed by the seller.

(e) “Replacement cost” means the cost per unit at the retail outlet at which the merchandise sold or offered for sale could have been bought by the seller at any time within 10 days prior to the date of sale or the date upon which it is offered for sale by the seller, if bought in the same quantities as the seller’s usual or customary purchase of such merchandise, after deducting all discounts, rebates or other price concessions.

(f) “Retailer in food commerce” means any person engaged in food commerce who sells directly to the consumer for use.

(g) “Wholesaler in food commerce” means any person engaged in food commerce other than a retailer or producer, manufacturer or processor.

(2) As used in ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) , “vendor” includes any person who performs work upon, renovates, alters or improves any personal property belonging to another person.

Source: Section 646.020 — Definitions and explanations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).