ORS § 646a.416 — OR Code / Title 50 / Chapter 646a / Section 646a.416
646A.416 Limitation on commencement of action
Status: in_force

An action brought under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) must be commenced within one year after whichever of the following periods ends earlier:

(1) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles;

(2) The two-year period following the date of the original delivery of the motor vehicle to the consumer; or

(3) The period that ends after an extension of time provided under ORS 646A.406 (Presumption of reasonable attempt to conform) (3). [Formerly 646.365; 2009 c.448 §8]

Source: Section 646A.416 — Limitation on commencement of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.374 — OR Code / Title 50 / Chapter 646a / Section 646a.374
646A.374 Prohibited actions
Status: in_force

(1) As used in this section:

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

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

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

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

(2) A caller who uses an automatic dialing and announcing device in order to call a subscriber may not misrepresent or falsify, either in speaking with the subscriber or in the prerecorded or synthesized voice message disseminated during the call:

(a) The caller’s identity and the identity of any person on behalf of whom the caller is making the call;

(b) The telephone number from which the caller is making the call;

(c) The location from which the caller is making the call; or

(d) The purpose for which the caller is making the call.

(3) A caller may not intentionally alter, misrepresent or falsify the information that a caller identification service would ordinarily provide to a subscriber who uses such a service.

(4) Except as provided in subsection (5) of this section, a person who provides a caller identification service is not subject to civil liability for a caller’s violation of this section.

(5) If a person knows or consciously avoids knowing that another person is engaging in an act or practice that violates the provisions of subsection (2) or (3) of this section and the person nonetheless provides substantial assistance or support for the violation, including permitting, carrying or facilitating calls that violate subsection (2) or (3) of this section, the person is liable for any loss and subject to any penalty for the violation to the same extent as the person that engaged in the violation of subsection (2) or (3) of this section.

(6) A violation of subsection (2) or (3) of this section is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) .

(7) Subsections (5) and (6) of this section do not apply to:

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

(b) A person that enables another person to complete a voice communication by means of a network that the person operates and on which the voice communication terminates. [2007 c.823 §3; 2023 c.322 §2]

Source: Section 646A.374 — Prohibited actions; liability of persons that provide substantial assistance or support for violation; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.578 — OR Code / Title 50 / Chapter 646 / Section 646.578
646.578 Notice of provisions of ORS 646.567 to 646.578
Status: in_force

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 (Definitions for ORS 646.567 to 646.578) to 646.578 (Notice of provisions of ORS 646.567 to 646.578) and 646.608 (Additional unlawful business, trade practices) . 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. [Formerly 646.571]

Source: Section 646.578 — Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 648.010 — OR Code / Title 50 / Chapter 648 / Section 648.010
648.010 Registration of assumed business name
Status: in_force

(1) Each person who will carry on, conduct or transact business under an assumed business name shall sign an application to register the assumed business name and shall submit the application to the Office of the Secretary of State, with the fee prescribed by this chapter. All of the persons who will carry on, conduct or transact a single business under an assumed business name shall file a consolidated application to register the assumed business name.

(2) The application shall state:

(a) The assumed business name to be registered. The applicant shall write the assumed business name in the alphabet used to write the English language. The assumed business name may include numerals and incidental punctuation.

(b) The real and true name and street address of each person who intends to carry on, conduct or transact business under the assumed business name.

(c) The principal address at which the applicant intends to carry on, conduct or transact business and a listing of each county in which the applicant intends to carry on, conduct or transact business to the extent that ORS 648.007 (Requirement to register assumed business name and service mark) would require the applicant to register the assumed business name for that county.

(d) The name and the mailing address of the person whom the applicant authorizes to represent the applicant in transactions with the Office of the Secretary of State with respect to the registration. All of the registrants of an assumed business name for a single business shall designate the same person under this subsection.

(e) The applicant’s primary business activity.

(f) Any other information that the Secretary of State by rule may require.

(3) The person named in the application to be authorized to represent the applicant is authorized to receive notices under this chapter and to perform any duty that this chapter requires of the registrant of the assumed business name, but is not by the application or registration made the registrant’s agent for the service of process. [Amended by 1961 c.355 §1; 1963 c.551 §2; 1969 c.154 §1; 1971 c.194 §2; 1985 c.728 §94; 1987 c.843 §21; 1995 c.454 §4; 2007 c.186 §18]

Source: Section 648.010 — Registration of assumed business name; contents of application; designation of representative; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 646a.402 — OR Code / Title 50 / Chapter 646a / Section 646a.402
646A.402 Availability of remedy
Status: in_force

The remedy under the provisions of ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) is available to a consumer if:

(1) A new motor vehicle does not conform to applicable manufacturer’s express warranties;

(2) The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the manufacturer’s authorized dealer, for the purpose of repair or correction, during the two-year period following the date of original delivery of the motor vehicle to the consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first; and

(3) The manufacturer has received direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect. “Notification” under this subsection includes, but is not limited to, a request by the consumer for an informal dispute settlement procedure under ORS 646A.408 (Use of informal dispute settlement procedure as condition for remedy) . [Formerly 646.325; 2009 c.448 §2]

Source: Section 646A.402 — Availability of remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.020 — OR Code / Title 50 / Chapter 645 / Section 645.020
645.020 Transactions exempt from prohibition
Status: in_force

The prohibitions in ORS 645.010 (Commodity contract or option transactions prohibited) shall not apply to the following:

(1) An account, agreement or transaction within the exclusive jurisdiction of the federal Commodity Futures Trading Commission;

(2) A commodity contract for silver, gold, platinum, palladium, copper or other precious metal as defined by rule of the director whether in coin, bullion or other form if within seven days from the payment of any portion of the purchase price:

(a) The precious metals purchased are delivered to and held on the purchaser’s behalf at a depository not affiliated with the seller which is:

(A) A financial institution;

(B) A depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the federal Commodity Futures Trading Commission;

(C) A storage facility licensed or regulated by the United States or any agency thereof; or

(D) A depository designated by rule of the director; and

(b) Unless otherwise provided by rule of the director, the depository issues and the purchaser receives an instrument evidencing that such quantity of precious metals has been delivered to the depository on the purchaser’s behalf; and

(3) A commodity contract under which the offeree or the purchaser is a person referred to in ORS 645.015 (Persons exempt from prohibition) , an insurance company or an investment company as defined in the federal Investment Company Act of 1940, as amended. [1987 c.148 §6; 1989 c.179 §3; 1997 c.249 §195]

Source: Section 645.020 — Transactions exempt from prohibition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646.821 — OR Code / Title 50 / Chapter 646 / Section 646.821
646.821 Taking testimony for investigative demand
Status: in_force

The oral testimony of any person taken pursuant to a demand served under ORS 646.750 (Investigative demand by Attorney General) shall be taken in the county in which such person resides, is found or transacts business, or in such other place as may be agreed upon. [1977 c.729 §3]

Source: Section 646.821 — Taking testimony for investigative demand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.803 — OR Code / Title 50 / Chapter 646a / Section 646a.803
646A.803 Contest and sweepstakes solicitations
Status: in_force

(1) As used in this section:

(a) “Contest” means a procedure for awarding a prize in which the outcome depends at least in part on the skill of the contestant. “Contest” includes any competition in which a person is required to purchase anything, pay anything of value or make a donation in order to participate. “Contest” also includes a competition that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or competing for or obtaining information about a prize.

(b) “Sweepstakes” means a procedure for awarding a prize that is based on chance. “Sweepstakes” includes any such procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize. “Sweepstakes” also includes any such procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize.

(c) “Clearly and conspicuously” means the message is conveyed in a manner that is reasonably apparent to the audience to whom it is directed. In order for a message to be considered clear and conspicuous, it shall, at a minimum:

(A) Not contradict or substantially alter any terms it purports to clarify, explain or otherwise relate to; and

(B) In the case of printed solicitations:

(i) Be in close proximity to the terms it purports to clarify, explain or otherwise relate to; and

(ii) Be of sufficient prominence in terms of placement, font or color contrast as compared with the remainder of the solicitation so as to be reasonably apparent to the audience to whom it is directed.

(2) A person engages in an unlawful practice when, in the course of the person’s business, vocation or occupation, the person solicits participation in a contest and the person does not clearly and conspicuously disclose in the solicitation:

(a) The maximum number of rounds or levels, if the contest has more than one round or level;

(b) The date the final winner will be determined;

(c) The maximum total cost the final winner will have paid to the sponsor to participate in the contest;

(d) Whether the final winner must purchase or pay anything of value to a person other than the sponsor if purchasing or paying is a condition of eligibility;

(e) If the contest involves multiple rounds of increasing difficulty, an example illustrative of the last determinative round or a statement that subsequent rounds will be more difficult;

(f) If the contest is judged by someone other than the sponsor, the identity of or description of the qualifications of the judges;

(g) The method used in judging; and

(h) The name and address of the sponsor or the sponsor’s agent.

(3) A person engages in an unlawful practice when, in the course of the person’s business, vocation or occupation, the person solicits participation in a sweepstakes and does not clearly and conspicuously disclose in the solicitation:

(a) The odds of winning in Arabic numerals, except that if the odds of winning depend on the number of entries received, a statement to that effect will be deemed sufficient;

(b) The name and address of the sponsor or the sponsor’s agent, consistently stated wherever it is used; and

(c) The procedure for entry without purchase.

(4) A person engages in an unlawful practice when, in the course of the person’s business, vocation or occupation, the person solicits participation in a contest or sweepstakes by representing that a person:

(a) Has been selected to receive or has won a particular prize, when that is not the case; or

(b) Is a winner, is a finalist, is in first place or is otherwise in a limited group of persons with an enhanced likelihood of winning or receiving a prize, when more than 25 percent of the persons receiving the solicitation have the same chance of winning. [Formerly 646.651; 2019 c.63 §1]

Source: Section 646A.803 — Contest and sweepstakes solicitations; required disclosures; prohibited representations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.469 — OR Code / Title 50 / Chapter 646 / Section 646.469
646.469 Preservation of trade secret by court
Status: in_force

In any action brought under ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) , the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action or ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. [1987 c.537 §6]

Source: Section 646.469 — Preservation of trade secret by court; methods , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.095 — OR Code / Title 50 / Chapter 646a / Section 646a.095
646A.095 Disclosure required when purchaser of product offered technical support through information delivery system
Status: in_force

(1) Whenever the purchaser of a product sold at retail is offered ongoing technical support or service relating to the operation or use of the product, and the support or service is offered exclusively or in part through an information delivery system, the product or package of the product shall contain, in clear view to the purchaser before the product is opened, a statement disclosing that the technical support or service is provided through an information delivery system and listing the cost per minute of the support or service. The manufacturer of the product is responsible for providing the statement required under this subsection.

(2) As used in this section:

(a) “Information delivery system” means any telephone-recorded messages, interactive program or other information services that are provided on a pay-per-call basis through an exclusive telephone number prefix or service access code; and

(b) “Manufacturer” means a person who manufactures a product described in subsection (1) of this section. When the product is distributed or sold under a name other than that of the actual manufacturer of the product, the term “manufacturer” includes any person under whose name the product is distributed or sold. [Formerly 646.871]

Source: Section 646A.095 — Disclosure required when purchaser of product offered technical support through information delivery system , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.790 — OR Code / Title 50 / Chapter 646a / Section 646a.790
646A.790 Unlawful practices
Status: in_force

A violation of a provision of ORS 646A.770 (Definitions) to 646A.787 (Fiduciary responsibilities) is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) . [2015 c.523 §8]

Source: Section 646A.790 — Unlawful practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.473 — OR Code / Title 50 / Chapter 646 / Section 646.473
646.473 Conflicting tort, restitution or other law providing civil remedies
Status: in_force

(1) Except as provided in subsection (2) of this section, ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) supersede conflicting tort, restitution or other law of Oregon providing civil remedies for misappropriation of a trade secret.

(2) ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) shall not affect:

(a) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(b) Other civil remedies that are not based upon misappropriation of a trade secret;

(c) Criminal remedies, whether or not based upon misappropriation of a trade secret; or

(d) Any defense, immunity or limitation of liability afforded public bodies, their officers, employees or agents under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) .

(3) Notwithstanding any other provision in ORS 646.461 (Definitions for ORS 646.461 to 646.475) to 646.475 (Application and construction of ORS 646.461 to 646.475) , public bodies and their officers, employees and agents are immune from any claim or action for misappropriation of a trade secret that is based on the disclosure or release of information in obedience to or in good faith reliance on any order of disclosure issued pursuant to ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.431 (Court authority in reviewing action denying right to inspect public records) or on the advice of an attorney authorized to advise the public body, its officers, employees or agents. [1987 c.537 §8]

Source: Section 646.473 — Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.784 — OR Code / Title 50 / Chapter 646a / Section 646a.784
646A.784 Reimbursement insurance policies for guaranteed asset protection waivers
Status: in_force

(1) Intentionally left blank —Ed.

(a) A creditor other than a person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle may insure a guaranteed asset protection waiver with a reimbursement insurance policy.

(b) A person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle shall insure the guaranteed asset protection waiver with a reimbursement insurance policy that meets the requirements set forth in subsection (2) of this section.

(c) A lessor that leases a motor vehicle does not need to insure a guaranteed asset protection waiver that the lessor sells in connection with the lease.

(2) A reimbursement insurance policy for a guaranteed asset protection waiver must state:

(a) The terms of the obligation the insurer has to reimburse the creditor for amounts the creditor must waive under the terms of the guaranteed asset protection waiver;

(b) That the insurer’s obligation to reimburse the creditor extends to the creditor’s assignee or any person to which the creditor sells or transfers the finance agreement or the guaranteed asset protection waiver that the reimbursement insurance policy covers;

(c) That the reimbursement insurance policy remains in effect until canceled in accordance with applicable provisions of the Insurance Code; and

(d) That a cancellation of the reimbursement insurance policy does not affect an insurer’s obligation under the reimbursement insurance policy for guaranteed asset protection waivers that the insured sold, and for which the insurer received premium payments, before the date on which the reimbursement insurance policy was canceled.

(3) A person that sells a guaranteed asset protection waiver in connection with a sale or lease of a motor vehicle shall report to any insurer that has issued a reimbursement insurance policy to the person the number of guaranteed asset protection waiver sales and any other details the insurer requires under the terms of the reimbursement insurance policy and shall timely forward to the insurer all funds due under the terms of the reimbursement insurance policy. [2015 c.523 §6]

Source: Section 646A.784 — Reimbursement insurance policies for guaranteed asset protection waivers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 649.080 — OR Code / Title 50 / Chapter 649 / Section 649.080
649.080 Unauthorized display of name or insignia of motor vehicle association
Status: in_force

A person may not display the name or insignia of a motor vehicle club or similar organization on a motor vehicle if the motor vehicle club or organization has registered the name or insignia under ORS 649.020 (Registration of name or insignia of organization) , unless the constitution, bylaws, rules or regulations of the motor vehicle club or organization permit the person to display the name or insignia. [Amended by 2003 c.45 §2; 2015 c.277 §8]

Source: Section 649.080 — Unauthorized display of name or insignia of motor vehicle association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors649.­html (accessed May 26, 2025).
ORS § 647.075 — OR Code / Title 50 / Chapter 647 / Section 647.075
647.075 Cancellation of registrations
Status: in_force

(1) The Secretary of State shall cancel a registration for a mark or part of a registration if:

(a) The Secretary of State receives a voluntary request from the registrant or the assignee of record to cancel the registration.

(b) The registration has not been renewed in accordance with the provisions of ORS 647.055 (Period of registration) .

(c) A court of competent jurisdiction either orders cancellation of the registration or makes any of the following findings:

(A) The registered mark has been abandoned.

(B) The registrant is not the owner of the mark.

(C) The registration was granted improperly.

(D) The registration was obtained fraudulently.

(E) The registered mark is the generic name for the goods or services or a portion of the goods or services for which the mark has been registered.

(F) The registered mark is likely to cause confusion or mistake or to deceive because of the registered mark’s similarity to a mark registered with the United States Patent and Trademark Office and not abandoned before the application for the registered mark was filed under ORS 647.015 (Application for registration) .

(2) If the registrant proves that the registrant has a concurrent registration in the United States Patent and Trademark Office that covers an area that includes this state, the Secretary of State may not cancel the registration for the area covered by the concurrent registration notwithstanding a court’s finding under subsection (1)(c)(F) of this section. [1961 c.497 §8; 1965 c.511 §8; 1971 c.318 §7; 1981 c.633 §73; 1985 c.728 §88; 2009 c.459 §12]

Source: Section 647.075 — Cancellation of registrations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 650.080 — OR Code / Title 50 / Chapter 650 / Section 650.080
650.080 When personal service of process required
Status: in_force

The method of service referred to in ORS 650.075 (Manner of executing service of process) may not be used if personal service can be used. [1973 c.509 §11]

Source: Section 650.080 — When personal service of process required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.780 — OR Code / Title 50 / Chapter 646 / Section 646.780
646.780 Recovery of treble damages
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person, the state or a public body may bring an action for an injury to the person’s, the state’s or the public body’s business or property from a violation 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, upon prevailing in the action, shall recover three times the damages the person, the state or the public body sustained. An action authorized by this paragraph may be brought regardless of whether the plaintiff dealt directly or indirectly with the adverse party.

(b) Notwithstanding paragraph (a) of this subsection, if the state brings an action under ORS 646.760 (Civil penalties) , the state may recover only the state’s actual damages sustained and any attorney fees, expert fees or investigative costs that the court may award under subsection (3) of this section.

(c) Notwithstanding paragraph (a) of this subsection, if in any action under this section the plaintiff prevails solely on the basis of a judgment or decree entered in a proceeding under 15 U.S.C. 1 to 45, or in another action by the state under this section or under ORS 646.760 (Civil penalties) or 646.770 (Equitable remedies) , and the judgment or decree is used as collateral estoppel against a defendant under ORS 646.805 (Effect of prior final judgment or decree) , plaintiff’s recovery is limited to the actual damages sustained and any attorney fees, expert fees or investigative costs that may be awarded under subsection (3) of this section.

(2) Unless there is a subsequent judgment that the court lacks jurisdiction, taking testimony at the commencement of trial on a civil complaint for damages filed under the antitrust laws of the United States constitutes an absolute bar and waiver of any right of a plaintiff in such action to recover damages from the same defendant under this section for the same or substantially the same acts of plaintiff.

(3) Intentionally left blank —Ed.

(a) Except as provided in subsection (4) of this section, in an action brought under this section by a person other than the state or public body, the court may award reasonable attorney fees, expert fees and investigative costs to the prevailing party.

(b) Except as provided in subsection (4) of this section, in a civil action brought under this section or under ORS 646.760 (Civil penalties) by the state or public body:

(A) The court may award reasonable attorney fees, expert fees and investigative costs to the state or public body if the state or public body prevails in the action; and

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

(4) The court may not award attorney fees, expert fees or investigative costs to a prevailing defendant under the provisions of this section if the action is maintained as a class action under ORCP 32.

(5) Intentionally left blank —Ed.

(a) If the Attorney General files an action parens patriae under ORS 646.775 (Actions by Attorney General) within 60 days after the date that a natural person files an action as a class action under this section and both the Attorney General and the natural person seek to represent the same class of natural persons, the action brought by the Attorney General must be deemed superior to the natural person’s action for the purposes of determining whether the natural person’s action under this section may not be maintained as a class action under ORCP 32.

(b) Upon commencement of an action as a class action under this section by a natural person, the natural person shall mail a copy of the complaint to the Attorney General. Failure to mail a copy of the complaint is not a jurisdictional defect.

(c) The Attorney General’s action must be deemed superior to the action brought as a class action as described in paragraph (a) of this subsection until the earlier of:

(A) Thirty days after the natural person mails a copy of the complaint to the Attorney General as provided in paragraph (b) of this subsection; or

(B) The date that a court finds that the natural person’s action is to be maintained as a class action.

(d) Nothing in this subsection prohibits a natural person from filing an action as a class action if:

(A) The Attorney General’s parens patriae action is dismissed before adjudication of the issues without damages paid to any natural person; or

(B) A sufficient number of natural persons opt out of the parens patriae action to sustain a separate class action. [1975 c.255 §10; 1981 c.897 §83; 1983 c.467 §1; 1985 c.251 §27; 1995 c.696 §39; 2001 c.393 §2; 2009 c.304 §1; 2023 c.103 §5]

Source: Section 646.780 — Recovery of treble damages; exception; recovery of fees and costs; action under federal law as bar; action parens patriae by Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.470 — OR Code / Title 50 / Chapter 646a / Section 646a.470
646A.470 Sale or lease of returned assistive device
Status: in_force

(1) An assistive device returned by a consumer or dealer in this state, or by a consumer or dealer in another state under a similar law of that state, may not be sold or leased again in this state unless full disclosure of the reasons for return is made to the prospective buyer or lessee.

(2) If a sale or lease is made in violation of subsection (1) of this section, a consumer who bought or took the lease of the assistive device shall have the rights of a consumer of a new device provided by ORS 646A.466 (Replacement or refund after attempt to repair) , without regard to whether there is a nonconformity or to whether there has been a reasonable attempt to repair the device. The following paragraphs apply to a sale or lease under this section:

(a) If the consumer chooses the refund option described in ORS 646A.466 (Replacement or refund after attempt to repair) , there shall be no deduction from the full purchase price in calculating the refund under ORS 646A.466 (Replacement or refund after attempt to repair) ;

(b) The rights described in this subsection run against the person who last sold or transferred the assistive device to any other person, whether or not the other person is a consumer, so long as the last person to sell or transfer the device had knowledge of the previous return of the device and did not provide the disclosure required by subsection (1) of this section; and

(c) The rights described under this subsection must be declared and exercised by a consumer within two years after the consumer knows of the previous return and can identify the person against whom the rights run. [Formerly 646.492]

Source: Section 646A.470 — Sale or lease of returned assistive device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.745 — OR Code / Title 50 / Chapter 646 / Section 646.745
646.745 Joint operation of Memorial Coliseum and Arena in Portland
Status: in_force

(1) As used in this section:

(a) “Affiliate” means an individual, or a corporation or other entity controlling, controlled by or under common control with the owner or operator of the arena. For purposes of this subsection, the term “control” means ownership of more than 50 percent of the shares or other ownership interests in the owner or operator of the arena or having management power over the affairs of the owner or operator of the arena.

(b) “Arena” means a multipurpose arena with a seating capacity of approximately 19,000 constructed or to be constructed on real property adjacent to the Coliseum.

(c) “Coliseum” means the Memorial Coliseum in Portland.

(d) “Coliseum agreement” means an operating agreement, management agreement, lease or any similar agreement between the City of Portland and any corporation, partnership, limited partnership or individual who owns or operates the arena or any affiliate of the owner or operator of the arena.

(2) The Legislative Assembly finds that direct competition between the Arena and Coliseum may require the City of Portland to spend limited public resources to maintain the Coliseum, undermine the City of Portland’s goal of creating a world-class center for athletic events, conventions, trade shows and other events and otherwise result in economic rivalry injurious to the interests of the City of Portland and the citizens of this state.

(3) The Legislative Assembly declares that it is the policy and intent of this state to displace competition between the Arena and Coliseum by allowing the City of Portland to enter agreements for the joint operation of the facilities by an owner or operator of the Arena in order to further the following goals:

(a) To avoid economic rivalry which might undermine the continuing economic viability of the Coliseum and require the public to subsidize the operations of the Coliseum with funds which the City of Portland has allocated to other public needs;

(b) To allow the joint operation of the Coliseum and Arena to avoid scheduling conflicts and other related problems which would unduly burden public safety resources and the transportation system of the City of Portland;

(c) To encourage the joint marketing of the Arena and Coliseum to attract trade shows, conventions and other events which require multiple venues or could otherwise not be accommodated by the Coliseum or Arena;

(d) To avoid duplication of management and other services and minimize the public funds necessary to operate the Coliseum;

(e) To encourage development of the Arena adjacent to the Coliseum rather than in another location; and

(f) To limit financing risk and provide for development of the Arena with private funding sources so that public funds may be used for other pressing needs.

(4) The Legislative Assembly declares that the City of Portland is the political subdivision of the State of Oregon best suited to monitor and supervise the operation of the Coliseum Agreement. The Legislative Assembly therefore delegates to the City of Portland the power to supervise and review the activities of the owner or operator of the Arena under the Coliseum Agreement and declares that this review shall be equivalent to active supervision by the State of Oregon to the fullest possible extent under the federal or state antitrust laws. The City of Portland may, subject to any agreement with the owner or operator of the Arena, review and approve annually or more frequently certain practices under the Coliseum Agreement, including without limitation:

(a) Prices charged for Coliseum events;

(b) Decisions about event allocation between the Arena and Coliseum; and

(c) Decisions to decline to accommodate events at either the Coliseum or the Arena, or both. [1993 c.183 §2]

Source: Section 646.745 — Joint operation of Memorial Coliseum and Arena in Portland; definitions; legislative findings and goals; state supervision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.673 — OR Code / Title 50 / Chapter 646a / Section 646a.673
646A.673 Rules
Status: in_force

The Director of the Department of Consumer and Business Services may adopt rules to implement the provisions of ORS 646.639 (Unlawful collection practices) (4), 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) . [2017 c.625 §13]

Source: Section 646A.673 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.322 — OR Code / Title 50 / Chapter 646a / Section 646a.322
646A.322 Remedies
Status: in_force

(1) Intentionally left blank —Ed.

(a) A party to a retailer agreement that is aggrieved by the conduct of another party to the agreement under ORS 646A.310 (Prohibited conduct by supplier) , 646A.312 (Termination, cancellation or nonrenewal of retailer agreement) , 646A.314 (New or relocated dealership) , 646A.316 (Warranty claims) , 646A.318 (Warranty claims) or 646A.320 (Retailer’s improvements to products) may seek arbitration of the issues under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) . Unless the parties agree to different arbitration rules, the arbitration must be conducted pursuant to the commercial arbitration rules of the American Arbitration Association. If the parties agree, the arbitration is the parties’ only remedy and the findings and conclusions of the arbitrator or panel of arbitrators are binding upon the parties.

(b) The arbitrator or arbitrators may award the prevailing party:

(A) The costs of witness fees and other fees in the case;

(B) Reasonable attorney fees; and

(C) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.

(2) Notwithstanding subsection (1) of this section, a retailer has a civil cause of action in circuit court against a supplier for damages sustained by the retailer as a consequence of the supplier’s violation of ORS 646A.310 (Prohibited conduct by supplier) , 646A.312 (Termination, cancellation or nonrenewal of retailer agreement) , 646A.314 (New or relocated dealership) , 646A.316 (Warranty claims) , 646A.318 (Warranty claims) or 646A.320 (Retailer’s improvements to products) , together with:

(a) The actual costs of the action;

(b) Reasonable attorney fees; and

(c) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.

(3) A supplier bears the burden of proving that a retailer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support the retailer. The supplier’s proof must be in writing.

(4) The remedies set forth in this section are not exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section. [Formerly 646.459; 2015 c.563 §3]

Source: Section 646A.322 — Remedies; arbitration; cause of action; attorney fees; injunctive relief , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.815 — OR Code / Title 50 / Chapter 646 / Section 646.815
646.815 Criminal prosecutions
Status: in_force

Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for relief under ORS 646.760 (Civil penalties) , 646.770 (Equitable remedies) , 646.775 (Actions by Attorney General) or 646.780 (Recovery of treble damages) . [1975 c.255 §16(2),(3); 1999 c.552 §1; 2023 c.103 §6]

Source: Section 646.815 — Criminal prosecutions; compromise of criminal charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.710 — OR Code / Title 50 / Chapter 646a / Section 646a.710
646A.710 Foreclosure consulting contract
Status: reserved

(1) A written foreclosure consulting contract is required for any services that a foreclosure consultant provides to a homeowner. A foreclosure consultant shall provide a homeowner with a copy of the foreclosure consulting contract at least 24 hours before the homeowner signs the contract. The foreclosure consulting contract must:

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

(b) Fully disclose the nature and extent of the services the foreclosure consultant is to provide.

(c) Fully disclose the terms and total amount of any compensation the foreclosure consultant or a person working in association with the foreclosure consultant is to receive.

(d) Be dated and personally signed by the homeowner and the foreclosure consultant.

(e) Contain on the first page the name and address, facsimile number and electronic mail address of the foreclosure consultant to which a notice of cancellation may be delivered.

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

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

YOU MAY CANCEL THIS CONTRACT AT ANY TIME.

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

________ (name of foreclosure consultant) or any person working with ________ (name of foreclosure consultant) CANNOT ask you to sign or have you sign any lien, mortgage or deed that transfers an interest in your home or property to ________ (name of foreclosure consultant) or any person working with ________ (name of foreclosure consultant).

________ (name of foreclosure consultant) or any person working with ________ (name of foreclosure consultant) CANNOT guarantee you that they will be able to refinance your home or arrange for you to keep your home.

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

(2) A foreclosure consulting contract provision is void if the provision provides for the homeowner to:

(a) Waive any rights of the homeowner under ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant) ;

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

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

(d) Consent to venue in a county other than the county in which the residence in foreclosure or default is located; or

(e) Pay any costs or fees incurred by the foreclosure consultant to enforce the contract, other than court costs and filing fees incurred in a successful circuit court action. [2008 c.19 §4]

Source: Section 646A.710 — Foreclosure consulting contract; requirements; void provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.715 — OR Code / Title 50 / Chapter 647 / Section 647.715
647.715 Prohibited conduct
Status: in_force

A performing rights society or any agent or employee of a performing rights society may not:

(1) Enter onto the premises of a proprietor’s business to discuss or inquire about a contract under which the proprietor will pay royalties without first:

(a) Providing identification to the proprietor or the proprietor’s employees; and

(b) Specifying the purpose of the entry;

(2) Use abusive, profane or obscene language when communicating with a proprietor or the proprietor’s employees;

(3) Communicate with a proprietor or the proprietor’s employees in person or by telephone in locations or at times other than in the proprietor’s place of business during regular business hours unless the proprietor’s place of business is not open to the public and the proprietor or an employee, agent or representative of the proprietor agrees to communicate in a different location or at a different time;

(4) Communicate with a proprietor or the proprietor’s employees after receiving notice from the proprietor’s attorney that the performing rights society or an agent or employee of the performing rights society must address communications to the proprietor’s attorney, except that a performing rights society or an agent or employee of the performing rights society may communicate directly with the proprietor or the proprietor’s employees if the attorney fails to respond to communications for a period of 60 days or more;

(5) Engage in any coercive conduct, act or practice that is substantially disruptive to a proprietor’s business;

(6) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or

(7) Fail to comply with or fulfill the obligations imposed by ORS 647.705 (Requirements for performing rights societies) and 647.710 (Requirements for contracts for payment of royalties) . [1997 c.236 §4; 2018 c.28 §7]

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

Source: Section 647.715 — Prohibited conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646.775 — OR Code / Title 50 / Chapter 646 / Section 646.775
646.775 Actions by Attorney General
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Attorney General may bring a civil action in the name of the State of Oregon, on behalf of a public body or as parens patriae on behalf of a natural person for injury that the natural person or the state or the public body sustained to the natural person’s, the state’s or the public body’s property by reason of a violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) . In the action, the Attorney General may seek:

(A) Equitable relief, including disgorgement of any gains;

(B) Injunctive relief; and

(C) Monetary relief.

(b) The Attorney General may bring an action under this subsection regardless of whether the natural person, the state or the public body dealt directly or indirectly with the adverse party.

(c) Subject to paragraphs (d) and (e) of this subsection, the court shall award to the Attorney General on behalf of a natural person, the state or a public body three times the total damages that the natural person, the state or the public body sustained from the violation plus the Attorney General’s costs in bringing the action. The court may award to the Attorney General reasonable attorney fees and expert fees and costs of investigation if the Attorney General prevails in an action under this subsection.

(d) The court shall exclude from the amount of monetary relief awarded in an action under this subsection any amount of monetary relief:

(A) That duplicates amounts that have been awarded for the same injury; or

(B) That is properly allocable to natural persons who have excluded their claims pursuant to subsection (2)(b) of this section, or to any business entity.

(e) The court shall award to the Attorney General only the actual damages that the natural person, the state or the public body sustains if the Attorney General prevails solely on the basis of a judgment entered in a proceeding under 15 U.S.C. 1 to 45, or in another action by the state under ORS 646.760 (Civil penalties) , 646.770 (Equitable remedies) or 646.780 (Recovery of treble damages) , that is used as collateral estoppel against the defendant under ORS 646.805 (Effect of prior final judgment or decree) .

(f) The court may award reasonable attorney fees to a defendant that prevails in an action under this subsection if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(2) Intentionally left blank —Ed.

(a) In any action the Attorney General brings under subsection (1) of this section, the Attorney General shall, at the times, in the manner and with the content the court directs, give notice by publication. If the court finds that notice given solely by publication would deny due process of law to a natural person or a public body, the court may direct further notice to the natural person or public body according to the circumstances of the case.

(b) Any natural person or public body on whose behalf the Attorney General brings an action under subsection (1) of this section may elect to exclude from adjudication the portion of the claim for monetary relief attributable to the natural person or public body by filing notice of the election with the court within the time specified in the notice given pursuant to paragraph (a) of this subsection.

(c) The final judgment in an action under subsection (1) of this section is res judicata as to any claim any natural person or public body has in an action that the Attorney General brought on behalf of the natural person or the public body if the natural person or public body fails to give the notice specified in paragraph (b) of this subsection within the period specified in the notice the Attorney General gives under paragraph (a) of this subsection.

(3) An action under subsection (1) of this section may not be dismissed or compromised without the approval of the court, and the notice of any proposed dismissal or compromise must be given in the manner the court directs.

(4) In any action under subsection (1) of this section in which there has been a determination that a defendant agreed to fix prices in violation of ORS 646.725 (Prohibited acts) , damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation and pro rata allocation of illegal overcharges, or by any other reasonable system of estimating aggregate damages that the court in the court’s discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, the natural person or public body on whose behalf the Attorney General brought the action.

(5) Intentionally left blank —Ed.

(a) Monetary relief recovered in an action under subsection (1) of this section must be distributed in the manner the court in the court’s discretion may authorize, subject to the requirement that any distribution procedure adopted afford a reasonable opportunity to secure an appropriate portion of the net monetary relief to each natural person or public body on whose behalf the Attorney General brought the action.

(b) The Attorney General shall deposit that portion of the monetary relief the court awards as costs of the action and a reasonable attorney fee in the Department of Justice Protection and Education Revolving Account established pursuant to ORS 180.095 (Department of Justice Protection and Education Revolving Account) .

(c) To the extent that the monetary relief the court awards is not exhausted by distribution under paragraphs (a) and (b) of this subsection, the remaining funds are a civil penalty for the benefit of the state under ORS 646.760 (Civil penalties) .

(6) The powers granted in this section are in addition to and not in derogation of the common law powers of the Attorney General to act as parens patriae, or the powers of the Attorney General to sue as a representative party on behalf of a class under ORCP 32. [1979 c.790 §3; 1981 c.897 §82; 1995 c.696 §38; 2001 c.393 §1; 2009 c.820 §4; 2023 c.103 §4]

Source: Section 646.775 — Actions by Attorney General; damages; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.959 — OR Code / Title 50 / Chapter 646 / Section 646.959
646.959 Annual fee for metering instrument or device
Status: in_force

(1) Intentionally left blank —Ed.

(a) In addition to and not in lieu of the license fee required by ORS 618.141 (Maximum license fees) , each dealer that operates a metering instrument or device, other than a remote readout device, that is required to be licensed by ORS 618.121 (License required for commercially operated weighing or measuring instrument) and that is operated for measuring motor vehicle fuel shall pay to the State Department of Agriculture an annual fee for each instrument or device in accordance with the schedule set forth in paragraph (b) of this subsection. The dealer shall pay the fee required by this section at the same time that the dealer pays the licensing fee for the instrument or measuring device.

(b) A dealer shall pay the fee described in paragraph (a) of this subsection according to the following schedule:

(A) For each annual license period before July 1, 2016, $5.

(B) For the annual license period that begins on July 1, 2016, and ends on June 30, 2017, $6.

(C) For the annual license period that begins on July 1, 2017, and ends on June 30, 2018, $7.

(D) For the annual license period that begins on July 1, 2018, and ends on June 30, 2019, $9.

(E) For each annual license period that begins on and after July 1, 2019, $10.

(2) The department shall pay all moneys the department receives under this section into the Motor Vehicle Fuel Inspection Program Account.

(3) As used in this section, “remote readout device” means a console, cabinet, panel or instrument connected to or associated with a weighing or measuring device that indicates, displays or prints values of weight or measure at a location physically separate from the weighing or measuring device. [1997 c.310 §10; 1999 c.237 §3; 2015 c.448 §1]

Source: Section 646.959 — Annual fee for metering instrument or device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.032 — OR Code / Title 50 / Chapter 646a / Section 646a.032
646A.032 Price list for health spa services
Status: in_force

(1) Each health spa shall prepare and provide to each prospective buyer a written list of prices of all forms or plans of health spa services offered for sale by the health spa.

(2) A health spa may not sell any form or plan of health spa services not included in the list. [Formerly 646.666]

Source: Section 646A.032 — Price list for health spa services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.045 — OR Code / Title 50 / Chapter 647 / Section 647.045
647.045 Certificate of registration
Status: in_force

(1) Upon compliance by an applicant with the requirements of this chapter, the Secretary of State shall issue and deliver a certificate of registration to the applicant. The Secretary of State may issue as the certificate of registration a copy of the application marked with the word “filed.”

(2) The certificate of registration must show:

(a) The registrant’s name and business address. If the registrant is a corporation, the certificate must show the state of incorporation. If the registrant is a partnership, the certificate must show the state in which the partnership is organized and the names of the general partners. If the registrant is a limited liability company, the certificate must show the state in which the limited liability company was formed.

(b) The date the applicant claimed as the first use of the mark anywhere and the date claimed as the first use of the mark in this state.

(c) The class and description of the goods or services on or in connection with which the mark is used.

(d) A reproduction of the mark.

(e) The registration date and the term of registration.

(3) A certificate of registration issued by the Secretary of State under this chapter, or a copy of the certificate duly certified by the Secretary of State, is competent and sufficient proof of the registration of the mark in an action or proceeding brought in a court in this state. [1961 c.497 §4; 1965 c.511 §5; 1971 c.318 §4; 1985 c.728 §86; 2009 c.459 §9]

Source: Section 647.045 — Certificate of registration; contents; evidentiary effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 647.720 — OR Code / Title 50 / Chapter 647 / Section 647.720
647.720 Action for damages
Status: in_force

(1) Any person may bring an action to recover actual damages and reasonable attorney fees or seek an injunction or any other remedy available at law or in equity for a violation of ORS 647.705 (Requirements for performing rights societies) , 647.708 (Requirement for performing rights society to have authorization to do business in state) , 647.710 (Requirements for contracts for payment of royalties) or 647.715 (Prohibited conduct) .

(2) In addition to and not in lieu of any damages a person may recover under subsection (1) of this section, a court may impose a fine of not more than $1,000 for each willful violation of ORS 647.705 (Requirements for performing rights societies) , 647.708 (Requirement for performing rights society to have authorization to do business in state) , 647.710 (Requirements for contracts for payment of royalties) or 647.715 (Prohibited conduct) . [1997 c.236 §5; 2018 c.28 §8]

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

Source: Section 647.720 — Action for damages; injunction; fines , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.661 — OR Code / Title 50 / Chapter 646a / Section 646a.661
646A.661 Director’s supervisory authority
Status: in_force

(1) The Director of the Department of Consumer and Business Services has general supervisory authority and control over:

(a) Any person that engages in debt buying in this state; and

(b) Any person that had a license that the director withdrew, canceled, suspended, conditioned or revoked, if the person continues to engage in debt buying in this state.

(2) Intentionally left blank —Ed.

(a) The authority described in subsection (1) of this section includes the authority to examine a licensee or another person described in subsection (1) of this section at any time.

(b) The director may charge and collect from a licensee or a person the director examines under this section the costs the director incurs in conducting the examination.

(3) Books, accounts, papers, records, files, correspondence, contracts and agreements, memoranda, disclosures, documents and other information, material or evidence the director obtains in an examination under this section that concerns a debtor’s personal debt history or identifying information is confidential and subject to the provisions of ORS 705.137 (Information that is confidential or not subject to disclosure) .

(4) The director may investigate, in this state or another state, or initiate an administrative proceeding concerning the business activities of a licensee or person that engages in debt buying to determine whether the licensee or person has violated, is violating or is about to violate ORS 646.639 (Unlawful collection practices) (4) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) or a rule the director adopted or an order the director issued under ORS 646.639 (Unlawful collection practices) (4) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) . In the course of the investigation, the director may:

(a) Require the licensee or person to submit a statement concerning the subject of the investigation to the director in writing, under oath or otherwise;

(b) Compel witnesses to attend an investigation or proceeding, take evidence and require the licensee or person to produce books, accounts, papers, records, files, correspondence, contracts and agreements, memoranda, documents and other information, material or evidence the director deems relevant or material to the investigation or proceeding; and

(c) Interview and preserve testimony from a licensee’s or person’s directors, members, officers, managers, partners, controllers, employees, agents and customers, and any independent contractors associated with the licensee or person, concerning the licensee’s or person’s business practices and operations.

(5) Intentionally left blank —Ed.

(a) If the director has reasonable cause to believe, or determines after an investigation under subsection (4) of this section or after receiving a complaint from a debtor or another person, that a licensee or person that engages in debt buying may have violated ORS 646.639 (Unlawful collection practices) , the director shall notify the Attorney General and may refer all of the information the director gathered to the Department of Justice.

(b) If the Attorney General or the Department of Justice do not respond within 45 days after the date of a notice under paragraph (a) of this subsection or decline to undertake an enforcement action, the director may enforce the provisions of ORS 646.639 (Unlawful collection practices) .

(c) The Attorney General shall inform the director if the Department of Justice elects to enforce ORS 646.639 (Unlawful collection practices) .

(d) This subsection does not preclude:

(A) The Attorney General from representing the director in any action to enforce ORS 646.639 (Unlawful collection practices) ; or

(B) The Attorney General and the director from sharing information, coordinating efforts or otherwise cooperating or collaborating in actions to enforce ORS 646.639 (Unlawful collection practices) .

(6) The director may charge and collect from a licensee or a person the director investigates under this section reasonable costs the director incurs in conducting the investigation, initiating or conducting a proceeding or otherwise enforcing the provisions of ORS 646.639 (Unlawful collection practices) or ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) .

(7) Intentionally left blank —Ed.

(a) The director may consult and cooperate with a national nonprofit trade association that certifies debt buyers according to an industry-recognized standard for properly managing purchased debt. The director may consult and cooperate with the trade association in areas of mutual interest including, but not limited to, determining industry standards and recognizing violations with which the trade association is familiar.

(b) In addition to consulting and cooperating with a trade association as provided in paragraph (a) of this subsection, the director may consult and cooperate with members of the public. [2017 c.625 §10]

Source: Section 646A.661 — Director’s supervisory authority; examinations and investigations; referral to Attorney General; costs of examination or investigation; consultation and cooperation with trade association and members of public , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.017 — OR Code / Title 50 / Chapter 648 / Section 648.017
648.017 Renewal of registration
Status: in_force

(1) A registrant must apply to renew a registration of an assumed business name within 30 days before the second anniversary of the date that the Secretary of State registered the assumed business name and each second anniversary thereafter. The registrant must apply to the Office of the Secretary of State for renewal of the registration and submit with the renewal a renewal fee. The application for renewal must include all identifying information required by rule of the Secretary of State. Failure to apply for renewal and pay the required fee is grounds for administrative cancellation of the registration.

(2) Not less than 30 days before the application for renewal is due, the Secretary of State shall notify each authorized representative of the requirement to apply for renewal. The notice shall indicate the date by which the renewal application must be submitted, and shall include the renewal application. The notice shall state that if the registrant fails to submit the renewal application and renewal fee on or before the renewal deadline, the registration of the assumed business name will be canceled without further notice.

(3) If the Secretary of State finds that the application for renewal conforms to the requirements of this section, and all fees have been paid, the Secretary of State shall renew the registration. [1969 c.154 §6; 1977 c.78 §6; 1981 c.633 §75; 1985 c.728 §98; 1987 c.94 §161]

Source: Section 648.017 — Renewal of registration; fee; contents of application; rules; effect of failure to renew; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 650.145 — OR Code / Title 50 / Chapter 650 / Section 650.145
650.145 Compensation due dealer upon termination of franchise
Status: in_force

(1) As used in subsection (2) of this section, “fair and reasonable compensation” means the amount a dealer originally paid for vehicles minus any incentive payments, model close-out allowances or any other programs that apply to the vehicles.

(2) A manufacturer, distributor or importer that terminates, cancels, fails to renew or discontinues a franchise shall pay or allow a dealer fair and reasonable compensation for:

(a) All new vehicles manufactured in the current calendar year and any subsequent calendar year in the motor vehicle inventory the dealer purchased from the manufacturer, distributor or importer that were not materially altered, substantially damaged or driven for more than 300 miles;

(b) All new vehicles in the motor vehicle inventory that were not materially altered or substantially damaged, if the vehicles:

(A) Have a gross vehicle weight rating of less than 8,500 pounds and were:

(i) Driven for not more than 300 miles;

(ii) Purchased directly from the manufacturer, distributor or importer within one year of the effective date of the termination, cancellation, nonrenewal or discontinuance; and

(iii) Paid for or drafted on the dealer’s financing source; or

(B) Have a gross vehicle weight rating of 8,500 pounds or more and were:

(i) Driven for not more than 3,500 miles;

(ii) Purchased directly from the manufacturer, distributor or importer within one year of the effective date of the termination, cancellation, nonrenewal or discontinuance; and

(iii) Paid for or drafted on the dealer’s financing source;

(c) Supplies and parts inventory that the dealer purchased from the manufacturer, distributor or importer and that are listed in the manufacturer’s, distributor’s or importer’s current parts catalog;

(d) Equipment, furnishings and signs that the manufacturer, distributor or importer required the dealer to purchase and that were not materially altered, or substantially damaged or depreciated by more than 50 percent of the original value;

(e) Special tools required by the manufacturer that the dealer purchased from the manufacturer, distributor or importer within three years of the date of termination, cancellation, nonrenewal or discontinuance and that were not materially altered, or substantially damaged or depreciated by more than 50 percent of the original value; and

(f) The lesser of one year’s lease payments or the reasonable amount remaining due on a lease or contract for a management computer system that the manufacturer, distributor or importer required the dealer to use, if the dealer will no longer use the management computer system because the manufacturer, distributor or importer terminated, canceled, failed to renew or discontinued the dealer’s franchise.

(3) This section does not modify a manufacturer’s, distributor’s or importer’s contractual right of setoff.

(4) In addition to any other payments required under this section, a manufacturer, distributor or importer, after terminating, canceling, failing to renew or discontinuing a dealer’s franchise, shall pay to the dealer a sum equal to the current, fair rental value of the dealer’s established place of business for a period of one year after the effective date of termination, cancellation, nonrenewal or discontinuance, or a sum equal to the current, fair rental value for the remaining period of the dealer’s lease, whichever is less.

(5) Subsection (4) of this section applies only to the extent that a dealer uses the dealer’s established place of business to perform sales and service obligations under the manufacturer’s, distributor’s or importer’s franchise agreement.

(6) A manufacturer, distributor or importer need not make the payment described in subsection (4) of this section if the dealer terminates, cancels, fails to renew or discontinues the franchise.

(7) This section does not relieve a new motor vehicle dealer, lessor or other owner of an established place of business from an obligation to mitigate damages.

(8) If a manufacturer, distributor or importer terminates, cancels, fails to renew or discontinues a dealer’s franchise because the manufacturer, distributor or importer has terminated a line-make, the manufacturer, distributor or importer shall compensate the dealer for expenses the dealer incurred within two years before the termination date of the line-make to finish constructing, altering or remodeling the dealer’s facility to meet the manufacturer’s, distributor’s or importer’s requirements for participating in an incentive program. For the purposes of this subsection:

(a) A dealer finishes constructing, altering or remodeling the dealer’s facility when the manufacturer, distributor or importer gives final written approval of the construction, alteration or remodeling or the dealer receives a certificate of occupancy, whichever is later; and

(b) Expenses the dealer incurred to finish constructing, altering or remodeling the dealer’s facility are the actual costs the dealer incurred, less:

(A) Any assistance the dealer received from the manufacturer, distributor or importer within two years before the termination date of the line-make for constructing, altering or remodeling the dealer’s facility to meet the manufacturer’s, distributor’s or importer’s requirements for participating in an incentive program; and

(B) An amount for depreciation equivalent to one thirty-ninth of the total cost of the construction, alteration or remodeling per year, beginning in the year after the dealer finishes the construction, altering or remodeling, in accordance with applicable provisions of the Internal Revenue Code. [1989 c.716 §2; 2001 c.216 §3; 2007 c.71 §203; 2009 c.627 §1; 2015 c.584 §3]

Source: Section 650.145 — Compensation due dealer upon termination of franchise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.638 — OR Code / Title 50 / Chapter 646 / Section 646.638
646.638 Civil action by private party
Status: in_force

(1) Except as provided in subsections (8) and (9) of this section, a person that suffers an ascertainable loss of money or property, real or personal, as a result of another person’s willful use or employment of a method, act or practice declared unlawful under ORS 646.608 (Additional unlawful business, trade practices) , may bring an individual action in an appropriate court to recover actual damages or statutory damages of $200, whichever is greater. The court or the jury may award punitive damages and the court may provide any equitable relief the court considers necessary or proper.

(2) A person that brings an action under subsection (1) of this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences and, upon entry of any judgment in the action, shall mail a copy of the judgment to the Attorney General. Failure to mail a copy of the complaint is not a jurisdictional defect, but a court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by affidavit or by return receipt of mailing.

(3) The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing defendant only if the court finds that an objectively reasonable basis for bringing the action or asserting the ground for appeal did not exist.

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

(5) Any permanent injunction or final judgment or order the court makes under ORS 646.632 (Enjoining unlawful trade practices) or 646.636 (Remedial power of court) is prima facie evidence in an action brought under this section that the respondent used or employed a method, act or practice declared unlawful under ORS 646.608 (Additional unlawful business, trade practices) , but an assurance of voluntary compliance, whether or not approved by the court, is not evidence of the violation.

(6) Actions brought under this section must be commenced within one year after the discovery of the unlawful method, act or practice. Notwithstanding this limitation, if a prosecuting attorney filed a complaint to prevent, restrain or punish a violation of ORS 646.608 (Additional unlawful business, trade practices) , the complaint tolls the statute of limitations with respect to every private right of action under this section that is based in whole or in part on any matter set forth in the prosecuting attorney’s complaint for the period of time in which the proceeding that the prosecuting attorney initiated is pending.

(7) Notwithstanding subsection (6) of this section, in any action that a seller or lessor brings against a purchaser or lessee of real estate, goods or services, the purchaser or lessee may assert any counterclaim that the purchaser or lessee has arising out of a violation of ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) .

(8) A class action may be maintained under this section. In any class action under this section:

(a) Statutory damages under subsection (1) of this section may be recovered on behalf of class members only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method, act or practice declared unlawful by ORS 646.608 (Additional unlawful business, trade practices) ;

(b) The trier of fact may award punitive damages; and

(c) The court may award appropriate equitable relief.

(9) This section does not apply to:

(a) Any method, act or practice described in ORS 646.608 (Additional unlawful business, trade practices) (1)(aa). Actions for violation of laws relating to odometers are provided under ORS 815.410 (Illegal odometer tampering) and 815.415 (Unlawful repair of odometer) .

(b) A violation of ORS 86.726 (Resolution conference for foreclosure) (1)(a) or (2), 86.729 (Scheduling and notice for resolution conference) (4) or 86.732 (Attendance at resolution conference) (1) or (2). [1971 c.744 §13; 1973 c.235 §5; 1975 c.437 §4; 1977 c.195 §9; 1981 c.897 §78; 1985 c.251 §10b; 1995 c.696 §35; 2001 c.917 §3; 2001 c.924 §§16,18; 2005 c.42 §§3,4; 2009 c.327 §1; 2009 c.552 §6; 2013 c.304 §14]

Source: Section 646.638 — Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.720 — OR Code / Title 50 / Chapter 646a / Section 646a.720
646A.720 Prohibited acts of foreclosure consultant
Status: in_force

A foreclosure consultant may not:

(1) Claim, demand, charge, collect or receive any compensation from a homeowner unless the foreclosure consultant has performed in good faith under the contract:

(a) Each service the foreclosure consultant contracted to perform for the homeowner; or

(b) Each service to be compensated, prior to the homeowner canceling or breaching the contract.

(2) Claim, demand, charge, collect or receive interest or other compensation that exceeds nine percent per year on any services performed, any loan by the foreclosure consultant to the homeowner or any moneys paid or advanced to the homeowner under the foreclosure consulting contract.

(3) Take a wage assignment, lien on real or personal property or other security for the payment of compensation.

(4) Receive consideration from a third party in connection with services provided by a foreclosure consultant to a homeowner, unless the consideration is first fully disclosed in writing to the homeowner.

(5) Directly or indirectly acquire an interest in a residence in foreclosure or default transferred by a homeowner with whom the foreclosure consultant has contracted, including any interest transferred to or through a member of the foreclosure consultant’s family or to or through a subsidiary, affiliate or related entity in which the foreclosure consultant or a member of the foreclosure consultant’s family is a primary member, shareholder or owner.

(6) Receive compensation from a third party for facilitating or arranging for entry into an equity conveyance as defined in ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) by a homeowner with whom the foreclosure consultant has contracted.

(7) Facilitate or arrange for entry into an equity conveyance as defined in ORS 646A.725 (Definitions for ORS 646A.725 to 646A.750) by a homeowner with whom the foreclosure consultant has contracted, if the foreclosure consultant knows or should know that the equity purchaser has failed to comply with ORS 646A.735 (Written contract) (1).

(8) Take a power of attorney from a homeowner except for the purpose of obtaining or inspecting documents.

(9) Induce or attempt to induce any homeowner to enter into a foreclosure consulting contract that does not comply in all respects with ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant) .

(10) Directly or by implication make a statement or engage in conduct that is false, deceptive, misleading or likely to cause confusion or misunderstanding regarding a:

(a) Foreclosure consultant service;

(b) Foreclosure consulting contract; or

(c) Residence in foreclosure or default. [2008 c.19 §6]

Source: Section 646A.720 — Prohibited acts of foreclosure consultant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.035 — OR Code / Title 50 / Chapter 645 / Section 645.035
645.035 Commodity merchant required to comply with federal law
Status: in_force

(1) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person:

(a) Is registered or temporarily licensed with the federal Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant; or

(b) Is exempt from such registration by virtue of the federal Commodity Exchange Act or rules adopted by the federal Commodity Futures Trading Commission.

(2) No board of trade shall trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the federal Commodity Futures Trading Commission unless such board of trade is so designated for such commodity contract or commodity option. [1987 c.148 §7]

Source: Section 645.035 — Commodity merchant required to comply with federal law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646a.156 — OR Code / Title 50 / Chapter 646a / Section 646a.156
646A.156 Required contents of service contracts
Status: in_force

A service contract issued, sold or offered for sale in this state shall meet the following requirements:

(1) The service contract shall be written in clear, understandable language.

(2) The service contract shall identify the obligor and the service contract seller.

(3) If prior approval of repair work is required, the service contract shall state the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining reimbursement for emergency repairs performed outside of normal business hours.

(4) The service contract shall conspicuously state the existence of any deductible amount.

(5) The service contract shall specify the merchandise covered, services to be provided and any limitations, exceptions or exclusions.

(6) The service contract shall state any terms, restrictions or conditions governing the transferability of the service contract by the service contract holder.

(7) The service contract shall state the terms, restrictions or conditions governing termination of the service contract by the service contract holder. [Formerly 646.269]

Source: Section 646A.156 — Required contents of service contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.589 — OR Code / Title 50 / Chapter 646a / Section 646a.589
646A.589 Investigative demand by Attorney General
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Attorney General may serve an investigative demand upon any person that possesses, controls or has custody of any information, document or other material that the Attorney General determines is relevant to an investigation of a violation of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) or that could lead to a discovery of relevant information. An investigative demand may require the person to:

(A) Appear and testify under oath at the time and place specified in the investigative demand;

(B) Answer written interrogatories; or

(C) Produce relevant documents or physical evidence for examination at the time and place specified in the investigative demand.

(b) The Attorney General shall serve an investigative demand under this section in the manner provided in ORS 646.622 (Method of serving investigative demand) . The Attorney General may enforce the investigative demand as provided in ORS 646.626 (Effect of failure to obey investigative demand) .

(2) Intentionally left blank —Ed.

(a) An attorney may accompany, represent and advise in confidence a person that appears in response to a demand under subsection (1)(a)(A) of this section. The person may refuse to answer any question on constitutional grounds or on the basis of any other legal right or privilege, including protection against self-incrimination, but must answer any other question that is not subject to the right or privilege. If the person refuses to answer a question on grounds that the answer would be self-incriminating, the Attorney General may compel the person to testify as provided in ORS 136.617 (Motion to compel witness who may be incriminated to testify) .

(b) The Attorney General shall exclude from the place in which the Attorney General conducts an examination under this subsection all persons other than the person the Attorney General is examining, the person’s attorney, the officer before which the person gives the testimony and any stenographer recording the testimony.

(3) Intentionally left blank —Ed.

(a) The Attorney General shall hold in confidence and may not disclose to any person any documents, including data protection assessments, answers to interrogatories and transcripts of oral testimony, except that the Attorney General may disclose the documents to:

(A) The person that provided the documents or the oral testimony;

(B) The attorney or representative of the person that provided the documents or oral testimony;

(C) Employees of the Attorney General; or

(D) An official of the United States or of any state who is authorized to enforce federal or state consumer protection laws if the Attorney General first obtains a written agreement from the official in which the official agrees to abide by the confidentiality requirements of this subsection.

(b) The Attorney General may use any of the materials described in paragraph (a) of this subsection in any investigation the Attorney General conducts under this section or in any action or proceeding the Attorney General brings or initiates in a court or before an administrative agency in connection with the investigation.

(4) Intentionally left blank —Ed.

(a) The Attorney General may bring an action to seek a civil penalty of not more than $7,500 for each violation of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) or to enjoin a violation or obtain other equitable relief. The Attorney General shall bring the action in the circuit court for Multnomah County or the circuit court of a county where any part of the violation occurred.

(b) A court may award reasonable attorney fees, expert witness fees and costs of investigation to the Attorney General if the Attorney General prevails in an action under this subsection. The court may award reasonable attorney fees to a defendant that prevails in an action under this subsection if the court finds that the Attorney General had no objectively reasonable basis for asserting the claim or for appealing an adverse decision of the trial court.

(c) The Attorney General shall deposit the proceeds of any recovery under this subsection into the Department of Justice Protection and Education Revolving Account, as provided in ORS 180.095 (Department of Justice Protection and Education Revolving Account) .

(5) Before bringing an action under subsection (4) of this section, the Attorney General shall notify a controller of a violation of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) if the Attorney General determines that the controller can cure the violation. If the controller fails to cure the violation within 30 days after receiving the notice of the violation, the Attorney General may bring the action without further notice.

(6) The Attorney General shall bring an action under subsection (4) of this section within five years after the date of the last act of a controller that constituted the violation for which the Attorney General seeks relief.

(7) The remedies available to the Attorney General under subsection (4) of this section are in addition to and not in lieu of any other relief available to the Attorney General or another person under other applicable provisions of law. A claim available under another provision of law may be joined to the Attorney General’s claim under subsection (4) of this section.

(8) The Attorney General has exclusive authority to enforce the provisions of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) . ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) , or any other laws of this state, do not create a private right of action to enforce a violation of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) . [2023 c.369 §9]

Note: 646A.589 (Investigative demand by Attorney General) becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.

Note: The amendments to 646A.589 (Investigative demand by Attorney General) by section 11, chapter 369, Oregon Laws 2023, become operative January 1, 2026. See section 15, chapter 369, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

646A.589 (Investigative demand by Attorney General) . (1)(a) The Attorney General may serve an investigative demand upon any person that possesses, controls or has custody of any information, document or other material that the Attorney General determines is relevant to an investigation of a violation of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) or that could lead to a discovery of relevant information. An investigative demand may require the person to:

(A) Appear and testify under oath at the time and place specified in the investigative demand;

(B) Answer written interrogatories; or

(C) Produce relevant documents or physical evidence for examination at the time and place specified in the investigative demand.

(b) The Attorney General shall serve an investigative demand under this section in the manner provided in ORS 646.622 (Method of serving investigative demand) . The Attorney General may enforce the investigative demand as provided in ORS 646.626 (Effect of failure to obey investigative demand) .

(2) Intentionally left blank —Ed.

(a) An attorney may accompany, represent and advise in confidence a person that appears in response to a demand under subsection (1)(a)(A) of this section. The person may refuse to answer any question on constitutional grounds or on the basis of any other legal right or privilege, including protection against self-incrimination, but must answer any other question that is not subject to the right or privilege. If the person refuses to answer a question on grounds that the answer would be self-incriminating, the Attorney General may compel the person to testify as provided in ORS 136.617 (Motion to compel witness who may be incriminated to testify) .

(b) The Attorney General shall exclude from the place in which the Attorney General conducts an examination under this subsection all persons other than the person the Attorney General is examining, the person’s attorney, the officer before which the person gives the testimony and any stenographer recording the testimony.

(3) Intentionally left blank —Ed.

(a) The Attorney General shall hold in confidence and may not disclose to any person any documents, including data protection assessments, answers to interrogatories and transcripts of oral testimony, except that the Attorney General may disclose the documents to:

(A) The person that provided the documents or the oral testimony;

(B) The attorney or representative of the person that provided the documents or oral testimony;

(C) Employees of the Attorney General; or

(D) An official of the United States or of any state who is authorized to enforce federal or state consumer protection laws if the Attorney General first obtains a written agreement from the official in which the official agrees to abide by the confidentiality requirements of this subsection.

(b) The Attorney General may use any of the materials described in paragraph (a) of this subsection in any investigation the Attorney General conducts under this section or in any action or proceeding the Attorney General brings or initiates in a court or before an administrative agency in connection with the investigation.

(4) Intentionally left blank —Ed.

(a) The Attorney General may bring an action to seek a civil penalty of not more than $7,500 for each violation of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) or to enjoin a violation or obtain other equitable relief. The Attorney General shall bring the action in the circuit court for Multnomah County or the circuit court of a county where any part of the violation occurred.

(b) A court may award reasonable attorney fees, expert witness fees and costs of investigation to the Attorney General if the Attorney General prevails in an action under this subsection. The court may award reasonable attorney fees to a defendant that prevails in an action under this subsection if the court finds that the Attorney General had no objectively reasonable basis for asserting the claim or for appealing an adverse decision of the trial court.

(c) The Attorney General shall deposit the proceeds of any recovery under this subsection into the Department of Justice Protection and Education Revolving Account, as provided in ORS 180.095 (Department of Justice Protection and Education Revolving Account) .

(5) The Attorney General shall bring an action under subsection (4) of this section within five years after the date of the last act of a controller that constituted the violation for which the Attorney General seeks relief.

(6) The remedies available to the Attorney General under subsection (4) of this section are in addition to and not in lieu of any other relief available to the Attorney General or another person under other applicable provisions of law. A claim available under another provision of law may be joined to the Attorney General’s claim under subsection (4) of this section.

(7) The Attorney General has exclusive authority to enforce the provisions of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) . ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) , or any other laws of this state, do not create a private right of action to enforce a violation of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) .

Note: Section 13, chapter 369, Oregon Laws 2023, provides:

Sec. 13. Sections 1 to 9 of this 2023 Act [ 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) ] do not apply before July 1, 2025, to the activities of an organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code. [2023 c.369 §13]

Source: Section 646A.589 — Investigative demand by Attorney General; representation by counsel; confidentiality of proceedings and materials; action to impose civil penalty or obtain injunction; amount of civil penalty; notice of violation; time limit on action; Attorney General’s exclusive authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.360 — OR Code / Title 50 / Chapter 650 / Section 650.360
650.360 Coercion prohibited
Status: in_force

(1) As used in this section, “coerce” includes threatening to terminate, cancel or fail to renew a dealership agreement without good cause.

(2) A grantor may not coerce, or attempt to coerce, a dealer:

(a) To purchase a product that the dealer did not order;

(b) To enter into an agreement with the grantor; or

(c) To take any action that is unfair to the dealer.

(3) A grantor may not require a dealer to enter into an agreement that requires the dealer to submit to binding arbitration. [2003 c.377 §7]

Source: Section 650.360 — Coercion prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 650.200 — OR Code / Title 50 / Chapter 650 / Section 650.200
650.200 Definitions for ORS 650.200 to 650.250
Status: in_force

As used in ORS 650.200 (Definitions for ORS 650.200 to 650.250) to 650.250 (Injunctive relief or damages) , unless the context requires otherwise:

(1) “Affiliate” means any person who, other than by means of a franchise, controls, is controlled by or is under common control with any other person.

(2) “Company operated station” means a motor fuel service station operated by a franchisor with employees of the franchisor or by a commission manager of the franchisor for the sale of motor fuel to the general public for ultimate consumption.

(3) “Contract” means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels.

(4) “Control” means the direct or indirect ownership of or the right to exercise a directing influence over more than 50 percent of the beneficial interest in any person.

(5) Intentionally left blank —Ed.

(a) “Franchise” means any contract:

(A) Between a refiner and a motor fuel distributor;

(B) Between a refiner and a motor fuel retailer;

(C) Between a motor fuel distributor and another motor fuel distributor; or

(D) Between a motor fuel distributor and a motor fuel retailer,

under which a refiner or motor fuel distributor authorizes or permits a motor fuel retailer or motor fuel distributor to use, in connection with the sale, consignment or distribution of motor fuel, a trademark which is owned or controlled by such refiner or motor fuel distributor or by a refiner which supplies motor fuel to the motor fuel distributor which authorizes or permits such use.

(b) “Franchise” includes:

(A) Any contract under which a motor fuel retailer or motor fuel distributor is authorized or permitted to occupy leased marketing premises, to be employed in connection with the sale, consignment or distribution of motor fuel under a trademark which is owned or controlled by such refiner or motor fuel distributor or by a refiner which supplies motor fuel to the motor fuel distributor which authorizes or permits such occupancy;

(B) Any contract pertaining to the supply of motor fuel which is to be sold, consigned or distributed under a trademark owned or controlled by a refiner or motor fuel distributor or under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, motor fuel was sold, consigned or distributed under a trademark owned and controlled on such date by a refiner or motor fuel distributor; and

(C) The unexpired portion of any franchise, as defined in this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provisions of law which permits such transfer or assignment without regard to any provision of the franchise.

(6) “Franchise relationship” means the respective motor fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of motor fuel under a franchise.

(7) “Franchisee” means a motor fuel retailer or motor fuel distributor who is authorized or permitted under a franchise to use a trademark in connection with the sale, consignment or distribution of motor fuel.

(8) “Franchisor” means a refiner or motor fuel distributor who, under a franchise, authorizes or permits a retailer or motor fuel distributor to use a trademark in connection with the sale, consignment or distribution of motor fuel.

(9) “Leased marketing premises” means marketing premises owned, leased or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment or distribution of motor fuel.

(10) “Marketing premises” means in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment or distribution of motor fuel.

(11) “Motor fuel” means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads and highways.

(12) “Motor fuel distributor” means any person, including any affiliate of such person, who:

(a) Purchases motor fuel for sale, consignment or distribution to another; or

(b) Receives motor fuel on consignment for distribution to the distributor’s own motor fuel accounts or to accounts of the distributor’s supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier or who receives motor fuel on consignment for sale to the general public for ultimate consumption.

(13) “Motor fuel retailer” means any person who purchases motor fuel for sale to the general public for ultimate consumption.

(14) “Refiner” means any person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of such person. [1987 c.917 §1]

Source: Section 650.200 — Definitions for ORS 650.200 to 650.250 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 650.055 — OR Code / Title 50 / Chapter 650 / Section 650.055
650.055 General duties and powers of director
Status: in_force

The Director of the Department of Consumer and Business Services may:

(1) Undertake the investigations, including investigations outside this state, that the director considers necessary to:

(a) Determine whether a person:

(A) Has failed to comply with ORS 650.010 (Franchise sellers required to maintain books and records) ;

(B) Has engaged in, is engaging in or is about to engage in an act or practice that would give rise to liability under ORS 650.020 (Liability of franchise seller) ; or

(C) Has violated, is violating or is about to violate a rule of the director adopted under ORS 650.050 (Rules) .

(b) Aid in the enforcement of ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) or in the formulation of rules and forms that carry out ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) .

(2) Require a person to file a statement in writing, under oath or otherwise, concerning the matter being investigated.

(3) When the director has reason to believe that a person has failed to comply with ORS 650.010 (Franchise sellers required to maintain books and records) , issue an order to comply.

(4) When the director has reason to believe that a person has engaged in, is engaging in or is about to engage in an act or practice that would give rise to liability under ORS 650.020 (Liability of franchise seller) , issue an order to cease and desist from the act or practice.

(5) When the director has reason to believe that a person has violated, is violating or is about to violate a rule of the director adopted under ORS 650.050 (Rules) , issue an order to cease and desist from the violation.

(6) Publish information concerning any:

(a) Failure to comply with ORS 650.010 (Franchise sellers required to maintain books and records) ;

(b) Act or practice that gives rise to liability under ORS 650.020 (Liability of franchise seller) ;

(c) Violation of a rule of the director adopted under ORS 650.050 (Rules) ; or

(d) Person who:

(A) Fails to comply with ORS 650.010 (Franchise sellers required to maintain books and records) ;

(B) Commits an act or practice that gives rise to liability under ORS 650.020 (Liability of franchise seller) ; or

(C) Violates a rule of the director adopted under ORS 650.050 (Rules) . [1973 c.509 §6; 2005 c.339 §1]

Source: Section 650.055 — General duties and powers of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.418 — OR Code / Title 50 / Chapter 646a / Section 646a.418
646A.418 Remedies supplementary to existing statutory or common law remedies
Status: in_force

Nothing in ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) shall not be available insofar as it would result in recovery in excess of the recovery authorized by ORS 646A.404 (Consumer’s remedies) without proof of fault resulting in damages in excess of such recovery. [Formerly 646.375]

Source: Section 646A.418 — Remedies supplementary to existing statutory or common law remedies; election of remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.346 — OR Code / Title 50 / Chapter 646a / Section 646a.346
646A.346 Damages
Status: in_force

Upon proof by a preponderance of evidence that a mail agent has failed to satisfy any of the mail agent’s duties set forth in ORS 646A.342 (Prohibited conduct) , the mail agent shall be liable for actual damages caused to any person who sent United States mail or materials received from or delivered by a private express carrier addressed to a fictitious person at any tenant’s mailbox and who is damaged because the person who sent the United States mail or materials received from or delivered by a private express carrier is unable to identify the tenant. A mail agent’s liability under this section shall not exceed $1,000 per occurrence. [Formerly 646.235]

Source: Section 646A.346 — Damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.486 — OR Code / Title 50 / Chapter 646a / Section 646a.486
646A.486 Prohibited actions if estimate exceeds $200
Status: in_force

(1) Except as provided in subsection (2) of this section, a vehicle repair shop may not take any of the following actions if an estimate prepared under ORS 646A.482 (Estimate required before beginning work) shows that taking the action will cost the owner or the owner’s designee more than $200:

(a) Evaluate the condition of a motor vehicle.

(b) Disassemble all or a portion of a motor vehicle or remove parts or components of a motor vehicle in order to evaluate the condition of the motor vehicle.

(c) Perform labor or replace or recondition a part in order to:

(A) Repair a motor vehicle; or

(B) Maintain the motor vehicle in or restore the motor vehicle to an operable condition or a condition that conforms with an identified or recognized standard.

(d) Use a work method or procedure, perform a task or labor or replace a part in a manner that differs from the method, procedure, task, labor or part described or identified in the estimate, if the change increases the cost specified in the estimate by more than 10 percent or by more than $200, whichever amount is less.

(2) A vehicle repair shop shall obtain a separate authorization from the owner or the owner’s designee before taking an action described in subsection (1) of this section. After consulting with the owner or owner’s designee, the vehicle repair shop shall:

(a) Cross out, remove from or otherwise indicate on the estimate prepared under ORS 646A.482 (Estimate required before beginning work) the work the vehicle repair shop will not perform on the motor vehicle and recalculate and display on the estimate the cost of work the vehicle repair shop will perform before obtaining authorization or assent from the owner or owner’s designee; or

(b) Prepare a new estimate in accordance with ORS 646A.482 (Estimate required before beginning work) and void the previous estimate before obtaining authorization or assent from the owner or owner’s designee.

(3) The vehicle repair shop may obtain authorization or assent by any of the following means:

(a) Obtaining the signature of the owner or owner’s designee under a statement printed on the estimate that authorizes the action.

(b) Obtaining the oral assent of the owner or owner’s designee by telephone. The vehicle repair shop shall provide the owner or owner’s designee with all material information shown on the estimate and shall note on the estimate the name and telephone number of the person that gives the assent and the date and time of the call.

(c) Receiving by facsimile, electronic mail or other electronic means a written message that authorizes the work. A facsimile message must display the signature of the person that gives the authorization and the date and time of transmission. An electronic mail or other electronic message must show the name of the person that gives the authorization and the date and time of transmission. The vehicle repair shop shall attach the facsimile or a printout of the electronic mail or other electronic message to a copy of the estimate. [2009 c.133 §3]

Source: Section 646A.486 — Prohibited actions if estimate exceeds $200; revision of estimate; methods to obtain owner authorization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.618 — OR Code / Title 50 / Chapter 646 / Section 646.618
646.618 Investigative demand
Status: in_force

(1) Except as provided in ORS 646.633 (Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services) , when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 (Unlawful business, trade practices) or 646.608 (Additional unlawful business, trade practices) , the prosecuting attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify, to answer written interrogatories, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, or to do any of the foregoing, concerning conduct of any trade or commerce which is the subject matter of the investigation.

(2) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court. [1971 c.744 §14; 1973 c.235 §3; 1977 c.195 §6; 2010 c.94 §3]

Source: Section 646.618 — Investigative demand; petition to modify , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.609 — OR Code / Title 50 / Chapter 646 / Section 646.609
646.609 “Pyramid club” and “investment” defined
Status: in_force

As used in ORS 646.608 (Additional unlawful business, trade practices) (1)(r), “pyramid club” means a sales device whereby a person, upon condition that the person make an investment, is granted a license or right to solicit or recruit for economic gain one or more additional persons who are also granted such license or right upon condition of making an investment and who may further perpetuate the chain of persons who are granted such license or right upon such condition. “Pyramid club” also includes any such sales device which does not involve the sale or distribution of any real estate, goods or services, including but not limited to a chain letter scheme. A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for such license or right to recruit or solicit or the receipt of economic gain therefrom, does not change the identity of the scheme as a pyramid club. As used herein, “investment” means any acquisition, for a consideration other than personal services, of property, tangible or intangible, and includes without limitation, franchises, business opportunities and services. It does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale. For the purpose of ORS 646.608 (Additional unlawful business, trade practices) (1)(r), any person who organizes or induces or attempts to induce membership in a pyramid club is acting in the course of the person’s business, vocation or occupation. [1973 c.513 §3; 1981 c.379 §1]

Source: Section 646.609 — “Pyramid club” and “investment” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 647.140 — OR Code / Title 50 / Chapter 647 / Section 647.140
647.140 Trademark counterfeiting in third degree
Status: in_force

(1) A person commits the crime of trademark counterfeiting in the third degree if the person commits trademark counterfeiting as described in ORS 647.135 (Trademark counterfeiting) and:

(a) The total number of items bearing the counterfeit mark is not more than 100; or

(b) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is not more than $1,000.

(2) Trademark counterfeiting in the third degree is a Class A misdemeanor. Notwithstanding ORS 161.655 (Fines for corporations) , if the person convicted under this section is a corporation, the maximum fine that may be imposed is $100,000. [1999 c.722 §3]

Source: Section 647.140 — Trademark counterfeiting in third degree; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.696 — OR Code / Title 50 / Chapter 646a / Section 646a.696
646A.696 Report to Health Care Cost Growth Target program and Legislative Assembly
Status: in_force

No later than December 31 of each year, the Prescription Drug Affordability Board shall report to the Health Care Cost Growth Target program established in ORS 442.386 (Health Care Cost Growth Target program established) and 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:

(1) Price trends for the list of prescription drugs provided to the board by the Department of Consumer and Business Services under ORS 646A.694 (Annual affordability determination for identified drugs and insulin products) (1);

(2) The prescription drugs that were reviewed under ORS 646A.694 (Annual affordability determination for identified drugs and insulin products) (1); and

(3) Recommendations, if any, for legislative changes necessary to make prescription drug products more affordable in this state. [2021 c.598 §5]

Source: Section 646A.696 — Report to Health Care Cost Growth Target program and Legislative Assembly; contents of report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.689 — OR Code / Title 50 / Chapter 646a / Section 646a.689
646A.689 Requirement to report certain information concerning drug manufacturing and pricing
Status: in_force

(1) As used in ORS 646A.680 (Legislative intent) to 646A.697 (Study of market for generic drugs) :

(a) “Drug” has the meaning given that term in ORS 689.005 (Definitions) .

(b) “Health care facility” has the meaning given that term in ORS 442.015 (Definitions) .

(c) “Health care service contractor” has the meaning given that term in ORS 750.005 (Definitions) .

(d) Intentionally left blank —Ed.

(A) “Manufacture” means:

(i) The production, preparation, propagation, compounding, conversion or processing of a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis; and

(ii) The packaging or repackaging of a drug or labeling or relabeling of a drug container.

(B) “Manufacture” does not include the preparation or compounding of a drug by an individual for the individual’s own use or the preparation, compounding, packaging or labeling of a drug:

(i) By a health care practitioner incidental to administering or dispensing a drug in the course of professional practice;

(ii) By a health care practitioner or at the practitioner’s authorization and supervision for the purpose of or incidental to research, teaching or chemical analysis activities and not for sale;

(iii) By a health care service contractor for dispensing to a subscriber or delivery to a health care facility or outpatient clinic owned or operated by the health care service contractor or an affiliate of the health care service contractor;

(iv) By a centralized repackaging operation for distribution to subscribers of health care service contractors or to pharmacies, health care facilities or outpatient clinics operated by or affiliated with a health care service contractor; or

(v) By a health care facility for dispensing to a patient or other person.

(e) “Manufacturer” means a person that manufactures a prescription drug that is sold in this state.

(f) “New prescription drug” has the meaning prescribed by the Department of Consumer and Business Services by rule.

(g) “Patient assistance program” means a program that a manufacturer offers to the general public in which a consumer may reduce the consumer’s out-of-pocket costs for prescription drugs by using coupons or discount cards, receiving copayment assistance or by other means.

(h) “Prescription drug” means a drug that must:

(A) Under federal law, be labeled “Caution: Federal law prohibits dispensing without prescription” prior to being dispensed or delivered; or

(B) Under any applicable federal or state law or regulation, be dispensed only by prescription or restricted to use only by health care practitioners.

(i) “Price” means the wholesale acquisition cost as defined in 42 U.S.C. 1395w-3a(c)(6)(B).

(2) No later than March 15 of each year, a manufacturer shall report the information described in subsection (3) of this section to the department regarding each prescription drug for which:

(a) The price was $100 or more for a one-month supply or for a course of treatment lasting less than one month; and

(b) There was a net increase of 10 percent or more in the price of the prescription drug described in paragraph (a) of this subsection over the course of the previous calendar year.

(3) For each prescription drug described in subsection (2) of this section, a manufacturer shall report to the department, in the form and manner prescribed by the department:

(a) The name and price of the prescription drug and the net increase, expressed as a percentage, in the price of the drug over the course of the previous calendar year;

(b) The length of time the prescription drug has been on the market;

(c) The factors that contributed to the price increase;

(d) The name of any generic version of the prescription drug available on the market;

(e) The research and development costs associated with the prescription drug that were paid using public funds;

(f) The direct costs incurred by the manufacturer:

(A) To manufacture the prescription drug;

(B) To market the prescription drug;

(C) To distribute the prescription drug; and

(D) For ongoing safety and effectiveness research associated with the prescription drug;

(g) The total sales revenue for the prescription drug during the previous calendar year;

(h) The manufacturer’s profit attributable to the prescription drug during the previous calendar year;

(i) The introductory price of the prescription drug when it was approved for marketing by the United States Food and Drug Administration and the net yearly increase, by calendar year, in the price of the prescription drug during the previous five years;

(j) The 10 highest prices paid for the prescription drug during the previous calendar year in any country other than the United States;

(k) Any other information that the manufacturer deems relevant to the price increase described in subsection (2)(b) of this section; and

(L) The documentation necessary to support the information reported under this subsection.

(4) The department may use any prescription drug price information the department deems appropriate to verify that manufacturers have properly reported price increases as required by subsections (2) and (3) of this section.

(5) A manufacturer shall accompany the report provided under subsection (2) of this section with the following information about each patient assistance program offered by the manufacturer to consumers residing in this state for the prescription drugs described in subsection (2) of this section:

(a) The number of consumers who participated in the program;

(b) The total value of the coupons, discounts, copayment assistance or other reduction in costs provided to consumers in this state who participated in the program;

(c) For each drug, the number of refills that qualify for the program, if applicable;

(d) If the program expires after a specified period of time, the period of time that the program is available to each consumer; and

(e) The eligibility criteria for the program and how eligibility is verified for accuracy.

(6) No later than 30 days after a manufacturer introduces a new prescription drug for sale in the United States at a price that exceeds the threshold established by the Centers for Medicare and Medicaid Services for specialty drugs in the Medicare Part D program, the manufacturer shall notify the department, in the form and manner prescribed by the department, of all the following information:

(a) A description of the marketing used in the introduction of the new prescription drug;

(b) The methodology used to establish the price of the new prescription drug;

(c) Whether the United States Food and Drug Administration granted the new prescription drug a breakthrough therapy designation or a priority review;

(d) If the new prescription drug was not developed by the manufacturer, the date of and the price paid for acquisition of the new prescription drug by the manufacturer;

(e) The manufacturer’s estimate of the average number of patients who will be prescribed the new prescription drug each month; and

(f) The research and development costs associated with the new prescription drug that were paid using public funds.

(7) Intentionally left blank —Ed.

(a) After receiving the report or information described in subsection (2), (3), (5) or (6) of this section, the department may make a written request to the manufacturer for supporting documentation or additional information concerning the report. The department shall prescribe by rule the periods:

(A) Following the receipt of the report or information during which the department may request additional information; and

(B) Following a request by the department for additional information during which a manufacturer may respond to the request.

(b) The department may extend the period prescribed under paragraph (a)(B) of this subsection, as necessary, on a case-by-case basis.

(8) A manufacturer may be subject to a civil penalty, as provided in ORS 646A.692 (Civil penalty) , for:

(a) Failing to submit timely reports or notices as required by this section;

(b) Failing to provide information required under this section;

(c) Failing to respond in a timely manner to a written request by the department for additional information under subsection (7) of this section; or

(d) Providing inaccurate or incomplete information under this section.

(9) Except as provided in subsection (10) of this section, the department shall post to its website all of the following information:

(a) A list of the prescription drugs reported under subsection (2) of this section and the manufacturers of those prescription drugs;

(b) Information reported to the department under subsections (3) and (5) to (7) of this section; and

(c) Written requests by the department for additional information under subsection (7) of this section.

(10) Intentionally left blank —Ed.

(a) The department may not post to its website any information described in subsection (9) of this section if:

(A) The information is conditionally exempt from disclosure under ORS 192.345 (Public records conditionally exempt from disclosure) as a trade secret; and

(B) The public interest does not require disclosure of the information.

(b) If the department withholds any information from public disclosure pursuant to this subsection, the department shall post to its website a report describing the nature of the information and the department’s basis for withholding the information from disclosure.

(c) A person may petition the Attorney General, as provided in ORS 192.411 (Petition to review denial of right to inspect state public record) , to review a decision by the department to withhold information pursuant to paragraph (a) of this subsection.

(11) In accordance with ORS 646A.694 (Annual affordability determination for identified drugs and insulin products) , the department shall provide to the Prescription Drug Affordability Board established in ORS 646A.693 (Prescription Drug Affordability Board) :

(a) Each calendar quarter, a list of prescription drugs included in reports submitted under subsections (2) and (6) of this section; and

(b) Access to pricing information submitted to the department under subsections (3), (6) and (7) of this section.

(12) The department shall make available to consumers, online and by telephone, a process for consumers to notify the department about an increase in the price of a prescription drug. Any personally identifiable information about a consumer included in a notification provided to the department under this subsection, such as a consumer’s name, address, telephone number or electronic mail address, is confidential and not subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(13) The department may adopt rules as necessary for carrying out the provisions of this section.

(14) No later than December 15 of each year, the department shall compile and report the information collected by the department under this section to the interim committees of the Legislative Assembly related to health. The report shall include recommendations for legislative changes, if any, to contain the cost of prescription drugs and reduce the impact of price increases on consumers, the Department of Corrections, the Public Employees’ Benefit Board, the Oregon Health Authority, the Department of Human Services, the Oregon Educators Benefit Board and health insurance premiums in the commercial market. [2018 c.7 §2; 2018 c.7 §§6,7; 2021 c.598 §8; 2023 c.466 §5]

Source: Section 646A.689 — Requirement to report certain information concerning drug manufacturing and pricing; contents of report; penalty; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.400 — OR Code / Title 50 / Chapter 646a / Section 646a.400
646A.400 Definitions for ORS 646A.400 to 646A.418
Status: in_force

As used in ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) :

(1) “Collateral charge” means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as:

(a) A sales, property or use tax;

(b) A license, registration or title fee;

(c) A finance charge;

(d) A prepayment penalty;

(e) A charge for undercoating, rust-proofing or factory or dealer installed options; and

(f) The cost of an aftermarket item purchased within 20 days after delivery of the motor vehicle.

(2) “Consumer” means:

(a) The purchaser or lessee, other than for purposes of resale, of a new motor vehicle normally used for personal, family or household purposes;

(b) Any person to whom a new motor vehicle used for personal, family or household purposes is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle; and

(c) Any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

(3) Intentionally left blank —Ed.

(a) “Motor home” means a motor vehicle that is a new or demonstrator vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab or van that becomes an integral part of the completed vehicle, and that is designed to provide temporary living quarters for recreational, camping or travel use.

(b) “Motor home” does not include a trailer, camper, van or vehicle manufactured by an entity that primarily manufactures motor vehicles other than motor homes as defined in this subsection.

(c) “Motor home” does not include “living facility components,” which means those items designed, used or maintained primarily for the living quarters portion of the motor home, including but not limited to the flooring, plumbing fixtures, appliances, water heater, fabrics, door and furniture hardware, lighting fixtures, generators, roof heating and air conditioning units, cabinets, countertops, furniture and audio-visual equipment.

(4) “Motor vehicle” means a passenger motor vehicle as defined in ORS 801.360 (“Motor vehicle.”) that is purchased in this state or is purchased outside this state but registered in this state. [Formerly 646.315; 2009 c.448 §1]

Source: Section 646A.400 — Definitions for ORS 646A.400 to 646A.418 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.686 — OR Code / Title 50 / Chapter 646a / Section 646a.686
646A.686 Short title
Status: in_force

ORS 646A.689 (Requirement to report certain information concerning drug manufacturing and pricing) and 646A.692 (Civil penalty) shall be known and may be cited as the Prescription Drug Price Transparency Act. [2018 c.7 §1]

Source: Section 646A.686 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.576 — OR Code / Title 50 / Chapter 646 / Section 646.576
646.576 Rules
Status: in_force

In the manner provided by ORS chapter 183, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under ORS 646.572 (Administration of telephone solicitation program through contract or by designation of federal registry) and 646.574 (List of persons who do not wish to receive telephone solicitations) . [1999 c.564 §5]

Source: Section 646.576 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 645.005 — OR Code / Title 50 / Chapter 645 / Section 645.005
645.005 Definitions
Status: in_force

As used in this chapter:

(1) “Board of trade” means any person or persons engaged in buying or selling any commodity or receiving the same for sale on consignment, whether such person or persons are characterized as a board of trade, exchange or other form of marketplace.

(2) “Commodity” means, except as otherwise specified by the director by rule, all goods, articles, products, foreign currency or items of any kind. “Commodity” does not include real property or any timber, agricultural or livestock product grown or raised on real property and offered or sold by the owner or lessee of such real property.

(3) “Commodity contract”:

(a) Means any account, agreement or contract for the purchase or sale of one or more commodities, however characterized, which is primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser or between persons engaged in producing, processing, using commercially or handling as merchants the commodity or any by-product thereof. Any contract for one or more commodities offered or sold shall, in the absence of evidence to the contrary, be presumed to be offered or sold for speculation or investment purposes; and

(b) Does not include any contract or agreement which requires, and under which the purchaser receives within 28 days of payment of any portion of the purchase price, physical delivery of the total amount of each commodity to be purchased under the contract or agreement.

(4) “Commodity merchant” means any person, other than a futures association, required to register with the Commodity Futures Trading Commission.

(5) “Commodity option”:

(a) Means any account, agreement or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise; and

(b) Does not include an option traded on a national securities exchange registered with the federal Securities and Exchange Commission.

(6) “Director” means the Director of the Department of Consumer and Business Services or an agent or employee authorized to act on the director’s behalf.

(7) “Financial institution” means an insured institution or trust company as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) .

(8) “Fraud,” “deceit” and “defraud” are not limited to common-law deceit.

(9) “Offer” includes every offer to sell, offer to purchase or offer to enter into a commodity contract or commodity option.

(10) “Person” includes an individual, a joint venture, a partnership, a cooperative, an association, a joint stock company, a corporation, a trust, an unincorporated organization, a government or a political subdivision of a government.

(11) “Sale” or “sell” includes every sale, contract of sale, contract to sell or disposition for value. [1987 c.148 §3; 1993 c.744 §15; 1997 c.631 §506]

Source: Section 645.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 650.167 — OR Code / Title 50 / Chapter 650 / Section 650.167
650.167 Violation of ORS 650.140 or 650.150 as irreparable injury
Status: in_force

In any action brought by a dealer against a manufacturer, distributor or importer under ORS 650.120 (Definitions for ORS 650.120 to 650.170) to 650.170 (Dealer’s remedy) , any violation of ORS 650.140 (Good cause required to terminate dealer franchise) or 650.150 (Enjoining establishment of certain franchises or relocation of existing dealership in same market area) by a manufacturer, distributor or importer may be considered an irreparable injury to the dealer for determining if a temporary restraining order should be issued. [1991 c.609 §2]

Source: Section 650.167 — Violation of ORS 650.140 or 650.150 as irreparable injury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.652 — OR Code / Title 50 / Chapter 646 / Section 646.652
646.652 District attorney’s reports to Attorney General
Status: in_force

A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney 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) , including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 646.632 (Enjoining unlawful trade practices) . [1971 c.744 §19]

Source: Section 646.652 — District attorney’s reports to Attorney General; filing of voluntary compliances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.372 — OR Code / Title 50 / Chapter 646a / Section 646a.372
646A.372 Limits on usage of automatic dialing and announcing device
Status: in_force

(1) Intentionally left blank —Ed.

(a) A caller may not use an automatic dialing and announcing device in order to call a subscriber unless:

(A) The device is designed and operated so as to disconnect within 10 seconds after the subscriber terminates the call; and

(B) The device provides, and the prerecorded or synthesized voice message that the device plays describes, a method by which a subscriber, within the first 10 seconds after a call begins, may enter a single dual-tone multifrequency signal or otherwise enter or speak a one-digit code to notify the caller that the subscriber does not want to receive any future calls from the caller.

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

(A) Is a collection agency, as defined in ORS 697.005 (Definitions for ORS 697.005 to 697.095) , a debt buyer or a debt collector, as defined in ORS 646.639 (Unlawful collection practices) ;

(B) Is a representative of a public safety or law enforcement agency; or

(C) Has an established business relationship with the subscriber.

(2) A caller may not use an automatic dialing and announcing device to make a call unless the range of telephone numbers from which the device chooses the number to dial does not include numbers for:

(a) Fire protection, law enforcement or other emergency agencies;

(b) Hospital and health care facilities, physician’s offices, poison control centers or suicide prevention or domestic violence counseling services; and

(c) Subscribers who used the method described in subsection (1)(a)(B) of this section to notify the caller that the subscribers do not want to receive any future calls from the caller.

(3) Subsection (2)(c) of this section does not apply to a caller that:

(a) Is a collection agency, as defined in ORS 697.005 (Definitions for ORS 697.005 to 697.095) , a debt buyer or a debt collector, as defined in ORS 646.639 (Unlawful collection practices) ;

(b) Is a representative of a public safety or law enforcement agency; or

(c) Has an established business relationship with the subscriber.

(4) Intentionally left blank —Ed.

(a) A caller may not use an automatic dialing and announcing device that dials telephone numbers randomly or sequentially unless the range of telephone numbers from which the device chooses the number to dial does not include numbers for subscribers who appear on an official list that a government agency compiled for the purpose of informing potential callers that the subscribers do not want to receive telephone solicitations.

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

(A) Has an established business relationship with the subscriber;

(B) Is a debt buyer or is subject to regulation under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq.;

(C) Is a representative of a public safety or law enforcement agency; or

(D) Is a representative of a school district or school if the subscriber is an employee of the school district, a student or the student’s parent, guardian or other family member.

(5) A caller that uses an automatic dialing and announcing device may use the device to call a subscriber only between the hours of 9 a.m. and 9 p.m. [2007 c.823 §2; 2015 c.561 §2]

Source: Section 646A.372 — Limits on usage of automatic dialing and announcing device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.365 — OR Code / Title 50 / Chapter 646a / Section 646a.365
646A.365 Check, draft or payment instrument creating obligation for payment
Status: in_force

A person may not mail or cause to be sent a check, draft or other payment instrument that, when deposited or cashed, obligates the depositor or payee thereafter to make any payment. This section does not apply to an extension of credit or an offer to lend money. [2007 c.304 §1]

Source: Section 646A.365 — Check, draft or payment instrument creating obligation for payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.242 — OR Code / Title 50 / Chapter 646a / Section 646a.242
646A.242 “Creditor” defined
Status: in_force

As used in ORS 646A.240 (Treatment of child support obligations by creditor in applications for extensions of credit) to 646A.244 (Cause of action for violation of ORS 646A.240) , “creditor” means a person who, in the ordinary course of the person’s business, regularly permits debtors to defer payment of their debts, or to incur debt and defer the payment thereof, and in either case, to pay the same with a finance charge or in more than four installments. [Formerly 646.863]

Source: Section 646A.242 — “Creditor” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 649.010 — OR Code / Title 50 / Chapter 649 / Section 649.010
649.010 Definitions for ORS 649.010 to 649.080
Status: in_force

As used in ORS 649.010 (Definitions for ORS 649.010 to 649.080) to 649.080 (Unauthorized display of name or insignia of motor vehicle association) :

(1) “Organization” means any association, lodge, order, fraternal society, beneficial association or fraternal and beneficial society or association, historical, military or veterans’ organization, labor union, foundation, federation or any other society, organization or association, degree, branch, subordinate lodge or auxiliary, incorporated or unincorporated, the activities of which are lawful.

(2) “Insignia” means a badge, mark, motto, button, decoration, charm, emblem or rosette. [Amended by 2003 c.45 §1]

Source: Section 649.010 — Definitions for ORS 649.010 to 649.080 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors649.­html (accessed May 26, 2025).
ORS § 646a.702 — OR Code / Title 50 / Chapter 646a / Section 646a.702
646A.702 Definitions for ORS 646A.702 to 646A.720
Status: in_force

As used in ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant) :

(1) “Default” means having one or more homeowner obligations in arrears to an extent that a notice of default could properly be recorded against the residence.

(2) “Family” means a spouse, domestic partner, parent, stepparent, grandparent, child, stepchild, grandchild, sibling, aunt, uncle, cousin or in-law.

(3) “Foreclosure consultant,” except as provided in ORS 646A.705 (Persons that are not foreclosure consultants) , means a person that directly or through association with another makes a solicitation, representation or offer to a homeowner to perform, for or with the intent to receive compensation from or on behalf of the homeowner, a service that the solicitation, representation or offer indicates will accomplish one or more of the following:

(a) Prevent, postpone or stop a foreclosure sale.

(b) Obtain a forbearance from a beneficiary or mortgagee.

(c) Assist the homeowner in exercising a right of redemption.

(d) Obtain an extension of the period within which the homeowner may reinstate the homeowner’s obligation.

(e) Obtain the waiver of an acceleration clause that is:

(A) Contained in a promissory note or contract; and

(B) Secured by or contained in a deed of trust for, or mortgage on, a residence in foreclosure or in default.

(f) Assist the homeowner in obtaining a loan or advance of funds.

(g) Avoid or ameliorate an impairment of the homeowner’s credit resulting from a recorded notice of foreclosure or default.

(4) “Foreclosure consulting contract” means an agreement between a foreclosure consultant and a homeowner for the provision of services by a foreclosure consultant in regard to a residence in foreclosure or in default.

(5) “Homeowner” means the record owner of a residence.

(6) “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. [2008 c.19 §2]

Source: Section 646A.702 — Definitions for ORS 646A.702 to 646A.720 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.300 — OR Code / Title 50 / Chapter 646a / Section 646a.300
646A.300 Definitions for ORS 646A.300 to 646A.322
Status: in_force

As used in ORS 646A.300 (Definitions for ORS 646A.300 to 646A.322) to 646A.322 (Remedies) :

(1) “Catalog” means a catalog published in any medium, including an electronic catalog.

(2) “Change in competitive circumstances” means an event, act or omission that has a material detrimental effect on a retailer’s ability to compete with another retailer that sells the same brand of farm implements.

(3) “Current model” means a model that is listed in the supplier’s current sales manual or any supplements to the manual.

(4) “Current net price” means:

(a) The price of parts or farm implements that are listed in a supplier’s price list or catalog that is in effect at the time a contract is canceled or discontinued, less any applicable trade, volume or cash discounts, or at the time that a retailer made a warranty claim.

(b) The price listed for superseded parts in a supplier’s price list or catalog at the time a retailer purchased the parts.

(5) “Current signs” means principal outdoor signs that:

(a) A supplier requires a retailer to obtain;

(b) Identify the supplier; and

(c) Identify the retailer as representing the supplier or the supplier’s farm implements or machinery.

(6) “Dealership” means a location from which a retailer buys, sells, leases, trades, stores, takes on consignment or in any other manner deals in farm implements.

(7) “Distributor” means a person who sells or distributes new farm implements to a retailer.

(8) “Farm implements” means:

(a) Any vehicle designed or adapted and used exclusively for agricultural operations and only incidentally operated or used upon the highways;

(b) Auxiliary items, such as trailers, used with vehicles designed or adapted for agricultural operations;

(c) Other consumer products used for agricultural purposes, including lawn and garden equipment powered by an engine, that a supplier supplies to a retailer under a retailer agreement;

(d) Attachments and accessories used in planting, cultivating, irrigating, harvesting and marketing agricultural, horticultural or livestock products; and

(e) Outdoor power equipment, including, but not limited to, self-propelled equipment used to maintain lawns and gardens or used in landscape, turf or golf course maintenance.

(9) “F.O.B.” has the meaning given that term in ORS 72.3190 (F.O.B. and F.A.S. terms) .

(10) “Inventory” means farm implements, machinery and repair parts.

(11) “Manufacturer” means a person that manufactures or assembles new or unused farm implements.

(12) “Net cost” means the price a retailer actually paid a supplier for merchandise.

(13) “Retailer” means any person that engages in the business of retailing farm implements, machinery or repair parts in this state.

(14) “Retailer agreement” means an agreement between a supplier and a retailer that provides for the rights and obligations of the supplier and retailer with respect to selling or purchasing farm implements.

(15) “Specialized tool” means a tool that:

(a) A supplier requires a retailer to obtain; and

(b) Is uniquely suited for the purpose of diagnosing or repairing the supplier’s farm implements or machinery.

(16) “Supplier” means:

(a) A wholesaler, manufacturer, manufacturer’s representative or distributor.

(b) A successor in interest of a manufacturer, manufacturer’s representative or distributor, including, but not limited to:

(A) A purchaser of assets or shares of stock;

(B) A corporation or entity that results from a merger, liquidation or reorganization; or

(C) A receiver or trustee.

(c) The assignee of a supplier.

(17) “Warranty claim” means a claim for payment that a retailer submits to a supplier for service or parts the retailer provided to a customer under a warranty that the supplier issued. [Formerly 646.415; 2015 c.563 §1]

Source: Section 646A.300 — Definitions for ORS 646A.300 to 646A.322 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.040 — OR Code / Title 50 / Chapter 646a / Section 646a.040
646A.040 Waiver of provisions of ORS 646A.030 to 646A.042
Status: in_force

A health spa shall not request a buyer to waive any provision of ORS 646A.030 (Definitions for ORS 646A.030 to 646A.042) to 646A.042 (Remedies and obligations supplementary to existing remedies) . Any waiver by a buyer of any provision of ORS 646A.030 (Definitions for ORS 646A.030 to 646A.042) to 646A.042 (Remedies and obligations supplementary to existing remedies) is contrary to public policy and is void and unenforceable. [Formerly 646.686]

Source: Section 646A.040 — Waiver of provisions of ORS 646A.030 to 646A.042 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.683 — OR Code / Title 50 / Chapter 646a / Section 646a.683
646A.683 Requirement to report increase in drug price
Status: in_force

(1) As used in this section:

(a) “Drug” has the meaning given that term in ORS 689.005 (Definitions) .

(b) Intentionally left blank —Ed.

(A) “Manufacture” means:

(i) The production, preparation, propagation, compounding, conversion or processing of a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis; and

(ii) The packaging or repackaging of a drug or labeling or relabeling of a drug container.

(B) “Manufacture” does not include the preparation or compounding of a drug by an individual for the individual’s own use or the preparation, compounding, packaging or labeling of a drug:

(i) By a health care practitioner incidental to administering or dispensing a drug in the course of professional practice;

(ii) By a health care practitioner or under the practitioner’s authorization and supervision for the purpose of or incidental to research, teaching or chemical analysis activities and not for sale;

(iii) By a health care service contractor for dispensing to a subscriber or delivery to a health care facility or outpatient clinic owned or operated by the health care service contractor or an affiliate of the health care service contractor;

(iv) By a centralized repackaging operation for distribution to subscribers of health care service contractors or to pharmacies, health care facilities or outpatient clinics whether or not operated by or affiliated with a health care service contractor; or

(v) By a health care facility for dispensing to a patient of the health care facility.

(c) “Manufacturer” means a person that manufactures a prescription drug that is sold in this state.

(d) “Prescription drug” means a drug that must:

(A) Under federal law, be labeled “Caution: Federal law prohibits dispensing without prescription” prior to being dispensed or delivered; or

(B) Under any applicable federal or state law or regulation, be dispensed only by prescription or restricted to use only by health care practitioners.

(e) “Price” means the wholesale acquisition cost as defined in 42 U.S.C. 1395w-3a(c)(6)(B).

(2) At least 60 days before a prescription drug manufacturer increases the price of a prescription drug, as described in subsection (3) of this section, the prescription drug manufacturer shall report to the Department of Consumer and Business Services, in the form and manner prescribed by the department, all the following information about the prescription drug:

(a) The date that the increase will become effective;

(b) The current price of the prescription drug;

(c) The dollar amount of the planned increase in the price of the prescription drug;

(d) A statement of whether the price increase is necessitated by a change to or improvement in the prescription drug and, if so, a description of the change or improvement; and

(e) The year the drug became available for sale in the United States.

(3) Subsection (2) of this section applies to:

(a) An increase in the price of a brand-name prescription drug for which there will be, on the date that the increase goes into effect, a cumulative increase of 10 percent or more or an increase of $10,000 or more in the price of the brand-name prescription drug within a 12-month period beginning on or after July 1, 2019.

(b) An increase in the price of a generic prescription drug for which there will be, on the date that the increase goes into effect, a cumulative increase of 25 percent or more and an increase of $300 or more in the price of the generic prescription drug within a 12-month period beginning on or after July 1, 2019.

(4) Subsection (2) of this section does not apply to a prescription drug that is a retail drug, manufactured by four or more companies, that is:

(a) Marketed and distributed pursuant to an abbreviated new drug application, approved under 21 U.S.C. 355(j);

(b) An authorized generic drug as defined by 41 C.F.R. 447.502; or

(c) A drug that entered the market before the year 1962 and was not originally marketed under a new drug application. [2019 c.436 §2]

Source: Section 646A.683 — Requirement to report increase in drug price; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.813 — OR Code / Title 50 / Chapter 646a / Section 646a.813
646A.813 Security requirements for Internet-connected devices
Status: in_force

(1) As used in this section:

(a) “Connected device” means a device or other physical object that:

(A) Connects, directly or indirectly, to the Internet and is used primarily for personal, family or household purposes; and

(B) Is assigned an Internet Protocol address or another address or number that identifies the connected device for the purpose of making a short-range wireless connection to another device.

(b) “Manufacturer” means a person that makes a connected device and sells or offers to sell the connected device in this state.

(c) “Reasonable security features” means methods to protect a connected device, and any information the connected device stores, from unauthorized access, destruction, use, modification or disclosure that are appropriate for the nature and function of the connected device and for the type of information the connected device may collect, store or transmit.

(2) A manufacturer shall equip a connected device with reasonable security features. A reasonable security feature may consist of:

(a) A means for authentication from outside a local area network, including:

(A) A preprogrammed password that is unique for each connected device; or

(B) A requirement that a user generate a new means of authentication before gaining access to the connected device for the first time; or

(b) Compliance with requirements of federal law or federal regulations that apply to security measures for connected devices.

(3) This section does not:

(a) Require a provider of an electronic store, gateway, marketplace or other means for purchasing or downloading software or firmware to verify or enforce compliance with the provisions of this section.

(b) Require a person to prevent a consumer from having or obtaining full control over a connected device, including the ability to modify the connected device or any software or firmware installed on the connected device.

(c) Limit the authority of a law enforcement officer or law enforcement agency to obtain information from a manufacturer as provided by law or authorized in an order from a court of competent jurisdiction.

(d) Impose a duty on a manufacturer to provide reasonable security features for software, firmware or peripheral devices that another manufacturer makes and that a consumer installs in or adds to the connected device.

(4) This section does not apply to:

(a) A connected device on which a consumer installs or otherwise adds software or other devices that the manufacturer of the connected device does not approve for use with the connected device or that damages, evades, disables or otherwise modifies the reasonable security features that a manufacturer incorporates into the connected device.

(b) A covered entity, a health care provider, a business associate, a health care service plan, a contractor, an employer or another person that is subject to the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, 110 Stat. 1936) or regulations promulgated under the Act, with respect to any action that the Act regulates.

(c) A connected device, the functions of which are subject to and comply with the requirements, regulations and guidance that the United States Food and Drug Administration promulgates under 21 C.F.R. parts 800 to 1299 or other requirements, regulations and guidance the United States Food and Drug Administration promulgates with respect to medical devices, including software as a medical device.

(5) The duties and obligations that this section imposes are in addition to and not in lieu of any other duties and obligations imposed under other applicable law and do not relieve any person from the person’s duties and obligations under any other applicable law.

(6) A manufacturer that violates subsection (2) of this section engages in an unlawful trade practice under ORS 646.607 (Unlawful business, trade practices) . [2019 c.193 §1]

Source: Section 646A.813 — Security requirements for Internet-connected devices; exemptions; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.362 — OR Code / Title 50 / Chapter 646a / Section 646a.362
646A.362 Exclusion of name from sweepstakes promotion mailing list
Status: in_force

(1) As used in this section:

(a) “Exclusion request” means a written request to be excluded from a sweepstakes promotion mailing list or to be placed on a list of persons to whom sweepstakes promotions may not be mailed.

(b) “Sweepstakes promotion” has the meaning given that term in ORS 124.005 (Definitions for ORS 124.005 to 124.040) .

(2) Any person who receives a sweepstakes promotion, or a combination of sweepstakes promotions from the same service, in the United States mail, regardless of the identities of the originators of the sweepstakes promotion, may send a written exclusion request to the originator of any sweepstakes promotion.

(3) The exclusion request shall be mailed to the address to which the recipient would have sent a payment for any goods or services promoted in the sweepstakes promotion had the recipient ordered the goods or services instead of mailing an exclusion request.

(4) An originator of a sweepstakes promotion who receives an exclusion request shall exclude the requestor’s name from the originator’s sweepstakes promotion mailing list or shall place the requestor’s name on a list of persons to whom sweepstakes promotions may not be mailed.

(5) The Attorney General shall adopt rules necessary to implement this section.

(6) It is an affirmative defense to a claim or charge of violating subsection (4) of this section that the originator of the sweepstakes promotion had, at the time of the violation, implemented reasonable practices or procedures for preventing a violation. [Formerly 646.879]

Source: Section 646A.362 — Exclusion of name from sweepstakes promotion mailing list; written request; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.060 — OR Code / Title 50 / Chapter 650 / Section 650.060
650.060 Investigative powers of director
Status: in_force

(1) For the purpose of any investigation or proceeding under ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) , the Director of the Department of Consumer and Business Services or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director considers relevant or material to the investigation or proceeding.

(2) Any person who is served with a subpoena or is subject to an order to give testimony orally or in writing or to produce books, papers, correspondence, memoranda, agreements or other documents or records as provided in ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) may apply to any circuit court in Oregon for protection against abuse or hardship in the manner provided in ORCP 36 C.

(3) Except to the extent judicial relief may have been granted under subsection (2) of this section, if any person disobeys a subpoena issued under subsection (1) of this section, or if any witness refuses to testify or produce evidence before the director on any matter on which the witness may be lawfully interrogated, the circuit court of any county, upon 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. [1973 c.509 §7; 1977 c.358 §10; 1979 c.284 §186]

Source: Section 650.060 — Investigative powers of director; protection against unreasonable investigation; contempt , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.140 — OR Code / Title 50 / Chapter 646 / Section 646.140
646.140 Enjoining violations
Status: in_force

(1) Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) may maintain an action in any court of general equitable jurisdiction of this state, to prevent, restrain or enjoin the violation or threatened violation. If in such action, a violation or threatened violation of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) is established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in the action is entitled to recover three-fold the damages sustained by the plaintiff. 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.

(3) Actions brought under this section shall be commenced within four years from the date of the injury. [Amended by 1981 c.897 §75; 1983 c.467 §2; 1995 c.696 §33]

Source: Section 646.140 — Enjoining violations; treble damages; attorney fees; limitation on commencement of actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.773 — OR Code / Title 50 / Chapter 646a / Section 646a.773
646A.773 Applicability of Insurance Code
Status: in_force

(1) Intentionally left blank —Ed.

(a) A guaranteed asset protection waiver is not insurance and is not subject to the provisions of the Insurance Code. A person, other than an insurer, that sells a guaranteed asset protection waiver in compliance with ORS 646A.770 (Definitions) to 646A.787 (Fiduciary responsibilities) does not become subject to the Insurance Code by reason of the sale.

(b) Notwithstanding any other provision of law, any cost for a guaranteed asset protection waiver into which a borrower enters, whether in compliance with the Truth in Lending Act, 15 U.S.C. 1601 et seq., and regulations promulgated under the Truth in Lending Act, or not, must be stated separately in the finance agreement and is not a finance charge or interest.

(2) ORS 646A.770 (Definitions) to 646A.787 (Fiduciary responsibilities) do not apply to:

(a) An insurance policy that an insurer offers under the provisions of the Insurance Code;

(b) A debt cancellation contract or debt suspension agreement offered in compliance with 12 C.F.R. 37.2 or 12 C.F.R. part 721, both as in effect on January 1, 2016;

(c) A state bank, as defined in ORS 706.008 (Additional definitions for Bank Act) , or a credit union, as defined in ORS 723.008 (“Credit union” defined for ORS 723.136 and 723.464 to 723.498) ; or

(d) Intentionally left blank —Ed.

(A) An addendum to a finance agreement that is sold or assigned to a licensee, as defined in ORS 725.010 (Definitions) , and that is secured by a motor vehicle, under the terms of which a creditor agrees to waive the creditor’s right to collect all or part of an amount due from a borrower under the terms of the finance agreement or to release the borrower from an obligation to pay the creditor an amount due under the finance agreement if the motor vehicle:

(i) Suffers physical damage that is equivalent to a total loss; or

(ii) Is stolen and not recovered.

(B) The addendum to the finance agreement described in subparagraph (A) of this paragraph is not insurance and is not subject to the provisions of the Insurance Code. [2015 c.523 §2; 2017 c.451 §1; 2021 c.97 §71]

Source: Section 646A.773 — Applicability of Insurance Code; statement of costs; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.015 — OR Code / Title 50 / Chapter 650 / Section 650.015
650.015 When franchise sale or offer for sale is made in this state
Status: in_force

(1) A sale or offer to sell a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state.

(2) An offer to sell a franchise is made in this state when the offer either originates from this state or is directed by the offeror to this state and received at the place to which it is directed. An offer to sell is accepted in this state when acceptance is communicated to the offeror in this state. Acceptance is communicated to the offeror in this state when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed.

(3) An offer to sell a franchise is not made in this state merely because:

(a) The publisher circulates or there is circulated on behalf of the publisher in this state any bona fide newspaper or other publication of general, regular and paid circulation outside this state during the past 12 months; or

(b) A radio or television program originating outside this state is received in this state. [1973 c.509 §2]

Source: Section 650.015 — When franchise sale or offer for sale is made in this state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.642 — OR Code / Title 50 / Chapter 646 / Section 646.642
646.642 Civil penalties
Status: in_force

(1) Any person who willfully violates the terms of an injunction issued under ORS 646.632 (Enjoining unlawful trade practices) shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties.

(2) Any person who willfully violates any provision of an assurance of voluntary compliance approved and filed with an appropriate court under ORS 646.632 (Enjoining unlawful trade practices) shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. Any prosecuting attorney may apply to an appropriate court for recovery of such civil penalty. In any action brought by a prosecuting attorney under this section, and in any contempt action brought by a prosecuting attorney pursuant to ORS 646.632 (Enjoining unlawful trade practices) (4), the court may award to the prevailing party, in addition to any other relief provided by law, reasonable attorney fees and costs at trial and on appeal.

(3) In any suit brought under ORS 646.632 (Enjoining unlawful trade practices) , if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by ORS 646.607 (Unlawful business, trade practices) or 646.608 (Additional unlawful business, trade practices) , the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty to be set by the court of not exceeding $25,000 per violation. [1971 c.744 §17; 1975 c.437 §5; 1977 c.195 §10; 1989 c.745 §2; 1995 c.618 §100]

Source: Section 646.642 — Civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.344 — OR Code / Title 50 / Chapter 646a / Section 646a.344
646A.344 Bond or letter of credit
Status: in_force

(1) Except as provided in subsection (5) of this section, a mail agent shall maintain:

(a) A surety bond in the sum of $10,000 executed by the mail agent as obligor, together with a surety company authorized to do business in this state as surety; or

(b) An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) in the amount of $10,000.

(2) The bond or letter of credit must:

(a) Be executed to the State of Oregon and for the use of the state and of any person who may have a cause of action against the obligor of the bond or the letter of credit for a violation of ORS 646A.342 (Prohibited conduct) or for damages under ORS 646A.346 (Damages) .

(b) Provide that the obligor will comply with ORS 646A.342 (Prohibited conduct) and will pay to the state and to any person the moneys that may become due or owing to the state or to the person from the obligor for a violation of ORS 646A.342 (Prohibited conduct) .

(3) The Attorney General shall approve the form of the bond or letter of credit.

(4) If a person recovers a judgment against a mail agent for a violation of ORS 646A.342 (Prohibited conduct) and execution issued upon the judgment is returned unsatisfied in whole or in part, the person may maintain an action upon the bond or letter of credit.

(5) Subsection (1) of this section does not apply to a mail agent whose activity as a mail agent consists solely of receiving, storing, sorting, holding or forwarding United States mail or materials received from or delivered by a private express carrier for tenants of the mail agent if:

(a) The tenant is also renting or leasing from the mail agent an office, store, residential unit or other space or unit intended for human occupancy, and the space or unit is located on the same premises as the mailbox; and

(b) The mail agent services that the mail agent is providing to the tenant are incidental to and a part of the landlord-tenant relationship that exists between the mail agent and the tenant with respect to the leased space or unit. [Formerly 646.229]

Source: Section 646A.344 — Bond or letter of credit; action; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.130 — OR Code / Title 50 / Chapter 646a / Section 646a.130
646A.130 Reinstatement of lease-purchase agreement by consumer
Status: in_force

(1) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of:

(a) All past due rental charges;

(b) If the property has been picked up, the reasonable costs of pickup and redelivery; and

(c) Any applicable late fee, within five days of the renewal date if the consumer pays monthly, or within two days of the renewal date if the consumer pays more frequently than monthly.

(2) In the case of a consumer who has paid less than two-thirds of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable reinstatement period set forth in subsection (1) of this section, the consumer may reinstate the agreement during a period of not less than 21 days after the date of the return of the property.

(3) In the case of a consumer who has paid two-thirds or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable period set forth in subsection (1) of this section, the consumer may reinstate the agreement during a period of not less than 30 days after the date of the return of the property.

(4) Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer’s right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property or substitute property of comparable quality and condition.

(5) A lessor shall provide the consumer with a written receipt for each payment made by cash or money order. [Formerly 646.255]

Source: Section 646A.130 — Reinstatement of lease-purchase agreement by consumer; receipt for each payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.225 — OR Code / Title 50 / Chapter 645 / Section 645.225
645.225 Action to compel compliance with rule or order
Status: in_force

(1) Whenever it appears to the director that a person has engaged in an act or practice constituting a violation of any provision of this chapter or any rule or order of the director, the director may bring an action in the name and on behalf of the State of Oregon in any circuit court of this state to enjoin the acts or practices and to enforce compliance with this chapter or such rule or order. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. If the court finds that the defendant has violated any provision of this chapter or any such rule or order, the court may appoint a receiver, who may be the director, for the defendant or the defendant’s assets. The court may 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 action authorized by subsection (1) of this section:

(a) A claim for restitution on behalf of persons injured by the act or practice constituting the subject matter of the action; and

(b) A claim for disgorgement of illegal gains or profits derived.

(3) Any recovery under subsection (2) of this section shall be turned over to the General Fund of the State Treasury unless the court requires other disposition. [1987 c.148 §15; 1995 c.696 §32]

Source: Section 645.225 — Action to compel compliance with rule or order; attorney fees; claim; disposition of recovery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646.805 — OR Code / Title 50 / Chapter 646 / Section 646.805
646.805 Effect of prior final judgment or decree
Status: in_force

(1) A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws of the United States to the effect that a defendant has violated such laws, other than a judgment or decree entered in an action under section 15a of Title 15 of the United States Code or a consent judgment or decree entered before any testimony has been taken, shall estop defendant from denial of any matters established in such proceeding, in any action or proceeding brought against such defendant by the state or any person under ORS 646.760 (Civil penalties) , 646.770 (Equitable remedies) or 646.780 (Recovery of treble damages) , to the extent such judgment or decree would be an estoppel between the parties thereto with respect to such matters.

(2) A final judgment or decree to the effect that a person has violated 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) in an action brought by the state under ORS 646.760 (Civil penalties) , 646.770 (Equitable remedies) or 646.780 (Recovery of treble damages) , other than a consent judgment or decree entered before any testimony has been taken which specifically provides therein that this subsection shall not be applicable, shall estop defendant from denial of any matters established in such action, in any other action against the defendant under ORS 646.770 (Equitable remedies) or 646.780 (Recovery of treble damages) , to the extent such judgment or decree would be an estoppel between the parties thereto with respect to such matters. [1975 c.255 §11]

Source: Section 646.805 — Effect of prior final judgment or decree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.140 — OR Code / Title 50 / Chapter 646a / Section 646a.140
646A.140 Definitions for ORS 646A.140 and 646A.142
Status: in_force

As used in this section and ORS 646A.142 (Rental vehicle collision damage waiver notice) :

(1) “Authorized driver” means:

(a) The person renting the vehicle;

(b) The spouse of the person renting the vehicle, if the spouse is a licensed driver and meets any minimum age requirements contained in the rental agreement;

(c) The employer or coworker of the person renting the vehicle if the employer or coworker is engaged in a business activity with the person renting the vehicle and the employer or coworker meets any minimum age requirements contained in the rental agreement;

(d) Any person driving the vehicle during an emergency; and

(e) Any person expressly listed by the rental company on the rental agreement as an authorized driver.

(2) “Collision damage waiver” means an agreement between the renter and the rental company in which the company waives its right to impose a financial obligation on the renter or authorized driver if the vehicle is returned with physical damage.

(3) “Damage” means any damage or loss to the rented vehicle, including loss of use and any costs and expenses incident to the damage or loss.

(4) “Private passenger automobile” or “vehicle” means a motor vehicle designed primarily for transportation of persons.

(5) “Rental agreement” means any written agreement setting forth the terms and conditions governing the use of a private passenger automobile provided by a rental company.

(6) “Rental company” means any person engaged in the business of renting private passenger automobiles to the public.

(7) “Renter” means any person or organization obtaining the use of a private passenger automobile from a rental company under the terms of a rental agreement. [Formerly 646.857]

Source: Section 646A.140 — Definitions for ORS 646A.140 and 646A.142 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 649.030 — OR Code / Title 50 / Chapter 649 / Section 649.030
649.030 Unauthorized use of registered name or insignia
Status: in_force

A person may not wear, exhibit, display, print or use, for any purpose, an organization’s name or insignia if the organization registered the name or insignia under ORS 649.020 (Registration of name or insignia of organization) unless the person is entitled to wear, exhibit, display, print or use the name or insignia under the constitution, bylaws, rules and regulations of the organization. [Amended by 2015 c.277 §6]

Source: Section 649.030 — Unauthorized use of registered name or insignia , https://www.­oregonlegislature.­gov/bills_laws/ors/ors649.­html (accessed May 26, 2025).
ORS § 646a.200 — OR Code / Title 50 / Chapter 646a / Section 646a.200
646A.200 Definitions for ORS 646A.202 and 646A.204
Status: in_force

As used in ORS 646A.202 (Payment processing systems) and 646A.204 (Customer information) :

(1) “Credit card” has the meaning given that term in ORS 646A.212 (“Credit card” defined) .

(2) “Debit card” has the meaning given “debit instrument” in 15 U.S.C. 1693n. [Formerly 646.886]

Source: Section 646A.200 — Definitions for ORS 646A.202 and 646A.204 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.205 — OR Code / Title 50 / Chapter 645 / Section 645.205
645.205 Rules
Status: in_force

(1) In accordance with ORS chapter 183, the director may adopt such rules as are necessary to carry out the provisions of this chapter.

(2) The director may:

(a) Adopt rules or issue orders prescribing the terms and conditions of all transactions and contracts covered by the provisions of this chapter which are not within the exclusive jurisdiction of the federal Commodity Futures Trading Commission; and

(b) Exempt any person or transaction from any provision of this chapter conditionally or unconditionally.

(3) No rule may be adopted unless the director finds that the action is necessary or appropriate for the public interest or for the protection of investors or speculators and consistent with the purposes fairly intended by the provisions of this chapter. [1987 c.148 §10]

Source: Section 645.205 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646a.581 — OR Code / Title 50 / Chapter 646a / Section 646a.581
646A.581 Duties of processor of personal data
Status: in_force

(1) A processor shall adhere to a controller’s instructions and shall assist the controller in meeting the controller’s obligations under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) . In assisting the controller, the processor must:

(a) Enable the controller to respond to requests from consumers under ORS 646A.576 (Method for requesting personal data) by means that take into account how the processor processes personal data and the information available to the processor and that use appropriate technical and organizational measures to the extent reasonably practicable;

(b) Adopt administrative, technical and physical safeguards that are reasonably designed to protect the security and confidentiality of the personal data the processor processes, taking into account how the processor processes the personal data and the information available to the processor; and

(c) Provide information reasonably necessary for the controller to conduct and document data protection assessments.

(2) The processor shall enter into a contract with the controller that governs how the processor processes personal data on the controller’s behalf. The contract must:

(a) Be valid and binding on both parties;

(b) Set forth clear instructions for processing data, the nature and purpose of the processing, the type of data that is subject to processing and the duration of the processing;

(c) Specify the rights and obligations of both parties with respect to the subject matter of the contract;

(d) Ensure that each person that processes personal data is subject to a duty of confidentiality with respect to the personal data;

(e) Require the processor to delete the personal data or return the personal data to the controller at the controller’s direction or at the end of the provision of services, unless a law requires the processor to retain the personal data;

(f) Require the processor to make available to the controller, at the controller’s request, all information the controller needs to verify that the processor has complied with all obligations the processor has under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) ;

(g) Require the processor to enter into a subcontract with a person the processor engages to assist with processing personal data on the controller’s behalf and in the subcontract require the subcontractor to meet the processor’s obligations under the processor’s contract with the controller; and

(h) Allow the controller, the controller’s designee or a qualified and independent person the processor engages, in accordance with an appropriate and accepted control standard, framework or procedure, to assess the processor’s policies and technical and organizational measures for complying with the processor’s obligations under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) , and require the processor to cooperate with the assessment and, at the controller’s request, report the results of the assessment to the controller.

(3) This section does not relieve a controller or processor from any liability that accrues under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) as a result of the controller’s or processor’s actions in processing personal data.

(4) Intentionally left blank —Ed.

(a) For purposes of determining obligations under ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) , a person is a controller with respect to processing a set of personal data, and is subject to an action under ORS 646A.589 (Investigative demand by Attorney General) to punish a violation of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) , if the person:

(A) Does not need to adhere to another person’s instructions to process the personal data;

(B) Does not adhere to another person’s instructions with respect to processing the personal data when the person is obligated to do so; or

(C) Begins at any point to determine the purposes and means for processing the personal data, alone or in concert with another person.

(b) A determination under this subsection is a fact-based determination that must take account of the context in which a set of personal data is processed.

(c) A processor that adheres to a controller’s instructions with respect to a specific processing of personal data remains a processor. [2023 c.369 §6]

Note: 646A.581 (Duties of processor of personal data) becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.

Source: Section 646A.581 — Duties of processor of personal data; contract between controller and processor; liabilities of controller and processor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.915 — OR Code / Title 50 / Chapter 646 / Section 646.915
646.915 Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines
Status: in_force

The State Department of Agriculture may adopt rules that require a retail dealer or nonretail dealer to display on fuel dispensing devices through which the retail dealer or nonretail dealer sells gasoline the names of the oxygenates and the relative concentrations of the oxygenates present in the gasoline if the retail dealer or nonretail dealer knowingly sells or offers for sale gasoline that is blended with any combination of aliphatic ethers, aliphatic alcohols or other oxygenates that the United States Environmental Protection Agency permits under the agency’s interpretation of the term “substantially similar” in 42 U.S.C. 7545(f)(1)(A) (section 211(f)(1)(A) of the Clean Air Act), or any waivers that the federal agency grants under 42 U.S.C 7545(f)(4). [1985 c.468 §3(1),(2); 1993 c.566 §1; 1997 c.310 §11; 2017 c.141 §3]

Source: Section 646.915 — Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.034 — OR Code / Title 50 / Chapter 646a / Section 646a.034
646A.034 Contracts
Status: in_force

A contract for the sale of health spa services must be in writing and a copy must be given to the buyer at the time the buyer signs the contract. The contract must contain all of the following:

(1) Identification of the person providing the health spa services.

(2) A description of the health spa services to be provided, or acknowledgment in a conspicuous form that the buyer has received a written description of the health spa services to be provided. If any of the health spa services are to be delivered at a planned facility, at a facility under construction or through substantial improvement to an existing facility, the description must include a date for the completion of the facility, construction or improvement.

(3) A complete statement of the rules of the health spa or an acknowledgment in a conspicuous form that the buyer has received a copy of the rules.

(4) A statement of the duration of the obligation of the health spa to provide health spa services to the buyer. The duration shall not exceed three years from the date of the contract.

(5) A provision for cancellation of the contract:

(a) If the buyer dies or becomes physically unable to use a substantial portion of those health spa services used by the buyer from the date of the contract until the time of disability. The contract may require that disability be confirmed by an examination of a physician agreeable to the buyer and the health spa.

(b) If the health spa goes out of business.

(c) If the health spa moves its facility closest to the residence of the buyer on the date of the contract to a location more than five additional miles from that residence.

(d) If a facility, construction or improvement is not completed by the date represented in the contract.

(e) If the health spa materially changes the health spa services promised as a part of the initial contract.

(6) A provision for a refund upon cancellation in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.

(7) A provision under a conspicuous caption in capital letters and boldfaced type stating:

BUYER’S RIGHT TO CANCEL

If you wish to cancel this contract, without penalty, you may cancel it by delivering or mailing a written notice to the health spa. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to: _________ (insert name and mailing address of health spa). If you cancel within the three days, the health spa will return to you within 15 days all amounts you have paid.

[Formerly 646.671]

Source: Section 646A.034 — Contracts; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.446 — OR Code / Title 50 / Chapter 646a / Section 646a.446
646A.446 Prohibited conduct for warrantor
Status: in_force

(1) A warrantor may not use in the warrantor’s name:

(a) “Casualty,” “surety,” “insurance,” “mutual” or any other word descriptive of the casualty, insurance or surety business; or

(b) A name deceptively similar to the name or description of any insurance company, surety corporation or other warrantor.

(2) A warrantor may use the word “guaranty” or a similar word in the warrantor’s name. [2007 c.685 §9]

Source: Section 646A.446 — Prohibited conduct for warrantor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.077 — OR Code / Title 50 / Chapter 647 / Section 647.077
647.077 Action to cancel mark or compel registration
Status: in_force

An action to cancel a mark registered under this chapter or an action in mandamus to compel the Secretary of State to register a mark must be brought in a circuit court in this state. An action in mandamus must be based solely on the record before the Secretary of State. In an action to cancel a mark, a person may not name the Secretary of State as a party but the court shall notify the Secretary of State and permit the Secretary of State to intervene in the proceeding. [2009 c.459 §18]

Source: Section 647.077 — Action to cancel mark or compel registration; Secretary of State not a party , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646.947 — OR Code / Title 50 / Chapter 646 / Section 646.947
646.947 Prohibited activities
Status: in_force

Notwithstanding any other provision of ORS 646.947 (Prohibited activities) to 646.963 (Civil penalties) , it is unlawful for:

(1) A dealer to sell or offer for sale any motor vehicle fuel using procedures that violate any rule or standard adopted pursuant to ORS 646.957 (Rules) .

(2) A dealer to sell or offer for sale any gasoline from a dispensing device that does not have a sign displayed, on both sides of the device, that accurately identifies the octane rating of the gasoline being dispensed from that device pursuant to ORS 646.949 (Signs identifying octane rating) .

(3) A wholesale dealer to deliver gasoline to a retail dealer or nonretail dealer without giving to the retail dealer or nonretail dealer octane rating certification documentation for the gasoline being delivered. [1997 c.310 §2]

Source: Section 646.947 — Prohibited activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).