ORS § 646.632 — OR Code / Title 50 / Chapter 646 / Section 646.632
646.632 Enjoining unlawful trade practices
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) , a prosecuting attorney who has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in an unlawful trade practice may bring suit in the name of the State of Oregon in the appropriate court to restrain such person from engaging in the alleged unlawful trade practice.

(2) Except as provided in subsections (5) and (6) of this section, before filing a suit under subsection (1) of this section, the prosecuting attorney shall in writing notify the person charged of the alleged unlawful trade practice and the relief to be sought. Such notice shall be served in the manner set forth in ORS 646.622 (Method of serving investigative demand) for the service of investigative demands. The person charged thereupon shall have 10 days within which to execute and deliver to the prosecuting attorney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged unlawful trade practice. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. If the prosecuting attorney is satisfied with the assurance of voluntary compliance, it may be submitted to an appropriate court for approval and if approved shall thereafter be filed with the clerk of the court. If an approved assurance of voluntary compliance provides for the payment of an amount of money, as restitution or otherwise, and if the amount is not paid within 90 days of the date the court approves the assurance, or, if the assurance of voluntary compliance requires periodic payments and if any periodic payment is not paid within 30 days of the date specified in the assurance of voluntary compliance for any periodic payment, then the prosecuting attorney may submit that portion of the assurance of voluntary compliance which provides for the payment of money to the court with a certificate stating the unpaid balance in a form which fully complies with the requirements of ORS 18.038 (Form of judgment document generally) and 18.042 (Judgment in civil action that includes money award) . Upon submission of an assurance of voluntary compliance under this subsection, the court shall sign the assurance of voluntary compliance and it shall be entered in the register of the court and the clerk of the court shall note in the register that it creates a lien. The assurance of voluntary compliance shall thereupon constitute a judgment in favor of the State of Oregon and may be enforced as provided in ORS chapter 18. The notice of the prosecuting attorney under this subsection shall not be deemed a public record until the expiration of 10 days from the service of the notice.

(3) The prosecuting attorney may reject as unsatisfactory any assurance:

(a) Which does not contain a promise to make restitution in specific amounts or through arbitration for persons who suffered any ascertainable loss of money or property as a result of the alleged unlawful trade practice; or

(b) Which does not contain any provision, including but not limited to the keeping of records, which the prosecuting attorney reasonably believes to be necessary to ensure the continued cessation of the alleged unlawful trade practice, if such provision was included in a proposed assurance attached to the notice served pursuant to this section.

(4) Violation of any of the terms of an assurance of voluntary compliance which has been approved by and filed with the court shall constitute a contempt of court.

(5) The prosecuting attorney need not serve notice pursuant to subsection (2) of this section before filing a suit if, within two years of the filing of such suit, the person charged with the alleged unfair trade practice submitted to any prosecuting attorney an assurance of voluntary compliance which was accepted by and filed with an appropriate court. The prosecuting attorney shall in such case serve notice on the defendant in the manner set forth in ORS 646.622 (Method of serving investigative demand) for the service of investigative demands, on the 10th or earlier day previous to the filing of suit.

(6) If the prosecuting attorney alleges that the prosecuting attorney has reason to believe that the delay caused by complying with the provisions of subsection (2) or (5) of this section would cause immediate harm to the public health, safety or welfare, the prosecuting attorney may immediately institute a suit under subsection (1) of this section.

(7) A temporary restraining order may be granted without prior notice to the person if the court finds there is a threat of immediate harm to the public health, safety or welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the person restrained consents that it may be extended for a longer period.

(8) The court may award reasonable attorney fees to the prevailing party in an action under this section. If the defendant prevails in such suit and the court finds that the defendant had in good faith submitted to the prosecuting attorney a satisfactory assurance of voluntary compliance prior to the institution of the suit or that the prosecuting attorney, in a suit brought under subsections (5) and (6) of this section, did not have reasonable grounds to proceed under those subsections, the court shall award reasonable attorney fees at trial and on appeal to the defendant. [1971 c.744 §11; 1975 c.437 §3; 1981 c.897 §77; 1989 c.745 §1; 1995 c.618 §97; 2003 c.576 §215; 2010 c.94 §4]

Source: Section 646.632 — Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.474 — OR Code / Title 50 / Chapter 646a / Section 646a.474
646A.474 Applicability of other laws
Status: in_force

ORS 646A.460 (Definitions for ORS 646A.460 to 646A.476) to 646A.476 (Civil action for damages) shall not be construed as limiting rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights provided by ORS 646A.460 (Definitions for ORS 646A.460 to 646A.476) to 646A.476 (Civil action for damages) is void. [Formerly 646.496]

Source: Section 646A.474 — Applicability of other laws; waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.633 — OR Code / Title 50 / Chapter 646 / Section 646.633
646.633 Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services
Status: in_force

(1) For purposes of this section, “state regulated lender” means:

(a) A banking institution as defined in ORS 706.008 (Additional definitions for Bank Act) ;

(b) A credit union as defined in ORS 723.006 (“Credit union” defined) ;

(c) A person that is required to be licensed under ORS 725.045 (Prohibition on making certain consumer finance loans without license) ;

(d) A pawnbroker, as defined in ORS 726.010 (Definitions) , that is required to be licensed under ORS chapter 726;

(e) A mortgage banker or mortgage broker, as those terms are defined in ORS 86A.100 (Definitions) , that is required to be licensed under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) ; or

(f) A mortgage loan originator that is required to be licensed under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) .

(2) A prosecuting attorney may not take action under ORS 646.618 (Investigative demand) or 646.632 (Enjoining unlawful trade practices) with respect to an alleged unlawful practice under ORS 646.607 (Unlawful business, trade practices) or 646.608 (Additional unlawful business, trade practices) when the conduct involves loans or extensions of credit and was engaged in by a state regulated lender unless requested to do so by the Director of the Department of Consumer and Business Services. In any action requested to be taken by the director under this subsection, the director may elect to be named as a party to the proceeding or suit.

(3) The Attorney General may not adopt rules under ORS 646.608 (Additional unlawful business, trade practices) (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except with the prior review and approval of the proposed rules by the director. The Attorney General may not adopt rules under ORS 646.608 (Additional unlawful business, trade practices) (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except as provided in this subsection.

(4) As soon as practicable upon receipt, the Attorney General shall provide the director with copies of any complaint or other initial pleading or any judgment received under ORS 646.638 (Civil action by private party) when the action involves the conduct of a state regulated lender. [2010 c.94 §6; 2019 c.13 §61]

Source: Section 646.633 — Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.736 — OR Code / Title 50 / Chapter 646 / Section 646.736
646.736 Public policy
Status: in_force

(1) It is the public policy of the State of Oregon to encourage the efficient production and distribution of agricultural, seafood and other products derived from natural resources or labor resources of this state. Accordingly, a cooperative that operates in compliance with the provisions of ORS chapter 62 and that does not during its fiscal year market products for nonmember patrons in an amount greater in value than the products marketed for its members may not be deemed to be a conspiracy or combination in restraint of trade, or an illegal monopoly; nor shall the contracts of such cooperative authorized by ORS chapter 62, whether or not required by the cooperative as a condition of membership or of doing business with the cooperative, be construed as an unlawful restraint of trade, or as part of a conspiracy or combination to accomplish an improper or illegal purpose or act.

(2) A negotiating committee of dealers, as defined in ORS 646.515 (Definitions for ORS 646.515 to 646.545) (3), that operates in compliance with the provisions of ORS 646.737 (Exemption for negotiations governing sale price of Oregon blackberries) , 646.738 (Exemption for negotiations governing price for sale of grass seed) or 646.739 (Exemption for negotiations governing season starting price for sale of Oregon seafood) may not be deemed to be engaged in unlawful restraint of trade or to be participants in a conspiracy or combination to accomplish an improper or illegal purpose or act when the negotiating committee negotiates with a cooperative:

(a) The price for which the members of the cooperative will sell agricultural products to be produced by the members;

(b) The season starting price for which the members of the cooperative will sell seafood to be harvested by the members;

(c) The price to be paid for the services of producing agricultural products by the members or under the control of the members; or

(d) The season starting price for the services of harvesting seafood products by the members or under control of the members. [Formerly 62.845]

Note: 646.736 (Public policy) to 646.739 (Exemption for negotiations governing season starting price for sale of Oregon seafood) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 646 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 646.736 — Public policy; certain cooperative activities not unlawful , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.614 — OR Code / Title 50 / Chapter 646a / Section 646a.614
646A.614 Effect of security freeze on use of consumer reports or protective records
Status: in_force

(1) The provisions of ORS 646A.606 (Security freeze) to 646A.610 (Fees not permitted) do not apply to the use of a consumer report or a protective record by or for any of the following:

(a) A person, or the person’s subsidiary, affiliate, agent or assignee with which the consumer or protected consumer has or, prior to assignment, had an account, contract or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract or debtor-creditor relationship. For purposes of this subsection, “reviewing the account” includes activities related to account maintenance, monitoring, credit line increases and account upgrades and enhancements.

(b) Any person acting pursuant to a judgment, court order, warrant or subpoena.

(c) A federal, state or local governmental entity, a law enforcement agency or court, or an agent or assignee of the federal, state or local governmental entity, law enforcement agency or court, for the purpose of investigating fraud or investigating or collecting delinquent taxes, unpaid judgments or court orders or acting otherwise to fulfill statutory or regulatory duties, if the activities or statutory or regulatory duties are consistent with a permissible purpose under section 604 of the federal Fair Credit Reporting Act (15 U.S.C. 1681b) as that Act existed on October 1, 2007.

(d) The use of credit information for the purposes of prescreening in accordance with the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) as that Act existed on October 1, 2007.

(e) Any person for the sole purpose of providing a credit file monitoring subscription service, or similar service to which the consumer or protected consumer has subscribed or to which a representative has subscribed on behalf of the protected consumer.

(f) A consumer reporting agency for the sole purpose of providing a consumer, a protected consumer or a representative with a copy of the consumer’s or protected consumer’s consumer report upon the consumer’s, protected consumer’s or representative’s request.

(g) Any person or entity for the purpose of setting or adjusting rates, for handling claims or underwriting for insurance purposes, to the extent permitted by law.

(h) A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under ORS 646A.608 (Deadline for placing security freeze) (3) for purposes of facilitating the extension of credit or other permissible use.

(i) A child support agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.) as that Act existed on October 1, 2007.

(j) A person for the sole purpose of screening an applicant for a residential dwelling unit as described in ORS 90.295 (Applicant screening charges) (1).

(2) The provisions of ORS 646A.606 (Security freeze) to 646A.610 (Fees not permitted) do not apply to a protective record used:

(a) By an entity listed in ORS 646A.618 (Prohibition on changes to consumer report subject to security freeze) (2); or

(b) For purposes other than an extension of credit, including:

(A) Compiling a criminal record;

(B) Detecting or preventing fraud;

(C) Compiling a personal loss history; or

(D) Screening an applicant for employment, tenancy or other background checking purposes. [2007 c.759 §8; 2013 c.415 §6]

Source: Section 646A.614 — Effect of security freeze on use of consumer reports or protective records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.611 — OR Code / Title 50 / Chapter 646 / Section 646.611
646.611 Information required to be given by telephone or door to door seller to potential customer
Status: in_force

A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (Additional unlawful business, trade practices) (1)(n) unless the person:

(1) Within 30 seconds after beginning the conversation:

(a) Provides identification of both the person and whom the person represents;

(b) Explains the purpose of the person’s call;

(c) Provides a description in commonly understood terms of the goods or services offered for sale; and

(d) Inquires whether the person being solicited is interested in listening to a sales presentation and immediately discontinues the solicitation if the person being solicited gives a negative response; and

(2) During the course of the solicitation, states the total cost of the goods or services offered for sale and the number, timing and amount of installment payments if payment on an installment basis is available to the person being solicited. [1979 c.503 §6]

Source: Section 646.611 — Information required to be given by telephone or door to door seller to potential customer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.605 — OR Code / Title 50 / Chapter 646 / Section 646.605
646.605 Definitions for ORS 336.184 and 646.605 to 646.652
Status: in_force

As used in ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) :

(1) “Appropriate court” means the circuit court of a county:

(a) Where one or more of the defendants reside;

(b) Where one or more of the defendants maintain a principal place of business;

(c) Where one or more of the defendants are alleged to have committed an act prohibited by 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) ; or

(d) With the defendant’s consent, where the prosecuting attorney maintains an office.

(2) “Documentary material” means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated.

(3) “Examination” of documentary material includes inspection, study or copying of any documentary material, and taking testimony under oath or acknowledgment regarding any documentary material or copy thereof.

(4) “Person” means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity except bodies or officers acting under statutory authority of this state or the United States.

(5) “Prosecuting attorney” means the Attorney General or the district attorney of any county in which 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) is alleged to have occurred.

(6) Intentionally left blank —Ed.

(a) “Real estate, goods or services” means those that are or may be obtained primarily for personal, family or household purposes, or that are or may be obtained for any purposes as a result of a telephone solicitation, and includes loans and extensions of credit, and franchises, distributorships and other similar business opportunities, but does not include insurance.

(b) Notwithstanding paragraph (a) of this subsection:

(A) “Real estate” does not cover conduct covered by ORS chapter 90.

(B) “Loans and extensions of credit” does not include transactions involving a pawnbroker, as defined in ORS 726.010 (Definitions) , that is required to be licensed under ORS chapter 726.

(7) “Telephone solicitation” means a solicitation where a person, in the course of the person’s business, vocation or occupation, uses a telephone or an automatic dialing-announcing device to initiate telephonic contact with a potential customer and the person is not one of the following:

(a) A person who is a broker-dealer or salesperson licensed under ORS 59.175 (Procedures for notice filing and licensing) , or a mortgage banker or mortgage broker licensed under ORS 86A.106 (Procedures for licensing) , when the solicitation is for a security qualified for sale pursuant to ORS 59.055 (Conditions of offer and sale of securities) .

(b) A real estate licensee or a person who is otherwise authorized to engage in professional real estate activity pursuant to ORS chapter 696, when the solicitation involves professional real estate activity.

(c) A person licensed or exempt from licensure as a builder pursuant to ORS chapter 701, when the solicitation involves the construction, alteration, repair, improvement or demolition of a structure.

(d) A person licensed or otherwise authorized to sell insurance as an insurance producer pursuant to ORS chapter 744, when the solicitation involves insurance.

(e) A person soliciting the sale of a newspaper of general circulation, a magazine or membership in a book or record club who complies with ORS 646.611 (Information required to be given by telephone or door to door seller to potential customer) , when the solicitation involves newspapers, magazines or membership in a book or record club.

(f) A person soliciting without the intent to complete and who does not complete the sales presentation during the telephone solicitation and who only completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser.

(g) A supervised financial institution or parent, subsidiary or affiliate thereof. As used in this paragraph, “supervised financial institution” means any financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , or any personal property broker, consumer finance lender, commercial finance lender or insurer that is subject to regulation by an official or agency of this state or of the United States.

(h) A person who is authorized to conduct prearrangement or preconstruction funeral or cemetery sales, pursuant to ORS chapter 692, when the solicitation involves prearrangement or preconstruction funeral or cemetery plans.

(i) A person who solicits the services provided by a cable television system licensed or franchised pursuant to state, local or federal law, when the solicitation involves cable television services.

(j) A person or affiliate of a person whose business is regulated by the Public Utility Commission of Oregon.

(k) A person who sells farm products as defined by ORS 576.006 (Definitions for ORS 576.006 to 576.022) if the solicitation neither intends to nor actually results in a sale that costs the purchaser in excess of $100.

(L) An issuer or subsidiary of an issuer that has a class of securities that is subject to section 12 of the Securities Exchange Act of 1934 and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) or subsection (g) of that section.

(m) A person soliciting exclusively the sale of telephone answering services to be provided by that person or that person’s employer when the solicitation involves answering services.

(n) A telecommunications utility with access lines of 15,000 or less or a cooperative telephone association when the solicitation involves regulated goods or services.

(8) “Trade” and “commerce” mean advertising, offering or distributing, whether by sale, rental or otherwise, any real estate, goods or services, and include any trade or commerce directly or indirectly affecting the people of this state.

(9) “Unconscionable tactics” include, but are not limited to, actions by which a person:

(a) Knowingly takes advantage of a customer’s physical infirmity, ignorance, illiteracy or inability to understand the language of the agreement;

(b) Knowingly permits a customer to enter into a transaction from which the customer will derive no material benefit;

(c) Permits a customer to enter into a transaction with knowledge that there is no reasonable probability of payment of the attendant financial obligation in full by the customer when due; or

(d) Knowingly takes advantage of a customer who is a disabled veteran, a disabled servicemember or a servicemember in active service, or the spouse of a disabled veteran, disabled servicemember or servicemember in active service. For purposes of this paragraph:

(A) “Disabled veteran” has the meaning given that term in ORS 408.225 (Definitions for ORS 408.225 to 408.237) .

(B) “Disabled servicemember” means a servicemember, as defined in 50 U.S.C. 3911 as in effect on January 1, 2010, who may be entitled to disability compensation under laws administered by the United States Department of Veterans Affairs.

(C) “Servicemember in active service” means:

(i) A servicemember called into active service under Title 10 or Title 32 of the United States Code as in effect on January 1, 2010; or

(ii) A servicemember on state active duty, as defined in the Oregon Code of Military Justice.

(10) A willful violation occurs when the person committing the violation knew or should have known that the conduct of the person was a violation.

(11) A loan is made “in close connection with the sale of a manufactured dwelling” if:

(a) The lender directly or indirectly controls, is controlled by or is under common control with the seller, unless the relationship is remote and is not a factor in the transaction;

(b) The lender gives a commission, rebate or credit in any form to a seller who refers the borrower to the lender, other than payment of the proceeds of the loan jointly to the seller and the borrower;

(c) The lender is related to the seller by blood or marriage;

(d) The seller directly and materially assists the borrower in obtaining the loan;

(e) The seller prepares documents that are given to the lender and used in connection with the loan; or

(f) The lender supplies documents to the seller used by the borrower in obtaining the loan. [1965 c.490 §2; 1967 c.599 §1; 1971 c.744 §5; 1973 c.235 §1; 1977 c.195 §1; 1989 c.137 §1; 1993 c.508 §40; 1995 c.79 §328; 1997 c.249 §197; 1997 c.631 §514; 1999 c.59 §189; 1999 c.402 §6; 2001 c.917 §4; 2003 c.364 §52; 2003 c.658 §§11,12; 2007 c.71 §§198,199; 2007 c.319 §§31,32; 2009 c.215 §§1,2; 2010 c.94 §§1,2; 2013 c.1 §§79,80; 2013 c.81 §§23,24; 2019 c.13 §58]

Source: Section 646.605 — Definitions for ORS 336.184 and 646.605 to 646.652 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.360 — OR Code / Title 50 / Chapter 646a / Section 646a.360
646A.360 Unsolicited facsimile machine transmissions
Status: in_force

(1) If a person receives on a facsimile machine any unsolicited and unwanted advertising material for the sale of any realty, goods or services, the person may give the sender of such material written notice to discontinue further such transmissions. No person who has received such a discontinuance notice shall use a facsimile machine to transmit unsolicited advertising material for the sale of realty, goods or services to the person who gave the discontinuance notice for a period of one calendar year from the date the notice was given.

(2) As used in this section, “facsimile machine” means a machine that electronically transmits or receives facsimiles of documents through connection with a telephone network. [Formerly 646.872]

Source: Section 646A.360 — Unsolicited facsimile machine transmissions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.658 — OR Code / Title 50 / Chapter 646a / Section 646a.658
646A.658 Prohibited practices
Status: in_force

A licensee or a person that engages in debt buying may not:

(1) Perform any act, undertake any practice or employ any device, scheme or artifice in the course of the licensee’s or the person’s business that the Director of the Department of Consumer and Business Services defines by rule as dishonest, unethical or illegal or that would operate as a deceit or fraud upon any person.

(2) Allow an errors and omissions insurance policy required under ORS 646A.646 (License application) (3) to lapse or otherwise fail to maintain the insurance policy.

(3) Fail to comply with standards the director adopts under ORS 646A.655 (Compliance with director’s standards) .

(4) Knowingly make, in an application to obtain or renew a license under ORS 646A.646 (License application) or otherwise, an untrue statement of a material fact or omit to state a material fact that is necessary in order to make a statement true or not misleading in light of the circumstances under which the licensee or person makes the statement.

(5) Engage in debt buying if:

(a) A court has enjoined the licensee or person, temporarily or permanently, from engaging in debt buying or performing an act or undertaking a practice in the course of debt buying; or

(b) The licensee or person is subject to a United States Postal Service fraud order that was issued within the previous five years and that remains in effect.

(6) Violate any of the following laws or regulations as the laws or regulations apply to the licensee’s or person’s debt buying activities:

(a) The Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.;

(b) Federal regulations promulgated as 16 C.F.R. part 310 under 15 U.S.C. 6101 et seq.;

(c) Federal regulations promulgated as 16 C.F.R. part 681 under sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003, P.L. 108-159; and

(d) ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) . [2017 c.625 §9]

Source: Section 646A.658 — Prohibited practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.007 — OR Code / Title 50 / Chapter 648 / Section 648.007
648.007 Requirement to register assumed business name and service mark
Status: in_force

(1) No person shall carry on, conduct or transact business under an assumed business name in a county where the business is located, where a physical facility of the business is located or where an employee of the business is stationed, unless the person has registered the assumed business name as provided in this chapter and maintains a current registration.

(2) A person shall register a service mark as an assumed business name if the person carries on, conducts or transacts business under the service mark and the person does not disclose conspicuously the person’s real and true name at the time and place that the person carries on, conducts or transacts business.

(3) ORS 648.010 (Registration of assumed business name) and subsection (1) of this section do not apply to:

(a) A foreign corporation that applied for and was issued a certificate of authority prior to September 20, 1985, and that carries on, conducts or transacts business in this state exclusively under the name that it stated in its application that it elects to use in this state, as shown on the records of the Office of the Secretary of State.

(b) A partnership which uses the surname of all or some of the partners all of whom are licensed by a common licensure board or commission.

(c) A mutual and voluntary association composed of 10 or more farmers and landowners formed for the purpose of constructing, owning and operating reservoirs, irrigation ditches and irrigation works. The secretary of each association shall maintain a complete and current record of the association’s members, and shall furnish a copy of the record upon request.

(4) Nothing in this chapter shall preclude a person from registering more than one assumed business name. [1985 c.728 §92]

Source: Section 648.007 — Requirement to register assumed business name and service mark; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 646a.608 — OR Code / Title 50 / Chapter 646a / Section 646a.608
646A.608 Deadline for placing security freeze
Status: in_force

(1) Intentionally left blank —Ed.

(a) A consumer reporting agency shall place a security freeze on a consumer report not later than five business days after receiving from a consumer:

(A) The request described in ORS 646A.606 (Security freeze) (1); and

(B) Proper identification.

(b) If a consumer report does not exist for a protected consumer on behalf of whom a representative seeks to place a security freeze, a consumer reporting agency shall create a protective record after receiving from the representative the request described in ORS 646A.606 (Security freeze) (1), proper identification for both the representative and the protected consumer and sufficient proof of authority, as described in ORS 646A.606 (Security freeze) (3)(b). After creating a protective record for a protected consumer under this paragraph, the consumer reporting agency shall place the security freeze that the representative requested on the protected consumer’s protective record.

(c) The protective record that the consumer reporting agency creates under paragraph (b) of this subsection does not need to contain any information other than the protected consumer’s personal information, if other information for the protected consumer is not available. Except as provided in ORS 646A.614 (Effect of security freeze on use of consumer reports or protective records) , a consumer reporting agency may not use or release to another person the information in a protective record for the purpose of assessing a protected consumer’s eligibility or capacity for an extension of credit, as a basis for evaluating a protected consumer’s character, reputation or personal characteristics or for other purposes that are not related to protecting the protected consumer from identity theft.

(2) Intentionally left blank —Ed.

(a) A consumer reporting agency shall send a written confirmation of a security freeze on a consumer’s consumer report to the consumer at the last known address for the consumer shown in the consumer report that the consumer reporting agency maintains, within 10 business days after placing the security freeze and, with the confirmation, shall provide the consumer with a unique personal identification number or password or similar device the consumer must use to authorize the consumer reporting agency to release the consumer’s consumer report for a specific period of time or to permanently remove the security freeze. The consumer reporting agency shall include with the written confirmation information that describes how to remove a security freeze and how to temporarily lift a security freeze on a consumer report, other than a consumer report for a protected consumer, in order to allow access to information from the consumer’s consumer report for a period of time while the security freeze is in place.

(b) This subsection does not require a consumer reporting agency to provide a consumer or representative with a personal identification number or password for the consumer or representative to use to authorize the consumer reporting agency to release information from a protective record.

(3) Intentionally left blank —Ed.

(a) If a consumer wishes to allow the consumer’s consumer report to be accessed for a specific period of time while a security freeze is in effect, the consumer shall contact the consumer reporting agency using a point of contact the consumer reporting agency designates, request that the security freeze be temporarily lifted and provide the following:

(A) Proper identification;

(B) The unique personal identification number or password or similar device the consumer reporting agency provided under subsection (2) of this section; and

(C) An indication of the period of time during which the consumer report must be available to users of the consumer report.

(b) A protective record is not subject to a temporary lift of a security freeze.

(c) Except as provided in ORS 646A.612 (Conditions for lifting or removing security freeze) (2)(a), a consumer report for a protected consumer is not subject to a temporary lift of a security freeze.

(4) A consumer reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer report, other than a consumer report for a protected consumer, under subsection (3) of this section shall comply with the request not later than three business days after receiving from the consumer:

(a) Proper identification;

(b) The unique personal identification number or password or similar device the consumer reporting agency provided under subsection (2) of this section; and

(c) An indication of the period of time during which the consumer report must be available to users of the consumer report.

(5) Intentionally left blank —Ed.

(a) A security freeze for a consumer report must remain in place until the consumer requests, using a point of contact the consumer reporting agency designates, that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three business days after receiving a request for removal from the consumer, who provides:

(A) Proper identification; and

(B) The unique personal identification number or password or similar device the consumer reporting agency provided under subsection (2) of this section.

(b) A security freeze for a protective record must remain in place until the protected consumer or a representative requests, using a point of contact the consumer reporting agency designates, that the security freeze be removed or that the protective record be deleted. The consumer reporting agency does not have an affirmative duty to notify the protected consumer or the representative that a security freeze is in place or to remove the security freeze or delete the protective record once the protected consumer is no longer a protected consumer. A protected consumer or a representative has the affirmative duty to request that the consumer reporting agency remove the security freeze or delete the protective record. A consumer reporting agency shall remove a security freeze or delete a protective record within 30 business days after receiving a request for removal or deletion from the protected consumer or a representative, who provides:

(A) Proper identification;

(B) Sufficient proof of authority, as described in ORS 646A.606 (Security freeze) (3)(b), if the representative seeks to remove the security freeze or delete the protective record; and

(C) Proof that the representative’s authority to act on the protected consumer’s behalf is no longer valid or applicable, if the protected consumer seeks to remove the security freeze or delete the protective record. [2007 c.759 §5; 2013 c.415 §3; 2018 c.10 §4]

Source: Section 646A.608 — Deadline for placing security freeze; protective record creation; use and release of information; confirmation; personal identification number; exception; lifting and removal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.310 — OR Code / Title 50 / Chapter 646a / Section 646a.310
646A.310 Prohibited conduct by supplier
Status: in_force

(1) A supplier may not:

(a) Coerce or compel any retailer to:

(A) Order any farm implements or parts.

(B) Accept delivery of farm implements with special features or accessories not included in the base list price of the farm implements as publicly advertised by the supplier.

(C) Enter into any agreement, whether written or oral, supplementary to an existing retailer agreement with the supplier, unless the supplementary agreement or amendment to the agreement is applicable to all other similarly situated retailers in the state.

(b) Refuse to deliver in reasonable quantities and within a reasonable time after receipt of the retailer’s order, to any retailer having a retailer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the retailer agreement represented by the supplier to be available for immediate delivery.

(c) Require:

(A) As a condition of renewal or extension of a retailer agreement that the retailer complete substantial renovation of the retailer’s place of business, or acquire new or additional space to serve as the retailer’s place of business, unless the supplier provides at least one year’s written notice of the condition which states all grounds supporting the condition.

(B) A retailer to complete a renovation or acquisition in less than a reasonable time.

(C) A retailer to waive a right to bring an action to enforce the provisions of ORS 646A.300 (Definitions for ORS 646A.300 to 646A.322) to 646A.322 (Remedies) .

(d) Discriminate among similarly situated retailers in this state with respect to the prices charged for equipment of like grade and quality sold to them by the supplier.

(e) Unreasonably withhold consent for a retailer to change the capital structure of the retailer’s business or the means by which the retailer finances the business.

(f) Prevent or attempt to prevent any retailer or any officer, member, partner or stockholder of any retailer from selling or transferring any interest to any other party or parties.

(g) Require a retailer to assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by ORS 646A.300 (Definitions for ORS 646A.300 to 646A.322) to 646A.322 (Remedies) .

(h) Withhold consent to a transfer of an interest in a dealership unless the retailer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support a retailer.

(i) Unreasonably withhold consent to the sale, transfer or assignment of the retailer’s interest or power of management or control in the retailer’s business.

(j) In the event of the death or incapacity of the retailer or the principal owner of the retailer’s business, unreasonably withhold consent to the transfer of the retailer’s interest in the business to a person who meets the reasonable financial, business experience and character standards of the supplier.

(2) Intentionally left blank —Ed.

(a) Subsection (1)(a)(A) of this section does not apply if a law requires a retailer to order farm implements or parts.

(b) Subsection (1)(a)(B) of this section does not apply if:

(A) A law requires a supplier to supply farm implements with special features;

(B) The special features or accessories are safety features; or

(C) The retailer ordered the farm implements without coercion or compulsion.

(c) Intentionally left blank —Ed.

(A) As used in this paragraph, “act of nature” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

(B) Notwithstanding subsection (1)(b) of this section, a supplier may refuse to deliver equipment if the refusal is due to:

(i) Prudent and reasonable restrictions on extension of credit by the supplier to the retailer;

(ii) An act of nature;

(iii) A work stoppage or delay due to a strike or labor difficulty;

(iv) A bona fide shortage of materials;

(v) A freight embargo; or

(vi) Any other cause over which the supplier has no control.

(C) Subparagraph (B) of this paragraph applies only if the supplier bases delivery on ordering histories with priority given to the sequence in which the orders are received.

(d) Subsection (1)(d) of this section does not prohibit:

(A) A supplier from using differentials resulting from the differing quantities in which equipment is sold or delivered.

(B) A retailer from offering a lower price in order to meet an equally low price of a competitor or the services or facilities furnished by a competitor.

(e) Subsection (1)(e) of this section applies only if:

(A) The retailer meets the reasonable capital requirements imposed by the supplier;

(B) The retailer agreed to the capital requirements; or

(C) The change by the retailer does not result in a change of the controlling interest in the executive management or board of directors, or of any guarantors of the retailer.

(f) If a supplier does not accept a sale, transfer or assignment, the supplier shall provide written notice of the supplier’s objection and specific reasons for withholding consent.

(g) Notwithstanding subsection (1)(f) of this section, a retailer may not sell, transfer or assign the retailer’s interest or power of management or control without the written consent of the supplier.

(h) Subsection (1)(j) of this section does not apply if the retailer and supplier agreed to rights of succession.

(i) Notwithstanding subsection (1)(f), (h), (i) and (j) of this section, a supplier may withhold consent to a transfer of interest in a retailer if, with due regard to regional market conditions and distribution economies, the retailer’s area of responsibility or trade does not afford sufficient sales potential to reasonably support a retailer. [Formerly 646.447]

Source: Section 646A.310 — Prohibited conduct by supplier , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.881 — OR Code / Title 50 / Chapter 646 / Section 646.881
646.881 Definitions for ORS 646.881 to 646.885
Status: in_force

As used in ORS 646.881 (Definitions for ORS 646.881 to 646.885) to 646.885 (Use of terms in advertisement containing price comparison) , unless the context requires otherwise:

(1) “Advertisement” means any oral, written or graphic statement or representation made in connection with the solicitation of business in any manner by a seller and includes, but is not limited to, statements and representations made in any newspaper or other publication, on radio or television, or printed in any catalog, circular, or any other sales literature or brochure, any billboard, or any banner or sign visible from a street or highway adjacent to the seller’s place of business.

(2) “Price comparison” means the direct or indirect comparison in any advertisement whether or not expressed wholly or in part in dollars, cents, fractions or percentages of a seller’s current price for a product with any other price or statement of value, whether or not such price is actually stated in the advertisement. “Price comparison” includes any price reduction claim or savings claim which a seller makes with respect to the seller’s current price for any product. [1987 c.626 §2]

Source: Section 646.881 — Definitions for ORS 646.881 to 646.885 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.070 — OR Code / Title 50 / Chapter 646 / Section 646.070
646.070 Special payments to customers
Status: in_force

No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale or offering for sale of any products or commodities manufactured, service or output of a service trade, sold or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities, or service, or output of service trades.

Source: Section 646.070 — Special payments to customers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 650.220 — OR Code / Title 50 / Chapter 650 / Section 650.220
650.220 Consent of franchisor to sale, assignment or transfer of franchise
Status: in_force

(1) Notwithstanding the terms of any franchise, a franchisor shall not prohibit or unreasonably withhold its consent to any sale, assignment or other transfer of the franchise by a franchisee to a qualified third party.

(2) If the franchisor consents to the proposed sale, assignment or other transfer and the proposed third party has not previously been a party to a franchise with the franchisor, the franchisor at its option may require the third party to accept in lieu of the assigned franchise a trial franchise as defined in The Petroleum Marketing Practices Act, (15 U.S.C. 2803), on the terms and conditions then generally being extended by the franchisor to similarly situated franchisees. Entry into the trial franchise shall terminate the franchise proposed to be sold, assigned or transferred. [1987 c.917 §2]

Source: Section 650.220 — Consent of franchisor to sale, assignment or transfer of franchise; conditions for trial franchise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.302 — OR Code / Title 50 / Chapter 646a / Section 646a.302
646A.302 Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier
Status: in_force

The obligations of a supplier under ORS 646A.300 (Definitions for ORS 646A.300 to 646A.322) to 646A.322 (Remedies) apply to the supplier’s successor in interest or assignee. A successor in interest includes a purchaser of assets or shares, a surviving corporation or other entity resulting from a merger or liquidation, a receiver and a trustee of the original supplier. [Formerly 646.419]

Source: Section 646A.302 — Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.568 — OR Code / Title 50 / Chapter 646 / Section 646.568
646.568 Findings and purpose
Status: in_force

(1) The Legislative Assembly finds that:

(a) Fraud committed by means of unwanted telephone solicitations causes economic harm to Oregonians and constitutes an invasion of privacy and a threat to the welfare of the people of this state.

(b) Unwanted telephone solicitations cause Oregonians harm because:

(A) Telephone solicitations have become a primary tool for the marketing of real estate, goods and services to parties. Telephone solicitors have engaged in the practice of cold calling, which is the initiation of calls to parties with whom the telephone solicitors have no prior business relationship, to market scams, fraudulent schemes and worthless goods and services to unsuspecting parties who often lose thousands of dollars as a result of the solicitations.

(B) Telephone solicitors often make calls based on lists targeting the elderly or other vulnerable populations who are unable to assess the risks associated with engaging in sales transactions over the telephone.

(C) Technologies designed to assist parties in avoiding unwanted telephone solicitations are not effective and place an additional financial burden on parties, effectively shifting the cost of unwanted telephone solicitations to parties. These technologies include:

(i) Caller identification systems, for which parties bear the cost of the caller identification service and any related hardware, and for which technology exists that allows telephone solicitors to block caller identification data;

(ii) Privacy manager services that, for a fee, intercept calls; and

(iii) Unlisted telephone numbers, for which parties pay an additional fee.

(D) Unwanted telephone solicitations tie up telephone lines and prevent legitimate telephone calls from being received or placed by parties. Predictive dialers utilized by telephone solicitors that automatically dial parties’ telephone numbers frequently result in abandoned telephone solicitations and silence when the party answers the phone. These solicitations constitute an intrusion on the property of parties and an invasion of privacy.

(E) The growing practice of preacquired account telephone solicitation, in which a telephone solicitor acquires the party’s billing information prior to initiating a telephone solicitation, has increasingly resulted in unauthorized charges to parties’ financial accounts.

(c) Existing state and federal laws are inadequate to prevent the harm to the public welfare that results from telephone solicitations.

(d) Allowing parties to choose not to receive unwanted telephone solicitations by placing their telephone numbers on a “do not call” list provides a means by which parties can protect themselves from fraud related to telephone solicitations and from the resulting economic harm and invasion of privacy.

(2) The purpose 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) is to prevent the harmful effects set forth in subsection (1)(b) of this section that result from telephone solicitations without inhibiting legitimate telephone solicitations to parties who choose to receive them. Prohibiting telephone solicitations to those Oregonians whose telephone numbers appear on the list described in ORS 646.574 (List of persons who do not wish to receive telephone solicitations) enables Oregonians to choose whether to receive telephone solicitations. [2007 c.441 §2]

Source: Section 646.568 — Findings and purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.535 — OR Code / Title 50 / Chapter 646 / Section 646.535
646.535 Unfair trade practices prohibited
Status: in_force

(1) A dealer may not knowingly engage in the following unfair trade practices:

(a) Interfere with, restrain, coerce or boycott a producer in the exercise of the rights guaranteed pursuant to ORS 646.525 (Cooperative bargaining associations authorized) ;

(b) Discriminate against a producer with respect to price or other terms of purchase of raw agricultural commodities or Oregon seafood commodities, by reason of the producer’s membership in or contract with cooperative bargaining associations; or

(c) Pay or loan money, or give any other thing of value to a producer as an inducement or reward for refusing to or ceasing to belong to a cooperative bargaining association.

(2) A blackberry dealer, perennial ryegrass seed, annual ryegrass seed or tall fescue seed dealer or Oregon seafood commodity dealer who participates in negotiating committee activities described in ORS 646.737 (Exemption for negotiations governing sale price of Oregon blackberries) , 646.738 (Exemption for negotiations governing price for sale of grass seed) or 646.739 (Exemption for negotiations governing season starting price for sale of Oregon seafood) does not violate subsection (1) of this section. [1963 c.514 §3; 1969 c.165 §1; 2001 c.142 §5; 2003 c.487 §5; 2005 c.290 §2; 2009 c.241 §4]

Source: Section 646.535 — Unfair trade practices prohibited; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 648.005 — OR Code / Title 50 / Chapter 648 / Section 648.005
648.005 Definitions
Status: in_force

As used in this chapter:

(1) Intentionally left blank —Ed.

(a) “Assumed business name” means one or more words or numerals, or a combination of words and numerals, that a person uses to identify a business that the person carries on, conducts or transacts, if at the time and place that the person carries on, conducts or transacts the business, the person does not conspicuously disclose the real and true name of each person that is carrying on, conducting or transacting the business.

(b) “Assumed business name” includes a name that a person uses to identify a business that incorporates a word or phrase that suggests the existence of additional owners, such as “Company,” “& Company,” “& Daughters,” “& Associates,” or a similar word or phrase, unless the name is the real and true name of the person that carries on, conducts or transacts the business.

(2) “Business” means activity carried on, conducted or transacted by or on behalf of nonprofit, social, fraternal and charitable entities and unincorporated associations, or for commercial gain.

(3) “Carry on, conduct or transact business” means:

(a) To sell, purchase or lease real estate, goods, intangible property or services from or to another person;

(b) To solicit an investment in or a donation to a business;

(c) To knowingly permit another person to solicit an investment in or a donation to a business in which a person has an interest; or

(d) To apply for an extension of credit.

(4) “Entity” means a foreign or domestic corporation, foreign or domestic nonprofit corporation, foreign or domestic profit or nonprofit unincorporated association, foreign or domestic business trust, foreign or domestic limited partnership, foreign or domestic general partnership, foreign or domestic limited liability company, two or more persons that have a joint or common economic interest, a state, the United States, a federally recognized Native American or American Indian tribal government or a foreign government.

(5) “Person” means an individual or an entity.

(6) “Real and true name” means:

(a) The surname of an individual coupled with a combination of the individual’s given names or initials;

(b) The corporate name of a domestic corporation stated in the articles of incorporation or amendment filed with the office of the Secretary of State or the corporate name of a foreign corporation as stated under ORS 60.707 (Application for authority to transact business) (1);

(c) The name of a foreign or domestic limited partnership stated in the documents filed with the office of the Secretary of State under ORS chapter 70;

(d) The name of a foreign or domestic limited liability company stated in the documents filed with the office of the Secretary of State under ORS chapter 63;

(e) The name of a foreign or domestic nonprofit corporation stated in the documents filed with the office of the Secretary of State under ORS chapter 65;

(f) The name of a foreign or domestic general partnership stated in the documents filed with the office of the Secretary of State under this chapter; or

(g) The name of a foreign or domestic business trust or estate stated in the documents filed with the office of the Secretary of State.

(7) “Registrant” means a person for which the Secretary of State has registered an application filed under ORS 648.012 (Registration duty of Secretary of State) .

(8) “Service mark” has the meaning given in ORS 647.005 (Definitions) . [1963 c.551 §1; 1967 c.269 §5; 1971 c.194 §1; 1971 c.594 §35; 1985 c.677 §66a; 1985 c.728 §90; 1987 c.94 §105; 1995 c.454 §3; 2009 c.14 §6; 2009 c.294 §19; 2011 c.147 §28]

Source: Section 648.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 647.009 — OR Code / Title 50 / Chapter 647 / Section 647.009
647.009 Filing, service, copying and certification fees
Status: in_force

The Secretary of State shall collect the fees described in ORS 56.140 (Fees) for each document delivered for filing under this chapter and for process served on the Secretary of State under this chapter. The Secretary of State may collect the fees described in ORS 56.140 (Fees) for copying a public record under this chapter, certifying the copy or certifying other facts of record under this chapter. [1991 c.132 §23; 1999 c.652 §17; 2009 c.459 §4]

Source: Section 647.009 — Filing, service, copying and certification fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646.515 — OR Code / Title 50 / Chapter 646 / Section 646.515
646.515 Definitions for ORS 646.515 to 646.545
Status: in_force

As used in ORS 646.515 (Definitions for ORS 646.515 to 646.545) to 646.545 (Remedy for unfair trade practices) , unless the context requires otherwise:

(1) “Agricultural commodity” means any and all agricultural, horticultural, viticultural and vegetable products produced in this state, either in their natural state or as processed by a producer for the purpose of marketing such product, including bees and honey, but not including timber or timber products.

(2) “Cooperative bargaining association” means:

(a) An association of producers formed or operated pursuant to ORS chapter 62 with the purpose of group bargaining with respect to the sale of any agricultural commodity or Oregon seafood commodity.

(b) A fishermen’s marketing association or fishermen’s trade association organized under ORS chapter 62 or 65.

(3) Intentionally left blank —Ed.

(a) “Dealer” means, except as provided in paragraph (b) of this subsection, any person or agent of the person who purchases or contracts to purchase an agricultural commodity or Oregon seafood commodity from a producer or agent of the producer, for the purpose of packing, processing or marketing such commodity.

(b) “Dealer” does not include any organization operating as an agricultural cooperative or Oregon seafood harvester cooperative.

(4) “Oregon seafood commodity” means any food fish as defined in ORS 506.011 (Types of marine life defined) over which the State Fish and Wildlife Commission has jurisdiction.

(5) “Producer” means a person engaged in the business of producing agricultural commodities or harvesting Oregon seafood commodities. [1963 c.514 §1; 1997 c.296 §1; 1997 c.393 §1; 2003 c.487 §4]

Source: Section 646.515 — Definitions for ORS 646.515 to 646.545 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.826 — OR Code / Title 50 / Chapter 646 / Section 646.826
646.826 Counsel for persons testifying
Status: in_force

(1) Any person compelled to appear under a demand for oral testimony pursuant to ORS 646.750 (Investigative demand by Attorney General) may be accompanied, represented and advised by counsel with respect to any questions asked of such person. Such advice may be given in confidence.

(2) Such person may refuse to answer any question on grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person shall not otherwise refuse to answer any question.

(3) If such person refuses to answer any question on grounds of the privilege against self-incrimination, the testimony of the person may be compelled by the same procedure as provided in ORS 136.617 (Motion to compel witness who may be incriminated to testify) .

(4) The antitrust investigator or investigators conducting the examination shall exclude from the place where examination is held all other persons except the person being examined, the counsel of the person, the officer before whom the testimony is to be taken and any stenographer taking the testimony. [1977 c.729 §4]

Source: Section 646.826 — Counsel for persons testifying; grounds for refusing to answer questions; compelling testimony; exclusion of spectators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.510 — OR Code / Title 50 / Chapter 646a / Section 646a.510
646A.510 Exemptions
Status: in_force

(1) An antique or vintage crib that is clearly not intended for use by an infant is exempt from the provisions of ORS 646A.500 (Legislative findings) to 646A.514 (Scope of remedies) if the antique or vintage crib is accompanied at the time of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce by a notice furnished by the commercial user that states that the antique or vintage crib is not intended for use by an infant and that the antique or vintage crib is dangerous for use by an infant.

(2) A commercial user is exempt from liability resulting from use of an antique or vintage crib in a manner that is contrary to the notice required by this section.

(3) As used in this section, “antique or vintage crib” means a crib that is:

(a) 50 years or older measured from the current year;

(b) Maintained as a collector’s item; and

(c) Not intended for use by an infant. [Formerly 646.505]

Source: Section 646A.510 — Exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.342 — OR Code / Title 50 / Chapter 646a / Section 646a.342
646A.342 Prohibited conduct
Status: in_force

(1) A mail agent shall not contract with a tenant to receive United States mail or materials received from or delivered by a private express carrier on the tenant’s behalf if the mail agent knows or should know that the tenant has provided a false name, title or address to the mail agent.

(2) Prior to contracting with a tenant to receive United States mail or materials received from or delivered by a private express carrier on the tenant’s behalf, the mail agent shall independently verify:

(a) The identity of the tenant.

(b) The residence address of the tenant if the tenant is an individual or the business address of the tenant if the tenant is a business entity.

(c) In the case of a corporation, that the corporation is authorized to do business in this state.

(d) In the case of an entity using an assumed business name, that the name has been registered for use in the State of Oregon.

(3) The mail agent shall accept mail or materials received from or delivered by a private express carrier on behalf of the tenant only if the mail is, or the materials received from or delivered by a private express carrier are addressed to the tenant. The mail agent shall not deposit United States mail or materials received from or delivered by a private express carrier in any mailbox unless the addressee has rented a mailbox from the mail agent.

(4) Whenever a mail agent has reason to believe that a tenant is using a mailbox to escape identification, the mail agent shall immediately notify the Attorney General and the United States Postal Inspector. [Formerly 646.225]

Source: Section 646A.342 — Prohibited conduct; required verifications and notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.300 — OR Code / Title 50 / Chapter 645 / Section 645.300
645.300 Good faith actions not subject to liability
Status: in_force

No provision of this chapter imposing civil or criminal liability shall apply to an act done or omitted in good faith in conformity with a rule or order of the director, notwithstanding that the rule or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason. [1987 c.148 §17]

Source: Section 645.300 — Good faith actions not subject to liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 650.158 — OR Code / Title 50 / Chapter 650 / Section 650.158
650.158 Predelivery preparation and warranty service
Status: in_force

(1) Each manufacturer, distributor or importer shall specify in writing to each of the manufacturer’s, distributor’s or importer’s dealers in this state:

(a) The dealer’s obligations for predelivery preparation and warranty service on the manufacturer’s, distributor’s or importer’s motor vehicles;

(b) The schedule of compensation the manufacturer, distributor or importer will pay the dealer for parts, work and service in connection with predelivery preparation and warranty service; and

(c) The time allowances for performing predelivery preparation and warranty service.

(2) Intentionally left blank —Ed.

(a) A schedule of compensation must include reasonable compensation for diagnostic work, repair service and labor. Time allowances for diagnosing and performing predelivery and warranty service must be reasonable and adequate for the work to be performed. A manufacturer, distributor or importer may not pay an hourly rate to a dealer that is less than the rate the dealer charges nonwarranty customers for nonwarranty service and repairs. Reimbursement for parts, other than parts used to repair the living facilities of motor homes, that the dealer purchases for use in performing predelivery and warranty service must be the amount the dealer charges nonwarranty customers, as long as the amount is not unreasonable.

(b) Intentionally left blank —Ed.

(A) For purposes of this subsection and subject to subparagraphs (B) and (C) of this paragraph, to determine compensation under this subsection, a dealer shall propose an hourly rate and an amount for parts that the dealer charges nonwarranty customers by submitting to the manufacturer, distributor or importer copies of 100 sequential nonwarranty service repair invoices that customers paid or 90 consecutive days’ worth of nonwarranty service invoices that customers paid, whichever is less, for repairs the dealer made not more than 180 days before the dealer’s submission. If the manufacturer, distributor or importer does not contest the dealer’s proposal and the dealer otherwise complies with the provisions of this paragraph, the dealer’s proposal is presumed to be fair and reasonable.

(B) A manufacturer, distributor or importer may contest the dealer’s proposal with evidence that the dealer’s proposal is not accurate or on the basis that the dealer’s proposal does not reasonably conform with the hourly rate or the amount for parts that other dealers charge nonwarranty customers in the same line-make in market areas that are contiguous to the dealer’s market area or with other relevant evidence. In contesting a dealer’s proposal based on evidence from other dealers in the contiguous market area, a manufacturer, distributor or importer shall rely on evidence from at least three other dealers in the contiguous market area or three dealers in an economically similar market within the manufacturer’s, distributor’s or importer’s region.

(C) A dealer may not include in the dealer’s proposal:

(i) Repairs for a manufacturer’s, distributor’s or importer’s specials, special events or promotional discounts for retail customer repairs;

(ii) Parts sold at wholesale;

(iii) Routine maintenance that a retail customer warranty does not cover, such as fluids, filters and belts that a dealer uses in performing work other than repairs;

(iv) Nuts, bolts, fasteners and similar items that do not have an individual part number; and

(v) Vehicle reconditioning.

(c) The hourly rate or the amount for parts that a dealer charges nonwarranty customers that the dealer proposes under paragraph (b)(A) of this subsection becomes effective 30 days after the manufacturer, distributor or importer approves the hourly rate or the amount for parts. For purposes of this paragraph, a manufacturer, distributor or importer approves the dealer’s proposal if the manufacturer, distributor or importer does not contest the proposed hourly rate or amount for parts within 30 days after the dealer submits the proposal.

(d) If a manufacturer, distributor or importer contests a dealer’s proposal, the manufacturer, distributor or importer shall propose an adjustment to the dealer’s proposal not later than 30 days after the dealer submits the dealer’s proposal.

(e) Once per year, a manufacturer, distributor or importer may verify the dealer’s hourly rate or the amount for parts the dealer charges nonwarranty customers. If the manufacturer, distributor or importer finds that the dealer’s hourly rate or the amount for parts has decreased, the manufacturer, distributor or importer may reduce the dealer’s compensation under this subsection prospectively.

(3) A manufacturer, distributor or importer shall include, in written notices of vehicle recalls to motor vehicle owners and dealers, the expected date by which necessary parts and equipment will be available to the dealers to correct the defect or defects. A manufacturer, distributor or importer shall adequately compensate a dealer for repair service the dealer performs under the recall.

(4) A manufacturer, distributor or importer shall:

(a) Pay or credit a dealer for labor or parts the dealer claims under this section within 30 days after approving the dealer’s claim;

(b) Approve or disapprove, in the manner the manufacturer, distributor or importer specifies, all claims that a dealer makes for labor or parts within 30 days after receiving the claim;

(c) Treat as approved any claim that a manufacturer, distributor or importer did not approve or disapprove within 30 days after the manufacturer, distributor or importer received the claim and pay or credit the dealer for the claim within 60 days after receiving the claim; and

(d) Notify the dealer in writing of the manufacturer’s, distributor’s or importer’s grounds for disapproving a claim.

(5) A manufacturer, distributor or importer may not:

(a) Recover all or a portion of cost of compensating a dealer for warranty parts or service by reducing the amount due a dealer or by imposing a separate charge, surcharge, administrative fee or other fee.

(b) Deny or charge back a dealer’s claim solely because a dealer failed to comply with a specific claim processing procedure because of a clerical or administrative error that does not affect the legitimacy of the dealer’s claim, if the dealer resubmits the claim in compliance with the manufacturer’s, distributor’s or importer’s claim processing procedure within 45 days after the manufacturer, distributor or importer initially denies or charges back the claim. [1991 c.609 §3; 1999 c.660 §5; 2013 c.329 §3; 2015 c.584 §4]

Source: Section 650.158 — Predelivery preparation and warranty service; notice to dealers; schedule of compensation; determination; claims by dealers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.092 — OR Code / Title 50 / Chapter 646a / Section 646a.092
646A.092 Advertisements for sale or lease of motor vehicle
Status: in_force

(1) As used in this section:

(a) “Advertisement” means any public notice or announcement of a motor vehicle for sale or lease.

(b) “Motor vehicle” has the meaning given that term in ORS 801.360 (“Motor vehicle.”) , except that “motor vehicle” does not include commercial vehicles, as defined in ORS 801.210 (“Commercial vehicle.”) , or commercial motor vehicles, as defined in ORS 801.208 (“Commercial motor vehicle.”) .

(c) “Seller” means a person that is engaged in the business of selling or leasing motor vehicles.

(d) “Trade publication” means a motor vehicle price guide that is nationally recognized and distributed.

(2) An advertisement for the sale or lease of a motor vehicle may not claim that a seller will value property being offered in exchange for payment toward the motor vehicle:

(a) At a specific amount;

(b) Within a range of specified amounts;

(c) At a guaranteed minimum amount; or

(d) As a multiple of or an increase in trade-in allowance.

(3) This section does not apply to an advertisement for a used motor vehicle that:

(a) References a value cited in a trade publication that is not published by the seller and that is readily accessible by the public;

(b) Clearly and conspicuously discloses the name of the trade publication being referenced;

(c) Clearly and conspicuously includes the following disclaimer in at least 10-point bold type: “THE VALUE OF USED MOTOR VEHICLES VARIES WITH MILEAGE, USAGE, INCLUDED ACCESSORIES AND CONDITION. BOOK VALUES SHOULD BE CONSIDERED ESTIMATES ONLY.”; and

(d) If the publisher of the trade publication publishes and distributes separate issues for specific geographic regions, references the value cited for the geographic region in which the motor vehicle is being offered for sale. [2011 c.57 §1]

Source: Section 646A.092 — Advertisements for sale or lease of motor vehicle; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.462 — OR Code / Title 50 / Chapter 646a / Section 646a.462
646A.462 Express warranty
Status: in_force

(1) A manufacturer who sells or leases an assistive device, including a demonstrator, to a consumer, either directly or through a dealer, shall furnish, at a minimum, an express warranty that the device shall be free from any nonconformity. The manufacturer shall set forth the warranty fully in readily understood language and shall clearly identify the party making the warranty, the rights that the warranty gives the consumer and how the consumer can exercise the rights.

(2) If the manufacturer does not furnish the express warranty described in subsection (1) of this section, the manufacturer shall be considered to have provided an express warranty that the device shall be free from any nonconformity.

(3) The duration of the warranty shall be not less than one year from the date of first delivery of the assistive device to the consumer. [Formerly 646.484]

Source: Section 646A.462 — Express warranty; duration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.235 — OR Code / Title 50 / Chapter 650 / Section 650.235
650.235 Franchisor prohibited from requiring operation of service station in excess of 16 hours per day
Status: in_force

(1) A franchisor, as a condition for renewal of a franchisee lease or a supply agreement, shall not require a franchisee to operate a service station for the sale of motor fuel to the public for ultimate consumption in excess of 16 hours per day.

(2) This section shall not apply:

(a) If specific hours of business or operation are required under the franchisor’s prime lease or license from any governmental entity, airport, parking, marine or port authority, shopping center or any private investor not affiliated with or controlled by the franchisor;

(b) If the service station is located within one-fourth mile of access to any limited access highway of the federal highway system;

(c) To hours of operation exceeding 16 hours per day that have been agreed upon by the franchisor and the franchisee; or

(d) If the franchisor uniformly requires a 24-hour operation by all of its franchisees. [1987 c.917 §7]

Source: Section 650.235 — Franchisor prohibited from requiring operation of service station in excess of 16 hours per day; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 650.075 — OR Code / Title 50 / Chapter 650 / Section 650.075
650.075 Manner of executing service of process
Status: in_force

(1) The service referred to in ORS 650.070 (Director as agent for service of process) shall be made by:

(a) Serving the Director of the Department of Consumer and Business Services or a clerk on duty at the Department of Consumer and Business Services a copy of the process, notice or demand, with any papers required by law to be delivered in connection with the service, or by mailing to the department a copy of the process, notice or demand by certified or registered mail, and a fee of $2 for each party being served;

(b) Transmittal of notice of the service on the director, together with one copy of each of the papers required by law to be delivered in connection with the service, by certified mail to the person being served:

(A) At such person’s address, if any, as it appears in the records of the director; and

(B) At any address the use of which the person initiating the proceedings knows or, on the basis of reasonable inquiry, has reason to believe is most likely to result in actual notice to the person to be served; and

(c) Filing with the appropriate court or other body, as part of the return of service, the return mailing receipt and an affidavit of the person initiating the proceedings that there has been compliance with this section and ORS 650.070 (Director as agent for service of process) .

(2) After completion of initial service upon the director, no additional documents need be served upon the director to maintain jurisdiction in the same proceeding or to give notice of any motion or provisional process. [1973 c.509 §10; 1987 c.603 §27]

Source: Section 650.075 — Manner of executing service of process; effect of initial service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 650.380 — OR Code / Title 50 / Chapter 650 / Section 650.380
650.380 Dealer’s successor
Status: in_force

(1) A grantor shall permit a dealer who is an individual to change the dealer’s designation of a member of the dealer’s family to succeed to the dealer’s interest in the dealer’s business and dealership agreement.

(2) Upon the dealer’s death, incapacity or retirement, the grantor shall accept the transfer of the dealer’s interest in the dealer’s business and dealership agreement to the member of the family designated by the dealer.

(3) Subsection (2) of this section does not apply if the grantor notifies the designated family member that the grantor has reasonable grounds to object to the designated family member.

(4) As used in this section and ORS 650.370 (Transfer by dealer) , “reasonable grounds to object” includes, but is not limited to, the designated family member’s conviction of a felony or a lack of creditworthiness, experience to operate the business or licenses or certificates necessary to operate the business.

(5) A designated family member’s right to succeed to the dealer’s interest in the dealer’s business and dealership agreement does not include the right to relocate the dealer’s business or change the terms of the dealership agreement. [2003 c.377 §9]

Source: Section 650.380 — Dealer’s successor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646.760 — OR Code / Title 50 / Chapter 646 / Section 646.760
646.760 Civil penalties
Status: in_force

(1) The Attorney General may prosecute an action for appropriate injunctive relief and civil penalties in the name of the state for any 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) . The court may assess for the benefit of the state a civil penalty of not more than $1 million for each 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) . A court may find that any act or series of acts by an officer, partner or agent of a business entity on behalf of the business entity constitutes a violation or violations by the individual person as well as the business entity. The court may impose separate penalties against each individual as well as the business entity for each violation. The court may award reasonable attorney fees, expert fees and costs of investigation to the Attorney General if the Attorney General prevails in an action under this section. The court may award reasonable attorney fees, expert fees and costs of investigation to a defendant who prevails in an action under this section if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(2) The Attorney General’s complaint may also seek, and the court may order, in an appropriate case, the forfeiture of any corporate franchise, business entity registration, professional or business license or right to do business or to use an assumed business name if the court finds a defendant’s use of the franchise, business entity registration, license or right has been material to a violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) .

(3) The court shall take into consideration in mitigation of any penalty assessed under this section, any fine or penalty imposed against the defendant by a United States court in a final judgment under 15 U.S.C. 1 to 45, which the court finds to be based on the same or substantially the same acts of defendant. [1975 c.255 §8; 1981 c.897 §80; 1995 c.696 §36; 1999 c.370 §1; 2023 c.103 §2]

Source: Section 646.760 — Civil penalties; attorney fees; mitigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.572 — OR Code / Title 50 / Chapter 646a / Section 646a.572
646A.572 Scope and application
Status: in_force

(1) ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) apply to any person that conducts business in this state, or that provides products or services to residents of this state, and that during a calendar year, controls or processes:

(a) The personal data of 100,000 or more consumers, other than personal data controlled or processed solely for the purpose of completing a payment transaction; or

(b) The personal data of 25,000 or more consumers, while deriving 25 percent or more of the person’s annual gross revenue from selling personal data.

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

(a) A public corporation, including the Oregon Health and Science University and the Oregon State Bar, or a public body, as defined in ORS 174.109 (“Public body” defined) ;

(b) Protected health information that a covered entity or business associate processes in accordance with, or documents that a covered entity or business associate creates for the purpose of complying with, the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and regulations promulgated under the Act, as in effect on January 1, 2024;

(c) Information used only for public health activities and purposes described in 45 C.F.R. 164.512, as in effect on January 1, 2024;

(d) Information that identifies a consumer in connection with:

(A) Activities that are subject to the Federal Policy for the Protection of Human Subjects, codified as 45 C.F.R. part 46 and in various other federal regulations, as in effect on January 1, 2024;

(B) Research on human subjects undertaken in accordance with good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use;

(C) Activities that are subject to the protections provided in 21 C.F.R. parts 50 and 56, as in effect on January 1, 2024; or

(D) Research conducted in accordance with the requirements set forth in subparagraphs (A) to (C) of this paragraph or otherwise in accordance with applicable law;

(e) Patient identifying information, as defined in 42 C.F.R. 2.11, as in effect on January 1, 2024, that is collected and processed in accordance with 42 C.F.R. part 2;

(f) Patient safety work product, as defined in 42 C.F.R. 3.20, as in effect on January 1, 2024, that is created for purposes of improving patient safety under 42 C.F.R. part 3;

(g) Information and documents created for the purposes of the Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq., and implementing regulations, both as in effect on January 1, 2024;

(h) Information that originates from, or that is intermingled so as to be indistinguishable from, information described in paragraphs (b) to (g) of this subsection that a covered entity or business associate, or a program of a qualified service organization, as defined in 42 C.F.R. 2.11, as in effect on January 1, 2024, creates, collects, processes, uses or maintains in the same manner as is required under the laws, regulations and guidelines described in paragraphs (b) to (g) of this subsection;

(i) Information processed or maintained solely in connection with, and for the purpose of, enabling:

(A) An individual’s employment or application for employment;

(B) An individual’s ownership of, or function as a director or officer of, a business entity;

(C) An individual’s contractual relationship with a business entity;

(D) An individual’s receipt of benefits from an employer, including benefits for the individual’s dependents or beneficiaries; or

(E) Notice of an emergency to persons that an individual specifies;

(j) Any activity that involves collecting, maintaining, disclosing, selling, communicating or using information for the purpose of evaluating a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living if done strictly in accordance with the provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., as in effect on January 1, 2024, by:

(A) A consumer reporting agency, as defined in 15 U.S.C. 1681a(f), as in effect on January 1, 2024;

(B) A person who furnishes information to a consumer reporting agency under 15 U.S.C. 1681s-2, as in effect on January 1, 2024; or

(C) A person who uses a consumer report as provided in 15 U.S.C. 1681b(a)(3);

(k) Information collected, processed, sold or disclosed under and in accordance with the following federal laws, all as in effect on January 1, 2024:

(A) The Gramm-Leach-Bliley Act, P.L. 106-102, and regulations adopted to implement that Act;

(B) The Driver’s Privacy Protection Act of 1994, 18 U.S.C. 2721 et seq.;

(C) The Family Educational Rights and Privacy Act, 20 U.S.C. 1232g and regulations adopted to implement that Act; and

(D) The Airline Deregulation Act, P.L. 95-504, only to the extent that an air carrier collects information related to prices, routes or services and only to the extent that the provisions of the Airline Deregulation Act preempt ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) ;

(L) A financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , or a financial institution’s affiliate or subsidiary that is only and directly engaged in financial activities, as described in 12 U.S.C. 1843(k), as in effect on January 1, 2024;

(m) Information that originates from, or is intermingled so as to be indistinguishable from, information described in paragraph (k)(A) of this subsection and that a licensee, as defined in ORS 725.010 (Definitions) , collects, processes, uses or maintains in the same manner as is required under the laws and regulations specified in paragraph (k)(A) of this subsection;

(n) An insurer, as defined in ORS 731.106 (“Insurer.”) , other than a person that, alone or in combination with another person, establishes and maintains a self-insurance program and that does not otherwise engage in the business of entering into policies of insurance;

(o) An insurance producer, as defined in ORS 731.104 (“Insurance producer.”) ;

(p) An insurance consultant, as defined in ORS 744.602 (Definitions) ;

(q) A person that holds a third party administrator license issued under ORS 744.710 (Issuance or denial of license) ;

(r) A nonprofit organization that is established to detect and prevent fraudulent acts in connection with insurance; and

(s) Noncommercial activity of:

(A) A publisher, editor, reporter or other person who is connected with or employed by a newspaper, magazine, periodical, newsletter, pamphlet, report or other publication in general circulation;

(B) A radio or television station that holds a license issued by the Federal Communications Commission;

(C) A nonprofit organization that provides programming to radio or television networks; or

(D) An entity that provides an information service, including a press association or wire service.

(3) ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) do not prohibit a controller or processor from:

(a) Complying with federal, state or local statutes, ordinances, rules or regulations;

(b) Complying with a federal, state or local governmental inquiry, investigation, subpoena or summons related to a civil, criminal or administrative proceeding;

(c) Cooperating with a law enforcement agency concerning conduct or activity that the controller or processor reasonably and in good faith believes may violate federal, state or local statutes, ordinances, rules or regulations;

(d) Investigating, establishing, initiating or defending legal claims;

(e) Preventing, detecting, protecting against or responding to, and investigating, reporting or prosecuting persons responsible for, security incidents, identity theft, fraud, harassment or malicious, deceptive or illegal activity or preserving the integrity or security of systems;

(f) Identifying and repairing technical errors in a controller’s or processor’s information systems that impair existing or intended functionality;

(g) Providing a product or service that a consumer specifically requests from the controller or processor or requests as the parent or guardian of a child on the child’s behalf or as the guardian or conservator of a person subject to a guardianship, conservatorship or other protective arrangement on the person’s behalf;

(h) Negotiating, entering into or performing a contract with a consumer, including fulfilling the terms of a written warranty;

(i) Protecting any person’s health and safety;

(j) Effectuating a product recall;

(k) Conducting internal research to develop, improve or repair products, services or technology;

(L) Performing internal operations that are reasonably aligned with a consumer’s expectations, that the consumer may reasonably anticipate based on the consumer’s existing relationship with the controller or that are otherwise compatible with processing data for the purpose of providing a product or service the consumer specifically requested or for the purpose of performing a contract to which the consumer is a party; or

(m) Assisting another controller or processor with any of the activities set forth in this subsection.

(4) ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) do not apply to the extent that a controller’s or processor’s compliance with ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) would violate an evidentiary privilege under the laws of this state. Notwithstanding the provisions of ORS 646A.570 (Definitions) to 646A.589 (Investigative demand by Attorney General) , a controller or processor may provide personal data about a consumer in a privileged communication to a person that is covered by an evidentiary privilege under the laws of this state.

(5) A controller may process personal data in accordance with subsection (3) of this section only to the extent that the processing is adequate and reasonably necessary for, relevant to, proportionate in relation to and limited to the purposes set forth in this section.

(6) Collection, use and retention of personal data under subsection (3)(e) and (f) of this section must, where applicable, take into account the nature and purpose of the collection, use or retention. The personal data must be subject to reasonable administrative, technical and physical measures to protect the confidentiality, integrity and security of the personal data and reduce reasonably foreseeable risks of harm to consumers from the collection, use or retention.

(7) A controller that claims that the controller’s processing of personal data is exempt under subsection (3) of this section has the burden of demonstrating that the controller’s processing qualifies for the exemption and complies with the requirements of subsections (5) and (6) of this section. [2023 c.369 §2]

Note: 646A.572 (Scope and application) becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.

Source: Section 646A.572 — Scope and application; exclusions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.325 — OR Code / Title 50 / Chapter 646a / Section 646a.325
646A.325 Repurchase of motor vehicle by manufacturer
Status: in_force

(1) The manufacturer of a motor vehicle who repurchases the vehicle for any reason shall inform any vehicle dealer to whom the manufacturer subsequently delivers the vehicle for resale that the vehicle has been repurchased by the manufacturer. If the reason for the repurchase was failure or inability to conform the vehicle to express warranties 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) or any similar law of another jurisdiction, the manufacturer shall also inform the dealer of that fact.

(2) A dealer who has been given information required by subsection (1) of this section shall give the information, in writing, to any prospective buyer of the vehicle.

(3) An owner of a motor vehicle who has been given information as required by subsection (1) or (2) of this section shall give the information, in writing, to any prospective buyer of the vehicle.

(4) As used in this section and ORS 646A.327 (Attorney fees for action under ORS 646A.325) , “motor vehicle” has the meaning given in ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) . [Formerly 646.874]

Source: Section 646A.325 — Repurchase of motor vehicle by manufacturer; notice to dealer; contents of notice; notice to prospective buyer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.215 — OR Code / Title 50 / Chapter 650 / Section 650.215
650.215 Prohibited conduct in offer, sale or purchase of franchise
Status: in_force

It is unlawful for any person in connection with the offer, sale or purchase of any franchise directly or indirectly:

(1) To sell or offer to sell a franchise in this state by means of any written or oral communication which includes an untrue statement of a material fact.

(2) To employ any device, scheme or artifice to defraud.

(3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person. [1987 c.917 §10]

Source: Section 650.215 — Prohibited conduct in offer, sale or purchase of franchise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.450 — OR Code / Title 50 / Chapter 646a / Section 646a.450
646A.450 Rules
Status: in_force

(1) The Director of the Department of Consumer and Business Services may adopt rules to implement and enforce ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) .

(2) The director may investigate warrantors or other persons as reasonably necessary to enforce ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) and to protect consumers in this state. [2007 c.685 §11]

Source: Section 646A.450 — Rules; investigative powers of department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.352 — OR Code / Title 50 / Chapter 646a / Section 646a.352
646A.352 Penalty
Status: in_force

Violation of ORS 646A.350 (Delivery of unrequested hazardous substances prohibited) is a Class A misdemeanor. [Formerly 646.992]

Source: Section 646A.352 — Penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.765 — OR Code / Title 50 / Chapter 646a / Section 646a.765
646A.765 Penalties
Status: in_force

Violation of a provision of ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant) or 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) is a Class A misdemeanor. [2008 c.19 §18; 2011 c.597 §260]

Source: Section 646A.765 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.508 — OR Code / Title 50 / Chapter 646a / Section 646a.508
646A.508 Penalties
Status: in_force

(1) A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (Prohibited conduct) (1) to (3) commits a Class A violation.

(2) An individual who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (Prohibited conduct) (1) to (3) commits a Class B violation. [Formerly 646.504; 2011 c.597 §259]

Source: Section 646A.508 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.925 — OR Code / Title 50 / Chapter 646 / Section 646.925
646.925 Enforcement
Status: in_force

The State Department of Agriculture shall enforce the provisions of ORS 646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements) to 646.923 (Retention of certificate of analysis) and is authorized to make any rules necessary to carry out the provisions of ORS 646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements) to 646.923 (Retention of certificate of analysis) in accordance with the applicable provisions of ORS chapter 183. [1985 c.468 §5]

Source: Section 646.925 — Enforcement; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.567 — OR Code / Title 50 / Chapter 646 / Section 646.567
646.567 Definitions for ORS 646.567 to 646.578
Status: in_force

As used in ORS 646.567 (Definitions for ORS 646.567 to 646.578) to 646.578 (Notice of provisions of ORS 646.567 to 646.578) , unless the context otherwise requires:

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

(2) “Information about a party” means information specific to a party, including but not limited to the name and address of the party and the method by which the party paid the fee required by ORS 646.574 (List of persons who do not wish to receive telephone solicitations) .

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

(4) “Qualified trade association” means an organization with at least the following characteristics:

(a) Written bylaws or governing documents including a code of conduct for its members; and

(b) Criteria and procedures for expelling or suspending members who violate the association’s bylaws or governing documents.

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

(a) Calls made in response to a request or inquiry by the called party;

(b) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have donated or expressed an interest in donating real estate, goods or services to the organization or agency;

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

(d) Business to business contacts. [1989 c.451 §1; 1999 c.564 §6; 2001 c.170 §1; 2007 c.441 §4]

Source: Section 646.567 — Definitions for ORS 646.567 to 646.578 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 650.320 — OR Code / Title 50 / Chapter 650 / Section 650.320
650.320 Dealership agreement
Status: in_force

(1) A dealership agreement shall:

(a) Contain a provision that the law of this state governs the agreement;

(b) Assign the dealer an area of sales responsibility;

(c) If the dealer is an individual, include the designation of a member of the dealer’s family to succeed to the dealer’s interests in the dealer’s business and dealership agreement upon the dealer’s death, incapacity or retirement; and

(d) Inform the dealer of the dealer’s obligations:

(A) To perform warranty service;

(B) To prepare products for delivery to the consumer; and

(C) To deliver products to the consumer.

(2) Upon a dealer’s request, a grantor shall reconsider the scope of the dealer’s area of sales responsibility once a year.

(3) During the term of a dealership agreement, a grantor may not:

(a) Change the dealer’s area of sales responsibility; or

(b) Authorize another dealer to sell or lease the same line make in the area of sales responsibility.

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

(a) Good cause exists to authorize another dealer in the same area of sales responsibility; and

(b) The area of sales responsibility will support the existing dealer and the new dealer. [2003 c.377 §3]

Source: Section 650.320 — Dealership agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.787 — OR Code / Title 50 / Chapter 646a / Section 646a.787
646A.787 Fiduciary responsibilities
Status: in_force

(1) A person that is subject to ORS 646A.770 (Definitions) to 646A.787 (Fiduciary responsibilities) shall act in a fiduciary capacity with respect to funds the person receives or holds for the benefit of another person.

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

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

(b) Vary the benefits, terms, conditions or price of the guaranteed asset protection waiver on account of a borrower’s race, sex, sexual orientation, gender identity, income or education. [2015 c.523 §7; 2021 c.367 §28]

Source: Section 646A.787 — Fiduciary responsibilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.646 — OR Code / Title 50 / Chapter 646a / Section 646a.646
646A.646 License application
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person that is subject to the requirement to obtain or renew a license under ORS 646A.643 (License requirement to engage in debt buying) (1) shall submit an application to the Director of the Department of Consumer and Business Services in the manner the director specifies by rule. The director by rule shall specify the format and contents of the application form. At a minimum, the rules must require an applicant or licensee to:

(A) List the applicant’s or licensee’s name and address and all assumed business names or other names the applicant or licensee has used in the course of engaging in debt buying or otherwise purchasing debt.

(B) List the name and address of the applicant’s or licensee’s registered agent in this state or another person that serves as the applicant’s or licensee’s agent for accepting service of process in this state.

(C) List the names and addresses of the applicant’s or licensee’s directors, members, officers, managers, partners and controllers.

(D) Provide a history of all enforcement actions or administrative, civil or criminal proceedings that involved a failure by the applicant or licensee or a director, member, officer, manager, partner or controller of the applicant or licensee to comply with federal or state law, regulations or rules.

(E) List all instances in which the applicant or licensee had a license, registration or other equivalent authorization to engage in debt buying denied, suspended, conditioned or revoked, unless the revocation was later rescinded, in this or another state.

(F) Disclose for the applicant or licensee and each of the applicant’s or licensee’s directors, members, officers, managers, partners and controllers all violations and arrests and all no contest pleas, guilty pleas and convictions, other than convictions that were later pardoned, in a federal, state, military or foreign court that involved a felony or a misdemeanor, if an element of the misdemeanor was a false statement or dishonesty, and that occurred:

(i) In the seven years before the date of an application under this section; or

(ii) At any time before the date of an application under this section if the conviction or plea involved a felony, an element of which was an act of fraud, dishonesty, a breach of trust or laundering a monetary instrument.

(b) The director by rule may require an applicant to apply for a license through the Nationwide Multistate Licensing System and may conform the practices, procedures and information the Department of Consumer and Business Services uses to issue or renew a license under this section with the practices, procedures and information the Nationwide Multistate Licensing System requires.

(c) The director by rule may require an applicant or licensee to submit fingerprints for any of the applicant’s directors, members, officers, managers, partners or controllers and to undergo a criminal records check as part of an application under this section.

(2) An applicant or licensee shall pay, when applying to obtain or renew a license, a nonrefundable fee in an amount that the director specifies by rule. The director shall specify an amount for the fee that is sufficient, when aggregated with all other fees collected under this section, to:

(a) Pay the expenses of administering and enforcing ORS 646.639 (Unlawful collection practices) , 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) ; and

(b) Establish and maintain a reasonable emergency fund.

(3) In addition to the requirements set forth in subsections (1) and (2) of this section, an applicant or licensee shall file with the director proof that the applicant or licensee maintains an errors and omissions insurance policy from an insurer that the department has authorized to transact insurance in this state with limits that the director determines by rule.

(4) Intentionally left blank —Ed.

(a) The director shall issue or renew a license under this section if the director finds that:

(A) The application is complete and accurate;

(B) The applicant or licensee paid any fees required under this section;

(C) The applicant or licensee filed and maintains an errors and omissions insurance policy as provided in subsection (3) of this section;

(D) The applicant or licensee has not filed for bankruptcy within the seven years before the date of the application;

(E) The applicant or licensee, or a director, member, officer, manager, partner or controller of the applicant or licensee, has not been indicted for or convicted of a criminal offense and otherwise satisfies the director’s standard for passing a criminal background check;

(F) A licensee that seeks to renew a license has complied with any orders the director issued and paid any penalties the director assessed against the licensee under ORS 646.639 (Unlawful collection practices) (4), 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) ; and

(G) The applicant or licensee, or a director, member, officer, manager, partner or controller of the applicant or licensee, has not, within the seven years before the date of the application, been subject to or has cooperated or complied with:

(i) A final order to cease and desist from a violation of any law, regulation, rule or order that governs a debt buyer or debt buying in this or another state;

(ii) A suspension or revocation of a license, registration or other authorization to engage in debt buying in this or another state; or

(iii) Any other formal or informal enforcement action in this state or another state in which the governing body found that the applicant or licensee or the director, member, officer, manager, partner or controller violated an applicable law, regulation, rule or order.

(b) In addition to reviewing an applicant’s or licensee’s application under this section, the director may conduct an investigation to determine whether the applicant or licensee, and any of the applicant’s or licensee’s directors, members, officers, managers, partners or controllers have the financial responsibility, experience, character and general fitness necessary to command the confidence of the community and warrant a belief that the applicant or licensee will engage in debt buying honestly, fairly, efficiently and in compliance with ORS 646.639 (Unlawful collection practices) (4), 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) .

(5) Intentionally left blank —Ed.

(a) A license the director issues or renews under this section:

(A) Must display a unique identifying number or other designation that specifically identifies the licensee in the director’s records; and

(B) Expires on December 31 of the calendar year in which the director issues the license. If a licensee intends to engage in debt buying on or after January 1 of the succeeding calendar year, the licensee shall renew the license before the expiration date.

(b) A licensee’s directors, members, officers, managers, partners, controllers, employees and agents have authority to engage in debt buying solely under the terms of a license the director issues under this section, and, for the purposes of ORS 646.639 (Unlawful collection practices) (4), 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) , an action of a licensee’s director, member, officer, manager, partner, controller, employee or agent while engaging in debt buying is an action of the licensee.

(6) The director may suspend or revoke a license issued under this section if the director finds after a hearing in accordance with ORS chapter 183 that:

(a) The licensee failed or refused to comply with the director’s written request to respond to a complaint that the licensee violated a provision of ORS 646.639 (Unlawful collection practices) (4) or of ORS 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) ;

(b) The licensee engaged in an intentional course of conduct to violate state or federal law or a course of conduct that constitutes fraudulent, deceptive or dishonest dealings; or

(c) The licensee failed or refused to comply with a final order the director issued. [2017 c.625 §5]

Source: Section 646A.646 — License application; requirements; application through Nationwide Multistate Licensing System; fee; insurance; license renewal; director’s investigation; license term; suspension or revocation; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 649.990 — OR Code / Title 50 / Chapter 649 / Section 649.990
649.990 Penalties
Status: in_force

(1) A violation of ORS 649.030 (Unauthorized use of registered name or insignia) is a Class D violation.

(2) A violation of ORS 649.080 (Unauthorized display of name or insignia of motor vehicle association) is a Class C misdemeanor. [Amended by 1971 c.743 §403; 1983 c.740 §238; 1983 c.338 §962; 1985 c.16 §475; 1999 c.1051 §214; 2011 c.597 §261; 2015 c.277 §9]

Source: Section 649.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors649.­html (accessed May 26, 2025).
ORS § 647.095 — OR Code / Title 50 / Chapter 647 / Section 647.095
647.095 Prohibited acts
Status: in_force

(1) A person may not:

(a) Use without the registrant’s consent and in connection with a sale, distribution, offer for sale or advertisement of goods or services a reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter if the use is likely to cause confusion or mistake or to deceive as to the origin of the goods or services; or

(b) Apply a mark described in paragraph (a) of this subsection to a label, sign, print, package, wrapper, receptacle or advertisement intended for use in connection with the sale or distribution of goods or services within this state.

(2) A person that acts as described in subsection (1) of this section is liable for the remedies provided in ORS 647.105 (Remedies for infringement) in a civil action brought by the registrant, except that the registrant may not recover profits or damages from the person unless the person acted as described in subsection (1)(b) of this section with the intent to cause confusion or mistake or to deceive. [1961 c.497 §11; 1965 c.511 §10; 1985 c.566 §1; 2009 c.459 §14]

Source: Section 647.095 — Prohibited acts; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.700 — OR Code / Title 50 / Chapter 646a / Section 646a.700
646A.700 Short title
Status: in_force

ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant) and 646A.725 (Definitions for ORS 646A.725 to 646A.750) to 646A.750 (Rebuttable presumptions) may be cited as the Mortgage Rescue Fraud Protection Act. [2008 c.19 §1]

Source: Section 646A.700 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.622 — OR Code / Title 50 / Chapter 646a / Section 646a.622
646A.622 Requirement to develop safeguards for personal information
Status: in_force

(1) A covered entity and a vendor shall develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of personal information, including safeguards that protect the personal information when the covered entity or vendor disposes of the personal information.

(2) A covered entity or vendor complies with subsection (1) of this section if the covered entity or vendor:

(a) Complies with a state or federal law that provides greater protection to personal information than the protections that this section provides.

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

(c) Complies with regulations that implement the Health Insurance Portability and Accountability Act of 1996 (45 C.F.R. parts 160 and 164) and the Health Information Technology for Economic and Clinical Health Act of 2009 (P.L. 111-5, Title XIII, 123 Stat. 226), as those Acts were in effect on January 1, 2020, if personal information that is subject to ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) is also subject to those Acts.

(d) Implements an information security program that includes:

(A) Administrative safeguards such as:

(i) Designating one or more employees to coordinate the security program;

(ii) Identifying reasonably foreseeable internal and external risks with reasonable regularity;

(iii) Assessing whether existing safeguards adequately control the identified risks;

(iv) Training and managing employees in security program practices and procedures with reasonable regularity;

(v) Selecting service providers that are capable of maintaining appropriate safeguards and practices, and requiring the service providers by contract to maintain the safeguards and practices;

(vi) Adjusting the security program in light of business changes, potential threats or new circumstances; and

(vii) Reviewing user access privileges with reasonable regularity;

(B) Technical safeguards such as:

(i) Assessing risks and vulnerabilities in network and software design and taking reasonably timely action to address the risks and vulnerabilities;

(ii) Applying security updates and a reasonable security patch management program to software that might reasonably be at risk of or vulnerable to a breach of security;

(iii) Monitoring, detecting, preventing and responding to attacks or system failures; and

(iv) Regularly testing, monitoring and taking action to address the effectiveness of key controls, systems and procedures; and

(C) Physical safeguards such as:

(i) Assessing, in light of current technology, risks of information collection, storage, usage, retention, access and disposal and implementing reasonable methods to remedy or mitigate identified risks;

(ii) Monitoring, detecting, preventing, isolating and responding to intrusions timely and with reasonable regularity;

(iii) Protecting against unauthorized access to or use of personal information during or after collecting, using, storing, transporting, retaining, destroying or disposing of the personal information; and

(iv) Disposing of personal information, whether the covered entity or vendor disposes of the personal information on or off the covered entity’s or vendor’s premises or property, after the covered entity or vendor no longer needs the personal information for business purposes or as required by local, state or federal law by burning, pulverizing, shredding or modifying a physical record and by destroying or erasing electronic media so that the information cannot be read or reconstructed.

(3) A covered entity or vendor complies with subsection (2)(d)(C)(iv) of this section if the covered entity or vendor contracts with another person engaged in the business of record destruction to dispose of personal information in a manner that is consistent with subsection (2)(d)(C)(iv) of this section.

(4) A covered entity or vendor in an action or proceeding may affirmatively defend against an allegation that the covered entity or vendor has not complied with subsection (1) of this section with respect to personal information that is subject to ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) but is not subject to an Act described in subsection (2)(b) or (c) of this section by showing that, with respect to the personal information that is subject to ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys) , the covered entity or vendor developed, implemented and maintained reasonable security measures that would be required for personal information subject to the applicable Act.

(5) Notwithstanding subsection (2) of this section, a person that is an owner of a small business as defined in ORS 285B.123 (Purpose) (2) complies with subsection (1) of this section if the person’s information security and disposal program contains administrative, technical and physical safeguards and disposal measures that are appropriate for the size and complexity of the small business, the nature and scope of the small business’s activities, and the sensitivity of the personal information the small business collects from or about consumers. [2007 c.759 §12; 2015 c.357 §3; 2018 c.10 §6; 2019 c.180 §4]

Source: Section 646A.622 — Requirement to develop safeguards for personal information; conduct deemed to comply with requirement; defenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.622 — OR Code / Title 50 / Chapter 646 / Section 646.622
646.622 Method of serving investigative demand
Status: in_force

Service of an investigative demand under ORS 646.618 (Investigative demand) shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made by any of the following methods:

(1) By personal service outside this state;

(2) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended;

(3) In the manner provided for service of summons in an action or suit; or

(4) In accordance with the direction of a court. [1971 c.744 §15; 1975 c.437 §2; 2015 c.83 §3]

Source: Section 646.622 — Method of serving investigative demand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.694 — OR Code / Title 50 / Chapter 646a / Section 646a.694
646A.694 Annual affordability determination for identified drugs and insulin products
Status: in_force

(1) The Department of Consumer and Business Services shall provide to the Prescription Drug Affordability Board each calendar quarter a list of prescription drugs included in reports submitted to the department under ORS 646A.689 (Requirement to report certain information concerning drug manufacturing and pricing) (2) and (6), a list of drugs included in reports submitted to the department under ORS 646A.683 (Requirement to report increase in drug price) and 743.025 (Annual report of information related to prescription drugs covered by health benefit plans) and a list of insulin drugs marketed in this state during the previous calendar year. Each calendar year, the board shall identify nine drugs and at least one insulin product from the lists provided under this subsection that the board determines may create affordability challenges for health care systems or high out-of-pocket costs for patients in this state based on criteria adopted by the board by rule, including but not limited to:

(a) Whether the prescription drug has led to health inequities in communities of color;

(b) The number of residents in this state prescribed the prescription drug;

(c) The price for the prescription drug sold in this state;

(d) The estimated average monetary price concession, discount or rebate the manufacturer provides to health insurance plans in this state or is expected to provide to health insurance plans in this state, expressed as a percentage of the price for the prescription drug under review;

(e) The estimated total amount of the price concession, discount or rebate the manufacturer provides to each pharmacy benefit manager registered in this state for the prescription drug under review, expressed as a percentage of the prices;

(f) The estimated price for therapeutic alternatives to the drug that are sold in this state;

(g) The estimated average price concession, discount or rebate the manufacturer provides or is expected to provide to health insurance plans and pharmacy benefit managers in this state for therapeutic alternatives;

(h) The estimated costs to health insurance plans based on patient use of the drug consistent with the labeling approved by the United States Food and Drug Administration and recognized standard medical practice;

(i) The impact on patient access to the drug considering standard prescription drug benefit designs in health insurance plans offered in this state;

(j) The relative financial impacts to health, medical or social services costs as can be quantified and compared to the costs of existing therapeutic alternatives;

(k) The estimated average patient copayment or other cost-sharing for the prescription drug in this state;

(L) Any information a manufacturer chooses to provide; and

(m) Any other factors as determined by the board in rules adopted by the board.

(2) A drug that is designated by the Secretary of the United States Food and Drug Administration, under 21 U.S.C. 360bb, as a drug for a rare disease or condition is not subject to review under subsection (1) of this section.

(3) The board shall accept testimony from patients and caregivers affected by a condition or disease that is treated by a prescription drug under review by the board and from individuals with scientific or medical training with respect to the disease or condition.

(4) Intentionally left blank —Ed.

(a) If the board considers the cost-effectiveness of a prescription drug in criteria adopted by the board under subsection (1) of this section, the board may not use quality-adjusted life-years, or similar formulas that take into account a patient’s age or severity of illness or disability, to identify subpopulations for which a prescription drug would be less cost-effective. For any prescription drug that extends life, the board’s analysis of cost-effectiveness must weigh the value of the quality of life equally for all patients, regardless of the patients’ age or severity of illness or disability.

(b) As used in this subsection:

(A) “Health utility” means a measure of the degree to which having a particular form of disease or disability or having particular functional limitations negatively impacts the quality of life as compared to a state of perfect health, expressed as a number between zero and one.

(B) “Quality-adjusted life-year” is the product of a health utility multiplied by the extra months or years of life that a patient might gain as a result of a treatment.

(5) To the extent practicable, the board shall access pricing information for prescription drugs by:

(a) Accessing pricing information collected by the department under ORS 646A.689 (Requirement to report certain information concerning drug manufacturing and pricing) and 743.025 (Annual report of information related to prescription drugs covered by health benefit plans) ;

(b) Accessing data reported to the Oregon Health Authority under ORS 442.373 (Health care data reporting by health insurers) ;

(c) Entering into a memorandum of understanding with another state to which manufacturers already report pricing information; and

(d) Accessing other publicly available pricing information.

(6) The information used to conduct an affordability review may include any document and research related to the introductory price or price increase of a prescription drug, including life cycle management, net average price in this state, market competition and context, projected revenue and the estimated value or cost-effectiveness of the prescription drug.

(7) The department and the board shall keep strictly confidential any information collected, used or relied upon for the review conducted under this section if the information is:

(a) Information submitted to the department by a manufacturer under ORS 646A.689 (Requirement to report certain information concerning drug manufacturing and pricing) ; and

(b) Confidential, proprietary or a trade secret as defined in ORS 192.345 (Public records conditionally exempt from disclosure) . [2021 c.598 §2; 2023 c.466 §8]

Source: Section 646A.694 — Annual affordability determination for identified drugs and insulin products; criteria for and limitations on determination; confidentiality; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.779 — OR Code / Title 50 / Chapter 646a / Section 646a.779
646A.779 Determination of amount of waiver
Status: in_force

(1) A guaranteed asset protection waiver must determine the amount that a creditor waives under the terms of the guaranteed asset protection waiver in accordance with the following methods:

(a) If primary motor vehicle insurance or third party liability insurance covers the amount of a total loss of the motor vehicle, the creditor shall waive the difference between:

(A) The primary insurer’s or the third party’s determination of the motor vehicle’s actual cash value as of the date of the total loss; and

(B) The amount the borrower owes under the finance agreement.

(b) If primary motor vehicle insurance or third party liability insurance does not cover a total loss of the motor vehicle, if an insurer that issued the primary motor vehicle insurance or the third party liability insurance is insolvent or if the primary motor vehicle insurance or third party liability insurance have stated values or limits that are less than the actual cash value of the insured motor vehicle, the creditor shall waive the difference between:

(A) The value of the motor vehicle immediately before the loss or theft of the motor vehicle, as shown in a published and generally available regional or national guide to motor vehicle values or from the best available equivalent information, as specified in the guaranteed asset protection waiver; and

(B) The amount the borrower owes under the finance agreement.

(2) Intentionally left blank —Ed.

(a) A guaranteed asset protection waiver need not require a creditor to waive:

(A) A motor vehicle insurance policy deductible;

(B) Delinquent, missed or deferred payments;

(C) Late fees or charges;

(D) Unearned finance charges, interest or lease charges;

(E) Unearned rental payments;

(F) Taxes;

(G) Refundable items that include, but are not limited to:

(i) Charges associated with service contracts;

(ii) Prepaid taxes and fees; or

(iii) Credit insurance; or

(H) Other similar items that the guaranteed asset protection waiver specifies.

(b) A guaranteed asset protection waiver may specify limits on the amount a creditor must waive based on a loan to value ratio, a maximum term, a maximum waiver amount or other limits.

(3) A guaranteed asset protection waiver may require a creditor to waive all or a portion of a motor vehicle insurance policy deductible. [2015 c.523 §4]

Source: Section 646A.779 — Determination of amount of waiver; waivers that are required and waivers that are not required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.640 — OR Code / Title 50 / Chapter 646a / Section 646a.640
646A.640 Definitions
Status: in_force

As used in ORS 646A.640 (Definitions) to 646A.673 (Rules) :

(1) “Applicant” means a person that applies for a license to engage in business as a debt buyer in this state.

(2) “Controller” means:

(a) A director, officer or general partner of a business entity;

(b) A managing member of a limited liability company;

(c) A person that has a direct or indirect right to vote 10 percent or more of the securities of a business entity that have voting rights or the power to sell or cause the sale of 10 percent or more of any class of a business entity’s securities;

(d) A person that has contributed 10 percent or more to a partnership’s capital or has the right to receive a distribution of 10 percent or more of a partnership’s capital or assets upon dissolution; or

(e) A person that, under the terms of a contract or because the person has an ownership interest in another person, has the power to manage or set policies for the other person, or otherwise direct the other person’s operations or affairs.

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

(4) “Debt buying” means conducting business as a debt buyer or conducting business activities that are subject to regulation under ORS 646.639 (Unlawful collection practices) (4), 646A.640 (Definitions) to 646A.673 (Rules) and 646A.670 (Legal action to collect debt) .

(5) “Debtor” has the meaning given that term in ORS 646.639 (Unlawful collection practices) .

(6) “Legal action” has the meaning given that term in ORS 646.639 (Unlawful collection practices) .

(7) “Licensee” means a person that has applied for and obtained a license from the Department of Consumer and Business Services to engage in business as a debt buyer in this state.

(8) “Nationwide Multistate Licensing System” has the meaning given that term in ORS 697.500 (Definitions for ORS 697.500 to 697.555) . [2017 c.625 §3]

Source: Section 646A.640 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.436 — OR Code / Title 50 / Chapter 646a / Section 646a.436
646A.436 Warrantor registration
Status: in_force

(1) A person may not conduct business as a warrantor in this state or make a representation that the person is a warrantor in this state unless the person registers in writing with the Director of the Department of Consumer and Business Services in a form the director prescribes by rule. For purposes of this section, a person who offers for sale or sells a vehicle protection product but does not offer a warranty with the product or is not contractually obligated to any performance under the terms and conditions of a warranty that accompanies the product is not a warrantor subject to this section.

(2) A registration form submitted to the director under this section shall contain the following information:

(a) The warrantor’s name and telephone number and the address of the warrantor’s principal office;

(b) The name, address and telephone number of the warrantor’s agent for the service of process in this state if the agent is not the warrantor;

(c) The identities of the warrantor’s executive officer and officers directly responsible for the warrantor’s business operations related to vehicle protection product warranties;

(d) The name, address and telephone number of any person the warrantor designates to administer the warrantor’s vehicle protection product warranties in this state;

(e) A copy of each warranty form the warrantor proposes to use in this state; and

(f) A copy of a warranty reimbursement insurance policy the warrantor intends to use to demonstrate the warrantor’s financial responsibility in accordance with ORS 646A.438 (Reimbursement insurance) .

(3) A warrantor shall report any changes to the information provided in this section to the director not later than 30 days after the information has changed.

(4) A registration under this section expires on December 31 of each year. The director by rule shall prescribe a procedure for renewing a registration under this section.

(5) A warrantor shall pay a fee in an amount the director sets by rule for each registration or renewal under this section. The fee must be in an amount that, when aggregated with all other fees collected under this section, is sufficient to pay the expenses of administering and enforcing ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules) . [2007 c.685 §4]

Source: Section 646A.436 — Warrantor registration; requirements; expiration; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.500 — OR Code / Title 50 / Chapter 646a / Section 646a.500
646A.500 Legislative findings
Status: in_force

(1) The Legislative Assembly finds that:

(a) The disability and death of infants resulting from injuries sustained in crib accidents are a serious threat to the public health, welfare and safety of the people of this state;

(b) Infants are an especially vulnerable class of people;

(c) The design and construction of a crib must ensure that the crib is a safe place to leave an infant unattended for an extended period of time;

(d) A parent or caregiver has a right to believe that a crib is a safe place to leave an infant;

(e) The United States Consumer Product Safety Commission estimates that 40 children suffocate or strangle in their cribs every year;

(f) Existing state and federal legislation is inadequate to deal with the hazard of injuries and death to infants from unsafe cribs; and

(g) Prohibiting the remanufacture, retrofitting, sale, contracting to sell or resell, leasing or subletting of unsafe cribs, particularly unsafe secondhand, hand-me-down or heirloom cribs, will prevent injuries and deaths caused by unsafe cribs.

(2) The purpose of ORS 646A.500 (Legislative findings) to 646A.514 (Scope of remedies) is to prevent the occurrence of injuries to and deaths of infants resulting from unsafe cribs by making it illegal to remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce any crib that is unsafe for an infant using the crib. [Formerly 646.500]

Source: Section 646A.500 — Legislative findings; declaration of purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.823 — OR Code / Title 50 / Chapter 646 / Section 646.823
646.823 Attendance of Attorney General at grand jury proceedings
Status: in_force

Notwithstanding ORS 132.090 (Presence of persons at sittings or deliberations of jury) (1) the Attorney General may attend grand jury proceedings, advise it in relation to its duties, subpoena and examine witnesses and prepare such indictments or presentments as it requires in investigations of violations of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) . [1977 c.729 §7]

Source: Section 646.823 — Attendance of Attorney General at grand jury proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.563 — OR Code / Title 50 / Chapter 646 / Section 646.563
646.563 Telephone solicitation of party who states desire not to be called
Status: in_force

A person engages in an unlawful practice if, during a telephone solicitation, the called party states a desire not to be called again and the person making the telephone solicitation makes a subsequent telephone solicitation of the called party at that number. [1989 c.622 §9; 2001 c.924 §15]

Source: Section 646.563 — Telephone solicitation of party who states desire not to be called , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.172 — OR Code / Title 50 / Chapter 646a / Section 646a.172
646A.172 Rules
Status: in_force

(1) The Director of the Department of Consumer and Business Services may adopt rules necessary to implement ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) .

(2) The director may by rule exempt certain obligors or service contract sellers or specific classes of service contracts that are not otherwise exempt under ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) (2) from any provision of ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) . The director may include in the rules substitute requirements on a finding that a particular provision of ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) , 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) is not necessary for the protection of the public or that the substitute requirement is reasonably certain to provide equivalent protection to the public. [Formerly 646.285]

Source: Section 646A.172 — Rules; exemption of certain obligors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.551 — OR Code / Title 50 / Chapter 646 / Section 646.551
646.551 Definitions for ORS 646.551 to 646.557
Status: in_force

As used in ORS 646.551 (Definitions for ORS 646.551 to 646.557) to 646.557 (Required disclosures by telephonic seller) :

(1) Intentionally left blank —Ed.

(a) “Business opportunity” means a commercial arrangement in which:

(A) A seller solicits a prospective purchaser to enter into a new business or to buy ancillary services within 60 days after entering into a new business;

(B) The prospective purchaser makes a payment or agrees to be obligated to make a payment required for the business or services; and

(C) The seller, expressly or by implication, and orally or in writing, represents that the seller or a designated person will:

(i) Provide an outlet, account or customers, by means of the Internet or otherwise, for the purchaser’s goods or services; or

(ii) Buy back goods or services that the purchaser makes, produces, fabricates, grows, breeds, modifies or provides, including but not limited to paying for services such as stuffing envelopes at the purchaser’s residence.

(b) “Business opportunity” does not include:

(A) A sale of all or substantially all of the assets of an ongoing business if the owner of the business intends to sell and sells the assets as one opportunity;

(B) A sale of sales demonstration equipment, materials or samples for a total price of $500 or less and not for profit; or

(C) A sale of a franchise, as defined 16 C.F.R. 436.1, unless the franchise is exempted from the definition because:

(i) The total of the required payments the franchisee pays or commits to pay to a franchisor or an affiliate is less than $500 at any time before or within six months after the purchaser begins business as a franchisee; or

(ii) No written document exists that describes any material term or aspect of the franchise arrangement.

(2) “Telephone solicitation” means telephonic contact made under any of the following circumstances:

(a) A person has telephonic contact with a prospective purchaser and solicits the prospective purchaser to purchase a business opportunity;

(b) A person initiates telephonic contact with a prospective purchaser and represents or implies any of the following:

(A) That a prospective purchaser who buys a unit of a good or service will receive additional units, whether or not of the same type as the purchaser bought, without further cost. As used in this subparagraph, “further cost” does not include actual postage or common carrier delivery charges, if any.

(B) That a prospective purchaser will receive a prize or gift if the prospective purchaser does either of the following:

(i) Purchases or rents goods or services; or

(ii) Pays any money including, but not limited to, a delivery or handling charge.

(C) That a prospective purchaser who buys goods or services because of some unusual event or imminent price increase will be able to buy the goods or services at prices that are below the prices that usually are charged, or the prices that will be charged in the future, for the goods or services.

(D) That the seller is a person other than the actual seller.

(E) That goods or services are manufactured or supplied by a person other than the actual manufacturer or supplier.

(F) That the goods that the person is selling are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones or any interest in oil, gas or mineral fields, wells or exploration sites; or

(c) The person makes the telephonic contact in response to inquiries from prospective purchasers prompted by advertisements on behalf of the person, and the person conducts a solicitation as described in paragraph (b) of this subsection.

(3) Intentionally left blank —Ed.

(a) “Telephonic seller” means a person who, on the person’s own behalf, or on behalf of another person, causes or attempts a telephone solicitation.

(b) “Telephonic seller” does not include any of the following:

(A) A person that sells a security as defined in ORS 59.015 (Definitions for Oregon Securities Law) , or securities that are exempt under ORS 59.025 (Securities exempt from registration) .

(B) A person that is licensed pursuant to ORS chapter 696 if the solicited transaction is governed under ORS chapter 696.

(C) A person that is licensed pursuant to ORS 701.021 (License requirement) if the solicited transaction is governed under ORS chapter 701.

(D) A person that is licensed pursuant to ORS chapter 744 if the solicited transaction is governed under the Insurance Code.

(E) A person that solicits the sale of a franchise if the solicited transaction is governed under ORS 650.005 (Definitions for ORS 650.005 to 650.100) to 650.100 (Disposition of civil penalties) .

(F) A person that primarily solicits a subscription to or advertising in a newspaper of general circulation.

(G) A person that primarily solicits a subscription to a magazine or periodical, or a sale of a contractual plan, including a book or record club:

(i) Under which the seller provides the means by which the consumer may instruct the seller not to ship the offered merchandise, and which is regulated by the Federal Trade Commission trade regulation concerning “Use of Negative Option Plans by Sellers in Commerce”; or

(ii) Using arrangements such as continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis.

(H) A person that solicits business from prospective purchasers who have previously purchased from the business enterprise for which the person is calling, unless the person solicits a business opportunity.

(I) A person that solicits without the intent to complete and who does not complete a sales presentation during the telephone solicitation and who only completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser, unless at the later meeting the solicitor collects or attempts to collect payment to deliver items purchased.

(J) Any supervised financial institution or parent, subsidiary, or affiliate of a supervised financial institution. As used in this subparagraph, “supervised financial institution” means any financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , or any personal property broker, consumer finance lender, commercial finance lender or insurer that is subject to regulation by an official or agency of this state or the United States.

(K) A person that solicits the sale of funeral or burial services regulated by ORS chapter 692.

(L) A person that solicits the sale of services that a cable television system provides under authority of a franchise or permit issued by a governmental agency of this state or a subdivision of a governmental agency of this state.

(M) A person or affiliate of a person whose business is regulated by the Public Utility Commission, or a telecommunications utility with access lines of 15,000 or less or a cooperative telephone association.

(N) A person that solicits the sale of a farm product, as defined in ORS 79.0102 (UCC 9-102. Definitions and index of definitions) , if the solicitation does not result in a sale that costs the purchaser more than $100.

(O) An issuer or a subsidiary of an issuer that has a class of securities that is subject to section 12 of the Securities Exchange Act of 1934 and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) of subsection (g) of that section.

(P) A person that solicits exclusively the sale of telephone answering services that the person or the person’s employer provides.

(Q) A person registered under the Charitable Solicitations Act. [1989 c.622 §2; 1997 c.249 §196; 1997 c.631 §513; 1999 c.59 §188; 1999 c.402 §5; 2001 c.445 §177; 2007 c.661 §27; 2007 c.836 §47; 2015 c.199 §1]

Source: Section 646.551 — Definitions for ORS 646.551 to 646.557 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.806 — OR Code / Title 50 / Chapter 646a / Section 646a.806
646A.806 Website with photographs and information about arrested persons
Status: in_force

(1) A person shall comply with subsection (2) of this section if the person:

(a) Operates a website that disseminates photographic records of arrested individuals made by law enforcement agencies pursuant to ORS 181A.160 (Fingerprints, identifying data, disposition report required upon arrest) or otherwise as part of routinely documenting an arrest; and

(b) Charges a fee for the removal from the website of a photograph referred to in paragraph (a) of this subsection and the name and personal information of the individual associated with the photograph.

(2) A person described in subsection (1) of this section shall remove the photograph and related name and personal information from all websites owned or controlled by the person without charging a fee within 30 days of the date of a request to remove the photograph if the request:

(a) Is made in writing; and

(b) Contains written documentation that all charges stemming from the arrest for which the photograph was made:

(A) Were resolved through acquittal or otherwise without a conviction;

(B) Were reduced to violations; or

(C) Following conviction, were expunged or set aside pursuant to court order.

(3) For purposes of this section, paper or electronic copies of official court records or law enforcement records constitute written documentation.

(4) A person who violates subsection (2) of this section commits an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices) . [2013 c.330 §1]

Source: Section 646A.806 — Website with photographs and information about arrested persons; requirement to remove photographs and information upon request; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.286 — OR Code / Title 50 / Chapter 646a / Section 646a.286
646A.286 Cause of action by private party
Status: in_force

(1) A recipient of a simulated invoice who has suffered any ascertainable loss as a result shall have a cause of action against any person who violates ORS 646A.282 (Simulated invoices prohibited) .

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

(a) The greater of:

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

(B) $500 for each simulated invoice received;

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

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

(3) The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 646.298]

Source: Section 646A.286 — Cause of action by private party; judgment; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.410 — OR Code / Title 50 / Chapter 650 / Section 650.410
650.410 Dealer’s warranty obligations
Status: in_force

(1) A dealer shall:

(a) Perform warranty service in a timely and competent manner on a recreational vehicle that the dealer did not sell or lease if:

(A) The vehicle is of the same line make the dealer offers; and

(B) The grantor or warrantor has agreed to compensate the dealer for performing the warranty service; and

(b) Complete all predelivery inspections required by the dealership agreement.

(2) A dealer may not intentionally misrepresent the terms of a warranty. [2003 c.377 §12]

Source: Section 650.410 — Dealer’s warranty obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 646a.030 — OR Code / Title 50 / Chapter 646a / Section 646a.030
646A.030 Definitions for ORS 646A.030 to 646A.042
Status: in_force

As used in ORS 646A.030 (Definitions for ORS 646A.030 to 646A.042) to 646A.042 (Remedies and obligations supplementary to existing remedies) , unless the context requires otherwise:

(1) “Business day” means any day except a Sunday or a legal holiday.

(2) “Buyer” means a person who purchases health spa services.

(3) “Conspicuous” has the meaning given that term in ORS 71.2010 (General definitions) (2)(j).

(4) “Health spa” means any person engaged, as a primary purpose, in the sale of instruction, training, assistance or use of facilities that are purported to assist patrons in physical exercise, weight control or figure development. The term also includes any person engaged primarily in the sale of the right or privilege to use tanning booths, exercise equipment or facilities, such as a sauna, whirlpool bath, weight-lifting room, massage, steam room, or other exercising machine or device. “Health spa” does not include any facility owned and operated by the State of Oregon or any of its political subdivisions.

(5) “Health spa services” means services, privileges or rights offered for sale by a health spa.

(6) “Person” has the meaning given that term in ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) (4). [Formerly 646.661; 2009 c.181 §106]

Source: Section 646A.030 — Definitions for ORS 646A.030 to 646A.042 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.557 — OR Code / Title 50 / Chapter 646 / Section 646.557
646.557 Required disclosures by telephonic seller
Status: in_force

In addition to complying with the requirements of ORS 646.553 (Registration of telephonic sellers) , each telephonic seller, at the time the solicitation is made and prior to consummation of any sales transaction, shall provide all of the following information to each prospective purchaser:

(1) If the telephonic seller represents or implies that a prospective purchaser will receive, without charge therefor, certain specific items or one item from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes or otherwise, the seller shall provide the following:

(a) The information required to be filed by ORS 646.553 (Registration of telephonic sellers) .

(b) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location.

(c) The total number of individuals who have actually received from the telephonic seller, during the preceding 12 months or if the seller has not been in business that long, during the period the telephonic seller has been in business, the item having the greatest value and the item with the smallest odds of being received.

(2) If the telephonic seller is offering to sell any metal, stone or mineral, the seller shall provide the following information:

(a) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location.

(b) The information required to be filed by ORS 646.553 (Registration of telephonic sellers) .

(3) If the telephonic seller is offering to sell an interest in oil, gas or mineral fields, wells or exploration sites, the seller shall provide the following information:

(a) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location.

(b) The information required to be filed by ORS 646.553 (Registration of telephonic sellers) .

(4) If the telephonic seller represents that office equipment or supplies being offered are offered at prices which are below those usually changed for these items, the seller shall provide the following information:

(a) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location.

(b) The name of the manufacturer of each of the items the telephonic seller has represented for sale and in which the prospective purchaser expresses interest. [1989 c.622 §5]

Source: Section 646.557 — Required disclosures by telephonic seller , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.949 — OR Code / Title 50 / Chapter 646 / Section 646.949
646.949 Signs identifying octane rating
Status: in_force

(1) A dealer who sells or offers for sale any gasoline shall conspicuously display a sign on each side of the dispensing device, using descriptive commercial terms that accurately identify the octane rating of the gasoline being dispensed from that device. The sign shall be of such size and design and shall be posted in such a manner as the Director of Agriculture determines will adequately inform the purchaser of the octane rating of the gasoline.

(2) Rules adopted pursuant to this section shall conform, to the greatest extent practicable, to rules of the Federal Trade Commission regarding automotive fuel rating certification and posting. [1997 c.310 §3]

Source: Section 646.949 — Signs identifying octane rating , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.412 — OR Code / Title 50 / Chapter 646a / Section 646a.412
646A.412 Action in court
Status: in_force

(1) If a consumer brings an action in court under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) against a manufacturer and the consumer is granted one of the remedies specified in ORS 646A.404 (Consumer’s remedies) (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exceed $50,000 over and above the amount due the consumer under ORS 646A.404 (Consumer’s remedies) (1), if the court finds that the manufacturer did not act in good faith.

(2) Except as provided in subsection (3) of this section, the court may award reasonable attorney fees, fees for expert witnesses and costs to a consumer who prevails in an appeal or action under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) . If a court finds that a consumer brought an action under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) in bad faith or solely for the purposes of harassment, the court may award a prevailing manufacturer reasonable attorney fees.

(3) The court may award reasonable attorney fees, fees for expert witnesses and costs to the prevailing party in an appeal or action under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) that involves a motor home. [Formerly 646.359; 2009 c.448 §6]

Source: Section 646A.412 — Action in court; damages if manufacturer does not act in good faith; attorney fees; expert witness fees; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.142 — OR Code / Title 50 / Chapter 646a / Section 646a.142
646A.142 Rental vehicle collision damage waiver notice
Status: in_force

(1) Every auto rental company doing business in the State of Oregon that offers collision damage waivers shall post a sign approved by the Department of Consumer and Business Services which states “OUR CONTRACTS OFFER OPTIONAL COLLISION DAMAGE WAIVERS AT AN ADDITIONAL COST.”

(2) Intentionally left blank —Ed.

(a) No rental company shall sell or offer to sell to a renter a collision damage waiver as part of a rental agreement unless the renter is provided the following written notice in at least 10-point type:

NOTICE: Our contracts offer, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether or not to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived.

(b) The notice required by this subsection shall either appear at the top of the rental agreement or shall be on a separate piece of paper attached to the top of the agreement. [Formerly 646.859]

Source: Section 646A.142 — Rental vehicle collision damage waiver notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.051 — OR Code / Title 50 / Chapter 648 / Section 648.051
648.051 When registration refused
Status: reserved

(1) Subject to subsection (2) of this section, the Secretary of State shall register the assumed business name contained in the application.

(2) The Secretary of State shall not register the assumed business name if the Secretary of State determines that the assumed business name is not distinguishable on the records of the Office of the Secretary of State from another assumed business name or from the name of a person, including a reserved name or registered name of active record with the Office of the Secretary of State except as provided in subsection (3) of this section.

(3) The Secretary of State shall register an assumed business name if the applicant submits for filing an affidavit that the applicant has a right to use the assumed business name in the county or counties stated in the application for the character of business that the applicant will carry on, conduct or transact under the assumed business name. The affidavit shall state:

(a) That the affiant has been advised of the penalties for false swearing;

(b) The facts upon which the affidavit is based and that the affiant swears to the existence of the facts from the affiant’s own knowledge; and

(c) That the affiant believes that the facts stated are sufficient to establish either:

(A) That prior use of the name by the applicant or by the licensor of the applicant has vested in the applicant a right to use the assumed business name for the character of business stated in the application in the county or counties listed in the application; or

(B) That the character of business that the applicant intends to carry on, conduct or transact under the assumed business name will not so resemble the character of business, if any, that the person who filed, reserved or registered the assumed business name or the name of the person identified under subsection (2) of this section conducts under the name in the county or any of the counties listed in the application as to be likely to cause confusion or mistake or to deceive.

(4) The registration of an assumed business name remains in effect until canceled. [1985 c.728 §96; 1995 c.454 §8]

Source: Section 648.051 — When registration refused; affidavit of applicant; registration effective until canceled , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 646a.308 — OR Code / Title 50 / Chapter 646a / Section 646a.308
646A.308 Civil action for supplier’s failure to pay
Status: in_force

(1) If, upon the cancellation of a retailer agreement by the retailer or the supplier, the supplier fails to make payment as required by ORS 646A.304 (Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement) or 646A.306 (Repurchase of inventory by supplier) , the supplier shall be liable in a civil action to be brought by the retailer or by the retailer’s spouse, heir or heirs for the payments required under ORS 646A.304 (Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement) or 646A.306 (Repurchase of inventory by supplier) .

(2) A person who brings an action under this section must commence the action in the county in which the principal place of business of the retailer is located. [Formerly 646.445]

Source: Section 646A.308 — Civil action for supplier’s failure to pay; venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646.471 — OR Code / Title 50 / Chapter 646 / Section 646.471
646.471 Limitation on commencement of action
Status: in_force

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. [1987 c.537 §7]

Source: Section 646.471 — Limitation on commencement of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.737 — OR Code / Title 50 / Chapter 646 / Section 646.737
646.737 Exemption for negotiations governing sale price of Oregon blackberries
Status: in_force

(1) As used in this section:

(a) “Blackberry” means a bramble of the genus Rubus identified by State Department of Agriculture rule as a blackberry.

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

(c) “Dealer” means:

(A) A dealer as defined in ORS 646.515 (Definitions for ORS 646.515 to 646.545) ; or

(B) A licensed food processor that is a cooperative.

(d) “Parties” or “party” means producers, cooperative bargaining associations, cooperatives or dealers that are participants in the blackberry regulatory program.

(2) It is the intent of this section and ORS 646.535 (Unfair trade practices prohibited) (2) and 646.740 (Permitted activities) (11) to displace competition with a regulatory program in the Oregon blackberry industry to a limited degree. The regulatory program is intended to grant immunity from federal and state antitrust laws to Oregon blackberry producers and dealers for the limited purpose of allowing the producers and the dealers to bargain collectively and to arrive at a negotiated price for the sale of Oregon blackberries by the producers to the dealers. The activities of any party that comply with this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provision of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.826 (Counsel for persons testifying) or federal antitrust laws.

(3) An Oregon blackberry cooperative or cooperative bargaining association may negotiate with one or more dealers to establish the price at which members of the cooperative or bargaining association will sell Oregon blackberries to be produced by or under the control of members of the cooperative or bargaining association. The dealers may negotiate the price of Oregon blackberries through a committee that sets forth the views of the dealers and votes on any issues being negotiated as authorized by this section, including the price of Oregon blackberries. However, a person that is both a member of an Oregon blackberry cooperative or cooperative bargaining association and a member of a dealer described in subsection (1)(c)(B) of this section may not participate in negotiations under this section.

(4) The director shall actively supervise the conduct of a party in establishing the price of Oregon blackberries to be produced and sold to dealers at a future date. The director shall supervise the negotiations between the parties, review the prices established by the negotiations and approve the prices proposed by the parties before the prices take effect. Proposed prices and any adjustments to previously approved prices must be approved by the director before the prices or adjustments may be implemented.

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

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

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

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

(6) The director may designate employees of the State Department of Agriculture to carry out the responsibility of actively supervising the conduct of the parties, including serving as intermediaries between prospective parties.

(7) The director may adopt rules to carry out the director’s authority under this section. The director by rule shall set and collect fees from the parties who are participants in the blackberry regulatory program. The fees shall be deposited in the Department of Agriculture Account established under ORS 561.150 (Department of Agriculture Account) . [Formerly 62.847; 2023 c.9 §44]

Note: See note under 646.736 (Public policy) .

Source: Section 646.737 — Exemption for negotiations governing sale price of Oregon blackberries; supervision by Director of Agriculture; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646.922 — OR Code / Title 50 / Chapter 646 / Section 646.922
646.922 Limitations on sale of diesel fuel
Status: in_force

(1) A retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale diesel fuel unless the diesel fuel contains at least five percent biodiesel by volume or other renewable diesel with at least five percent renewable component by volume. Diesel fuel that contains more than five percent biodiesel by volume or other renewable diesel with more than five percent renewable component by volume must be labeled as the State Department of Agriculture provides by rule.

(2) A retail dealer, nonretail dealer or wholesale dealer may sell or offer for sale diesel fuel that otherwise meets the requirements of subsection (1) of this section and rules adopted pursuant to ORS 646.957 (Rules) but to which there have been added substances to prevent congealing or gelling of diesel fuel containing biodiesel or other renewable diesel, without violating the requirements of subsection (1) of this section and rules adopted pursuant to ORS 646.957 (Rules) . This subsection applies only to diesel fuel sold or offered for sale during the period from October 1 of any year to February 28 of the following year.

(3) The department shall adopt standards for biodiesel or other renewable diesel sold in this state. The department shall consult the specifications established for biodiesel or other renewable diesel by ASTM International in forming the department’s standards. The department may review specifications adopted by ASTM International, or equivalent organizations, and revise the standards adopted pursuant to this subsection as necessary.

(4) The minimum biodiesel fuel content and renewable component in other renewable diesel requirements under subsection (1) of this section do not apply to diesel fuel sold or offered for sale for use by railroad locomotives, marine engines or home heating or to facilities that store more than 50 gallons of diesel fuel for use in emergency power generation.

(5) All retail dealers, nonretail dealers and wholesale dealers in this state are required to provide, upon the request of the department, a certificate of analysis for biodiesel received. [2007 c.739 §14; 2009 c.752 §§2,3; 2010 c.55 §§2,3,5,6; 2011 c.243 §§2,3; 2013 c.89 §1; 2015 c.203 §26]

Source: Section 646.922 — Limitations on sale of diesel fuel; requirements for biodiesel content; exception for certain additives and for certain sellers and users; certificate of analysis; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 647.145 — OR Code / Title 50 / Chapter 647 / Section 647.145
647.145 Trademark counterfeiting in second degree
Status: in_force

(1) A person commits the crime of trademark counterfeiting in the second degree if the person:

(a) Commits trademark counterfeiting as described in ORS 647.135 (Trademark counterfeiting) and:

(A) Has one prior conviction for trademark counterfeiting in any degree;

(B) The total number of items bearing the counterfeit mark is more than 100 but less than 1,000; or

(C) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000.

(b) Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark.

(2) Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding ORS 161.655 (Fines for corporations) , if the person is convicted under:

(a) Subsection (1)(a)(A) of this section and is a corporation, the maximum fine that may be imposed is $200,000.

(b) Subsection (1)(b) of this section and the person has one prior conviction for trademark counterfeiting in any degree and is a corporation, the maximum fine that may be imposed is $200,000. [1999 c.722 §4]

Source: Section 647.145 — Trademark counterfeiting in second degree; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 645.230 — OR Code / Title 50 / Chapter 645 / Section 645.230
645.230 Allegations of complaint
Status: in_force

It is not necessary to negate any of the exemptions or classifications provided in this chapter in a complaint, action, information, indictment or other writ or proceeding laid or brought under this chapter; and the burden of proof of an exemption or classification shall be upon the party claiming the benefit of such exemption or classification. [1987 c.148 §16]

Source: Section 645.230 — Allegations of complaint; burden of proof , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646.750 — OR Code / Title 50 / Chapter 646 / Section 646.750
646.750 Investigative demand by Attorney General
Status: in_force

(1) When it appears to the Attorney General 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 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) , the Attorney General may execute in writing and cause to be served an investigative demand upon any person who is believed to have documentary material or information relevant to the alleged or suspected violation. The investigative demand shall require such person to produce relevant documentary material for examination and copying or reproduction, to answer in writing written interrogatories, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers or testimony under penalty of perjury, at such reasonable time and place as may be stated in the investigative demand.

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

(3) The investigative demand shall state the nature of the conduct constituting the alleged antitrust violation under investigation and the provisions of law believed to be applicable thereto. [1975 c.255 §13; 1977 c.729 §1]

Source: Section 646.750 — Investigative demand by Attorney General; petition to modify , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.506 — OR Code / Title 50 / Chapter 646a / Section 646a.506
646A.506 Prohibited conduct
Status: in_force

(1) A commercial user may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce:

(a) A crib that is unsafe for an infant using the crib; or

(b) A crib bumper pad.

(2) A crib is presumed to be unsafe pursuant to ORS 646A.500 (Legislative findings) to 646A.514 (Scope of remedies) if the crib does not conform to the following standards:

(a) 16 C.F.R. part 1508;

(b) 16 C.F.R. part 1509;

(c) 16 C.F.R. part 1303; and

(d) American Society for Testing Materials Voluntary Standards F966-90, F1169.88, F1822 and F406.

(3) Cribs that are presumed to be unsafe under subsection (2) of this section include but are not limited to cribs with any of the following features or characteristics:

(a) Corner posts that extend more than one-sixteenth of an inch;

(b) Spaces between side slats more than two and three-eighths inches;

(c) Mattress supports that can be easily dislodged from any point of the crib. A mattress support can be easily dislodged if it cannot withstand a 25-pound upward force from underneath the crib;

(d) Cutout designs on the end panels;

(e) Rail height dimensions that do not conform to the following:

(A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches; or

(B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 26 inches;

(f) Any screws, bolts or hardware that is loose or not secured;

(g) Sharp edges, points, rough surfaces or any wood surfaces that are not smooth and free from splinters, splits or cracks;

(h) Cribs with tears in mesh or fabric sides; or

(i) Crib bumper pads incorporated into or included with the crib as an accessory.

(4) An individual may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce a crib that is unsafe for an infant using the crib.

(5) A commercial user or place of public accommodation may not use or have on the premises a crib bumper pad unless a medical professional has determined that using a crib bumper pad is medically necessary for a particular infant that uses a crib on the premises of the commercial user or place of public accommodation.

(6) The Department of Early Learning and Care shall:

(a) Provide notice of the provisions of this section to child care facilities and family care homes certified or registered by the department and to applicants for certification and registration; and

(b) Adopt rules necessary to implement the provisions of this subsection. [Formerly 646.503; 2021 c.188 §2; 2023 c.554 §57]

Source: Section 646A.506 — Prohibited conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 645.030 — OR Code / Title 50 / Chapter 645 / Section 645.030
645.030 When transactions are considered to occur in this state
Status: in_force

(1) For the purpose of ORS 645.025 (Applicability of ORS 645.010, 645.035 and 645.040) , an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer:

(a) Originates from this state; or

(b) Is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer.

(2) Intentionally left blank —Ed.

(a) For the purpose of ORS 645.025 (Applicability of ORS 645.010, 645.035 and 645.040) , an offer to buy or sell is accepted in this state when acceptance:

(A) Is communicated to the offeror in this state; and

(B) Has not previously been communicated to the offeror, orally or in writing, outside this state.

(b) Acceptance is communicated to the offeror in this state, whether or not either party is then present 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 or at any post office in this state in the case of a mailed acceptance. [1987 c.148 §20]

Source: Section 645.030 — When transactions are considered to occur in this state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors645.­html (accessed May 26, 2025).
ORS § 646a.800 — OR Code / Title 50 / Chapter 646a / Section 646a.800
646A.800 Late fees on delinquent cable service accounts
Status: in_force

(1) As used in this section:

(a) “Cable service” means:

(A) One-way transmission to subscribers of a video programming service;

(B) Two-way interactive service delivered over a cable system; or

(C) Any communication with subscribers necessary for the selection and use of video programming or interactive services.

(b) “Cable system” means a facility consisting of closed transmission paths and associated signal operation, reception and control equipment that is designed to provide cable service.

(2) Intentionally left blank —Ed.

(a) A seller of cable service may assess a late fee on delinquent subscriber accounts held by the seller that have an unpaid balance of $10 or more.

(b) A late fee assessed under subsections (2), (3) and (4) of this section shall not exceed five percent of the unpaid balance or $6, whichever is greater.

(3) The seller of cable service shall conspicuously disclose on each statement or invoice the terms under which a late fee may be assessed, including the amount of the fee.

(4) Prior to assessing a late fee under subsections (2), (3) and (4) of this section, the seller shall give written notice to the subscriber. The notice shall conspicuously indicate the amount of the unpaid balance, an address where payment may be made, the date on which the late fee will be imposed and the amount of the late fee. The notice shall be mailed to the subscriber’s last-known billing address as shown in the seller’s records. The notice shall be mailed at least 10 days prior to the date on which the late fee will be assessed. The late fee may not be assessed earlier than 27 days after the due date for the unpaid balance. [Formerly 646.649]

Source: Section 646A.800 — Late fees on delinquent cable service accounts; amount; disclosure; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 646a.042 — OR Code / Title 50 / Chapter 646a / Section 646a.042
646A.042 Remedies and obligations supplementary to existing remedies
Status: in_force

The remedies and obligations provided in ORS 646A.030 (Definitions for ORS 646A.030 to 646A.042) to 646A.042 (Remedies and obligations supplementary to existing remedies) are in addition to any other remedies and obligations, civil or criminal, existing at common law or under the laws of this state. [Formerly 646.691]

Source: Section 646A.042 — Remedies and obligations supplementary to existing remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 650.162 — OR Code / Title 50 / Chapter 650 / Section 650.162
650.162 Transfer, assignment or sale of interest in dealership or franchise
Status: in_force

(1) To transfer, assign or sell the ownership or management, or any interest in the ownership or management, of a dealer, dealership or franchise, the dealer shall notify the franchisor of the decision to transfer, assign or sell. The notice shall include completed application forms and related information generally used by the manufacturer, distributor or importer to conduct a review of transfers, assignments or sales and a copy of all agreements regarding the transfer, assignment or sale.

(2) Within 60 days of receiving notice sent under subsection (1) of this section, a franchisor shall send a notice by certified mail to the dealer. The notice sent under this subsection shall specify approval or disapproval of the transfer, assignment or sale. If the transfer, assignment or sale is disapproved, the notice shall set forth material reasons for the disapproval.

(3) A manufacturer, distributor or importer may not unreasonably withhold approval of a transfer, assignment or sale. It is unreasonable for a manufacturer, distributor or importer to reject a prospective transferee, assignee or buyer who is of good moral character and who otherwise meets the manufacturer’s, distributor’s or importer’s written and reasonable standards or qualifications relating to the prospective transferee’s, assignee’s or buyer’s:

(a) Business experience and performance; and

(b) Financial qualifications.

(4) If the manufacturer, distributor or importer does not respond within 60 days of receiving a notice sent under subsection (1) of this section, the transfer, assignment or sale shall be considered approved and shall take effect.

(5) A manufacturer, distributor or importer may exercise a right of first refusal if the right is included in the franchise agreement, the transfer, assignment or sale consists of more than 50 percent of the dealer’s ownership of the franchise and all of the following requirements are met:

(a) The manufacturer, distributor or importer sends a notice by certified mail to the dealer within 60 days of receiving a notice under subsection (1) of this section specifying that the franchisor is exercising a right of first refusal.

(b) The exercise of the right of first refusal will result in the dealer and any owner of the dealer receiving consideration, terms and conditions that are either the same as or better than those contracted to receive under the transfer, assignment or sale.

(c) The transferee, assignee or buyer is not any of the following:

(A) Any of the following family members of any owner of the dealer:

(i) A spouse;

(ii) A child or stepchild;

(iii) A grandchild or stepgrandchild;

(iv) The spouse of a child, stepchild, grandchild or stepgrandchild;

(v) A brother or sister or a stepbrother or stepsister; or

(vi) A parent or stepparent;

(B) A manager employed by the dealer who is otherwise qualified to be a dealer;

(C) A partnership or corporation controlled by any of the family members listed in paragraph (c)(A) of this subsection; or

(D) A trust established or to be established:

(i) For the purposes of allowing the transferee, assignee or buyer to continue to qualify as such under the manufacturer’s, distributor’s or importer’s standards; or

(ii) To provide for the succession of the franchise to qualified designated family members or a qualified manager in the event of the death or incapacity of the dealer.

(d) The manufacturer, distributor or importer pays the reasonable expenses, including attorney fees, that are incurred by the transferee, assignee or buyer before the manufacturer, distributor or importer exercises a right of first refusal. A manufacturer, distributor or importer may require the transferee, assignee or buyer to provide an accounting of expenses incurred prior to issuing payment. [1999 c.660 §9]

Source: Section 650.162 — Transfer, assignment or sale of interest in dealership or franchise; notices; approval of franchisor; right of first refusal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html (accessed May 26, 2025).
ORS § 648.992 — OR Code / Title 50 / Chapter 648 / Section 648.992
648.992 Penalty for signing false document
Status: in_force

(1) A person commits the crime of signing a false document for filing if the person:

(a) Knows the document is false in any material respect; and

(b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under this chapter.

(2) Signing a false document for filing is a Class A misdemeanor.

(3) This section does not limit or affect any civil penalty the Secretary of State may impose for violating a provision of this chapter or any person’s right to seek a remedy that is otherwise available under this chapter. [2013 c.158 §16]

Source: Section 648.992 — Penalty for signing false document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).
ORS § 646.463 — OR Code / Title 50 / Chapter 646 / Section 646.463
646.463 Enjoining misappropriation
Status: in_force

(1) Actual or threatened misappropriation may be temporarily, preliminarily or permanently enjoined. Upon application to the court, an injunction shall be vacated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of the misappropriation that renders a prohibitive injunction inequitable.

(3) In appropriate circumstances, the court may order affirmative acts to protect a trade secret. [1987 c.537 §3]

Source: Section 646.463 — Enjoining misappropriation; payment of royalties; affirmative acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html (accessed May 26, 2025).
ORS § 646a.504 — OR Code / Title 50 / Chapter 646a / Section 646a.504
646A.504 Definitions for ORS 646A.500 to 646A.514
Status: in_force

As used in ORS 646A.500 (Legislative findings) to 646A.514 (Scope of remedies) :

(1) “Commercial user” means any person, firm, corporation, association or nonprofit corporation, or any agent or employee of a person, firm, corporation, association or nonprofit corporation, including child care facilities or family child care homes certified or registered by the Department of Early Learning and Care under ORS 329A.250 (Definitions for ORS 329A.030, 329A.250 to 329A.450 and 329A.500) to 329A.450 (Assistance to staff of facility) , that:

(a) Deals in cribs of the kind governed by ORS 646A.500 (Legislative findings) to 646A.514 (Scope of remedies) ;

(b) By virtue of the person’s occupation, purports to have knowledge or skill peculiar to the cribs governed by ORS 646A.500 (Legislative findings) to 646A.514 (Scope of remedies) ;

(c) Is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing cribs in the stream of commerce; or

(d) Uses a crib in caring for infants in return for compensation.

(2) “Crib” means:

(a) Any full-size crib as that term is defined in 16 C.F.R. 1508.3; or

(b) Any nonfull-size crib as that term is defined in 16 C.F.R. 1509.2(b).

(3) “Crib bumper pad” means a pad, other than a mesh liner, that rests directly above the mattress in a crib, or that runs along the surface area or any of the interior sides of the crib.

(4) “Individual” means a natural person who is not a commercial user of cribs.

(5) “Infant” means an individual who is less than three years of age.

(6) “Place of public accommodation” has the meaning given that term in ORS 659A.400 (Place of public accommodation defined) . [Formerly 646.502; 2013 c.624 §85; 2021 c.188 §1; 2023 c.554 §56]

Source: Section 646A.504 — Definitions for ORS 646A.500 to 646A.514 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 647.035 — OR Code / Title 50 / Chapter 647 / Section 647.035
647.035 Marks ineligible for registration
Status: in_force

(1) A mark that an applicant submits for registration may not be registered if the mark consists of or comprises:

(a) Matter that is immoral, deceptive or scandalous;

(b) Matter that may disparage, bring into contempt or disrepute or falsely suggest a connection with a person, living or dead, an institution, a belief or a national symbol;

(c) The flag, coat of arms or other insignia of the United States, a state or municipality or a foreign nation or a simulation of the flag, coat of arms or insignia;

(d) The name or signature of or a portrait that identifies a particular living individual, unless the individual has given written consent; or

(e) A mark that so resembles a mark registered in this state, or a mark or trade name previously used and not abandoned by another person, as to be likely to cause confusion or mistake or to deceive when used on or in connection with the applicant’s goods or services.

(2) Intentionally left blank —Ed.

(a) A mark may not be registered if the mark is:

(A) Merely descriptive or deceptively misdescriptive of the applicant’s goods or services;

(B) Primarily geographically descriptive or deceptively misdescriptive of the applicant’s goods or services; or

(C) Primarily merely a surname.

(b) The provisions of paragraph (a) of this subsection do not prevent the Secretary of State from registering a mark used by the applicant that has become distinctive of the applicant’s goods or services. The Secretary of State may accept as evidence that the mark has become distinctive, when used on or in connection with the applicant’s goods or services, proof that the applicant has used the mark continuously in this state for five years before the date on which the applicant made the claim that the mark has become distinctive of the applicant’s goods or services. [1961 c.497 §2; 1965 c.511 §4; 1971 c.318 §3; 1985 c.728 §85; 2005 c.22 §450; 2009 c.459 §8]

Source: Section 647.035 — Marks ineligible for registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors647.­html (accessed May 26, 2025).
ORS § 646a.081 — OR Code / Title 50 / Chapter 646a / Section 646a.081
646A.081 Prohibition on sale or installation of mercury vapor outdoor lighting fixtures
Status: in_force

(1) As used in this section:

(a) “Mercury vapor lighting fixture” means an artificial illumination device that produces a high-intensity discharge of light by passing electricity through mercury vapor.

(b) “Outdoor lighting fixture” has the meaning given that term in ORS 757.765 (Public utility provision of shielded outdoor lighting fixtures to customers) .

(2) A person may not sell an outdoor lighting fixture that is a mercury vapor lighting fixture.

(3) A person may not install a mercury vapor lighting fixture outdoors. This subsection does not apply to the reinstallation of an existing fixture after servicing or repair.

(4) State moneys may not be expended for the installation or reinstallation of outdoor lighting fixtures that are mercury vapor lighting fixtures. [2009 c.588 §3]

Source: Section 646A.081 — Prohibition on sale or installation of mercury vapor outdoor lighting fixtures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html (accessed May 26, 2025).
ORS § 648.012 — OR Code / Title 50 / Chapter 648 / Section 648.012
648.012 Registration duty of Secretary of State
Status: in_force

(1) If an application delivered to the Office of the Secretary of State for filing satisfies the requirements of ORS 648.010 (Registration of assumed business name) , the Secretary of State shall register it.

(2) The Secretary of State registers an application by indicating thereon that it has been filed by the Secretary of State and the date of registration.

(3) If the Secretary of State refuses to register an assumed business name, the Secretary of State shall return the application to the applicant within 10 business days after the application was delivered together with a brief written explanation of the reason for the refusal.

(4) The duty of the Secretary of State to register assumed business names under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any application delivered to the Office of the Secretary of State. The Secretary of State’s registering or refusing to register an assumed business name does not:

(a) Affect the validity or invalidity of the application in whole or part; or

(b) Relate to the correctness or incorrectness of information contained in the application.

(5) The Secretary of State’s refusal to register an assumed business name does not create a presumption that the application is invalid or that information contained in the application is incorrect. [1995 c.454 §13]

Source: Section 648.012 — Registration duty of Secretary of State , https://www.­oregonlegislature.­gov/bills_laws/ors/ors648.­html (accessed May 26, 2025).