justicedao/ipfs_state_laws huggingface dataset:
137-020-0200 Definitions For purposes of OAR 137-020-0200 through 137-020-0203: (1) “Telephonic Seller” applies to all persons required to register with the Oregon Department of Justice pursuant to ORS 646.551 through 646.565. (2) “Doing Business in This State” means making telephonic solicitations of prospective purchasers from locations in this state or making telephonic solicitations of prospective purchasers who are located in this state. (3) “Department” means Department of Justice. (4) “Item” means any goods and services and includes coupon books which are to be used with businesses other than the seller’s business. (5) “Owner” means a person who owns or controls ten percent or more of the net income of a telephonic seller. (6) “Person” includes an individual firm, association, corporation, partnership, joint venture, or any other business entity. (7) “Principal” means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. (8) “Purchaser” or “Prospective Purchaser” means a person who is solicited to become or does become obligated to a telephonic seller. (9) “Salesperson” means any individual employed, appointed or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. The principals of a seller are themselves salespersons if they solicit sales on behalf of the telephonic seller. (10) “Newspaper of General Circulation” is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, and which has been established, printed and published at regular intervals in the state, county, or city where publication, notice by publication, or official advertising is to be given or made for at least one year preceding the date of the publication, notice or advertisement. Statutory/Other Authority: ORS 646 Statutes/Other Implemented: ORS 646.551 History: JD 4-1989, f. & cert. ef. 10-3-89
137-020-0203 Information to Be Provided Each Prospective Purchaser In addition to complying with the requirements of OAR 137-020-0202, as applicable, each telephonic seller, shall, at the time the solicitation is made and prior to consummation of any sales transaction, 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 OAR 137-020-0202(14)(d)(A) and (B), and (e); (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 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 specified in OAR 137-020-0202(15)(b)(A) and (B) and (e). (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 OAR 137-020-0202(16)(a), (b) and (d) and (c)(A). (4) If the telephonic seller represents that office equipment or supplies being offered are offered at prices which are below those usually charged 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. Statutory/Other Authority: ORS 646 Statutes/Other Implemented: ORS 646.557 History: JD 4-1989, f. & cert. ef. 10-3-89
137-020-0261 Novel-Infectious-Coronavirus-Related Representations Regarding Health Benefits of Goods It is unfair and deceptive for an advertiser or seller to represent that a good that is or may be obtained primarily for personal, family or household purposes will prevent, treat, diagnose, mitigate, or cure coronavirus, COVID-19 or a related condition, without first having competent and reliable scientific evidence upon which to base a reasonable belief in the truth of the representation. It is the intent of the rule that in construing the meaning of the term "competent and reliable scientific evidence," the courts may be guided by decisions of federal courts and final orders of the Federal Trade Commission. It is also presumed that any specific good with approval or emergency use authorization by the United States Food and Drug Administration has competent and reliable scientific evidence upon which to base a reasonable belief in the truth of the representation. Statutory/Other Authority: ORS 646.608(1)(u) & ORS 646.608(4) Statutes/Other Implemented: ORS 646.608(1)(u) History: DOJ 61-2020, adopt filed 12/03/2020, effective 12/03/2020
137-020-0420 Rules of Unique Application to Contests It is unfair or deceptive in trade or commerce for a sponsor to advertise or solicit any person to participate in any contest which requires a person to pay money or make a donation or creates the impression in a reasonable person that a payment of anything of value, purchase of anything, or making a donation is a condition of participation in the contest, unless there is clear and conspicuous disclosure of: (1) The maximum number of rounds or levels, if the contest has more than one round or level; (2) The date the final winner will be determined; (3) The maximum total cost the final winner will have paid to the sponsor to participate in the contest, and, if the final winner must purchase or pay anything of value to a person other than the sponsor as a condition of eligibility, then that fact must be clearly and conspicuously disclosed; (4) If the contest involves multiple rounds of increasing difficulty, an example illustrative of the last determinative round or a statement that subsequent rounds will be more difficult; (5) If the contest is judged by other than the sponsor, the identity of or description of the qualifications of the judges; (6) The method used in judging; and (7) The name and address of the sponsor, or the sponsor’s agent, consistently stated wherever it is used in a promotion, and: (a) The name and address of the sponsor, or the sponsor’s agent, stated on the envelope used to mail the advertisement or solicitation; or (b) The name and address of the sponsor, or the sponsor’s agent, stated on the entry form. Statutory/Other Authority: ORS 180.520(1)(c) & 646.608(1)(u) Statutes/Other Implemented: ORS 180.520(1)(c) & 646.608(1)(u) History: JD 2-1996, f. 6-21-96, cert. ef. 7-8-96
137-020-0430 Rules of Unique Application to Sweepstakes It is unfair or deceptive in trade or commerce for a sponsor to advertise or solicit any sweepstakes unless there is a clear and conspicuous disclosure of: (1) The statement of odds of winning in arabic numerals; provided that if the odds of winning depend on the number of entries received, a statement to that effect will be deemed sufficient; (2) The name and address of the sponsor, or the sponsor’s agent, consistently stated wherever it is used in a promotion, and: (a) The name and address of the sponsor, or the sponsor’s agent, stated on the envelope used to mail the advertisement or solicitation; or (b) The name and address of the sponsor, or the sponsor’s agent, stated on the entry form or on the heading to the solicitation; and (3) The rules for entry without purchase. Statutory/Other Authority: ORS 180.520(1)(c) & 646.608(1)(u) Statutes/Other Implemented: ORS 180.520(1)(c) & 646.608(1)(u) History: JD 2-1996, f. 6-21-96, cert. ef. 7-8-96
137-020-0460 Requests for Removal from Sweepstakes Promotion Mailing List; Additions to List of Persons to Whom Sweepstakes Promotions May Not Be Mailed (1) Definitions. For purposes of this rule: (a) “Department” means the Oregon Department of Justice. (b) “Removal request” means a written request to be removed from a sweepstakes promotion mailing list or to be placed on a list of persons to whom sweepstakes promotions may not be mailed. (c) “Person” means an individual, corporation, trust, partnership, or incorporated or unincorporated association. (d) “Sweepstakes” has the meaning given in OAR 137-020-0410(j). (e) “Sweepstakes promotion” means an offer to participate in a sweepstakes. (2) Any person who receives a sweepstakes promotion in the United States mail may send a written removal request to the originator of the sweepstakes promotion. (3) Removal requests shall be submitted on a “Sweepstakes Removal Request” form provided by the Department. (4) Removal requests may be mailed to: (a) The Department, at the address indicated on the “Sweepstakes Removal Request” form; or (b) The originator of the sweepstakes promotion, at the address to which the recipient of the sweepstakes promotion would have sent a payment for any goods or services promoted in the sweepstakes promotion had the recipient ordered the goods or services instead of mailing a removal request. (5) Within 15 business days of the receipt of a removal request, the Department shall forward the removal request to the originator of the sweepstakes promotion by certified mail. (6) Within 60 calendar days of the date of receipt of a removal request by a person or the Department, the originator of the sweepstakes promotion shall remove the requestor’s name from the originator’s sweepstakes promotion mailing list or place the requestor’s name on a list of persons to whom sweepstakes promotions may not be mailed. (7) Failure by the originator of a sweepstakes promotion to comply with section (6) of this rule constitutes an unlawful trade practice under ORS 646.608. Statutory/Other Authority: ORS 646.879 Statutes/Other Implemented: ORS 646.879 History: DOJ 9-2000, f. & cert. ef. 8-14-00
137-020-0505 Manufactured Dwelling Rules (1) Purpose: The purpose of these rules is to declare as unfair or deceptive in trade or commerce certain practices involving the sale of manufactured dwellings; to set out disclosures that must be included in the manufactured dwelling purchase agreement; and to set out new requirements for disclosure of site improvements in manufactured dwelling park rental agreements. (2) Authority: These rules are adopted pursuant to ORS Chapter 183 on authority granted by 90.516 (2001 OL Ch. 282 § 5), 646.404 (2001 OL Ch. 969 § 3), 646.608(1)(u) and 646.608(4). Statutory/Other Authority: ORS 90.516, 180.520(1)(c), 646.404, 646.608(1)(u) & (4) Statutes/Other Implemented: ORS 90.510, 90.512 - 90.518, 646.400 - 646.404, 646.608(1)(u), (1)(yy) & (4) History: DOJ 2-2002, f. & cert. ef. 4-15-02
137-020-0535 Unfair Trade Practices It is unfair or deceptive in trade or commerce for the dealer or the landlord of a manufactured dwelling park to: (1) Require a prospective tenant to purchase a manufactured dwelling from a particular dealer or one of a group of dealers; (2) Give preference to a prospective tenant who has purchased a manufactured dwelling from a particular dealer; or (3) Require The buyer to rent a space for a manufactured dwelling in a particular manufactured dwelling park or group of such parks. Statutory/Other Authority: ORS 180.520(1)(c), 646.608(1)(u) & (4) Statutes/Other Implemented: ORS 646.608(1)(u) & (4) History: DOJ 2-2002, f. & cert. ef. 4-15-02, Renumbered from 137-020-0500 JD 6-1997, f. & cert. ef. 11-3-97
137-020-0600 Misrepresentation of Notarial Powers; Notice of Notarial Powers and Fees (1) As used in this section: “Notary public” means any person certified by the State of Oregon to provide notarial services as specified by ORS 194.005 to 194.200 and 194.505 to 194.595 who is not a member of the Oregon State Bar and who is not otherwise authorized by federal law to practice, serve as a representative or appear in immigration matters. (2) It is unfair or deceptive in trade or commerce for a notary public to make an express or implied representation of powers, qualifications, rights or privileges that the notary public does not have, including but not limited to the power to provide advice of any kind on legal or immigration matters. (3) It is unfair or deceptive in trade or commerce for a notary public to make an express or implied representation that the notary public is a “notario publico,” or a “notario,” or to advertise notarial services in a language other than English, unless the representation or advertisement clearly and conspicuously includes the following in the language of the representation or advertisement and in English: (a) A statement, “I am not licensed to practice law in the State of Oregon, and I am not permitted to give legal advice on immigration or other legal matters or accept fees for legal advice”; and (b) The fees for notarial acts specified under ORS 194.164. (4) It is unfair or deceptive in trade or commerce for a notary public who makes an express or implied representation that the notary public is a “notario publico,” or a “notario,” or who advertises notarial services in a language other than English to fail to clearly and conspicuously post a sign containing the information specified in subsection (3)(a) and (3)(b) of this rule in a publicly accessible area of the notary’s place of business. Statutory/Other Authority: ORS 180.520(1)(c), 646.608(1)(u) & (4) Statutes/Other Implemented: ORS 646.608(1)(u) & (4) History: DOJ 3-1999, f. & cert. ef. 2-18-99
137-020-0705 Purpose These rules implement ORS 180.095(4) by establishing the framework within which the Department of Justice shall negotiate contracts with Community Dispute Resolution Programs to carry out a pilot program testing the efficiency, effectiveness, and fairness of mediating certain disputes between dealers and their customers arising from used motor vehicle transactions. Throughout the design, implementation, and evaluation of the used motor vehicle mediation pilot program, the Department shall periodically consult with dealers, consumers, mediators, and other interested persons. Statutory/Other Authority: ORS 180.095(4) Statutes/Other Implemented: ORS 180.095(4) History: DOJ 10-2000, f. & cert. ef. 8-14-00
137-020-0707 Definitions (1) “Community Dispute Resolution Program” or “CDRP” means a program that has been determined eligible for funding under ORS 36.155(1)(b) and OAR 718, division 20. (2) “Dealer” means a person licensed by the Oregon Department of Motor Vehicles to sell, trade, lease, display or offer for sale, trade or exchange motor vehicles or to offer to negotiate or purchase motor vehicles on behalf of third parties. “Dealer” does not include a security interest holder as shown by the vehicle title issued by any jurisdiction or any person excluded by ORS 822.015(1) to (4) or 822.015(6) to (9). (3) “Department” means the Oregon Department of Justice. (4) “Mediation” means a voluntary process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy. (5) “Motor vehicle” means any self-propelled vehicle normally obtained for personal, family or household purposes. “Motor vehicle” does not include aircraft. (6) “Used motor vehicle” means any motor vehicle that has been previously delivered to any person for his or her discretionary use for personal or business purposes and for more than a try-out before a contemplated purchase or preparation for sale. Statutory/Other Authority: ORS 180.095(4) Statutes/Other Implemented: ORS 180.095(4) History: DOJ 10-2000, f. & cert. ef. 8-14-00
137-020-0711 Mediator Qualifications and Training (1) Minimum Qualifications and Training. Every mediator assigned by a CDRP to participate in this pilot program shall meet or exceed: (a) The minimum qualifications and training requirements for mediators in CDRP’s established by the Oregon Dispute Resolution Commission in OAR 718-020-0070; and (b) Any additional qualifications and training requirements established by the participating CDRP. (2) Additional Qualifications and Training. The Department shall develop a training program for mediators who will participate in this pilot program. In addition to the minimum qualifications and training required under section (1) above, mediators assigned by a participating CDRP to participate in this pilot program shall complete to the satisfaction of the participating CDRP a course of education describing the basic legal principles applicable to common disputes about used motor vehicle transactions. The materials will also include basic information about the used motor vehicle industry. Statutory/Other Authority: ORS 180.095(4) Statutes/Other Implemented: ORS 180.095(4) History: DOJ 10-2000, f. & cert. ef. 8-14-00
137-020-0713 Costs of Participation, Collection of Data (1) Neither the dealer nor the consumer shall be required to make any payment to anyone for participation in the pilot program. (2) The Department may enter into an interagency agreement with the Oregon Dispute Resolution Commission for the collection and analysis of data concerning the efficiency, effectiveness, and fairness of the pilot program. Statutory/Other Authority: ORS 180.095(4) Statutes/Other Implemented: ORS 180.095(4) History: DOJ 10-2000, f. & cert. ef. 8-14-00
137-020-0800 Definitions As used in this rule and OAR 137-020-0805: (1) “Borrower” means an individual who is obligated to repay a loan under a residential mortgage loan agreement, and includes the individual's spouse, domestic partner, and heirs; (2) “Good faith” means honesty in fact and the observance of reasonable standards of fair dealing; (3) “Mortgage loan servicer” means a person engaging in the servicing of residential mortgage loans in this state and includes a person who makes or holds a mortgage loan if the person is the holder of the mortgage servicing rights or has been delegated servicing functions for the mortgage loan; (4) “Residential mortgage loan” means a loan to a natural person made primarily for personal, family or household use, other than a loan for open-end credit, as that term is defined in 12 CFR 1026.2(a)(20), as in effect on December 30, 2011, secured by a mortgage or other consensual security interest on residential real property located in this state; (5) “Servicing of residential mortgage loans” includes, but is not limited to: (a) Collecting or remitting, or having the right or obligation to collect or remit, for a lender, note owner, note holder or other holder of an interest in a note, payments, interest, principal and trust items, including but not limited to hazard insurance and taxes, on a residential mortgage loan in accordance with the terms of the loan, and includes loan payment follow-up, delinquency loan follow-up, loan analysis and any notifications to the borrower that are necessary to enable the borrower to keep the loan current and in good standing; (b) Bringing and maintaining a suit or action to collect amounts owed on a residential mortgage loan, including but not limited to exercising contractual, statutory or common law remedies such as injunction, specific performance, judicial or nonjudicial foreclosure or receivership; and, (c) Taking action for the purpose of protecting the lender's, note owner's, note holder's or other owner of an interest in the note's interest in the property and rights under the security instrument. "Servicing of residential mortgage loans" does not include the activities of any person licensed or authorized to act as an attorney, escrow agent, title company, or title insurer under Oregon law, or any person qualified to serve as a trustee under ORS 86.790. (6) “Person” has the meaning provided in ORS 646.605(4); and, (7) “Residential real property” means real property located in this state improved by a one-to-four family residence or residential unit in a building used or occupied, or intended to be used or occupied, wholly or partly, as the primary residence of the borrower, but shall not refer to unimproved real property upon which such dwellings are to be constructed. Statutory/Other Authority: ORS 646.608(4) Statutes/Other Implemented: ORS 646.608(1)(u) & (4) History: DOJ 12-2012, f. 7-23-12, cert. ef. 7-24-12 Suspended by DOJ 4-2012(Temp), f. & cert. ef. 2-15-12 thru 7-24-12 DOJ 2-2012(Temp), f. & cert. ef. 1-27-12 thru 7-24-12
137-020-0805 Unfair and Deceptive Acts in Mortgage Loan Servicing A mortgage loan servicer engages in unfair or deceptive conduct in trade or commerce if the mortgage loan servicer: (1) Assesses a late fee or delinquency charge for a full payment made on or before the payment's due date or within the grace period applicable for the payment; (2) Assesses or collects any default-related fee or charge that the servicer is not legally authorized to assess or collect under the terms of the residential mortgage loan, deed of trust, or mortgage; (3) Misrepresents to a borrower any material information regarding a loan modification; (4) Misrepresents any information set forth in an affidavit, declaration, or other sworn statement detailing a borrower's default and the servicer's right to foreclose; (5) Fails to comply with the requirements of the following provisions of the Real Estate Settlement Procedures Act of 1974, as in effect on January 1, 2012: 12 USC 2605(b), 12 USC 2605(c), 12 USC 2605(d), or 12 USC 2605(e); or, (6) Fails to deal with a borrower in good faith. Statutory/Other Authority: ORS 646.608(4) Statutes/Other Implemented: ORS 646.608(1)(u) and (4) History: DOJ 12-2012, f. 7-23-12, cert. ef. 7-24-12 DOJ 4-2012(Temp), f. & cert. ef. 2-15-12 thru 7-24-12