reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.240 - Treatment of child support obligations by creditor in applications for extensions of credit.

In evaluating applications for extensions of credit, a creditor may not:
(1) Treat an applicant’s obligation to pay child support more adversely than the creditor treats or would treat another obligation for the same amount, terms and duration as the child support obligation; or
(2) Deny an application solely because the applicant used the applicant’s business address instead of the applicant’s residential address if a law of this state or a local government ordinance permits the applicant to use a business address in lieu of a residential address. [Formerly 646.861; 2009 c.183 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.242 - "Creditor" defined.

As used in ORS 646A.240 to 646A.244, "creditor" means a person who, in the ordinary course of the person’s business, regularly permits debtors to defer payment of their debts, or to incur debt and defer the payment thereof, and in either case, to pay the same with a finance charge or in more than four installments. [Formerly 646.863]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.244 - Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses.

(1) Except as provided in subsection (2) of this section, a person who is adversely affected by a creditor’s violation of ORS 646A.240 shall have a cause of action to recover compensatory damages against the creditor and may also apply to a court for an injunction to prevent the creditor’s further violation of ORS 646A.240. If the damages are awarded, or an injunction granted, the person shall be entitled to reasonable attorney fees at trial and on appeal, as determined by the court in addition to costs and necessary disbursements.
(2) A creditor shall have no liability for compensatory damages, attorney fees or otherwise and no injunction shall issue:
(a) Where the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error; or
(b) Where in violating ORS 646A.240, the creditor shows by a preponderance of evidence that it acted in good faith, in conformity with any statute, law, ordinance, rule, regulation, administrative interpretation or judicial determination then applicable to the transaction in question. [Formerly 646.865]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.274 - Definitions for ORS 646A.276 and 646A.278.

As used in ORS 646A.276 and 646A.278:
(1)(a) "Gift card" means a prefunded record evidencing a promise that the issuer will provide goods or services to the owner of the record in the amount shown in the record.
(b) "Gift card" does not mean prepaid telephone calling cards, prepaid commercial mobile radio services as defined in 47 C.F.R. 20.3, any gift card usable with more than one seller of goods or services or prepaid transportation cards.
(2) "Prepaid transportation card" means any prefunded record evidencing a promise that one or more units of state or local government of any state will provide to the owner or holder of the record, in the amount shown in the record, transportation services that may include but are not limited to the use of a transit system, road or bridge access, use of the transportation system of a transportation district and parking access. [2007 c.772 §1; 2016 c.58 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.276 - Sale of gift card that expires, declines in value, includes fee or does not give option to redeem.

(1) Except as provided in subsection (2) of this section and ORS 646A.278, a person may not sell a gift card:
(a) That has an expiration date;
(b) That has a face value that declines as a result of the passage of time or the lack of use of the card;
(c) That has a fee related to the card, including, but not limited to, an inactivity fee, a maintenance fee or a service fee; or
(d) That does not give the cardholder the option to redeem the card for cash when the face value of the card has declined to an amount less than $5 and the card has been used for at least one purchase. For purposes of this paragraph, "cash" means money or a check.
(2) Subsection (1)(d) of this section does not apply to:
(a) Gift cards that have been given for free or less than full consideration to a person or entity as a donation or as part of a promotional offer;
(b) Gift cards issued by an entity that provides services that are subject to the federal Communications Act of 1934 (47 U.S.C. 151 et seq.); and
(c) Gift cards redeemed to an online account for the purchase of goods or services.
(3) Redemption under subsection (1)(d) of this section may be obtained only from the provider of goods or services indicated on the gift card regardless of whether the provider is the issuer of the gift card. [2007 c.772 §2; 2011 c.336 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.278 - Requirements for sale of gift card that expires.

A person may sell a gift card that has an expiration date if:
(1) The gift card bears, in at least 10-point type, the words "EXPIRES ON" or "EXPIRATION DATE" followed by the date on which the card expires;
(2) The person sells the gift card at a cost below the face value of the card; and
(3) The gift card does not expire until at least 30 days after the date of sale. [2007 c.772 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.280 - Definitions for ORS 646A.280 to 646A.290.

As used in ORS 646A.280 to 646A.290:
(1) "Invoice" means a document containing an itemized list of previously ordered goods or services and an amount or amounts of money owed by the recipient of the document.
(2) "Recipient" means the person to whom an invoice or simulated invoice is uttered.
(3) "Simulated invoice" means a document containing an itemized list of unordered goods or services and an amount or amounts of money to be paid by the recipient of the document.
(4) "Utter" has the meaning given in ORS 165.002. [Formerly 646.291]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.282 - Simulated invoices prohibited.

It is unlawful for any person to utter a simulated invoice if:
(1) A reasonable recipient could, under all the circumstances of its receipt, mistake the simulated invoice for an invoice; or
(2) The person knows or reasonably should know that a recipient could mistake the simulated invoice for an invoice. [Formerly 646.293]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.284 - Cause of action by Attorney General; judgment; attorney fees.

(1) The Attorney General shall have a cause of action against any person who violates ORS 646A.282.
(2) If the Attorney General prevails, the court shall enter judgment against the defendant for:
(a) Each simulated invoice uttered in this state, for the greater of:
(A) Three times the amount stated in the simulated invoice; or
(B) $500;
(b) Such orders or judgments as may be necessary to restore to any person any moneys of which the person was deprived by any conduct in violation of ORS 646A.282; and
(c) Such orders or judgments as may be necessary to ensure cessation of conduct in violation of ORS 646A.282.
(3) The court may award reasonable attorney fees to the prevailing party in an action under this section.
(4) All sums of money received by the Department of Justice under a judgment, settlement or compromise in an action or potential action brought under this section, shall, upon receipt, be deposited with the State Treasurer to the credit of the Department of Justice Protection and Education Revolving Account established pursuant to ORS 180.095. [Formerly 646.296; 2009 c.820 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.286 - Cause of action by private party; judgment; attorney fees.

(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.
(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; and
(c) Such orders or judgments as may be necessary to ensure cessation of conduct in violation of ORS 646A.282.
(3) The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 646.298]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.288 - Presumptions in cause of action brought under ORS 646A.284 or 646A.286.

In any action brought under ORS 646A.284 or 646A.286, the following presumptions apply:
(1) A simulated invoice that has been paid by five or more persons could be mistaken for an invoice by a reasonable recipient.
(2) A person knows that a simulated invoice uttered simultaneously with a copy of a publication or portion of a publication previously ordered by the recipient from a person other than the person uttering the simulated invoice could be mistaken for an invoice by a reasonable recipient. [Formerly 646.300]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.290 - Construction; other remedies.

(1) The provisions of ORS 646A.280 to 646A.290 shall be liberally construed to effectuate its remedial purposes.
(2) The remedy provided by ORS 646A.280 to 646A.290 is in addition to any other remedy, civil or criminal, that may be available under any other provision of law. Claims based on remedies available under other provisions of law may be joined in an action under ORS 646A.280 to 646A.290 or may be asserted in a separate action. [Formerly 646.302]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.292 - Legislative intent.

It is the intent of the Legislative Assembly to end the practice of ongoing charging of consumer credit or debit cards or third party payment accounts without the consumers’ explicit consent for ongoing shipments of a product or ongoing deliveries of service. [2011 c.509 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.293 - Definitions for ORS 646A.293 and 646A.295.

As used in this section and ORS 646A.295:
(1) "Automatic renewal" means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term.
(2) "Clear and conspicuous" means in larger type than the surrounding text, or in contrasting type, font or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. In the case of an audio disclosure, "clear and conspicuous" means in a volume and cadence sufficient to be readily audible and understandable.
(3) "Consumer" means any individual who seeks or acquires, by purchase or lease, any goods, services, money or credit for personal, family or household purposes.
(4) "Continuous service" means a plan or arrangement in which a paid subscription or purchasing agreement continues until the consumer cancels the service.
(5) "Offer terms" means the following clear and conspicuous disclosures:
(a) That the subscription or purchasing agreement will continue until the consumer cancels.
(b) The description of the cancellation policy that applies to the offer.
(c) The recurring charges that will be charged to the consumer’s credit or debit card or payment account with a third party as part of the automatic renewal or continuous service plan or arrangement, and, if the amount of the charge will change, the amount to which the charge will change, if known.
(d) The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer.
(e) The minimum purchase obligation, if any.
(6) "Person" has the meaning given that term in ORS 646.605. [2011 c.509 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.302 - Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier.

The obligations of a supplier under ORS 646A.300 to 646A.322 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.306 - Repurchase of inventory by supplier; effect of new retailer agreement.

(1) A supplier shall repurchase the inventory of a retailer, as if the supplier had terminated the retailer agreement, as follows:
(a) Upon the death of a retailer whose business is owned as a tenancy by the entirety, at the option of the spouse or the heir or heirs of the retailer.
(b) Upon the death of a stockholder of a corporation operating as a retailer, at the option of the heir or heirs of the stockholder and upon the consent of the board of directors.
(2) The surviving spouse or the heir or heirs may exercise the option under this section not later than one year from the date of the death of the retailer or the stockholder.
(3) Nothing in ORS 646A.300 to 646A.322 requires the repurchase of inventory by the supplier:
(a) If the supplier and the corporation acting as a retailer enter into a new retailer agreement to operate the retail dealership.
(b) If the supplier and the surviving spouse or the heir or heirs of the retailer enter into a new retailer agreement to operate the retail dealership. [Formerly 646.435]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.308 - Civil action for supplier’s failure to pay; venue.

(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 or 646A.306, 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 or 646A.306.
(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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.314 - New or relocated dealership; notice; area of responsibility.

(1) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement assigns an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealership within an assigned area of responsibility that is within or contiguous to the area of the new or relocated retailer or dealership.
(2) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement does not assign an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealership within a 75-mile radius of the new or relocated retailer or dealership.
(3) A notice required by this section shall contain:
(a) The new location of the retailer or dealership;
(b) The date that the retailer or dealership will commence business at the new location; and
(c)(A) If the agreement assigns an area of responsibility, the name and address of retailers and dealerships with assigned areas of responsibility that are within or contiguous to the area of the new or relocated retailer or dealership; or
(B) If the agreement does not assign an area of responsibility, the name and address of retailers and dealerships within a 75-mile radius of the new or relocated retailer or dealership. [Formerly 646.452]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.316 - Warranty claims; payment; time for completion.

Unless otherwise agreed:
(1) On a warranty claim, a supplier shall provide reasonable compensation for the retailer’s costs, including but not limited to:
(a) Diagnostic services;
(b) Repair services;
(c) Repair parts; and
(d) Labor.
(2) For labor on warranty service, a supplier may not pay a retailer an hourly rate that is less than the rate that the retailer charges for nonwarranty service.
(3) For repair parts on warranty service, a supplier may not pay a retailer less than the amount that the retailer paid for the parts plus a reasonable allowance for the shipping and handling of the parts.
(4) A supplier must allow a reasonable time for a retailer to complete warranty service. [Formerly 646.453; 2009 c.11 §82]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.318 - Warranty claims; processing.

(1) A supplier shall approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim.
(2) If a supplier does not approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim, the supplier shall pay the claim within 60 calendar days of receipt of the claim.
(3) A supplier that approves a warranty claim shall pay the claim within 30 calendar days of the claim’s approval.
(4) A supplier that disapproves a warranty claim shall, in the writing required by subsection (1) of this section, notify the retailer of the reasons for the disapproval.
(5) If a supplier disapproves a warranty claim because the retailer failed to comply with procedures for submitting the claim prescribed by the retailer agreement, the retailer may resubmit the claim within 30 calendar days of the retailer’s receipt of the supplier’s disapproval.
(6) A supplier may not disapprove a warranty claim as untimely if the claim covers service or parts provided while a retailer agreement was in effect.
(7)(a) For one year after payment of a warranty claim, the supplier may audit records that support the claim.
(b) A supplier may not audit a record that supports a claim more than one year after paying the claim unless an audit has disclosed that the retailer submitted a false claim.
(c) A supplier may:
(A) Adjust a claim paid in error;
(B) Require a retailer to return payment made on a false claim; and
(C) If the retailer owes an amount to the supplier, credit the amount of a claim to the retailer’s account. [Formerly 646.454]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.320 - Retailer’s improvements to products.

Unless otherwise agreed:
(1) If a supplier requires a retailer to improve the safety of farm implements or machinery, the supplier shall reimburse the retailer for the costs of parts, labor and transportation that the retailer incurred to make the improvement.
(2) If a supplier requires a retailer to improve farm implements or machinery for reasons other than safety, the supplier shall reimburse the retailer for the costs of parts and labor that the retailer incurred to make the improvement.
(3) For labor to improve farm implements or machinery, a supplier may not pay a retailer an hourly rate that is less than rate that the retailer charges for like services.
(4) For parts to improve farm implements or machinery, a supplier may not pay a retailer less than the amount that the retailer paid for the parts plus a reasonable allowance for the shipping and handling of the parts. [Formerly 646.456]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.322 - Remedies; arbitration; cause of action; attorney fees; injunctive relief.

(1)(a) A party to a retailer agreement that is aggrieved by the conduct of another party to the agreement under ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320 may seek arbitration of the issues under ORS 36.600 to 36.740. Unless the parties agree to different arbitration rules, the arbitration must be conducted pursuant to the commercial arbitration rules of the American Arbitration Association. If the parties agree, the arbitration is the parties’ only remedy and the findings and conclusions of the arbitrator or panel of arbitrators are binding upon the parties.
(b) The arbitrator or arbitrators may award the prevailing party:
(A) The costs of witness fees and other fees in the case;
(B) Reasonable attorney fees; and
(C) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.
(2) Notwithstanding subsection (1) of this section, a retailer has a civil cause of action in circuit court against a supplier for damages sustained by the retailer as a consequence of the supplier’s violation of ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320, together with:
(a) The actual costs of the action;
(b) Reasonable attorney fees; and
(c) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.
(3) A supplier bears the burden of proving that a retailer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support the retailer. The supplier’s proof must be in writing.
(4) The remedies set forth in this section are not exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section. [Formerly 646.459; 2015 c.563 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.325 - Repurchase of motor vehicle by manufacturer; notice to dealer; contents of notice; notice to prospective buyer.

(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 to 646A.418 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, "motor vehicle" has the meaning given in ORS 646A.400. [Formerly 646.874]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.340 - Definitions for ORS 646A.340 to 646A.348.

As used in ORS 646A.340 to 646A.348:
(1) "Mail agent" means any person, sole proprietorship, partnership, corporation or other entity who owns, manages, rents or operates one or more mailboxes, as defined in this section, for receipt of United States mail or materials received from or delivered by a private express carrier, for any person, sole proprietorship, partnership, corporation or other entity not the mail agent.
(2) "Mailbox" means any physical location or receptacle where United States mail or materials received from or delivered by a private express carrier are received, stored or sorted, including letter boxes.
(3) "Tenant" means any person, sole proprietorship, partnership, corporation or other entity who contracts with or otherwise causes a mail agent to receive, store, sort, hold or forward any United States mail or materials received from or delivered by any private express carrier on the tenant’s behalf. [Formerly 646.221]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.342 - Prohibited conduct; required verifications and notice.

(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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.344 - Bond or letter of credit; action; exceptions.

(1) Except as provided in subsection (5) of this section, a mail agent shall maintain:
(a) A surety bond in the sum of $10,000 executed by the mail agent as obligor, together with a surety company authorized to do business in this state as surety; or
(b) An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in the amount of $10,000.
(2) The bond or letter of credit must:
(a) Be executed to the State of Oregon and for the use of the state and of any person who may have a cause of action against the obligor of the bond or the letter of credit for a violation of ORS 646A.342 or for damages under ORS 646A.346.
(b) Provide that the obligor will comply with ORS 646A.342 and will pay to the state and to any person the moneys that may become due or owing to the state or to the person from the obligor for a violation of ORS 646A.342.
(3) The Attorney General shall approve the form of the bond or letter of credit.
(4) If a person recovers a judgment against a mail agent for a violation of ORS 646A.342 and execution issued upon the judgment is returned unsatisfied in whole or in part, the person may maintain an action upon the bond or letter of credit.
(5) Subsection (1) of this section does not apply to a mail agent whose activity as a mail agent consists solely of receiving, storing, sorting, holding or forwarding United States mail or materials received from or delivered by a private express carrier for tenants of the mail agent if:
(a) The tenant is also renting or leasing from the mail agent an office, store, residential unit or other space or unit intended for human occupancy, and the space or unit is located on the same premises as the mailbox; and
(b) The mail agent services that the mail agent is providing to the tenant are incidental to and a part of the landlord-tenant relationship that exists between the mail agent and the tenant with respect to the leased space or unit. [Formerly 646.229]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.346 - Damages.

Upon proof by a preponderance of evidence that a mail agent has failed to satisfy any of the mail agent’s duties set forth in ORS 646A.342, the mail agent shall be liable for actual damages caused to any person who sent United States mail or materials received from or delivered by a private express carrier addressed to a fictitious person at any tenant’s mailbox and who is damaged because the person who sent the United States mail or materials received from or delivered by a private express carrier is unable to identify the tenant. A mail agent’s liability under this section shall not exceed $1,000 per occurrence. [Formerly 646.235]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.348 - Action by Attorney General; civil penalty; injunction; damages; attorney fees and costs.

(1) The Attorney General may bring an action in the name of the state against any mail agent for violation of ORS 646A.342 or 646A.344. Upon proof by a preponderance of the evidence of a violation of ORS 646A.342 or 646A.344, a mail agent shall forfeit and pay a civil penalty of not more than $1,000 for an initial violation. For a second or subsequent violation, the mail agent shall forfeit and pay a civil penalty of not more than $5,000 for each violation.
(2) The Attorney General may bring an action in the name of the state against any mail agent or other person or entity to restrain or prevent any violation of ORS 646A.342 or 646A.344.
(3) The Attorney General may bring an action on behalf of a person to obtain the damages caused to the person by a mail agent’s violation of ORS 646A.342 or 646A.344.
(4) The court may award reasonable attorney fees and costs of investigation, preparation and litigation to the Attorney General if the Attorney General prevails in an action under this section. The court may award reasonable attorney fees and costs of investigation, preparation and litigation to a defendant who prevails in an action under this section if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [Formerly 646.240]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.350 - Delivery of unrequested hazardous substances prohibited.

No person shall deliver, or cause to be delivered, any hazardous substance, as defined in ORS 453.005 (7), to any residential premises without the prior consent of any occupant of such premises. [Formerly 646.870]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.360 - Unsolicited facsimile machine transmissions.

(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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.362 - Exclusion of name from sweepstakes promotion mailing list; written request; rules.

(1) As used in this section:
(a) "Exclusion request" means a written request to be excluded from a sweepstakes promotion mailing list or to be placed on a list of persons to whom sweepstakes promotions may not be mailed.
(b) "Sweepstakes promotion" has the meaning given that term in ORS 124.005.
(2) Any person who receives a sweepstakes promotion, or a combination of sweepstakes promotions from the same service, in the United States mail, regardless of the identities of the originators of the sweepstakes promotion, may send a written exclusion request to the originator of any sweepstakes promotion.
(3) The exclusion request shall be mailed to the address to which the recipient would have sent a payment for any goods or services promoted in the sweepstakes promotion had the recipient ordered the goods or services instead of mailing an exclusion request.
(4) An originator of a sweepstakes promotion who receives an exclusion request shall exclude the requestor’s name from the originator’s sweepstakes promotion mailing list or shall place the requestor’s name on a list of persons to whom sweepstakes promotions may not be mailed.
(5) The Attorney General shall adopt rules necessary to implement this section.
(6) It is an affirmative defense to a claim or charge of violating subsection (4) of this section that the originator of the sweepstakes promotion had, at the time of the violation, implemented reasonable practices or procedures for preventing a violation. [Formerly 646.879]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.365 - Check, draft or payment instrument creating obligation for payment.

A person may not mail or cause to be sent a check, draft or other payment instrument that, when deposited or cashed, obligates the depositor or payee thereafter to make any payment. This section does not apply to an extension of credit or an offer to lend money. [2007 c.304 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.370 - Definitions for ORS 646A.370 to 646A.374.

As used in ORS 646A.370 to 646A.374:
(1) "Automatic dialing and announcing device" means an automated device that selects and dials telephone numbers and that, working alone or in conjunction with another device, disseminates a prerecorded or synthesized voice message to the telephone number that the device calls.
(2) "Call" means an attempt made to contact or a contact made with a subscriber by means of a telephone or telephone line.
(3) "Caller" means a person that attempts to contact or that contacts a subscriber by using a telephone or telephone line.
(4) "Caller identification service" means a telephone service that permits subscribers to see a caller’s telephone number before answering the telephone.
(5) "Debt buyer" means a person that engages in the business of purchasing delinquent or charged-off debt for the purpose of collecting the debt.
(6) "Established business relationship" means a previous transaction or series of transactions between a caller and a subscriber that occurred within the 18 months preceding a call.
(7) "Subscriber" means an individual who has obtained residential or wireless telephone services from a telecommunications provider, or a person who resides with the individual. [2007 c.823 §1; 2015 c.561 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.372 - Limits on usage of automatic dialing and announcing device.

(1)(a) A caller may not use an automatic dialing and announcing device in order to call a subscriber unless:
(A) The device is designed and operated so as to disconnect within 10 seconds after the subscriber terminates the call; and
(B) The device provides, and the prerecorded or synthesized voice message that the device plays describes, a method by which a subscriber, within the first 10 seconds after a call begins, may enter a single dual-tone multifrequency signal or otherwise enter or speak a one-digit code to notify the caller that the subscriber does not want to receive any future calls from the caller.
(b) Paragraph (a)(B) of this subsection does not apply to a caller that:
(A) Is a collection agency, as defined in ORS 697.005, a debt buyer or a debt collector, as defined in ORS 646.639;
(B) Is a representative of a public safety or law enforcement agency; or
(C) Has an established business relationship with the subscriber.
(2) A caller may not use an automatic dialing and announcing device to make a call unless the range of telephone numbers from which the device chooses the number to dial does not include numbers for:
(a) Fire protection, law enforcement or other emergency agencies;
(b) Hospital and health care facilities, physician’s offices, poison control centers or suicide prevention or domestic violence counseling services; and
(c) Subscribers who used the method described in subsection (1)(a)(B) of this section to notify the caller that the subscribers do not want to receive any future calls from the caller.
(3) Subsection (2)(c) of this section does not apply to a caller that:
(a) Is a collection agency, as defined in ORS 697.005, a debt buyer or a debt collector, as defined in ORS 646.639;
(b) Is a representative of a public safety or law enforcement agency; or
(c) Has an established business relationship with the subscriber.
(4)(a) A caller may not use an automatic dialing and announcing device that dials telephone numbers randomly or sequentially unless the range of telephone numbers from which the device chooses the number to dial does not include numbers for subscribers who appear on an official list that a government agency compiled for the purpose of informing potential callers that the subscribers do not want to receive telephone solicitations.
(b) Paragraph (a) of this subsection does not apply to a caller that:
(A) Has an established business relationship with the subscriber;
(B) Is a debt buyer or is subject to regulation under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq.;
(C) Is a representative of a public safety or law enforcement agency; or
(D) Is a representative of a school district or school if the subscriber is an employee of the school district, a student or the student’s parent, guardian or other family member.
(5) A caller that uses an automatic dialing and announcing device may use the device to call a subscriber only between the hours of 9 a.m. and 9 p.m. [2007 c.823 §2; 2015 c.561 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.374 - Prohibited actions; liability of persons that provide substantial assistance or support for violation; exceptions.

(1) As used in this section:
(a) "Cooperative corporation" means a cooperative corporation or unincorporated association that has a certificate of authority from the Public Utility Commission under ORS 759.025.
(b) "Radio common carrier" has the meaning given that term in ORS 759.005.
(c) "Telecommunications service" has the meaning given that term in ORS 759.005.
(d) "Telecommunications utility" has the meaning given that term in ORS 759.005.
(2) A caller who uses an automatic dialing and announcing device in order to call a subscriber may not misrepresent or falsify, either in speaking with the subscriber or in the prerecorded or synthesized voice message disseminated during the call:
(a) The caller’s identity and the identity of any person on behalf of whom the caller is making the call;
(b) The telephone number from which the caller is making the call;
(c) The location from which the caller is making the call; or
(d) The purpose for which the caller is making the call.
(3) A caller may not intentionally alter, misrepresent or falsify the information that a caller identification service would ordinarily provide to a subscriber who uses such a service.
(4) Except as provided in subsection (5) of this section, a person who provides a caller identification service is not subject to civil liability for a caller’s violation of this section.
(5) If a person knows or consciously avoids knowing that another person is engaging in an act or practice that violates the provisions of subsection (2) or (3) of this section and the person nonetheless provides substantial assistance or support for the violation, including permitting, carrying or facilitating calls that violate subsection (2) or (3) of this section, the person is liable for any loss and subject to any penalty for the violation to the same extent as the person that engaged in the violation of subsection (2) or (3) of this section.
(6) A violation of subsection (2) or (3) of this section is an unlawful practice under ORS 646.608.
(7) Subsections (5) and (6) of this section do not apply to:
(a) A telecommunications utility or cooperative corporation when engaged in providing a telecommunications service and operating as a common carrier, as defined in 47 U.S.C. 153(11), as in effect on September 24, 2023, including a radio common carrier that engages in providing cellular communications services for hire; and
(b) A person that enables another person to complete a voice communication by means of a network that the person operates and on which the voice communication terminates. [2007 c.823 §3; 2023 c.322 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.376 - Enforcement; civil penalty.

Violation of ORS 646A.372 or 646A.374 is an unlawful trade practice that is subject to investigation under ORS 646.618 and is subject to enforcement under ORS 646.632. Notwithstanding the provisions of ORS 646.642, a civil penalty imposed for a violation of ORS 646A.372 or 646A.374 may not exceed $5,000. [2007 c.823 §4; 2015 c.561 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.400 - Definitions for ORS 646A.400 to 646A.418.

As used in ORS 646A.400 to 646A.418:
(1) "Collateral charge" means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as:
(a) A sales, property or use tax;
(b) A license, registration or title fee;
(c) A finance charge;
(d) A prepayment penalty;
(e) A charge for undercoating, rust-proofing or factory or dealer installed options; and
(f) The cost of an aftermarket item purchased within 20 days after delivery of the motor vehicle.
(2) "Consumer" means:
(a) The purchaser or lessee, other than for purposes of resale, of a new motor vehicle normally used for personal, family or household purposes;
(b) Any person to whom a new motor vehicle used for personal, family or household purposes is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle; and
(c) Any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
(3)(a) "Motor home" means a motor vehicle that is a new or demonstrator vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab or van that becomes an integral part of the completed vehicle, and that is designed to provide temporary living quarters for recreational, camping or travel use.
(b) "Motor home" does not include a trailer, camper, van or vehicle manufactured by an entity that primarily manufactures motor vehicles other than motor homes as defined in this subsection.
(c) "Motor home" does not include "living facility components," which means those items designed, used or maintained primarily for the living quarters portion of the motor home, including but not limited to the flooring, plumbing fixtures, appliances, water heater, fabrics, door and furniture hardware, lighting fixtures, generators, roof heating and air conditioning units, cabinets, countertops, furniture and audio-visual equipment.
(4) "Motor vehicle" means a passenger motor vehicle as defined in ORS 801.360 that is purchased in this state or is purchased outside this state but registered in this state. [Formerly 646.315; 2009 c.448 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.402 - Availability of remedy.

The remedy under the provisions of ORS 646A.400 to 646A.418 is available to a consumer if:
(1) A new motor vehicle does not conform to applicable manufacturer’s express warranties;
(2) The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the manufacturer’s authorized dealer, for the purpose of repair or correction, during the two-year period following the date of original delivery of the motor vehicle to the consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first; and
(3) The manufacturer has received direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect. "Notification" under this subsection includes, but is not limited to, a request by the consumer for an informal dispute settlement procedure under ORS 646A.408. [Formerly 646.325; 2009 c.448 §2]