reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.515 - Definitions for ORS 646.515 to 646.545.

As used in ORS 646.515 to 646.545, 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)(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 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.535 - Unfair trade practices prohibited; exception.

(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;
(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, 646.738 or 646.739 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.545 - Remedy for unfair trade practices; attorney fees.

(1) In addition to any other remedies provided by law, any producer injured by a violation of ORS 646.535 may maintain an action for damages sustained by such producer.
(2) The prevailing party in any action brought pursuant to subsection (1) of this section shall be allowed, in addition to the costs and disbursements otherwise prescribed by law, a reasonable sum for attorney fees at trial and on appeal for the prosecution or defense of such action. [1963 c.514 §§4,5; 1981 c.897 §76; 1995 c.658 §112]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.555 - Burden of proof for person claiming exemption.

In any proceeding to enforce the provisions of ORS 646.551 to 646.565 and 646.608, the burden of proving an exemption or exception is upon the person claiming it. [1989 c.622 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.557 - Required disclosures by telephonic seller.

In addition to complying with the requirements of ORS 646.553, 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.
(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.
(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.
(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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.561 - Definitions for ORS 646.561 to 646.565.

As used in ORS 646.561 to 646.565, unless the context otherwise requires:
(1) "Charitable organization" means an organization organized for charitable purposes as defined in ORS 128.801.
(2) "Party" means a telephone customer of a telecommunications company.
(3) "Telephone solicitation" means the solicitation by telephone by any person of a party for the purpose of encouraging the party to purchase real estate, goods or services, or make a donation. "Telephone solicitation" does not include:
(a) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have made a donation or expressed an interest in making a donation to the organization or agency;
(b) Calls limited to polling or soliciting the expression of ideas, opinions or votes; or
(c) Business to business contacts. [1989 c.622 §8; 2007 c.441 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.563 - Telephone solicitation of party who states desire not to be called.

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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.565 - Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission.

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 and 646.563. Notification may be by:
(1) Annual inserts in the billing statements mailed to parties; or
(2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [1989 c.622 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.567 - Definitions for ORS 646.567 to 646.578.

As used in 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.
(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.
(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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.569 - Prohibition of solicitation of party on do-not-call list; liability for assistance or support; exceptions.

(1)(a) A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list:
(A) Published by the administrator of the telephone solicitation program established under ORS 646.572 and 646.574; or
(B) Maintained as part of the federal registry designated under ORS 646.572.
(b) If a person knows or consciously avoids knowing that another person is engaging in an act or practice that violates the provisions of paragraph (a) of this subsection and the person nonetheless provides substantial assistance or support for the violation, including permitting, carrying or facilitating calls that violate paragraph (a) of this subsection, 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 paragraph (a) of this subsection.
(c) A violation of paragraph (a) of this subsection is an unlawful practice under ORS 646.608.
(d) Paragraphs (b) and (c) of this subsection 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.
(2) For purposes of 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) "Predecessor of the business enterprise" means a financial institution as defined in 15 U.S.C. 6827 that has:
(A) Merged with or been acquired by the business enterprise for which the person is calling; or
(B) Sold or assigned an account of a party who has previously purchased from the business enterprise, to the business enterprise for which the person is calling.
(c) "Radio common carrier" has the meaning given that term in ORS 759.005.
(d) "Telecommunications service" has the meaning given that term in ORS 759.005.
(e) "Telecommunications utility" has the meaning given that term in ORS 759.005.
(f) "Telephone solicitation" does not include a person soliciting business from prospective purchasers who have previously purchased from:
(A) The person making the solicitation;
(B) The business enterprise for which the person is calling; or
(C) A predecessor of the business enterprise for which the person is calling. [1989 c.451 §2; 1999 c.564 §1; 2001 c.503 §1; 2007 c.441 §5; 2023 c.322 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.572 - Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General.

(1) The Attorney General shall either:
(a) Advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in ORS 646.574; or
(b) Designate a federal "do not call" registry, including but not limited to the registry maintained by the Federal Trade Commission under 16 C.F.R. 310, in lieu of an Oregon do not call registry.
(2) The Attorney General may include in a contract with the administrator any provision that the Attorney General determines is in the public interest.
(3) If a party requests, the Attorney General shall instruct the party on how to register the party’s telephone number on the federal "do not call" registry designated under subsection (1)(b) of this section. [1999 c.564 §3; 2007 c.441 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.576 - Rules.

In the manner provided by ORS chapter 183, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under ORS 646.572 and 646.574. [1999 c.564 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.578 - Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission.

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.578 and 646.608. Notification may be by:
(1) Annual inserts in the billing statements mailed to parties; or
(2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [Formerly 646.571]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.607 - Unlawful business, trade practices.

A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person:
(1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obligation.
(2) Fails to deliver all or any portion of real estate, goods or services as promised, and at a customer’s request, fails to refund money that the customer gave to the person to purchase the undelivered real estate, goods or services and that the person does not retain pursuant to any right, claim or defense the person may assert in good faith. This subsection does not create a warranty obligation and does not apply to a dispute over the quality of real estate, goods or services delivered to a customer.
(3) Violates ORS 401.965 (2).
(4) Violates a provision of ORS 646A.725 to 646A.750.
(5) Violates ORS 646A.530.
(6) Employs a collection practice that is unlawful under ORS 646.639.
(7) Is a beneficiary that violates ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2).
(8) Violates ORS 646A.093.
(9) Violates a provision of ORS 646A.600 to 646A.628.
(10) Violates ORS 646A.808 (2).
(11) Violates ORS 336.184.
(12) Publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation.
(13) Violates ORS 646A.813 (2).
(14) Violates ORS 137.930 (1). [1977 c.195 §4; 1979 c.505 §1; 2003 c.759 §§9,10; 2007 c.223 §6; 2008 c.19 §16; 2008 c.31 §4; 2009 c.60 §1; 2013 c.304 §13; 2013 c.433 §2; 2015 c.128 §2; 2015 c.357 §4; 2015 c.528 §3; 2017 c.145 §1; 2019 c.193 §2; 2021 c.305 §2; 2021 c.486 §5; 2021 c.305 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.609 - "Pyramid club" and "investment" defined.

As used in ORS 646.608 (1)(r), "pyramid club" means a sales device whereby a person, upon condition that the person make an investment, is granted a license or right to solicit or recruit for economic gain one or more additional persons who are also granted such license or right upon condition of making an investment and who may further perpetuate the chain of persons who are granted such license or right upon such condition. "Pyramid club" also includes any such sales device which does not involve the sale or distribution of any real estate, goods or services, including but not limited to a chain letter scheme. A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for such license or right to recruit or solicit or the receipt of economic gain therefrom, does not change the identity of the scheme as a pyramid club. As used herein, "investment" means any acquisition, for a consideration other than personal services, of property, tangible or intangible, and includes without limitation, franchises, business opportunities and services. It does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale. For the purpose of ORS 646.608 (1)(r), any person who organizes or induces or attempts to induce membership in a pyramid club is acting in the course of the person’s business, vocation or occupation. [1973 c.513 §3; 1981 c.379 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.611 - Information required to be given by telephone or door to door seller to potential customer.

A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.612 - Application of ORS 646.607 and 646.608.

ORS 646.607 and 646.608 do not apply to:
(1) Conduct in compliance with the orders or rules of, or a statute administered by a federal, state or local governmental agency.
(2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, telephone directory or radio or television station in the publication or dissemination of an advertisement, when the publisher, owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement. [1971 c.744 §10; 1977 c.195 §5; 2005 c.577 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.618 - Investigative demand; petition to modify.

(1) Except as provided in ORS 646.633, when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 or 646.608, the prosecuting attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify, to answer written interrogatories, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, or to do any of the foregoing, concerning conduct of any trade or commerce which is the subject matter of the investigation.
(2) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court. [1971 c.744 §14; 1973 c.235 §3; 1977 c.195 §6; 2010 c.94 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.622 - Method of serving investigative demand.

Service of an investigative demand under ORS 646.618 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.626 - Effect of failure to obey investigative demand.

(1) If any person, after being served with an investigative demand under ORS 646.622, fails or refuses to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order:
(a) Granting injunctive relief to restrain the person from engaging in conduct of any aspect of the trade or commerce that is involved in the alleged or suspected violation; or
(b) Granting such other relief as may be required, until the person obeys the investigative demand.
(2) Any disobedience of any final order of a court under this section shall be punished as a contempt of court. [1971 c.744 §16; 1973 c.235 §4; 1977 c.195 §7; 2005 c.22 §448]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.633 - Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services.

(1) For purposes of this section, "state regulated lender" means:
(a) A banking institution as defined in ORS 706.008;
(b) A credit union as defined in ORS 723.006;
(c) A person that is required to be licensed under ORS 725.045;
(d) A pawnbroker, as defined in ORS 726.010, 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, that is required to be licensed under ORS 86A.095 to 86A.198; or
(f) A mortgage loan originator that is required to be licensed under ORS 86A.200 to 86A.239.
(2) A prosecuting attorney may not take action under ORS 646.618 or 646.632 with respect to an alleged unlawful practice under ORS 646.607 or 646.608 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 (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 (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 when the action involves the conduct of a state regulated lender. [2010 c.94 §6; 2019 c.13 §61]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.636 - Remedial power of court.

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.607 or 646.608, or as may be necessary to ensure cessation of unlawful trade practices. [1971 c.744 §12; 1977 c.195 §8; 2005 c.22 §449]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.641 - Civil action for unlawful collection practice; damages; attorney fees; time for commencing action.

(1) Any person injured as a result of willful use or employment by another person of an unlawful collection practice may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $200, whichever is greater. The court or the jury may award punitive damages, and the court may provide such equitable relief as it deems necessary or proper.
(2) In any action brought by a person under this section, the court may award reasonable attorney fees to the prevailing party.
(3) Actions brought under this section shall be commenced within one year from the date of the injury. [1977 c.184 §3; 1981 c.897 §79; 1995 c.618 §99]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.642 - Civil penalties.

(1) Any person who willfully violates the terms of an injunction issued under ORS 646.632 shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties.
(2) Any person who willfully violates any provision of an assurance of voluntary compliance approved and filed with an appropriate court under ORS 646.632 shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. Any prosecuting attorney may apply to an appropriate court for recovery of such civil penalty. In any action brought by a prosecuting attorney under this section, and in any contempt action brought by a prosecuting attorney pursuant to ORS 646.632 (4), the court may award to the prevailing party, in addition to any other relief provided by law, reasonable attorney fees and costs at trial and on appeal.
(3) In any suit brought under ORS 646.632, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by ORS 646.607 or 646.608, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty to be set by the court of not exceeding $25,000 per violation. [1971 c.744 §17; 1975 c.437 §5; 1977 c.195 §10; 1989 c.745 §2; 1995 c.618 §100]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.643 - Applicability of ORS 646.639.

A debt collector who is subject to and in compliance with the requirements of the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. 1692 et seq.) shall also be considered to be in compliance with the requirements of ORS 646.639. [1991 c.906 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.646 - Loss of license or franchise by person violating injunction.

Upon petition by the prosecuting attorney, the court may, in its discretion, order the dissolution or suspension or forfeiture of the license or franchise of any person who violates the terms of any injunction issued under ORS 646.632. [1971 c.744 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.647 - Unlawful use of recording group name; exceptions.

(1) As used in this section:
(a) "Recording group" means a group of vocal or instrumental musicians that has released a commercial sound recording under its name.
(b) "Sound recording" has the meaning given that term in ORS 164.864.
(2) A person may not use or attempt to use the name of a recording group in advertising or presenting a live musical performance or production in which a group other than the recording group performs.
(3) Subsection (2) of this section does not apply if:
(a) The person is the authorized registrant and owner of a service mark for the name of the recording group registered with the United States Patent and Trademark Office;
(b) At least one member of the recording group is a member of the group advertising or presenting a live musical performance or production using the name of the recording group and has a legal right to use the name of the recording group by virtue of use or operation under the name of the recording group without having abandoned the name or affiliation with the group;
(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute to the recording group and the name used in advertising or presenting a live musical performance or production is not so closely related or similar to that used by the recording group that it would cause the likelihood of confusion or of misunderstanding as to the affiliation, connection or association with the recording group;
(d) The advertising relates to a live musical performance or production that will not take place in this state; or
(e) The live musical performance or production is expressly authorized by the recording group. [2009 c.197 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.648 - Unlawful practice by manufactured dwelling dealer.

(1) As used in this section:
(a) "Buyer" means a person who buys or agrees to buy a manufactured dwelling from a manufactured dwelling dealer.
(b) "Cash sale price" means the price for which a manufactured dwelling dealer would sell to a buyer, and the buyer would buy from a dealer, a manufactured dwelling that is covered by a purchase agreement, if the sale were a sale for cash instead of a retail installment sale.
(c) "Manufactured dwelling" has the meaning given that term in ORS 446.003.
(d) "Manufactured dwelling dealer" means a person licensed under ORS 446.691 or 446.696 or a temporary manufactured structure dealer licensee under ORS 446.701.
(e) "Retail installment sale" has the meaning given that term in ORS 83.510.
(2) A manufactured dwelling dealer engages in an unlawful practice when, in a sale of a manufactured dwelling, the dealer does any of the following:
(a) Misrepresents to a buyer that, as a condition of financing, the buyer must purchase:
(A) Credit life insurance;
(B) Credit disability insurance;
(C) Credit unemployment insurance;
(D) Credit property insurance;
(E) Health insurance;
(F) Life insurance; or
(G) An extended warranty.
(b) In close connection with the sale, misrepresents to a lender:
(A) The cash sale price;
(B) The amount of the buyer’s down payment; or
(C) The buyer’s credit or employment history. [2001 c.917 §1; 2003 c.655 §82]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.652 - District attorney’s reports to Attorney General; filing of voluntary compliances.

A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS 336.184 and 646.605 to 646.652, including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 646.632. [1971 c.744 §19]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.656 - Remedies supplementary to existing statutory or common law remedies.

The remedies provided in ORS 336.184 and 646.605 to 646.652 are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state. [1971 c.744 §21a]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.705 - Definitions for ORS 136.617 and 646.705 to 646.805.

(1) As used in ORS 646.705 to 646.805:
(a) "Public body" has the meaning given that term in ORS 174.109.
(b) "Trade or commerce" means trade or commerce within this state or between this state and any state, territory, or foreign nation.
(2) As used in ORS 646.775, "natural persons" does not include proprietorships, partnerships or other business entities. [1975 c.255 §2; 1979 c.790 §1; 2023 c.103 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.715 - Declaration of purpose.

(1) The Legislative Assembly deems it to be necessary and the purpose of ORS 646.705 to 646.805 and 646.990 is to encourage free and open competition in the interest of the general welfare and economy of the state, by preventing monopolistic and unfair practices, combination and conspiracies in restraint of trade and commerce, and for that purpose to provide means to enjoin such practices and provide remedies for those injured by them.
(2) Without limiting the scope of ORS 646.705 to 646.805 and 646.990, it is the legislative purpose that it apply to intrastate trade or commerce, and to interstate trade or commerce involving an actual or threatened injury to a person or property located in this state. The decisions of federal courts in construction of federal law relating to the same subject shall be persuasive authority in the construction of ORS 646.705 to 646.805 and 646.990. [1975 c.255 §3; 2001 c.415 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.730 - Monopolies prohibited.

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of trade or commerce, shall be in violation of ORS 136.617, 646.705 to 646.805 and 646.990. [1975 c.255 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.735 - Exemption for coordinated care organizations; state action immunity; permitted activities.

(1) The Legislative Assembly declares that collaboration among public payers, private health carriers, third party purchasers and providers to identify appropriate service delivery systems and reimbursement methods to align incentives in support of integrated and coordinated health care delivery is in the best interest of the public. The Legislative Assembly therefore declares its intent to exempt from state antitrust laws, and to provide immunity from federal antitrust laws through the state action doctrine, coordinated care organizations that might otherwise be constrained by such laws.
(2) The Director of the Oregon Health Authority or the director’s designee shall engage in appropriate state supervision necessary to promote state action immunity under state and federal antitrust laws, and may inspect or request additional documentation to verify that the Oregon Integrated and Coordinated Health Care Delivery System established under ORS 414.570 is implemented in accordance with the legislative intent expressed in ORS 414.018.
(3) Groups that include, but are not limited to, health insurance companies, health care centers, hospitals, health service organizations, employers, health care providers, health care facilities, state and local governmental entities and consumers, may meet to facilitate the development, implementation and operation of a coordinated care organization in accordance with criteria and requirements adopted by the Oregon Health Authority under ORS 414.572. Any participation by such entities and individuals shall be on a voluntary basis.
(4) The authority may conduct a survey of the entities and individuals specified in subsection (3) of this section concerning payment and delivery reforms.
(5) A survey or meeting under subsection (3) or (4) of this section is not a violation of state antitrust laws and shall be considered state action for purposes of federal antitrust laws through the state action doctrine. [2011 c.602 §18; 2012 c.8 §22]
Note:
646.735 was enacted into law by the Legislative Assembly but was 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.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.736 - Public policy; certain cooperative activities not unlawful.

(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 (3), that operates in compliance with the provisions of ORS 646.737, 646.738 or 646.739 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 to 646.739 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.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.740 - Permitted activities.

The provisions of ORS 136.617, 646.705 to 646.805 and 646.990 may not be construed to make the following illegal:
(1) The activities of any labor organization or individual working men and women permitted by ORS chapters 661 to 663.
(2) The right of producers, as defined in ORS 646.515, and commercial fishermen to join, belong to and act through cooperative bargaining associations under ORS 646.515 to 646.545. For the purpose of this subsection, activities of cooperative bargaining associations and their members that are lawful under 15 U.S.C. 521 and 522 or 7 U.S.C. 291 and 292 are lawful under ORS 646.515 to 646.545.
(3) The activities of any person subject to regulation by the Public Utility Commission under ORS chapters 756 to 759 to the extent that such activities are so regulated and are lawful thereunder or the activities of any person conducted or carried out in accordance with any agreement or procedure approved as provided in 49 U.S.C. 5b or 5c.
(4) The activities of any person subject to regulation by the Director of the Department of Consumer and Business Services under ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 743A, 743B, 744, 746, 748 and 750 to the extent that such activities are so regulated and are lawful thereunder.
(5) The activities of any person subject to regulation by the Oregon Health Authority under ORS chapter 741 to the extent that such activities are so regulated and are lawful thereunder.
(6) The activities of any state or national banking institution or savings and loan association, and of any other lending institution, to the extent that such activities are regulated by the Director of the Department of Consumer and Business Services under ORS chapters 706 to 725 and are lawful thereunder.
(7) Any other activity specifically authorized under state law or local ordinance.
(8) The activities of any metropolitan service district formed under ORS chapter 268 and the activities of any person subject to regulation by a metropolitan service district formed under ORS chapter 268 to the extent that those activities are so regulated and are lawful thereunder.
(9) The activities of any person conducted or carried out in accordance with the terms and conditions of a certificate issued pursuant to 15 U.S.C. 4001 to 4021.
(10) The activities of a health care provider authorized by and in accordance with ORS 442.700 to 442.760 to the extent the activities are regulated and lawful under ORS 442.700 to 442.760.
(11) The negotiating activities of a dealer in agricultural commodities that are carried out and supervised under ORS 646.737 or 646.738.
(12) The negotiating activities of a dealer in Oregon seafood commodities that are carried out and supervised under ORS 646.739. [1975 c.255 §6; 1977 c.545 §1; 1979 c.531 §7; 1983 c.200 §19; 1985 c.762 §185; 1987 c.373 §29; 1987 c.447 §136; 1993 c.769 §15; 1995 c.733 §75; 1997 c.296 §2; 2001 c.142 §6; 2003 c.487 §6; 2009 c.241 §5; 2023 c.9 §47]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.750 - Investigative demand by Attorney General; petition to modify.

(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 or 646.730, 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]