reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.500 - Legislative findings; declaration of purpose.

(1) The Legislative Assembly finds that:
(a) The disability and death of infants resulting from injuries sustained in crib accidents are a serious threat to the public health, welfare and safety of the people of this state;
(b) Infants are an especially vulnerable class of people;
(c) The design and construction of a crib must ensure that the crib is a safe place to leave an infant unattended for an extended period of time;
(d) A parent or caregiver has a right to believe that a crib is a safe place to leave an infant;
(e) The United States Consumer Product Safety Commission estimates that 40 children suffocate or strangle in their cribs every year;
(f) Existing state and federal legislation is inadequate to deal with the hazard of injuries and death to infants from unsafe cribs; and
(g) Prohibiting the remanufacture, retrofitting, sale, contracting to sell or resell, leasing or subletting of unsafe cribs, particularly unsafe secondhand, hand-me-down or heirloom cribs, will prevent injuries and deaths caused by unsafe cribs.
(2) The purpose of ORS 646A.500 to 646A.514 is to prevent the occurrence of injuries to and deaths of infants resulting from unsafe cribs by making it illegal to remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce any crib that is unsafe for an infant using the crib. [Formerly 646.500]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.504 - Definitions for ORS 646A.500 to 646A.514.

As used in ORS 646A.500 to 646A.514:
(1) "Commercial user" means any person, firm, corporation, association or nonprofit corporation, or any agent or employee of a person, firm, corporation, association or nonprofit corporation, including child care facilities or family child care homes certified or registered by the Department of Early Learning and Care under ORS 329A.250 to 329A.450, that:
(a) Deals in cribs of the kind governed by ORS 646A.500 to 646A.514;
(b) By virtue of the person’s occupation, purports to have knowledge or skill peculiar to the cribs governed by ORS 646A.500 to 646A.514;
(c) Is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing cribs in the stream of commerce; or
(d) Uses a crib in caring for infants in return for compensation.
(2) "Crib" means:
(a) Any full-size crib as that term is defined in 16 C.F.R. 1508.3; or
(b) Any nonfull-size crib as that term is defined in 16 C.F.R. 1509.2(b).
(3) "Crib bumper pad" means a pad, other than a mesh liner, that rests directly above the mattress in a crib, or that runs along the surface area or any of the interior sides of the crib.
(4) "Individual" means a natural person who is not a commercial user of cribs.
(5) "Infant" means an individual who is less than three years of age.
(6) "Place of public accommodation" has the meaning given that term in ORS 659A.400. [Formerly 646.502; 2013 c.624 §85; 2021 c.188 §1; 2023 c.554 §56]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.506 - Prohibited conduct.

(1) A commercial user may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce:
(a) A crib that is unsafe for an infant using the crib; or
(b) A crib bumper pad.
(2) A crib is presumed to be unsafe pursuant to ORS 646A.500 to 646A.514 if the crib does not conform to the following standards:
(a) 16 C.F.R. part 1508;
(b) 16 C.F.R. part 1509;
(c) 16 C.F.R. part 1303; and
(d) American Society for Testing Materials Voluntary Standards F966-90, F1169.88, F1822 and F406.
(3) Cribs that are presumed to be unsafe under subsection (2) of this section include but are not limited to cribs with any of the following features or characteristics:
(a) Corner posts that extend more than one-sixteenth of an inch;
(b) Spaces between side slats more than two and three-eighths inches;
(c) Mattress supports that can be easily dislodged from any point of the crib. A mattress support can be easily dislodged if it cannot withstand a 25-pound upward force from underneath the crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the following:
(A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches; or
(B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 26 inches;
(f) Any screws, bolts or hardware that is loose or not secured;
(g) Sharp edges, points, rough surfaces or any wood surfaces that are not smooth and free from splinters, splits or cracks;
(h) Cribs with tears in mesh or fabric sides; or
(i) Crib bumper pads incorporated into or included with the crib as an accessory.
(4) An individual may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce a crib that is unsafe for an infant using the crib.
(5) A commercial user or place of public accommodation may not use or have on the premises a crib bumper pad unless a medical professional has determined that using a crib bumper pad is medically necessary for a particular infant that uses a crib on the premises of the commercial user or place of public accommodation.
(6) The Department of Early Learning and Care shall:
(a) Provide notice of the provisions of this section to child care facilities and family care homes certified or registered by the department and to applicants for certification and registration; and
(b) Adopt rules necessary to implement the provisions of this subsection. [Formerly 646.503; 2021 c.188 §2; 2023 c.554 §57]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.508 - Penalties.

(1) A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) commits a Class A violation.
(2) An individual who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) commits a Class B violation. [Formerly 646.504; 2011 c.597 §259]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.510 - Exemptions.

(1) An antique or vintage crib that is clearly not intended for use by an infant is exempt from the provisions of ORS 646A.500 to 646A.514 if the antique or vintage crib is accompanied at the time of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce by a notice furnished by the commercial user that states that the antique or vintage crib is not intended for use by an infant and that the antique or vintage crib is dangerous for use by an infant.
(2) A commercial user is exempt from liability resulting from use of an antique or vintage crib in a manner that is contrary to the notice required by this section.
(3) As used in this section, "antique or vintage crib" means a crib that is:
(a) 50 years or older measured from the current year;
(b) Maintained as a collector’s item; and
(c) Not intended for use by an infant. [Formerly 646.505]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.512 - Private right of action; attorney fees.

Any person may maintain an action against a commercial user who violates ORS 646A.506 (1) to (3), to enjoin the remanufacture, retrofitting, sale, contract to sell or resell, lease or subletting of a crib that is unsafe for an infant, and for reasonable attorney fees and costs. [Formerly 646.506]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.525 - Definitions for ORS 646A.525 to 646A.535.

As used in ORS 646A.525 to 646A.535:
(1)(a) "Children’s product" means a consumer product that is designed or intended:
(A) For the care of or use by a child under 12 years of age; or
(B) To come into contact with a child under 12 years of age at the time the product is used.
(b) "Children’s product" does not include:
(A) A medication, drug, food or other product that is intended to be ingested; or
(B) A crib, as defined in ORS 646A.504.
(2) "Retailer" means a person that, in the ordinary course of the person’s business, sells or offers for sale, leases, sublets or otherwise distributes a children’s product to consumers in this state.
(3)(a) "Warning" means a communication about a health or safety hazard that a children’s product poses to consumers that is:
(A) Directed to a retailer; and
(B) Intended to inform the retailer about the health or safety hazard, instruct the retailer to remove the children’s product from inventory or provide the retailer with a method to eliminate the health or safety hazard.
(b) "Warning" does not include a communication:
(A) Directed to consumers; and
(B) Affixed to the children’s product or packaging related to the children’s product or provided by the retailer to the consumer as part of a transaction related to the children’s product. [2008 c.31 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.530 - Prohibited sales of certain children’s products; recall notices and warnings; disposal of recalled children’s products; compliance with warning instructions.

(1) A retailer may not sell or offer for sale, lease, sublet or otherwise distribute a children’s product to consumers in this state if the children’s product is:
(a) Subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission or a successor agency;
(b) The subject of a warning issued by the children’s product manufacturer or the Consumer Product Safety Commission or a successor agency that the intended use of the children’s product constitutes a health or safety hazard, unless the retailer has eliminated the hazard and made the children’s product safe for sale, lease, subletting or distribution to consumers in strict compliance with standards and instructions provided in or related to the warning; or
(c) Subject to a declaration by the Director of the Oregon Health Authority under ORS 453.055 or under rules adopted by the Oregon Health Authority that the children’s product is a banned hazardous substance.
(2) A retailer shall subscribe to or arrange to receive recall notices and warnings issued by the Consumer Product Safety Commission and warnings issued by manufacturers from which the retailer receives children’s products.
(3) A retailer shall dispose of a children’s product identified in a recall notice or warning issued by or in cooperation with the Consumer Product Safety Commission or a successor agency in strict compliance with disposal instructions included with or related to the recall notice or warning.
(4) A retailer shall comply strictly with all return, repair, retrofitting, labeling or remediation instructions issued with or related to a warning issued by the Consumer Product Safety Commission or a successor agency, an agency of this state or the children’s product manufacturer. [2008 c.31 §2; 2009 c.595 §1162]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.535 - Assistance of Attorney General in obtaining recall notices.

The Attorney General shall assist retailers in obtaining information the retailers may need to subscribe to or arrange to receive recall notices issued by the United States Consumer Product Safety Commission for children’s products. The assistance shall include, but is not limited to, providing links from the Attorney General’s website to a website maintained by or in cooperation with the Consumer Product Safety Commission for the purpose of disseminating product recall notices. [2008 c.31 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.542 - Requirement to document compliance.

Within 90 days after receiving a request from a city, county or special district that provides wastewater service, a covered entity shall submit to the city, county or special district business information and documentation that is not confidential and that demonstrates compliance with ORS 646A.540. The information must be written and organized for ease of comprehension. [2021 c.181 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.544 - Local government enforcement; notice required; penalties.

(1) A city, county or special district that provides wastewater service has exclusive and concurrent authority to enforce compliance with the requirements of ORS 646A.540. Selling, or displaying for sale, a product package that does not comply with the requirements of ORS 646A.540 is a violation for which the city, county or special district may bring an action to recover a civil penalty in the amounts set forth in subsection (2)(b) of this section. Selling, or displaying for sale, multiple units of the same noncompliant product package is part of the same violation.
(2)(a) Except as provided in paragraph (c) of this subsection, before bringing an action to recover a civil penalty for a violation, a city, county or special district that provides wastewater services shall send to the alleged violator a written notice of violation, dated with the date of mailing, and shall include a copy of the provisions of ORS 646A.540.
(b) If a covered entity sells or displays for sale a product package that does not comply with the requirements of ORS 646A.540 after receiving the notice described in paragraph (a) of this subsection, the city, county or special district may bring an action to recover:
(A) A civil penalty of not more than $2,000 for a first violation that occurs between 90 days and 120 days after the date of the notice;
(B) An additional civil penalty of not more than $5,000 for a second violation or for a first violation that continues for more than 120 days after the date of the notice; and
(C) An additional civil penalty of not more than $10,000 for a third and any subsequent violation or for a first violation that continues during any part of each 30-day period that follows the period described in subparagraph (B) of this paragraph.
(c) For the purposes of the notice requirement set forth in paragraph (a) of this subsection, a product package is the same product package, and the city, county or special district need not send a separate notice of violation, if within 90 days after the date of the notice the covered entity changes the product package in a manner that is unrelated to compliance with the requirements of ORS 646A.540.
(d) If a covered entity has paid a previous penalty for the same violation to another jurisdiction that has enforcement authority under this section, the penalty imposed on the covered entity must be reduced by the amount of the covered entity’s previous payment.
(3) A covered entity shall pay any civil penalty imposed under this section to the city, county or special district that brought the action to recover the civil penalty.
(4) In addition to the amount of any civil penalty imposed, a city, county or special district may recover reasonable enforcement costs and attorney fees. [2021 c.181 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.555 - License to engage in business activity not required for individual under 17 years of age.

(1) Except as provided in subsection (2) of this section and notwithstanding any other provision of law, the State of Oregon, a political subdivision of the state or an agency of the state or of a political subdivision of the state may not require an individual under 17 years of age who is a resident of this state to obtain a license or permit to engage in a business activity in which the individual operates as a sole proprietor under the individual’s own name.
(2) This section does not affect a statute, rule, ordinance or other provision of law that requires a license, certificate, registration, permit or other authorization to conduct a business activity that is subject to regulation for the purpose of protecting the environment or the public health, safety or welfare. [2009 c.276 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.560 - Legislative findings.

The Legislative Assembly finds that it is in the best interest of this state to:
(1) Reduce the amount of mercury in lighting that contains mercury; and
(2) Continue to work with federal, state and local government agencies as well as manufacturers, retailers and others to expand opportunities for consumers to recycle lighting that contains mercury. [2012 c.52 §1]
Note:
646A.560 is repealed January 1, 2025. See section 5, chapter 410, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.562 - Definitions for ORS 646A.560 to 646A.566.

As used in ORS 646A.560 to 646A.566:
(1) "Lighting that contains mercury" means an electric lamp, including compact fluorescent lamps, straight fluorescent lamps and nonlinear fluorescent lamps, to which mercury or mercury compounds are added during the manufacturing process.
(2) "Long lifetime" means 25,000 hours or more when tested on an electronic ballast, including T8 instant start ballasts and T5 programmed start ballasts, and turned off and on every three hours.
(3) "Normal lifetime" means less than 25,000 hours when tested on an electronic ballast, including T8 instant start ballasts and T5 programmed start ballasts, and turned off and on every three hours.
(4)(a) "Producer of lighting that contains mercury" means any person that:
(A) Manufactures and sells lighting that contains mercury under its own brand;
(B) Resells under its own brand lighting that contains mercury produced by other suppliers;
(C) Imports or exports lighting that contains mercury on a professional basis; or
(D) Serves as the importer or domestic distributor of lighting that contains mercury if the brand name owner is located outside of the United States.
(b) "Producer of lighting that contains mercury" does not mean a reseller of lighting that contains mercury if the brand of the manufacturer of the lighting that contains mercury appears on the lighting.
(5) "Special purpose lighting" means appliance lighting, black lighting, germicidal lighting, bug lighting, colored lighting, plant lighting, straight fluorescent reflector lighting, reprographic lighting, shatter resistant lighting, cold temperature lighting and three-way lighting. [2012 c.52 §2]
Note:
646A.562 is repealed January 1, 2025. See section 5, chapter 410, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.564 - Standards for mercury content in electric lamps; exceptions.

(1) A producer of lighting that contains mercury may not sell, offer for sale or distribute in this state any electric lamps that contain mercury in an amount exceeding, per lamp, the following mercury content standards:
(a) 4 milligrams for screw-based compact fluorescent lamps less than 25 watts.
(b) 5 milligrams for compact fluorescent lamps equal to or more than 25 watts and less than 40 watts.
(c) 3 milligrams for straight fluorescent T5 lamps with a normal lifetime.
(d) 4 milligrams for straight fluorescent T8 lamps with a normal lifetime.
(e) 5 milligrams for straight fluorescent T5 and T8 lamps with a long lifetime.
(f) 15 milligrams for T12 8-foot straight fluorescent lamps.
(2) The mercury content standard specified in subsection (1)(d) of this section does not apply to 8-foot models of straight fluorescent T8 lamps.
(3) The mercury content standards specified in subsection (1) of this section do not apply to:
(a) High-output, and very high-output, straight fluorescent lamps more than 32 millimeters in diameter.
(b) Mogul bi-pin based lamps.
(c) Preheat straight fluorescent lamps of any size.
(d) Special purpose lighting.
(e) High intensity discharge lamps. [2012 c.52 §3]
Note:
646A.564 is repealed January 1, 2025. See section 5, chapter 410, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.566 - Considerations for state agency procurement of lighting devices that contain mercury.

When making procurement decisions on lighting that contains mercury, the Oregon Department of Administrative Services, after consultation with the Department of Environmental Quality, shall request information on mercury content, energy use, lumen output and lighting lifetime from potential suppliers and shall, in accordance with the Public Contracting Code and rules adopted under the Public Contracting Code, issue specifications and make procurement decisions that favor lighting that contains mercury that meets the mercury content standards established by ORS 646A.564. [2012 c.52 §4]
Note:
646A.566 is repealed January 1, 2025. See section 5, chapter 410, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.574 - Consumer requests for personal data; requirement to correct inaccuracies; requirement to delete personal data; conditions under which consumer may opt out of personal data processing; format for providing copy of personal data to consumer.

(1) Subject to ORS 646A.576, a consumer may:
(a) Obtain from a controller:
(A) Confirmation as to whether the controller is processing or has processed the consumer’s personal data and the categories of personal data the controller is processing or has processed;
(B) At the controller’s option, a list of specific third parties, other than natural persons, to which the controller has disclosed:
(i) The consumer’s personal data; or
(ii) Any personal data; and
(C) A copy of all of the consumer’s personal data that the controller has processed or is processing;
(b) Require a controller to correct inaccuracies in personal data about the consumer, taking into account the nature of the personal data and the controller’s purpose for processing the personal data;
(c) Require a controller to delete personal data about the consumer, including personal data the consumer provided to the controller, personal data the controller obtained from another source and derived data; or
(d) Opt out from a controller’s processing of personal data of the consumer that the controller processes for any of the following purposes:
(A) Targeted advertising;
(B) Selling the personal data; or
(C) Profiling the consumer in furtherance of decisions that produce legal effects or effects of similar significance.
(2) A controller that provides a copy of personal data to a consumer under subsection (1)(a)(C) of this section shall provide the personal data in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the personal data to another person without hindrance.
(3) This section does not require a controller to disclose the controller’s trade secrets, as defined in ORS 646.461. [2023 c.369 §3]
Note:
646A.574 becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.583 - Controller’s use of deidentified data; exclusions.

(1)(a) A controller that possesses deidentified data shall:
(A) Take reasonable measures to ensure that the deidentified data cannot be associated with an individual;
(B) Publicly commit to maintaining and using deidentified data without attempting to reidentify the deidentified data; and
(C) Enter into a contract with a recipient of the deidentified data and provide in the contract that the recipient must comply with the controller’s obligations under ORS 646A.570 to 646A.589.
(b) A controller that discloses deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the deidentified data is subject and shall take appropriate steps to address any breaches of the contractual commitments.
(c) This section does not prohibit a controller from attempting to reidentify deidentified data solely for the purpose of testing the controller’s methods for deidentifying data.
(2) ORS 646A.570 to 646A.589 do not:
(a) Require a controller or processor to:
(A) Reidentify deidentified data; or
(B) Associate a consumer with personal data in order to authenticate the consumer’s request under ORS 646A.576 by:
(i) Maintaining data in identifiable form; or
(ii) Collecting, retaining or accessing any particular data or technology.
(b) Require a controller or processor to comply with a consumer’s request under ORS 646A.576 if the controller:
(A) Cannot reasonably associate the request with personal data or if the controller’s attempt to associate the request with personal data would be unreasonably burdensome;
(B) Does not use personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with any other personal data about the specific consumer; and
(C) Does not sell or otherwise voluntarily disclose personal data to a third party, except as otherwise provided in this section. [2023 c.369 §7]
Note:
646A.583 becomes operative July 1, 2024. See section 15, chapter 369, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.606 - Security freeze; requirements; proof of authority; effect.

(1) A consumer may elect to place a security freeze on the consumer’s consumer report or, if the consumer is a representative, on a protected consumer’s consumer report or protective record by sending a written request to a consumer reporting agency at an address the agency designates to receive such requests, or a secure electronic request at a website the agency designates to receive such requests if the consumer reporting agency, at the agency’s discretion, makes a secure electronic method available.
(2) If the consumer or protected consumer is the victim of identity theft or has reported a theft of personal information to a law enforcement agency, the consumer or representative may include a copy of the police report, incident report or identity theft declaration.
(3)(a) The consumer or representative must provide proper identification.
(b)(A) In addition to the information described in paragraph (a) of this subsection, a representative who seeks to place a security freeze on a protected consumer’s consumer report or protective record shall provide sufficient proof of the representative’s authority to act on the protected consumer’s behalf.
(B) For purposes of subparagraph (A) of this paragraph, sufficient proof of authority consists of:
(i) A court order that identifies or describes the relationship between the representative and the protected consumer;
(ii) A valid and lawfully executed power of attorney that permits the representative to act on the protected consumer’s behalf; or
(iii) A written affidavit that the representative signs and has notarized in which the representative expressly describes the relationship between the representative and the protected consumer and the representative’s authority to act on the protected consumer’s behalf.
(4)(a) Except as provided in ORS 646A.614, if a security freeze is in place for a consumer report, information from the consumer report may not be released without prior express authorization from the consumer.
(b) Information from a protective record may not be released until the protected consumer for whom the consumer reporting agency created the protective record, or a representative of the protected consumer, removes the security freeze.
(5) This section does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report or protective record. [2007 c.759 §4; 2013 c.415 §2; 2018 c.10 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.610 - Fees not permitted.

A consumer reporting agency may not charge a consumer a fee or collect from a consumer any money or item of value for:
(1) Placing, temporarily lifting or removing a security freeze on the consumer’s consumer report.
(2) Creating or deleting a protective record.
(3) Placing or removing a security freeze on a protective record for a protected consumer.
(4) Replacing a lost personal identification number, password or similar device the consumer reporting agency previously provided to the consumer. [2007 c.759 §6; 2013 c.415 §4; 2018 c.10 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.612 - Conditions for lifting or removing security freeze.

(1)(a) A consumer reporting agency shall temporarily lift or remove a security freeze placed on a consumer report only if a consumer requests that the consumer reporting agency lift or remove the security freeze for the consumer report in accordance with ORS 646A.608.
(b) A consumer reporting agency shall remove a security freeze from a protected consumer’s consumer report or protective record or delete a protective record only if the protected consumer or a representative requests that the consumer reporting agency remove the security freeze from the consumer report or protective record or delete the protective record in accordance with ORS 646A.608.
(2)(a) A consumer reporting agency may temporarily lift or remove a security freeze placed on a consumer report if the security freeze was placed because of a consumer’s, a protected consumer’s or a representative’s material misrepresentation of fact.
(b) A consumer reporting agency may remove a security freeze from or delete a protective record if the consumer reporting agency placed the security freeze or created the protective record as a result of the protected consumer’s or the representative’s material misrepresentation of fact.
(c) If a consumer reporting agency intends to remove a security freeze or delete a protective record under this subsection, the consumer reporting agency shall notify the consumer, protected consumer or representative, as appropriate, in writing at least five business days before removing the security freeze or deleting the protective record. [2007 c.759 §7; 2013 c.415 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.616 - Effect of request for consumer report subject to security freeze.

If a third party requests access to a consumer report on which a security freeze is in effect, the request is in connection with an application for credit or any other use, the consumer does not allow the consumer’s consumer report to be accessed for that period of time, and the third party cannot obtain the consumer report through ORS 646A.614, the third party may treat the application as incomplete. [2007 c.759 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.618 - Prohibition on changes to consumer report subject to security freeze; entities subject to requirement to place security freeze.

(1) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer’s report: name, date of birth, Social Security number and address. Written confirmation is not required for technical modifications of a consumer’s official information, including name and street abbreviations, complete spellings or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
(2) The following entities are not required to place a security freeze on a credit report:
(a) A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a database of credit information from which new consumer credit reports are produced. However, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a consumer report by another consumer reporting agency.
(b) A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers or similar methods of payments.
(c) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution. [2007 c.759 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.620 - Prohibition on printing, displaying or posting Social Security numbers; exemptions.

(1) Except as otherwise specifically provided by law, a person may not:
(a) Print a consumer’s Social Security number on mail to the consumer that is:
(A) Material the consumer did not request; or
(B) Part of any documentation the consumer requested for a transaction or service, unless the Social Security number is redacted.
(b) Print a consumer’s Social Security number on any card required for the consumer to access products or services provided by the person.
(c) Publicly post or publicly display a consumer’s Social Security number unless the Social Security number is redacted. As used in this paragraph, "publicly post or publicly display" means to communicate or otherwise make available to the public.
(d) Dispose of, or transfer to another person for disposal, material or media that display a consumer’s Social Security number unless the person makes the Social Security number unreadable or unrecoverable or ensures that any person that ultimately disposes of the material or media makes the Social Security number unreadable or unrecoverable.
(2) This section does not prevent the collection, use or release of a Social Security number as required by state or federal law or rule adopted by the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals or the judge of the Oregon Tax Court and does not prevent the use or printing of a Social Security number for internal verification or administrative purposes or to enforce a judgment or court order.
(3) This section does not apply to records that must be made available to the public under state or federal law or rule adopted by the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals or the judge of the Oregon Tax Court.
(4) This section does not apply to a Social Security number in any of the following records or copies of records in any form or storage medium maintained or otherwise possessed by a court, the State Court Administrator or the Secretary of State:
(a) A record received on or before October 1, 2007;
(b) A record received after October 1, 2007, if, by state or federal statute or rule, the person that submitted the record could have caused the record to be filed or maintained in a manner that protected the Social Security number from public disclosure; or
(c) A record, regardless of the date created or received, that is:
(A) An accusatory instrument charging a violation or crime;
(B) A record of oral proceedings in a court;
(C) An exhibit offered as evidence in a proceeding; or
(D) A judgment or court order. [2007 c.759 §11; 2017 c.254 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.624 - Powers of director; penalties.

(1) The Director of the Department of Consumer and Business Services may:
(a) Make such public or private investigations within or outside this state as the director deems necessary to determine whether a person has violated any provision of ORS 646A.600 to 646A.628, or to aid in the enforcement of ORS 646A.600 to 646A.628.
(b) Require or permit a person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated.
(c) Administer oaths and affirmations, subpoena witnesses, compel attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director deems relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (2).
(2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court or of any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
(3) If the director has reason to believe that any person has engaged or is engaging in any violation of ORS 646A.600 to 646A.628, the director may issue an order, subject to ORS chapter 183, directed to the person to cease and desist from the violation, or require the person to pay compensation to consumers injured by the violation. The director may order compensation to consumers only upon a finding that enforcement of the rights of the consumers by private civil action would be so burdensome or expensive as to be impractical.
(4)(a) In addition to all other penalties and enforcement provisions provided by law, any person who violates or who procures, aids or abets in the violation of ORS 646A.600 to 646A.628 shall be subject to a penalty of not more than $1,000 for every violation, which shall be paid to the General Fund of the State Treasury.
(b) Every violation is a separate offense and, in the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any occurrence shall not exceed $500,000.
(c) Civil penalties under this section shall be imposed as provided in ORS 183.745. [2007 c.759 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.626 - Rules.

In accordance with ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules for the purpose of carrying out the provisions of ORS 646A.600 to 646A.628. [2007 c.759 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.628 - Allocation of moneys.

Notwithstanding ORS 705.145 (2), (3) and (5), the Director of the Department of Consumer and Business Services can allocate as deemed appropriate the moneys derived pursuant to ORS 86A.095 to 86A.198, 86A.990, 86A.992, 650.005 to 650.100, 697.005 to 697.095, 697.602 to 697.842, 705.350 and 717.200 to 717.320 and 731.804 and ORS chapters 59, 645, 706 to 716, 723, 725 and 726 to implement ORS 646A.600 to 646A.628. [2007 c.759 §15; 2009 c.541 §23; 2009 c.604 §24]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.640 - Definitions.

As used in ORS 646A.640 to 646A.673:
(1) "Applicant" means a person that applies for a license to engage in business as a debt buyer in this state.
(2) "Controller" means:
(a) A director, officer or general partner of a business entity;
(b) A managing member of a limited liability company;
(c) A person that has a direct or indirect right to vote 10 percent or more of the securities of a business entity that have voting rights or the power to sell or cause the sale of 10 percent or more of any class of a business entity’s securities;
(d) A person that has contributed 10 percent or more to a partnership’s capital or has the right to receive a distribution of 10 percent or more of a partnership’s capital or assets upon dissolution; or
(e) A person that, under the terms of a contract or because the person has an ownership interest in another person, has the power to manage or set policies for the other person, or otherwise direct the other person’s operations or affairs.
(3) "Debt buyer" has the meaning given that term in ORS 646.639.
(4) "Debt buying" means conducting business as a debt buyer or conducting business activities that are subject to regulation under ORS 646.639 (4), 646A.640 to 646A.673 and 646A.670.
(5) "Debtor" has the meaning given that term in ORS 646.639.
(6) "Legal action" has the meaning given that term in ORS 646.639.
(7) "Licensee" means a person that has applied for and obtained a license from the Department of Consumer and Business Services to engage in business as a debt buyer in this state.
(8) "Nationwide Multistate Licensing System" has the meaning given that term in ORS 697.500. [2017 c.625 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.643 - License requirement to engage in debt buying; exemptions.

(1) Except as provided in subsection (2) of this section, a person may not engage in debt buying in this state unless the person obtains or renews a license under ORS 646A.646.
(2)(a) A person need not obtain or renew a license under subsection (1) of this section if the person is:
(A) A financial institution, as defined in ORS 706.008;
(B) A mortgage banker or a mortgage broker, both terms as defined in ORS 86A.100;
(C) A person that has a license the Director of the Department of Consumer and Business Services issued under ORS 725.140;
(D) A company that the director has authorized to transact trust business in this state under ORS 709.005;
(E) A debt management service provider, as defined in ORS 697.602;
(F) An attorney who is authorized to practice law in this state, if the attorney engages in debt buying only incidentally in the practice of law; or
(G) A person that the director exempts from the requirement by rule or order after determining that the public interest does not require the person to obtain a license.
(b) This subsection does not exempt a person from the requirement set forth in subsection (1) of this section if the person engages in business or conducts an activity outside the scope of the person’s license, registration or authorization to transact business in this state. [2017 c.625 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.649 - Licensee’s principal place of business and registered agent; assumed business name; display of license; rules.

(1) A licensee shall designate and maintain a principal place of business at or from which the licensee engages in debt buying in this state and a registered agent in this state.
(2)(a) If a licensee does not maintain a principal place of business in this state, the licensee shall nevertheless designate a registered agent in this state. The registered agent must be available to receive on the licensee’s behalf any notice, demand or service of process permitted by law to be given, made or delivered to, or served upon, the licensee.
(b) If the licensee does not designate a registered agent in this state, or if the licensee’s registered agent cannot with reasonable diligence be located, the Director of the Department of Consumer and Business Services is the licensee’s registered agent.
(3) A licensee may not use or operate under an assumed business name unless the licensee first registers the assumed business name under ORS chapter 648 and lists the name on an application under ORS 646A.646 or in a notice to the director under ORS 646A.652.
(4)(a) A licensee shall clearly display the unique identifying number or designation described in ORS 646A.646 (5) in each business location the licensee maintains in accordance with subsection (1) of this section and in any solicitation, advertisement, promotional material, website or other communication the licensee uses in the licensee’s business.
(b) The director by rule may specify for the display required under paragraph (a) of this subsection:
(A) A text size or range of text sizes;
(B) A location;
(C) Materials on which the display must appear; or
(D) Other characteristics of the display. [2017 c.625 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.652 - Required notices.

(1)(a) A licensee shall notify the Director of the Department of Consumer and Business Services in writing at least 30 days before the licensee relocates or closes the licensee’s principal place of business in this state.
(b) In a notice under paragraph (a) of this subsection the licensee shall list the new address to which the licensee relocates the licensee’s principal place of business.
(2)(a) A licensee shall notify the director in writing not later than 30 days after:
(A) Any appointment, resignation or other change occurs in the licensee’s directors, members, officers, managers, partners or controllers; or
(B) Any material change occurs in the information that the licensee submitted in an application under ORS 646A.646.
(b) The licensee shall provide in a notice under paragraph (a)(A) of this subsection the name, address and title of any new director, member, officer, manager, partner or controller the licensee appoints.
(3)(a) A licensee shall notify the director in writing not later than 10 days after:
(A) Filing for bankruptcy or reorganization;
(B) A director, member, officer, manager, partner, controller or registered agent of the licensee becomes subject to an indictment that is related in any manner to the licensee’s activities;
(C) The licensee receives notice of a final order issued in this or another state that:
(i) Demands that the licensee cease and desist from any act;
(ii) Suspends or revokes a license or registration; or
(iii) Constitutes any other formal or informal regulatory action against the licensee in this or another state in which the governing body found that the licensee or a director, member, officer, manager, partner or controller of the licensee violated an applicable law, regulation, rule or order;
(D) The licensee registers or changes and uses or operates under an assumed business name; or
(E) Another change in the licensee’s operations or governance occurs in a manner or with an effect that the director determines by rule is significant enough to warrant the licensee notifying the director.
(b) A licensee shall specify in a notice under paragraph (a)(C) of this subsection the reasons for taking a regulatory action against the licensee that are set forth in any final order.
(4) A licensee shall notify the director immediately if the licensee changes registered agents or if the name or address for the licensee’s registered agent in this state changes. In the notice, the licensee shall update the name and address for the registered agent. [2017 c.625 §7]