reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0025 - Mobile Home Consignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose: The purpose of this rule is to declare as unfair or deceptive in trade
			 or commerce the practice of selling mobile homes on consignment without
			 complying with this rule.
(2)
			 Authority: This rule is adopted pursuant to ORS Chapter 183 on authority
			 granted to the Attorney General by
			 646.608(1)(u) and
			 (4).
(3) Effective Date: This rule applies to
			 consignment sales agreements entered into on or after January 1,
			 1980.
(4) Definitions: For purposes
			 of this rule:
(a) The definitions of terms
			 set forth in ORS 646.605 are
			 applicable;
(b) "Mobile Home
			 Dealer" means a person who regularly engages in the sale of mobile homes as
			 defined by this rule;
(c) "Mobile
			 Home" means a non-self propelled structure, transportable in one or more
			 sections, which is designed to be used as a permanent family
			 dwelling;
(d) "Consignment Seller"
			 means the owner of a mobile home who enlists the assistance of a mobile home
			 dealer to offer his or her mobile home for sale to a third party and where the
			 mobile home dealer receives consideration for such assistance. For purposes of
			 this rule, it does not matter that the mobile home dealer does not take
			 possession of the mobile home;
(e)
			 "Minimum Net Agreement" means an agreement characterized by an arrangement in
			 which a consignment seller agrees to accept a fixed dollar amount as his or her
			 share of the proceeds regardless of the total sale price of the unit
			 sold.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0030 - Updating

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: It is
			 the purpose of this rule to define as an unfair trade practice the failure to
			 disclose the year in which a motor vehicle or motor vehicle chassis was
			 actually manufactured.
(2)
			 Authority: This rule is adopted pursuant to ORS Chapter 183 on authority
			 granted to the Attorney General by
			 646.608(1)(s) and
			 (4).
(3) Definitions: For purposes of these rules:
(a) "Person" is defined in ORS
			 646.605(4);
(b) "Motor Vehicle" means a self-propelled
			 vehicle intended for use upon public highways which is or may be used or bought
			 primarily for personal, family, or household purposes. For purposes of this
			 rule, the term "motor vehicle" includes mobile homes, motor homes and
			 recreational vehicles, but does not include automobiles and
			 motorcycles;
(c) "Motor Vehicle
			 Chassis" means the frame assembly, power plant, and all other appurtenances
			 necessary to make a motor vehicle self-propelled.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0040 - Adoption of FTC Used Car Rule, Federal Truth-in-Lending Act, and Federal Consumer Leasing Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, the following definitions shall apply:
(a) "Truth-in-Lending Act" means the Federal
			 Truth-in-Lending Act, as amended and in effect as of January 2, 2008, including
			 15 U.S.C.
			 1601 -
			 1665(a),
			 and any regulations which have been adopted thereto and in effect as of January
			 2, 2008, including but not limited to Regulation Z (  12 CFR 226);
(b) "Federal Consumer Leasing Law" means the
			 consumer leasing portions of the Truth-in-Lending Act, 15 USC ¦1667 et
			 seq., as amended and in effect as of January 2, 2008 and all regulations which
			 implement this section including but not limited to Regulation M (  12 CFR 213
			);
(c) "FTC Used Car Rule" means
			 the Federal Trade Commission Used Motor Vehicle Trade Regulation Rule, 16 CFR
			 ¦ 455 et seq., as amended and in effect as of January 2, 2008;
(d) "Person" refers to those individuals and
			 entities as defined in ORS
			 646.605(4);
(e) "Real Estate, Goods or Services" refers
			 to those items defined in ORS
			 646.605(7);
(f) "Consummation" means the time at which a
			 consumer becomes contractually obligated on a credit transaction. The time the
			 obligation arises is a matter determined under state law; and
(g) The definitions set forth in OAR
			 137-020-0020.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0050 - Motor Vehicle Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule, the definitions specified in OAR 137-020-0020  shall
			 apply.
(2) Violations: It is
			 unfair or deceptive in trade or commerce for any person to advertise motor
			 vehicles if:
(a) Trade-in Value - The
			 advertisement for the sale or lease of a motor vehicle claims that a seller
			 will value property being offered in exchange for payment toward the motor
			 vehicle: at a specific amount; within a range of specified amounts; at a
			 guaranteed minimum amount; or as a multiple of or an increase in trade-in
			 allowance, unless the advertisement:
(A)
			 References a value cited in a motor vehicle price guide trade publication that
			 is: nationally recognized and distributed; not published by the seller; and is
			 readily accessible by the public;
(B) Clearly and conspicuously discloses the
			 name of the trade publication being referenced;
(C) Clearly and conspicuously includes the
			 following disclaimer: "THE VALUE OF USED MOTOR VEHICLES VARIES WITH MILEAGE,
			 USAGE, INCLUDED ACCESSORIES AND CONDITION. BOOK VALUES SHOULD BE CONSIDERED
			 ESTIMATES ONLY." and
(D) References
			 the value cited for the geographic region in which the motor vehicle is being
			 offered for sale, if the publisher of the trade publication publishes and
			 distributes separate issues for specific geographic
			 regions.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0100 - Plain Language

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions:
			 For purposes of this rule:
(a) "Department" is
			 defined as Oregon Department of Justice;
(b) "Consumer Contract" is defined in ORS
			 180.540(3) and
			 does not include contracts which state agencies other than the Department may
			 review under 180.540(2);
(c) "Reasonable Fees" includes the prevailing
			 billing rate which the Department has established in OAR
			 137-008-0010.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0160 - Sales Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A retailer
			 may not limit the price advertised for a particular grade of motor vehicle fuel
			 to a customer purchasing or receiving goods or services in addition to the
			 motor vehicle fuel except for full services. For purposes of this rule, a
			 customer does not include customers who purchase ODOT diesel.
(2) The location at which any grade of motor
			 vehicle fuel is dispensed or at which any condition is applicable will not be
			 changed except for a bona fide reason and will not be changed within 60 days of
			 another change except for an emergency or legal necessity.
(3) Violation of OAR 137-020-0150  and this
			 rule is a violation of the Unlawful Trade Practices Act, ORS
			 646.608(1)(u).
Stat. Auth.: ORS 646
Stats. Implemented: ORS
				  646.608(1)(u)
				  & 1985 c.751 (2)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 137-020-0200  through 137-020-0203:
(1) "Telephonic Seller" applies to all
			 persons required to register with the Oregon Department of Justice pursuant to
			 ORS 646.551 through
			 646.565.
(2) "Doing Business in This State" means
			 making telephonic solicitations of prospective purchasers from locations in
			 this state or making telephonic solicitations of prospective purchasers who are
			 located in this state.
(3)
			 "Department" means Department of Justice.
(4) "Item" means any goods and services and
			 includes coupon books which are to be used with businesses other than the
			 seller's business.
(5) "Owner"
			 means a person who owns or controls ten percent or more of the net income of a
			 telephonic seller.
(6) "Person"
			 includes an individual firm, association, corporation, partnership, joint
			 venture, or any other business entity.
(7) "Principal" means an owner, an executive
			 officer of a corporation, a general partner of a partnership, a sole proprietor
			 of a sole proprietorship, a trustee of a trust, or any other individual with
			 similar supervisory functions with respect to any person.
(8) "Purchaser" or "Prospective Purchaser"
			 means a person who is solicited to become or does become obligated to a
			 telephonic seller.
(9)
			 "Salesperson" means any individual employed, appointed or authorized by a
			 telephonic seller, whether referred to by the telephonic seller as an agent,
			 representative, or independent contractor, who attempts to solicit or solicits
			 a sale on behalf of the telephonic seller. The principals of a seller are
			 themselves salespersons if they solicit sales on behalf of the telephonic
			 seller.
(10) "Newspaper of General
			 Circulation" is a newspaper published for the dissemination of local or
			 telegraphic news and intelligence of a general character, and which has been
			 established, printed and published at regular intervals in the state, county,
			 or city where publication, notice by publication, or official advertising is to
			 be given or made for at least one year preceding the date of the publication,
			 notice or advertisement.
Stat. Auth.: ORS 646
Stats. Implemented: ORS
				  646.551
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0203 - Information to Be Provided Each Prospective Purchaser

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to complying with the requirements of OAR
				137-020-0202, as applicable, each telephonic seller, shall, at the time the
				solicitation is made and prior to consummation of any sales transaction,
				provide all of the following information to each prospective purchaser:
(1) If the telephonic seller represents or
			 implies that a prospective purchaser will receive, without charge therefor,
			 certain specific items or one item from among designated items, whether the
			 items are denominated as gifts, premiums, bonuses, prizes, or otherwise, the
			 seller shall provide the following:
(a) The
			 information required to be filed by OAR 137-020-0202(14)(d)(A) and (B), and
			 (e);
(b) The complete street
			 address of the location from which the salesperson is calling the prospective
			 purchaser and, if different, the complete street address of the telephonic
			 seller's principal location;
(c)
			 The total number of individuals who have actually received from the telephonic
			 seller, during the preceding months (or if the seller has not been in business
			 that long, during the period the telephonic seller has been in business), the
			 item having the greatest value and the item with the smallest odds of being
			 received.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0204 - Refusal to Issue or Renew Registration; Revocation or Suspension of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may refuse to issue or renew a registration to a telephonic seller
			 or may revoke or suspend the registration of a telephonic seller upon a finding
			 of any of the causes listed in ORS
			 646.553(6).
			 Opportunity for a hearing shall be afforded as provided in ORS
			 183.310 to
			 183.550.
(2) Except as otherwise specifically provided
			 herein, the requirements of OAR 137-003-0001  to 137-003-0092  shall apply to all
			 hearings held pursuant to this rule.
(3) The Department shall send a notice to the
			 telephonic seller and their authorized representative by certified mail of the
			 Department's intent to refuse to issue or renew a registration or to revoke or
			 suspend a registration. The notice to the telephonic seller shall be sent to
			 the principal business location of the telephonic seller, as shown on the
			 filing information provided under ORS 137-020-0202.
(4) In addition to the notice requirements
			 under OAR 137-003-0001, the notice provided under section (3) of this rule
			 shall include a statement that an answer to the Department's assertions or
			 charges will be required, and listing the consequences of failure to answer. A
			 statement of the consequences of failure to answer may be satisfied by
			 enclosing a copy of section (6) of this rule with the notice.
(5) A hearing request and answer shall be
			 made in writing to the Department by the telephonic seller or their authorized
			 representative. Except as otherwise provided by sections (7) and (8) of this
			 rule, a hearing request and answer must be received within 21 calendar days
			 from the date the notice to the applicant was mailed by the Department to be
			 considered timely.
(6) An answer
			 shall include the following:
(a) An admission
			 or denial of each factual matter alleged in the Department's notice;
(b) A short and plain statement of each
			 relevant affirmative defense the telephonic seller may have;
(c) A short and plain statement of each legal
			 issue the telephonic seller may have;
(d) Except for good cause:
(A) Factual matters alleged in the notice and
			 not denied in the answer shall be presumed admitted;
(B) Failure to raise a particular defense or
			 legal issue in the answer shall be considered a waiver of such defense or legal
			 issue;
(C) New matters alleged in
			 the answer that were not alleged in the notice (affirmative defenses) shall be
			 presumed to be denied by the Department; and
(D) Evidence shall not be taken on any issue
			 not raised in the notice and answer.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0205 - Refusal to Issue or Renew Registration; Revocation or Suspension of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may refuse to issue or renew a registration to a telephonic seller
			 or may revoke or suspend the registration of a telephonic seller upon a finding
			 of any of the causes listed in ORS
			 646.553(6).
			 Opportunity for a hearing shall be afforded as provided in ORS
			 183.310 to
			 183.550.
(2) Except as otherwise specifically provided
			 herein, the requirements of OAR 137-003-0001  to 137-003-0092  shall apply to all
			 hearings held pursuant to this rule.
(3) The Department shall send a notice to the
			 telephonic seller and their authorized representative by certified mail of the
			 Department's intent to refuse to issue or renew a registration or to revoke or
			 suspend a registration. The notice to the telephonic seller shall be sent to
			 the principal business location of the telephonic seller, as shown on the
			 filing information provided under ORS 137-020-0202.
(4) In addition to the notice requirements
			 under OAR 137-003-0001, the notice provided under section (3) of this rule
			 shall include a statement that an answer to the Department's assertions or
			 charges will be required, and listing the consequences of failure to answer. A
			 statement of the consequences of failure to answer may be satisfied by
			 enclosing a copy of section (6) of this rule with the notice.
(5) A hearing request and answer shall be
			 made in writing to the Department by the telephonic seller or their authorized
			 representative. Except as otherwise provided by sections (7) and (8) of this
			 rule, a hearing request and answer must be received within 60 calendar days
			 from the date the notice to the applicant was mailed by the Department to be
			 considered timely.
(6) An answer
			 shall include the following:
(a) An admission
			 or denial of each factual matter alleged in the Department's notice;
(b) A short and plain statement of each
			 relevant affirmative defense the telephonic seller may have;
(c) A short and plain statement of each legal
			 issue the telephonic seller may have;
(d) Except for good cause:
(A) Factual matters alleged in the notice and
			 not denied in the answer shall be presumed admitted;
(B) Failure to raise a particular defense or
			 legal issue in the answer shall be considered a waiver of such defense or legal
			 issue;
(C) New matters alleged in
			 the answer that were not alleged in the notice (affirmative defenses) shall be
			 presumed to be denied by the Department; and
(D) Evidence shall not be taken on any issue
			 not raised in the notice and answer.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0261 - Novel-Infectious-Coronavirus-Related Representations Regarding Health Benefits of Goods

Current through Register Vol. 63, No. 7, July 1, 2024
It is unfair and deceptive for an advertiser or seller to
				represent that a good that is or may be obtained primarily for personal, family
				or household purposes will prevent, treat, diagnose, mitigate, or cure
				coronavirus, COVID-19 or a related condition, without first having competent
				and reliable scientific evidence upon which to base a reasonable belief in the
				truth of the representation. It is the intent of the rule that in construing
				the meaning of the term "competent and reliable scientific evidence," the
				courts may be guided by decisions of federal courts and final orders of the
				Federal Trade Commission. It is also presumed that any specific good with
				approval or emergency use authorization by the United States Food and Drug
				Administration has competent and reliable scientific evidence upon which to
				base a reasonable belief in the truth of the representation.
Statutory/Other Authority: ORS
				  646.608(1)(u)
				  & ORS
				  646.608(4)
Statutes/Other Implemented: ORS
				  646.608(1)(u)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0300 - Unordered Real Estate, Goods, or Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR 137-020-0300:
(a) "Goods" includes real estate and
			 services;
(b) "Mistake" means
			 unintentionally providing or sending goods to consumers;
(c) "Person" includes individual,
			 corporation, partnership, association or any other legal entity;
(d) "Real Estate, Goods or Services" has the
			 same meaning as ORS 646.605(7);
(e) "Send" includes delivery, mail, provide,
			 or caused to be delivered, mailed or provided;
(f) "Unordered Goods" means any real estate,
			 goods or services which are sent without prior expressed request or consent
			 from the person receiving the goods;
(g) "Unordered Goods" do not include:
(A) Goods sent or services performed by
			 mistake;
(B) A gift given free of
			 charge to a consumer;
(C) Additions
			 to existing services or levels of services already provided to consumers for
			 which there is no separate and specific charge for such additions;
(D) Restructuring, after notice pursuant to
			 section (2) of this rule of existing goods or services or levels of services
			 already provided, where the restructuring does not result in a substantial
			 change in goods or services;
(E)
			 Goods sent pursuant to an agreement that is in compliance with
16 CFR
			 § 425
.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0420 - Rules of Unique Application to Contests

Current through Register Vol. 63, No. 7, July 1, 2024
It is unfair or deceptive in trade or commerce for a sponsor to
				advertise or solicit any person to participate in any contest which requires a
				person to pay money or make a donation or creates the impression in a
				reasonable person that a payment of anything of value, purchase of anything, or
				making a donation is a condition of participation in the contest, unless there
				is clear and conspicuous disclosure of:
(1) The maximum number of rounds or levels,
			 if the contest has more than one round or level;
(2) The date the final winner will be
			 determined;
(3) The maximum total
			 cost the final winner will have paid to the sponsor to participate in the
			 contest, and, if the final winner must purchase or pay anything of value to a
			 person other than the sponsor as a condition of eligibility, then that fact
			 must be clearly and conspicuously disclosed;
(4) If the contest involves multiple rounds
			 of increasing difficulty, an example illustrative of the last determinative
			 round or a statement that subsequent rounds will be more difficult;
(5) If the contest is judged by other than
			 the sponsor, the identity of or description of the qualifications of the
			 judges;
(6) The method used in
			 judging; and
(7) The name and
			 address of the sponsor, or the sponsor's agent, consistently stated wherever it
			 is used in a promotion, and:
(a) The name and
			 address of the sponsor, or the sponsor's agent, stated on the envelope used to
			 mail the advertisement or solicitation; or
(b) The name and address of the sponsor, or
			 the sponsor's agent, stated on the entry form.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0430 - Rules of Unique Application to Sweepstakes

Current through Register Vol. 63, No. 7, July 1, 2024
It is unfair or deceptive in trade or commerce for a sponsor to
				advertise or solicit any sweepstakes unless there is a clear and conspicuous
				disclosure of:
(1) The statement of
			 odds of winning in arabic numerals; provided that if the odds of winning depend
			 on the number of entries received, a statement to that effect will be deemed
			 sufficient;
(2) The name and
			 address of the sponsor, or the sponsor's agent, consistently stated wherever it
			 is used in a promotion, and:
(a) The name and
			 address of the sponsor, or the sponsor's agent, stated on the envelope used to
			 mail the advertisement or solicitation; or
(b) The name and address of the sponsor, or
			 the sponsor's agent, stated on the entry form or on the heading to the
			 solicitation; and
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0440 - Prohibitions Applicable to All Promotions (Including Schemes, Sweepstakes, and Contest)

Current through Register Vol. 63, No. 7, July 1, 2024
It is unfair or deceptive in trade or commerce for a sponsor to
				advertise or solicit for a promotion if the sponsor:
(1) Misleads a person as to the source of the
			 promotion. This prohibition includes but is not limited to a promotion which
			 indicates or implies that the promotion originates from a government agency,
			 public utility, insurance company, consumer reporting agency, debt collector,
			 law firm, or common carrier, unless such is the case;
(2) Misleads a person to believe the number
			 of persons eligible for the prize, contest, or next level of the contest is
			 limited, or that a person has been selected to receive a particular prize,
			 unless such is the case;
(3)
			 Represents that a person has been declared a finalist, is in first place, or is
			 otherwise in a limited group of persons with an enhanced likelihood of winning
			 or receiving a prize, from which a single winner or select group of winners
			 will receive a prize, when more than 25% of those receiving the notice have the
			 same chance of winning;
(4)
			 Represents directly or by implication that a person will have an increased
			 chance of receiving a prize by making multiple or duplicate purchases, payments
			 or donations, or by entering more than once, unless such is the case;
(5) Misleads a person that the person is
			 being notified a second or final time of the opportunity to receive or compete
			 for a prize, unless such is the case;
(6) Requires as a condition of participation
			 in any promotion any person to disclose the person's personal financial
			 data;
(7) Creates the reasonable
			 impression that disclosure of a person's personal financial data is a condition
			 of participating in any promotion;
(8) Makes or solicits any charge or fee that
			 is not clearly and conspicuously disclosed in the initial advertisement or
			 solicitation, as a condition of entering or continuing to participate in that
			 promotion;
(9) Connects or combines
			 prizes from different promotions unless the fact that the same prizes may be
			 offered in various promotions is clearly and conspicuously disclosed and the
			 combination of prizes will not affect the stated odds of winning;
(10) Issues any writing which simulates or
			 resembles:
(a) A negotiable instrument as
			 described in ORS 73.1040(1)
			 unless the writing clearly and conspicuously discloses its true value and
			 purposes and the writing would not mislead a reasonable consumer; or
(b) An invoice unless the invoice seeks
			 payment for goods, property or services which the recipient has previously
			 agreed to receive from the sponsor.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0450 - Requests for Removal from Sweepstakes Promotion Mailing List; Additions to List of Persons to Whom Sweepstakes Promotions May Not Be Mailed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For purposes of this rule:
(a) "Department"
			 means the Oregon Department of Justice.
(b) "Removal request" means a written request
			 to be removed from a sweepstakes promotion mailing list or to be placed on a
			 list of persons to whom sweepstakes promotions may not be mailed.
(c) "Person" means an individual,
			 corporation, trust, partnership, or incorporated or unincorporated
			 association.
(d) "Sweepstakes" has
			 the meaning given in OAR 137-020-0410(j).
(e) "Sweepstakes promotion" means an offer to
			 participate in a sweepstakes.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0460 - Requests for Removal from Sweepstakes Promotion Mailing List; Additions to List of Persons to Whom Sweepstakes Promotions May Not Be Mailed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For purposes of this rule:
(a) "Department"
			 means the Oregon Department of Justice.
(b) "Removal request" means a written request
			 to be removed from a sweepstakes promotion mailing list or to be placed on a
			 list of persons to whom sweepstakes promotions may not be mailed.
(c) "Person" means an individual,
			 corporation, trust, partnership, or incorporated or unincorporated
			 association.
(d) "Sweepstakes" has
			 the meaning given in OAR 137-020-0410(j).
(e) "Sweepstakes promotion" means an offer to
			 participate in a sweepstakes.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0505 - Manufactured Dwelling Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose: The purpose of these rules is to declare as unfair or deceptive in
			 trade or commerce certain practices involving the sale of manufactured
			 dwellings; to set out disclosures that must be included in the manufactured
			 dwelling purchase agreement; and to set out new requirements for disclosure of
			 site improvements in manufactured dwelling park rental agreements.
(2) Authority: These rules are adopted
			 pursuant to ORS Chapter 183 on authority granted by
			 90.516 (2001 OL Ch. 282
			 §5), 646.404 (2001 OL Ch. 969
			 §3), 646.608(1)(u)
			 and 646.608(4).
Stat. Auth.: ORS
				  90.516 (2001 OL ch. 282
				  §5), ORS 180.520(1)(c),
				  ORS 646.404 (2001 OL ch. 969
				  §3), ORS 646.608(1)(u)
				  & ORS 646.608(4)
Stats. Implemented: ORS
				  90.510, ORS
				  90.512- ORS
				  90.518 (2001 OL ch.282), ORS
				  646.400 - ORS
				  646.404 (2001 OL ch. 969), ORS
				  646.608(1)(u),
				  ORS 646.608(1)(yy)
				  & ORS 646.608(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0520 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 137-020-0520  to 137-020-565:
(1) "Base price" means the total retail cost
			 of the following unless separately disclosed as described in OAR 137-020-0550:
(a) The manufactured dwelling as provided by
			 the manufacturer;
(b) Features
			 added by the dealer, if any;
(c)
			 Freight; and
(d) Delivery and
			 installation as stated in the purchase agreement.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0535 - Unfair Trade Practices

Current through Register Vol. 63, No. 7, July 1, 2024
It is unfair or deceptive in trade or commerce for the dealer
				or the landlord of a manufactured dwelling park to:
(1) Require a prospective tenant to purchase
			 a manufactured dwelling from a particular dealer or one of a group of
			 dealers;
(2) Give preference to a
			 prospective tenant who has purchased a manufactured dwelling from a particular
			 dealer; or
(3) Require The buyer to
			 rent a space for a manufactured dwelling in a particular manufactured dwelling
			 park or group of such parks.
Stat. Auth.: ORS
				  180.520(1)(c),
				  ORS 646.608(1)(u)
				  & ORS 646.608(4)
Stats. Implemented: ORS
				  646.608(1)(u)
				  & ORS 646.608(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0550 - Manufactured Dwelling Purchase Agreement; List of Regulating Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purchase
			 agreement used by the manufactured dwelling dealer shall include the base price
			 and a written itemization that clearly and conspicuously discloses the retail
			 prices of the following, if not included in the base price:
(a) Manufactured dwelling options ordered by
			 the buyer;
(b) Alterations and
			 upgrades to the manufactured dwelling made by the dealer or by a third party at
			 the request of the dealer;
(c)
			 Improvements provided by the dealer, or by a third party at the request of the
			 dealer, to the extent known to the dealer at the time of sale. The written
			 itemization of improvements under this paragraph excuses the provider making
			 the improvements from compliance with ORS
			 90.518(1) (2001
			 OL Ch. 282 §4(1));
OFFICIAL COMMENTARY:
The provider of the
				improvements (contractor) may itemize the retail price for each listed
				improvement, or may itemize each improvement and include the total retail price
				for all improvements for which the provider contracts.
(d) Goods and services provided by the
			 dealer, or by a third party at the request of the dealer, that are not
			 otherwise disclosed pursuant to this rule;
(e) The amount of any earnest money paid to
			 or collected by the dealer and the circumstances under which the earnest money
			 may be returned to the buyer;
(f)
			 The separate itemization and amount of each refundable or nonrefundable
			 administrative or processing fee paid to or collected by the dealer and the
			 circumstances under which each of the fees may be refunded to the
			 buyer;
(g) All loan fees and credit
			 report fees paid to or collected by the dealer to obtain financing for the
			 buyer's purchase of the manufactured dwelling and the circumstances under which
			 the fees may be returned to the buyer;
(h) Registration and other charges paid to or
			 collected by the dealer for transferring title to the manufactured dwelling,
			 which may include the payment of county property taxes;
(i) The extended warranty contract or service
			 agreement, if any;
(j) Delivery,
			 installation or site access charges provided by the dealer, or by a third party
			 at the request of the dealer, that are not otherwise disclosed pursuant to this
			 rule, if any; and
(k) If any
			 additional costs are required for the delivery, installation or site access of
			 a manufactured dwelling, the purchase agreement shall contain a notice that the
			 buyer is responsible for the costs.
OFFICIAL COMMENTARY:
In addition to listing the
				base price, the dealer should also include a list of any options, upgrades or
				alterations that are included in the base price.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0565 - Landlord's Written Site Improvement Disclosure Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before a prospective tenant signs a
			 rental agreement for space in a manufactured dwelling park under ORS
			 90.510(4), the
			 landlord must provide the prospective tenant with a written statement that
			 discloses the improvements that the park will require under the rental
			 agreement, pursuant to
			 90.510(5). This
			 statement is called the "site improvement disclosure statement." The site
			 improvement disclosure statement shall be attached as an exhibit to the rental
			 agreement. The statement must be in a form that complies with this rule. The
			 disclosures required by this rule shall be clear and conspicuous, and shall
			 include at least the following:
(a) A notice
			 that the tenant has the right to select the provider (contractor) who will make
			 the improvements;
OFFICIAL COMMENTARY:
The landlord may not impose
				any penalty on a prospective tenant related to the selection of any particular
				provider. However, the landlord may impose reasonable restrictions upon the
				prospective tenant in selecting the provider under ORS
				90.525.
(b) A statement that separately identifies
			 each required improvement and specifies:
(A)
			 The dimensions, major structural materials and finish to be used. The landlord
			 may provide a set of plans or specifications to satisfy this requirement;
OFFICIAL COMMENTARY: For example, the site improvement
				disclosure statement for a certain park requires a "10' x 12' shed." Unless
				otherwise stated, the materials and construction need only comply with state
				and local building and structural codes and zoning standards. If the
				manufactured dwelling park requires other materials or a particular finish, the
				site improvement disclosure statement must so state.
(B) The installation charges imposed by the
			 landlord, if paid to or collected by the landlord. If an installation fee is
			 not disclosed, it is waived by the landlord;
(C) The installation fees imposed by
			 government agencies, if paid to or collected by the landlord. If the landlord
			 does not collect government fees, the landlord shall advise the prospective
			 tenant whether such fees must be paid and identify the governmental agency to
			 which the fees are paid;
(D) The
			 systems development charges to be paid by the tenant, if paid to or collected
			 by the landlord. If the landlord does not collect systems development charges,
			 the landlord shall advise the prospective tenant whether such charges must be
			 paid and identify the governmental agency to which the systems development
			 charges are paid; and
(E) The site
			 preparation requirements and restrictions, including, but not limited to,
			 requirements and restrictions on the use of plants and landscaping;
			 and
(c) Identification
			 of the improvements that belong to the tenant and the improvements that must
			 remain with the manufactured dwelling park.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0600 - Misrepresentation of Notarial Powers; Notice of Notarial Powers and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 section: "Notary public" means any person certified by the State of Oregon to
			 provide notarial services as specified by ORS
			 194.005 to
			 194.200 and
			 194.505 to
			 194.595 who is not a member of
			 the Oregon State Bar and who is not otherwise authorized by federal law to
			 practice, serve as a representative or appear in immigration matters.
(2) It is unfair or deceptive in trade or
			 commerce for a notary public to make an express or implied representation of
			 powers, qualifications, rights or privileges that the notary public does not
			 have, including but not limited to the power to provide advice of any kind on
			 legal or immigration matters.
(3)
			 It is unfair or deceptive in trade or commerce for a notary public to make an
			 express or implied representation that the notary public is a "notario
			 publico," or a "notario," or to advertise notarial services in a language other
			 than English, unless the representation or advertisement clearly and
			 conspicuously includes the following in the language of the representation or
			 advertisement and in English:
(a) A
			 statement, "I am not licensed to practice law in the State of Oregon, and I am
			 not permitted to give legal advice on immigration or other legal matters or
			 accept fees for legal advice"; and
(b) The fees for notarial acts specified
			 under ORS 194.164.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0700 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules implement ORS
				180.095(4) by
				establishing the framework within which the Department of Justice shall
				negotiate contracts with Community Dispute Resolution Programs to carry out a
				pilot program testing the efficiency, effectiveness, and fairness of mediating
				certain disputes between dealers and their customers arising from used motor
				vehicle transactions. Throughout the design, implementation, and evaluation of
				the used motor vehicle mediation pilot program, the Department shall
				periodically consult with dealers, consumers, mediators, and other interested
				persons.
Stat. Auth.: ORS
				  180.095(4)
Stats. Implemented: ORS
				  180.095(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0701 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Community
			 Dispute Resolution Program" or "CDRP" means a program that has been determined
			 eligible for funding under ORS
			 36.155(1)(b)
			 and OAR Chapter 718, Division 20.
(2) "Dealer" means a person licensed by the
			 Oregon Department of Motor Vehicles to sell, trade, lease, display or offer for
			 sale, trade or exchange motor vehicles or to offer to negotiate or purchase
			 motor vehicles on behalf of third parties. "Dealer" does not include a security
			 interest holder as shown by the vehicle title issued by any jurisdiction or any
			 person excluded by ORS
			 822.015(1) to
			 (4) or ORS
			 822.015(6) to
			 (9).
(3) "Department" means the Oregon Department
			 of Justice.
(4) "Mediation" means a
			 voluntary process in which a mediator assists and facilitates two or more
			 parties to a controversy in reaching a mutually acceptable resolution of the
			 controversy.
(5) "Motor vehicle"
			 means any self-propelled vehicle normally obtained for personal, family or
			 household purposes. "Motor vehicle" does not include aircraft.
(6) "Used motor vehicle" means any motor
			 vehicle that has been previously delivered to any person for his or her
			 discretionary use for personal or business purposes and for more than a try-out
			 before a contemplated purchase or preparation for sale.
Stat. Auth.: ORS
				  180.095(4)
Stats. Implemented: ORS
				  180.095(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0702 - Standards and Guidelines for Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No dealer or consumer will be compelled
			 to participate in mediation.
(2)
			 The Department shall select matters that are eligible for the pilot program
			 from complaints submitted to it in writing. The Department may apply the
			 following factors in determining the eligibility of a matter. An allegation is
			 eligible unless, in the Department's sole and unreviewable discretion, the
			 allegation:
(a) Involves a business that is
			 already the object of an ongoing investigation or civil or criminal
			 prosecution; or
(b) Involves a
			 practice that appears to the Department to be criminal and continuing;
			 or
(c) Is another iteration of a
			 pattern of the same conduct exhibited by the same business; or
(d) Involves a business or consumer located
			 at such a distance from a participating CDRP that it would be impractical for
			 the dispute to be mediated by that CDRP; or
(e) Involves conduct by an unlicensed
			 dealer.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0703 - Mediator Qualifications and Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minimum Qualifications and Training.
			 Every mediator assigned by a CDRP to participate in this pilot program shall
			 meet or exceed:
(a) The minimum
			 qualifications and training requirements for mediators in CDRP's established by
			 the Oregon Dispute Resolution Commission in OAR 718-020-0070; and
(b) Any additional qualifications and
			 training requirements established by the participating CDRP.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0704 - Costs of Participation, Collection of Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Neither the dealer nor the consumer shall
			 be required to make any payment to anyone for participation in the pilot
			 program.
(2) The Department may
			 enter into an interagency agreement with the Oregon Dispute Resolution
			 Commission for the collection and analysis of data concerning the efficiency,
			 effectiveness, and fairness of the pilot program.
Stat. Auth.: ORS
				  180.095(4)
Stats. Implemented: ORS
				  180.095(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0705 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules implement ORS
				180.095(4) by
				establishing the framework within which the Department of Justice shall
				negotiate contracts with Community Dispute Resolution Programs to carry out a
				pilot program testing the efficiency, effectiveness, and fairness of mediating
				certain disputes between dealers and their customers arising from used motor
				vehicle transactions. Throughout the design, implementation, and evaluation of
				the used motor vehicle mediation pilot program, the Department shall
				periodically consult with dealers, consumers, mediators, and other interested
				persons.
Stat. Auth.: ORS
				  180.095(4)
Stats. Implemented: ORS
				  180.095(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0707 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Community
			 Dispute Resolution Program" or "CDRP" means a program that has been determined
			 eligible for funding under ORS
			 36.155(1)(b)
			 and OAR Chapter 718, Division 20.
(2) "Dealer" means a person licensed by the
			 Oregon Department of Motor Vehicles to sell, trade, lease, display or offer for
			 sale, trade or exchange motor vehicles or to offer to negotiate or purchase
			 motor vehicles on behalf of third parties. "Dealer" does not include a security
			 interest holder as shown by the vehicle title issued by any jurisdiction or any
			 person excluded by ORS
			 822.015(1) to
			 (4) or ORS
			 822.015(6) to
			 (9).
(3) "Department" means the Oregon Department
			 of Justice.
(4) "Mediation" means a
			 voluntary process in which a mediator assists and facilitates two or more
			 parties to a controversy in reaching a mutually acceptable resolution of the
			 controversy.
(5) "Motor vehicle"
			 means any self-propelled vehicle normally obtained for personal, family or
			 household purposes. "Motor vehicle" does not include aircraft.
(6) "Used motor vehicle" means any motor
			 vehicle that has been previously delivered to any person for his or her
			 discretionary use for personal or business purposes and for more than a try-out
			 before a contemplated purchase or preparation for sale.
Stat. Auth.: ORS
				  180.095(4)
Stats. Implemented: ORS
				  180.095(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0709 - Standards and Guidelines for Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No dealer or consumer will be compelled
			 to participate in mediation.
(2)
			 The Department shall select matters that are eligible for the pilot program
			 from complaints submitted to it in writing. The Department may apply the
			 following factors in determining the eligibility of a matter. An allegation is
			 eligible unless, in the Department's sole and unreviewable discretion, the
			 allegation:
(a) Involves a business that is
			 already the object of an ongoing investigation or civil or criminal
			 prosecution; or
(b) Involves a
			 practice that appears to the Department to be criminal and continuing;
			 or
(c) Is another iteration of a
			 pattern of the same conduct exhibited by the same business; or
(d) Involves a business or consumer located
			 at such a distance from a participating CDRP that it would be impractical for
			 the dispute to be mediated by that CDRP; or
(e) Involves conduct by an unlicensed
			 dealer.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0711 - Mediator Qualifications and Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minimum Qualifications and Training.
			 Every mediator assigned by a CDRP to participate in this pilot program shall
			 meet or exceed:
(a) The minimum
			 qualifications and training requirements for mediators in CDRP's established by
			 the Oregon Dispute Resolution Commission in OAR 718-020-0070; and
(b) Any additional qualifications and
			 training requirements established by the participating CDRP.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0713 - Costs of Participation, Collection of Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Neither the dealer nor the consumer shall
			 be required to make any payment to anyone for participation in the pilot
			 program.
(2) The Department may
			 enter into an interagency agreement with the Oregon Dispute Resolution
			 Commission for the collection and analysis of data concerning the efficiency,
			 effectiveness, and fairness of the pilot program.
Stat. Auth.: ORS
				  180.095(4)
Stats. Implemented: ORS
				  180.095(4)