Chapter 646 — Chapter 646
325 sections in this chapter.
ORS 646.504 [2001 c.767 §§5,9; renumbered 646A.508 in 2007]
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[Repealed or reserved.]
ORS 646.505 [2001 c.767 §6; renumbered 646A.510 in 2007]
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[Repealed or reserved.]
ORS 646.506 [2001 c.767 §7; renumbered 646A.512 in 2007]
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[Repealed or reserved.]
ORS 646.507 [2001 c.767 §10; renumbered 646A.514 in 2007]
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[Repealed or reserved.]
ORS 646.510 [Repealed by 1953 c.391 §2]
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PRODUCERS’ COOPERATIVE BARGAINING ASSOCIATIONS
ORS 646.515 Definitions for ORS 646.515 to 646.545. As used in ORS 646.515 to 646.545, unless the context requires otherwise
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(1) “Agricultural commodity” means any and all agricultural, horticultural, viticultural and vegetable products produced in this state, either in their natural state or as processed by a producer for the purpose of marketing such product, including bees and honey, but not includi…
ORS 646.520 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.525 Cooperative bargaining associations authorized. Producers shall have the right to join voluntarily and belong to cooperative bargaining associations. [1963 c.514 §2]
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[Repealed or reserved.]
ORS 646.530 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.535 Unfair trade practices prohibited; exception. (1) A dealer may not knowingly engage in the following unfair trade practices
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(a) Interfere with, restrain, coerce or boycott a producer in the exercise of the rights guaranteed pursuant to ORS 646.525; (b) Discriminate against a producer with respect to price or other terms of purchase of raw agricultural commodities or Oregon seafood commodities, by reas…
ORS 646.540 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.545 Remedy for unfair trade practices; attorney fees. (1) In addition to any other remedies provided by law, any producer injured by a violation of ORS 646.535 may maintain an action for damages sustained by such producer
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(2) The prevailing party in any action brought pursuant to subsection (1) of this section shall be allowed, in addition to the costs and disbursements otherwise prescribed by law, a reasonable sum for attorney fees at trial and on appeal for the prosecution or defense of such act…
ORS 646.550 [Repealed by 1953 c.391 §2]
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TELEPHONE SOLICITATION (Registration of Telephonic Sellers)
ORS 646.551 Definitions for ORS 646.551 to 646.557. As used in ORS 646.551 to 646.557
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(1)(a) “Business opportunity” means a commercial arrangement in which: (A) A seller solicits a prospective purchaser to enter into a new business or to buy ancillary services within 60 days after entering into a new business; (B) The prospective purchaser makes a payment or agree…
ORS 646.553 Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules. (1) A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to the conduct of such business. A telephonic seller is required to register in the name under which the telephonic seller conducts business. Individual employees of the telephonic seller are not required to register. A telephonic seller is conducting business in this state if telephone solicitations of prospective purchasers are made from locations in this state or solicitation is made of prospective purchasers located in this state
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(2) A registration shall be effective for one year from the date of filing with the Department of Justice. Each application for registration, or renewal thereof, shall be accompanied by a fee of $400. (3) The Department of Justice shall send to each registrant a certificate or ot…
ORS 646.555 Burden of proof for person claiming exemption. In any proceeding to enforce the provisions of ORS 646.551 to 646.565 and 646.608, the burden of proving an exemption or exception is upon the person claiming it. [1989 c.622 §4]
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[Repealed or reserved.]
ORS 646.557 Required disclosures by telephonic seller. In addition to complying with the requirements of ORS 646.553, each telephonic seller, at the time the solicitation is made and prior to consummation of any sales transaction, shall provide all of the following information to each prospective purchaser
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(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 sh…
ORS 646.559 Rules. In accordance with any applicable provision of ORS chapter 183, the Attorney General may adopt rules to carry out the provisions of ORS 646.551 to 646.557. [1989 c.622 §6]
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[Repealed or reserved.]
ORS 646.560 [Repealed by 1953 c.391 §2]
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(Unlawful Telephone Solicitations)
ORS 646.561 Definitions for ORS 646.561 to 646.565. As used in ORS 646.561 to 646.565
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(1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. (2) “Established business relationship” means a previous transaction or series of transactions between a caller and a party that occurred within the 18 months that pre…
ORS 646.563 Telephone solicitation of party who states desire not to be contacted; prohibited actions. (1) A person engages in an unlawful practice if
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(a) During a telephone solicitation, the called or texted party states a desire not to be called or texted again and the person making the telephone solicitation makes a subsequent telephone solicitation of the called or texted party at that number. (b) The person initiates a tel…
ORS 646.565 Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission. The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 and 646.563. Notification may be by
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(1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [1989 c.622 §10]
ORS 646.567 Definitions for ORS 646.567 to 646.578. As used in ORS 646.567 to 646.578, unless the context otherwise requires
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(1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. (2) “Information about a party” means information specific to a party, including but not limited to the name and address of the party and the method by which the party…
ORS 646.568 Findings and purpose. (1) The Legislative Assembly finds that
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(a) Fraud committed by means of unwanted telephone solicitations causes economic harm to Oregonians and constitutes an invasion of privacy and a threat to the welfare of the people of this state. (b) Unwanted telephone solicitations cause Oregonians harm because: (A) Telephone so…
ORS 646.569 Prohibition of solicitation of party on do-not-call list; liability for assistance or support; exceptions
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(1)(a) A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list: (A) Published by the administrator of the telephone solicitation program established under ORS 646.572 and 646.574; or (B) Maintained as part of the fe…
ORS 646.570 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.571 [1989 c.451 §3; 1999 c.564 §7; renumbered 646.578 in 1999]
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[Repealed or reserved.]
ORS 646.572 Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General. (1) The Attorney General shall either
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(a) Advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in ORS 646.574; or (b) Designate a federal “do not call” registry, including but not limited to the registry maintained by the Federal Trade …
ORS 646.574 List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints. (1) If the Attorney General enters into a contract pursuant to ORS 646.572 (1)(a), the administrator of the telephone solicitation program shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in the contract between the administrator and the Attorney General and at least once each quarter thereafter, the administrator shall update the list by
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(a) Adding the numbers of parties who have filed notice and paid the fee as required in this section; and (b) Removing the numbers of those parties who have requested that their numbers be removed or whose listing has expired without renewal. (2) A party may file notice together …
ORS 646.576 Rules. In the manner provided by ORS chapter 183, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under ORS 646.572 and 646.574. [1999 c.564 §5]
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[Repealed or reserved.]
ORS 646.578 Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission. The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.578 and 646.608. Notification may be by
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(1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [Formerly 646.571]
ORS 646.580 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.590 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.600 [Repealed by 1953 c.391 §2]
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UNLAWFUL TRADE PRACTICES
ORS 646.605 Definitions for ORS 336.184 and 646.605 to 646.652. As used in ORS 336.184 and 646.605 to 646.652
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(1) “Appropriate court” means the circuit court of a county: (a) Where one or more of the defendants reside; (b) Where one or more of the defendants maintain a principal place of business; (c) Where one or more of the defendants are alleged to have committed an act prohibited by …
ORS 646.607 Unlawful business, trade practices. A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person
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(1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obligation. (2) Fails to deliver all or any portion of real estate, goods or services as promised, and at a customer’s request, …
ORS 646.608 Additional unlawful business, trade practices; proof; rules. (1) A person engages in an unlawful practice if in the course of the person’s business, vocation or occupation the person does any of the following
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(a) Passes off real estate, goods or services as the real estate, goods or services of another. (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services. (c) Causes likelihood of confusio…
ORS 646.609 “Pyramid club” and “investment” defined. As used in ORS 646.608 (1)(r), “pyramid club” means a sales device whereby a person, upon condition that the person make an investment, is granted a license or right to solicit or recruit for economic gain one or more additional persons who are also granted such license or right upon condition of making an investment and who may further perpetuate the chain of persons who are granted such license or right upon such condition. “Pyramid club” also includes any such sales device which does not involve the sale or distribution of any real estate, goods or services, including but not limited to a chain letter scheme. A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for such license or right to recruit or solicit or the receipt of economic gain therefrom, does not change the identity of the scheme as a pyramid club. As used herein, “investment” means any acquisition, for a consideration other than personal services, of property, tangible or intangible, and includes without limitation, franchises, business opportunities and services. It does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale. For the purpose of ORS 646.608 (1)(r), any person who organizes or induces or attempts to induce membership in a pyramid club is acting in the course of the person’s business, vocation or occupation. [1973 c.513 §3; 1981 c.379 §1]
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[Repealed or reserved.]
ORS 646.610 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.611 Information required to be given by telephone or door to door seller to potential customer. A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (1)(n) unless the person
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(1) Within 30 seconds after beginning the conversation: (a) Provides identification of both the person and whom the person represents; (b) Explains the purpose of the person’s call; (c) Provides a description in commonly understood terms of the goods or services offered for sale;…
ORS 646.612 Application of ORS 646.607 and 646.608. ORS 646.607 and 646.608 do not apply to
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(1) Conduct in compliance with the orders or rules of, or a statute administered by a federal, state or local governmental agency. (2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, telephone directory or radio or television station in the public…
ORS 646.615 [1965 c.490 §3; 1967 c.144 §1; 1967 c.599 §2; repealed by 1971 c.744 §6 (646.608 enacted in lieu of 646.615)]
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[Repealed or reserved.]
ORS 646.618 Investigative demand; petition to modify. (1) Except as provided in ORS 646.633, when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 or 646.608, the prosecuting attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify, to answer written interrogatories, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, or to do any of the foregoing, concerning conduct of any trade or commerce which is the subject matter of the investigation
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(2) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged materi…
ORS 646.620 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.622 Method of serving investigative demand. Service of an investigative demand under ORS 646.618 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made by any of the following methods
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(1) By personal service outside this state; (2) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended; (3) In the manner provided for service of summons in a…
ORS 646.625 [1965 c.490 §1; repealed by 1971 c.744 §27]
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[Repealed or reserved.]
ORS 646.626 Effect of failure to obey investigative demand. (1) If any person, after being served with an investigative demand under ORS 646.622, fails or refuses to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order
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(a) Granting injunctive relief to restrain the person from engaging in conduct of any aspect of the trade or commerce that is involved in the alleged or suspected violation; or (b) Granting such other relief as may be required, until the person obeys the investigative demand. (2)…
ORS 646.630 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.632 Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees. (1) Except as provided in ORS 646.633, a prosecuting attorney who has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in an unlawful trade practice may bring suit in the name of the State of Oregon in the appropriate court to restrain such person from engaging in the alleged unlawful trade practice
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(2) Except as provided in subsections (5) and (6) of this section, before filing a suit under subsection (1) of this section, the prosecuting attorney shall in writing notify the person charged of the alleged unlawful trade practice and the relief to be sought. Such notice shall …
ORS 646.633 Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services. (1) For purposes of this section, “state regulated lender” means
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(a) A banking institution as defined in ORS 706.008; (b) A credit union as defined in ORS 723.006; (c) A person that is required to be licensed under ORS 725.045; (d) A pawnbroker, as defined in ORS 726.010, that is required to be licensed under ORS chapter 726; (e) A mortgage ba…