Chapter 646 — Chapter 646
325 sections in this chapter.
ORS 646.635 [1965 c.490 §§4, 5; 1967 c.599 §3; repealed by 1971 c.744 §27]
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[Repealed or reserved.]
ORS 646.636 Remedial power of court. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.607 or 646.608, or as may be necessary to ensure cessation of unlawful trade practices. [1971 c.744 §12; 1977 c.195 §8; 2005 c.22 §449]
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[Repealed or reserved.]
ORS 646.638 Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions. (1) Except as provided in subsections (8) and (9) of this section, a person that suffers an ascertainable loss of money or property, real or personal, as a result of another person’s willful use or employment of a method, act or practice declared unlawful under ORS 646.608, may bring an individual action in an appropriate court to recover actual damages or statutory damages of $200, whichever is greater. The court or the jury may award punitive damages and the court may provide any equitable relief the court considers necessary or proper
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(2) A person that brings an action under subsection (1) of this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences and, upon entry of any judgment in the action, shall mail a copy of the judgment to the At…
ORS 646.639 Unlawful collection practices. (1) As used in this section and ORS 646A.670
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(a) “Charged-off debt” means a debt that a creditor treats as a loss or expense and not as an asset. (b) “Consumer” means a natural person who purchases or acquires property, services or credit for personal, family or household purposes. (c) “Consumer transaction” means a transac…
ORS 646.640 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.641 Civil action for unlawful collection practice; damages; attorney fees; time for commencing action. (1) Any person injured as a result of willful use or employment by another person of an unlawful collection practice may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $1,000, whichever is greater. The court or the jury may award punitive damages, and the court may provide such equitable relief as it deems necessary or proper
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(2) In any action brought by a person under this section, the court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff. The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing defendant only if the c…
ORS 646.642 Civil penalties. (1) Any person who willfully violates the terms of an injunction issued under ORS 646.632 shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties
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(2) Any person who willfully violates any provision of an assurance of voluntary compliance approved and filed with an appropriate court under ORS 646.632 shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. Any prosecu…
ORS 646.643 [1991 c.906 §3; repealed by 2024 c.100 §31]
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[Repealed or reserved.]
ORS 646.644 Free offer; required disclosures; limitations on financial obligation incurred by consumer; enforcement; exception. (1) As used in this section
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(a) “Affirmative consent” means a consumer’s agreement to incur a financial obligation as a result of accepting a free offer, or to provide the consumer’s billing information, given or made in the manner specifically identified for the consumer to indicate the consumer’s agreemen…
ORS 646.645 [1965 c.490 §6; repealed by 1971 c.744 §27]
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[Repealed or reserved.]
ORS 646.646 Loss of license or franchise by person violating injunction. Upon petition by the prosecuting attorney, the court may, in its discretion, order the dissolution or suspension or forfeiture of the license or franchise of any person who violates the terms of any injunction issued under ORS 646.632. [1971 c.744 §18]
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[Repealed or reserved.]
ORS 646.647 Unlawful use of recording group name; exceptions. (1) As used in this section
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(a) “Recording group” means a group of vocal or instrumental musicians that has released a commercial sound recording under its name. (b) “Sound recording” has the meaning given that term in ORS 164.864. (2) A person may not use or attempt to use the name of a recording group in …
ORS 646.648 Unlawful practice by manufactured dwelling dealer. (1) As used in this section
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(a) “Buyer” means a person who buys or agrees to buy a manufactured dwelling from a manufactured dwelling dealer. (b) “Cash sale price” means the price for which a manufactured dwelling dealer would sell to a buyer, and the buyer would buy from a dealer, a manufactured dwelling t…
ORS 646.649 [1999 c.400 §§2,3; renumbered 646A.800 in 2013]
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[Repealed or reserved.]
ORS 646.650 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.651 [1999 c.875 §2; renumbered 646A.803 in 2013]
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[Repealed or reserved.]
ORS 646.652 District attorney’s reports to Attorney General; filing of voluntary compliances. A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS 336.184 and 646.605 to 646.652, including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 646.632. [1971 c.744 §19]
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[Repealed or reserved.]
ORS 646.655 [1967 c.599 §5; repealed by 1971 c.744 §27]
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[Repealed or reserved.]
ORS 646.656 Remedies supplementary to existing statutory or common law remedies. The remedies provided in ORS 336.184 and 646.605 to 646.652 are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state. [1971 c.744 §21a]
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[Repealed or reserved.]
ORS 646.660 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.661 [1985 c.694 §1; 2007 c.71 §200; renumbered 646A.030 in 2007]
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[Repealed or reserved.]
ORS 646.666 [1985 c.694 §2; renumbered 646A.032 in 2007]
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[Repealed or reserved.]
ORS 646.670 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.671 [1985 c.694 §3; renumbered 646A.034 in 2007]
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[Repealed or reserved.]
ORS 646.676 [1985 c.694 §5; renumbered 646A.036 in 2007]
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[Repealed or reserved.]
ORS 646.680 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.681 [1985 c.694 §4; renumbered 646A.038 in 2007]
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[Repealed or reserved.]
ORS 646.686 [1985 c.694 §6; 2007 c.71 §201; renumbered 646A.040 in 2007]
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[Repealed or reserved.]
ORS 646.690 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.691 [1985 c.694 §7; 2007 c.71 §202; renumbered 646A.042 in 2007]
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[Repealed or reserved.]
ORS 646.700 [Repealed by 1953 c.391 §2]
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ANTITRUST LAW
ORS 646.705 Definitions for ORS 136.617 and 646.705 to 646.805. (1) As used in ORS 646.705 to 646.805
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(a) “Public body” has the meaning given that term in ORS 174.109. (b) “Trade or commerce” means trade or commerce within this state or between this state and any state, territory, or foreign nation. (2) As used in ORS 646.775, “natural persons” does not include proprietorships, p…
ORS 646.710 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.715 Declaration of purpose. (1) The Legislative Assembly deems it to be necessary and the purpose of ORS 646.705 to 646.805 and 646.990 is to encourage free and open competition in the interest of the general welfare and economy of the state, by preventing monopolistic and unfair practices, combination and conspiracies in restraint of trade and commerce, and for that purpose to provide means to enjoin such practices and provide remedies for those injured by them
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(2) Without limiting the scope of ORS 646.705 to 646.805 and 646.990, it is the legislative purpose that it apply to intrastate trade or commerce, and to interstate trade or commerce involving an actual or threatened injury to a person or property located in this state. The decis…
ORS 646.720 [Repealed by 1953 c.391 §2]
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[Repealed or reserved.]
ORS 646.725 Prohibited acts. Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal. [1975 c.255 §4]
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[Repealed or reserved.]
ORS 646.730 Monopolies prohibited. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of trade or commerce, shall be in violation of ORS 136.617, 646.705 to 646.805 and 646.990. [1975 c.255 §5]
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[Repealed or reserved.]
ORS 646.735 Exemption for coordinated care organizations; state action immunity; permitted activities. (1) The Legislative Assembly declares that collaboration among public payers, private health carriers, third party purchasers and providers to identify appropriate service delivery systems and reimbursement methods to align incentives in support of integrated and coordinated health care delivery is in the best interest of the public. The Legislative Assembly therefore declares its intent to exempt from state antitrust laws, and to provide immunity from federal antitrust laws through the state action doctrine, coordinated care organizations that might otherwise be constrained by such laws
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(2) The Director of the Oregon Health Authority or the director’s designee shall engage in appropriate state supervision necessary to promote state action immunity under state and federal antitrust laws, and may inspect or request additional documentation to verify that the Orego…
ORS 646.736 Public policy; certain cooperative activities not unlawful. (1) It is the public policy of the State of Oregon to encourage the efficient production and distribution of agricultural, seafood and other products derived from natural resources or labor resources of this state. Accordingly, a cooperative that operates in compliance with the provisions of ORS chapter 62 and that does not during its fiscal year market products for nonmember patrons in an amount greater in value than the products marketed for its members may not be deemed to be a conspiracy or combination in restraint of trade, or an illegal monopoly; nor shall the contracts of such cooperative authorized by ORS chapter 62, whether or not required by the cooperative as a condition of membership or of doing business with the cooperative, be construed as an unlawful restraint of trade, or as part of a conspiracy or combination to accomplish an improper or illegal purpose or act
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(2) A negotiating committee of dealers, as defined in ORS 646.515 (3), that operates in compliance with the provisions of ORS 646.737, 646.738 or 646.739 may not be deemed to be engaged in unlawful restraint of trade or to be participants in a conspiracy or combination to accompl…
ORS 646.737 Exemption for negotiations governing sale price of Oregon blackberries; supervision by Director of Agriculture; rules; fees. (1) As used in this section
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(a) “Blackberry” means a bramble of the genus Rubus identified by State Department of Agriculture rule as a blackberry. (b) “Blackberry regulatory program” means the state regulatory program described in subsection (2) of this section that is actively supervised by the Director o…
ORS 646.738 Exemption for negotiations governing price for sale of grass seed; supervision by Director of Agriculture; rules; fees. (1) As used in this section
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(a) “Parties” or “party” means seed producers, seed associations, seed cooperatives or seed dealers that participate in a state regulatory program described in subsection (2) of this section. (b) “Regulatory program” means a state regulatory program described in subsection (2) of…
ORS 646.739 Exemption for negotiations governing season starting price for sale of Oregon seafood; supervision by Director of Agriculture; rules; fees. (1) As used in this section
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(a) “Dealer” has the meaning given that term in ORS 646.515. (b) “Parties” or “party” means Oregon seafood harvesters, Oregon seafood harvester associations, Oregon seafood harvester cooperatives or dealers that are participants in the state regulatory program described in subsec…
ORS 646.740 Permitted activities. The provisions of ORS 136.617, 646.705 to 646.805 and 646.990 may not be construed to make the following illegal
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(1) The activities of any labor organization or individual working men and women permitted by ORS chapters 661 to 663. (2) The right of producers, as defined in ORS 646.515, and commercial fishermen to join, belong to and act through cooperative bargaining associations under ORS …
ORS 646.745 Joint operation of Memorial Coliseum and Arena in Portland; definitions; legislative findings and goals; state supervision. (1) As used in this section
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(a) “Affiliate” means an individual, or a corporation or other entity controlling, controlled by or under common control with the owner or operator of the arena. For purposes of this subsection, the term “control” means ownership of more than 50 percent of the shares or other own…
ORS 646.750 Investigative demand by Attorney General; petition to modify. (1) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.725 or 646.730, the Attorney General may execute in writing and cause to be served an investigative demand upon any person who is believed to have documentary material or information relevant to the alleged or suspected violation. The investigative demand shall require such person to produce relevant documentary material for examination and copying or reproduction, to answer in writing written interrogatories, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers or testimony under penalty of perjury, at such reasonable time and place as may be stated in the investigative demand
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(2) At any time before the return day specified in the investigative demand, or within 20 days after the demand has been served whichever time is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the appropria…
ORS 646.760 Civil penalties; attorney fees; mitigation. (1) The Attorney General may prosecute an action for appropriate injunctive relief and civil penalties in the name of the state for any violation of ORS 646.705 to 646.805. The court may assess for the benefit of the state a civil penalty of not more than $1 million for each violation of ORS 646.705 to 646.805. A court may find that any act or series of acts by an officer, partner or agent of a business entity on behalf of the business entity constitutes a violation or violations by the individual person as well as the business entity. The court may impose separate penalties against each individual as well as the business entity for each violation. The court may award reasonable attorney fees, expert fees and costs of investigation to the Attorney General if the Attorney General prevails in an action under this section. The court may award reasonable attorney fees, expert fees and costs of investigation to a defendant who prevails in an action under this section if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court
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(2) The Attorney General’s complaint may also seek, and the court may order, in an appropriate case, the forfeiture of any corporate franchise, business entity registration, professional or business license or right to do business or to use an assumed business name if the court f…
ORS 646.770 Equitable remedies; attorney fees. (1) Any person, including the state or a public body, threatened with injury to the person’s business or property from a violation of ORS 646.725 or 646.730 may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necessary reasonable investigative costs and reasonable expert fees
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(2) Except as provided in subsection (3) of this section, in an action that a person, other than the state or a public body, brings under the provisions of this section, the court may award reasonable attorney fees to the prevailing party. Except as provided in subsection (3) of …
ORS 646.775 Actions by Attorney General; damages; attorney fees. (1)(a) The Attorney General may bring a civil action in the name of the State of Oregon, on behalf of a public body or as parens patriae on behalf of a natural person for injury that the natural person or the state or the public body sustained to the natural person’s, the state’s or the public body’s property by reason of a violation of ORS 646.725 or 646.730. In the action, the Attorney General may seek
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(A) Equitable relief, including disgorgement of any gains; (B) Injunctive relief; and (C) Monetary relief. (b) The Attorney General may bring an action under this subsection regardless of whether the natural person, the state or the public body dealt directly or indirectly with t…
ORS 646.780 Recovery of treble damages; exception; recovery of fees and costs; action under federal law as bar; action parens patriae by Attorney General. (1)(a) A person, the state or a public body may bring an action for an injury to the person’s, the state’s or the public body’s business or property from a violation of ORS 646.705 to 646.805 and, upon prevailing in the action, shall recover three times the damages the person, the state or the public body sustained. An action authorized by this paragraph may be brought regardless of whether the plaintiff dealt directly or indirectly with the adverse party
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(b) Notwithstanding paragraph (a) of this subsection, if the state brings an action under ORS 646.760, the state may recover only the state’s actual damages sustained and any attorney fees, expert fees or investigative costs that the court may award under subsection (3) of this s…
ORS 646.790 [1975 c.255 §7; repealed by 2023 c.103 §8]
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[Repealed or reserved.]