Title 50, Trade Regulations and Practices

Upon proof being made, in any suit or other proceeding in which any violation of ORS 646.010 to 646.180 is at issue, that there has been discrimination in price, or in services or facilities furnished, or in payment for services or facilities rendered or to be rendered, the burde…

No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connectio…

No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any servic…

No person engaged in commerce or food commerce, or both, in the course of such commerce, shall discriminate in favor of one purchaser against another purchaser or purchasers of a commodity, or service, or output of a service trade, bought for resale, with or without processing, b…

No person engaged in commerce or food commerce, or both, in the course of such commerce, shall knowingly induce or receive a discrimination in price which is prohibited by ORS 646.040 to 646.080.

Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, such cost survey is competent evidence to be used in proving the costs of…

(1) Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 to 646.180 may maintain an action in any court of general equitable jurisdiction of this state, to prevent, restrain or enjoin the violation or threatened violation. I…

If no injunctive relief is sought or required, any person injured by any violation of ORS 646.010 to 646.180 may maintain an action for damages alone in any court of general jurisdiction in this state. The measure of damages in such action shall be the same as that prescribed by …

In any proceedings instituted or action brought in pursuance of the provisions of ORS 646.140 or 646.150, the plaintiff, upon proof that the plaintiff has been unlawfully discriminated against by the defendant, shall conclusively be presumed to have sustained damages equal to the…

Any defendant in an action brought under the provisions of ORS 646.140 to 646.160 may be required to testify under the provisions of ORCP 65 or by deposition. In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evi…

Any contract, express or implied, made by any person in violation of any of the provisions of ORS 646.010 to 646.180 is an illegal contract and no recovery thereon shall be had.

As used in ORS 646.461 to 646.475, unless the context otherwise requires: (1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means. Reverse engineering and indepe…

(1) Actual or threatened misappropriation may be temporarily, preliminarily or permanently enjoined. Upon application to the court, an injunction shall be vacated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of…

(1) A complainant is entitled to recover damages adequate to compensate for misappropriation, unless a material and prejudicial change of position by a defendant prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable. (2) Da…

The court may award reasonable attorney fees to the prevailing party if: (1) A claim of misappropriation is made in bad faith; (2) A motion to terminate an injunction is made or resisted in bad faith; or (3) Willful or malicious misappropriation is found by the court or jury. [19…

In any action brought under ORS 646.461 to 646.475, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the a…

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. [1987 c.5…

(1) Except as provided in subsection (2) of this section, ORS 646.461 to 646.475 supersede conflicting tort, restitution or other law of Oregon providing civil remedies for misappropriation of a trade secret. (2) ORS 646.461 to 646.475 shall not affect: (a) Contractual remedies, …

(1) ORS 646.461 to 646.475 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of ORS 646.461 to 646.475 among states enacting them. (2) ORS 646.461 to 646.475 may be cited as the Uniform Trade Secrets Act. (3) If…

As used in ORS 646.515 to 646.545, unless the context requires otherwise: (1) “Agricultural commodity” means any and all agricultural, horticultural, viticultural and vegetable products produced in this state, either in their natural state or as processed by a producer for the pu…

Producers shall have the right to join voluntarily and belong to cooperative bargaining associations. [1963 c.514 §2]

(1) A dealer may not knowingly engage in the following unfair trade practices: (a) Interfere with, restrain, coerce or boycott a producer in the exercise of the rights guaranteed pursuant to ORS 646.525; (b) Discriminate against a producer with respect to price or other terms of …

(1) In addition to any other remedies provided by law, any producer injured by a violation of ORS 646.535 may maintain an action for damages sustained by such producer. (2) The prevailing party in any action brought pursuant to subsection (1) of this section shall be allowed, in …

As used in ORS 646.551 to 646.557: (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…

(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 bus…

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]

In addition to complying with the requirements of ORS 646.553, each telephonic seller, at the time the solicitation is made and prior to consummation of any sales transaction, shall provide all of the following information to each prospective purchaser: (1) If the telephonic sell…

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]

As used in ORS 646.561 to 646.565: (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 occ…

(1) A person engages in an unlawful practice if: (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 par…

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 and 646.563. Notification may be by: (1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of the notice …

As used in ORS 646.567 to 646.578, unless the context otherwise requires: (1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. (2) “Information about a party” means information specific to a party, including but not limi…

(1) The Legislative Assembly finds that: (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 …

(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…

(1) The Attorney General shall either: (a) Advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in ORS 646.574; or (b) Designate a federal “do not call” registry, including but not limited to the re…

(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 s…

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]

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.578 and 646.608. Notification may be by: (1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of …

As used in ORS 336.184 and 646.605 to 646.652: (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 …

A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person: (1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obl…

(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: (a) Passes off real estate, goods or services as the real estate, goods or services of another. (b) Causes likelihood of confusion …

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 …

A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (1)(n) unless the person: (1) Within 30 seconds after beginning the conversation: (a) Provides identification of both the person and whom the person represents; (b) E…

ORS 646.607 and 646.608 do not apply to: (1) Conduct in compliance with the orders or rules of, or a statute administered by a federal, state or local governmental agency. (2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, telephone directory or …

(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 cau…

Service of an investigative demand under ORS 646.618 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made by any of the following methods: (1) By personal service outside this…