Chapter 646A — Chapter 646A
296 sections in this chapter.
ORS 646A.276 Sale of gift card that expires, declines in value, includes fee or does not give option to redeem. (1) Except as provided in subsection (2) of this section and ORS 646A.278, a person may not sell a gift card
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(a) That has an expiration date; (b) That has a face value that declines as a result of the passage of time or the lack of use of the card; (c) That has a fee related to the card, including, but not limited to, an inactivity fee, a maintenance fee or a service fee; or (d) That do…
ORS 646A.278 Requirements for sale of gift card that expires. A person may sell a gift card that has an expiration date if
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(1) The gift card bears, in at least 10-point type, the words “EXPIRES ON” or “EXPIRATION DATE” followed by the date on which the card expires; (2) The person sells the gift card at a cost below the face value of the card; and (3) The gift card does not expire until at least 30 d…
ORS 646A.280 Definitions for ORS 646A.280 to 646A.290. As used in ORS 646A.280 to 646A.290
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(1) “Invoice” means a document containing an itemized list of previously ordered goods or services and an amount or amounts of money owed by the recipient of the document. (2) “Recipient” means the person to whom an invoice or simulated invoice is uttered. (3) “Simulated invoice”…
ORS 646A.282 Simulated invoices prohibited. It is unlawful for any person to utter a simulated invoice if
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(1) A reasonable recipient could, under all the circumstances of its receipt, mistake the simulated invoice for an invoice; or (2) The person knows or reasonably should know that a recipient could mistake the simulated invoice for an invoice. [Formerly 646.293]
ORS 646A.284 Cause of action by Attorney General; judgment; attorney fees. (1) The Attorney General shall have a cause of action against any person who violates ORS 646A.282
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(2) If the Attorney General prevails, the court shall enter judgment against the defendant for: (a) Each simulated invoice uttered in this state, for the greater of: (A) Three times the amount stated in the simulated invoice; or (B) $500; (b) Such orders or judgments as may be ne…
ORS 646A.286 Cause of action by private party; judgment; attorney fees. (1) A recipient of a simulated invoice who has suffered any ascertainable loss as a result shall have a cause of action against any person who violates ORS 646A.282
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(2) If the recipient prevails, the court shall enter judgment against the defendant for: (a) The greater of: (A) Three times the amount stated in the simulated invoice received; or (B) $500 for each simulated invoice received; (b) Such orders or judgments as may be necessary to r…
ORS 646A.288 Presumptions in cause of action brought under ORS 646A.284 or 646A.286. In any action brought under ORS 646A.284 or 646A.286, the following presumptions apply
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(1) A simulated invoice that has been paid by five or more persons could be mistaken for an invoice by a reasonable recipient. (2) A person knows that a simulated invoice uttered simultaneously with a copy of a publication or portion of a publication previously ordered by the rec…
ORS 646A.290 Construction; other remedies. (1) The provisions of ORS 646A.280 to 646A.290 shall be liberally construed to effectuate its remedial purposes
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(2) The remedy provided by ORS 646A.280 to 646A.290 is in addition to any other remedy, civil or criminal, that may be available under any other provision of law. Claims based on remedies available under other provisions of law may be joined in an action under ORS 646A.280 to 646…
ORS 646A.292 Legislative intent. It is the intent of the Legislative Assembly to end the practice of ongoing charging of consumer credit or debit cards or third party payment accounts without the consumers’ explicit consent for ongoing shipments of a product or ongoing deliveries of service. [2011 c.509 §1]
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[Repealed or reserved.]
ORS 646A.293 Definitions for ORS 646A.293 and 646A.295. As used in this section and ORS 646A.295
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(1) “Automatic renewal” means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term. (2) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting typ…
ORS 646A.295 Prohibited actions; requirements; timing; failure to obtain consent; exceptions. (1) It is unlawful for a person that makes an automatic renewal or continuous service offer to a consumer in this state to do any of the following
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(a) Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before a subscription or purchasing agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to th…
ORS 646A.300 Definitions for ORS 646A.300 to 646A.322. As used in ORS 646A.300 to 646A.322
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(1) “Catalog” means a catalog published in any medium, including an electronic catalog. (2) “Change in competitive circumstances” means an event, act or omission that has a material detrimental effect on a retailer’s ability to compete with another retailer that sells the same br…
ORS 646A.302 Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier. The obligations of a supplier under ORS 646A.300 to 646A.322 apply to the supplier’s successor in interest or assignee. A successor in interest includes a purchaser of assets or shares, a surviving corporation or other entity resulting from a merger or liquidation, a receiver and a trustee of the original supplier. [Formerly 646.419]
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[Repealed or reserved.]
ORS 646A.304 Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement. (1) If a retailer agreement is terminated, canceled or discontinued, unless the retailer elects to keep the farm implements, machinery and repair parts under a contractual right to do so, the supplier shall pay the retailer for the farm implements, machinery and repair parts or, if the retailer owes any sums to the supplier, credit the cost of the farm implements, machinery and repair parts to the retailer’s account. The payment or credit shall be as follows
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(a) The payment or the credit for the unused complete farm implements and machinery in new condition shall be in a sum equal to 100 percent of the net cost of all complete farm implements and machinery that are current models and that have been purchased by the retailer from the …
ORS 646A.306 Repurchase of inventory by supplier; effect of new retailer agreement. (1) A supplier shall repurchase the inventory of a retailer, as if the supplier had terminated the retailer agreement, as follows
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(a) Upon the death of a retailer whose business is owned as a tenancy by the entirety, at the option of the spouse or the heir or heirs of the retailer. (b) Upon the death of a stockholder of a corporation operating as a retailer, at the option of the heir or heirs of the stockho…
ORS 646A.308 Civil action for supplier’s failure to pay; venue. (1) If, upon the cancellation of a retailer agreement by the retailer or the supplier, the supplier fails to make payment as required by ORS 646A.304 or 646A.306, the supplier shall be liable in a civil action to be brought by the retailer or by the retailer’s spouse, heir or heirs for the payments required under ORS 646A.304 or 646A.306
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(2) A person who brings an action under this section must commence the action in the county in which the principal place of business of the retailer is located. [Formerly 646.445]
ORS 646A.310 Prohibited conduct by supplier. (1) A supplier may not
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(a) Coerce or compel any retailer to: (A) Order any farm implements or parts. (B) Accept delivery of farm implements with special features or accessories not included in the base list price of the farm implements as publicly advertised by the supplier. (C) Enter into any agreemen…
ORS 646A.312 Termination, cancellation or nonrenewal of retailer agreement; notice; good cause. (1) As used in this section
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(a) “Good cause” means a retailer’s: (A) Failing to comply with a term in a retailer agreement that also appears in a retailer agreement that similarly situated retailers have with the same supplier, including a term that requires the retailer to meet marketing criteria; (B) Tran…
ORS 646A.314 New or relocated dealership; notice; area of responsibility. (1) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement assigns an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealership within an assigned area of responsibility that is within or contiguous to the area of the new or relocated retailer or dealership
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(2) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement does not assign an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or d…
ORS 646A.316 Warranty claims; payment; time for completion. Unless otherwise agreed
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(1) On a warranty claim, a supplier shall provide reasonable compensation for the retailer’s costs, including but not limited to: (a) Diagnostic services; (b) Repair services; (c) Repair parts; and (d) Labor. (2) For labor on warranty service, a supplier may not pay a retailer an…
ORS 646A.318 Warranty claims; processing. (1) A supplier shall approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim
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(2) If a supplier does not approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim, the supplier shall pay the claim within 60 calendar days of receipt of the claim. (3) A supplier that approves a warranty claim shall pay t…
ORS 646A.320 Retailer’s improvements to products. Unless otherwise agreed
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(1) If a supplier requires a retailer to improve the safety of farm implements or machinery, the supplier shall reimburse the retailer for the costs of parts, labor and transportation that the retailer incurred to make the improvement. (2) If a supplier requires a retailer to imp…
ORS 646A.322 Remedies; arbitration; cause of action; attorney fees; injunctive relief. (1)(a) A party to a retailer agreement that is aggrieved by the conduct of another party to the agreement under ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320 may seek arbitration of the issues under ORS 36.600 to 36.740. Unless the parties agree to different arbitration rules, the arbitration must be conducted pursuant to the commercial arbitration rules of the American Arbitration Association. If the parties agree, the arbitration is the parties’ only remedy and the findings and conclusions of the arbitrator or panel of arbitrators are binding upon the parties
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(b) The arbitrator or arbitrators may award the prevailing party: (A) The costs of witness fees and other fees in the case; (B) Reasonable attorney fees; and (C) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances. (2) N…
ORS 646A.325 Repurchase of motor vehicle by manufacturer; notice to dealer; contents of notice; notice to prospective buyer. (1) The manufacturer of a motor vehicle who repurchases the vehicle for any reason shall inform any vehicle dealer to whom the manufacturer subsequently delivers the vehicle for resale that the vehicle has been repurchased by the manufacturer. If the reason for the repurchase was failure or inability to conform the vehicle to express warranties under the provisions of ORS 646A.400 to 646A.418 or any similar law of another jurisdiction, the manufacturer shall also inform the dealer of that fact
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(2) A dealer who has been given information required by subsection (1) of this section shall give the information, in writing, to any prospective buyer of the vehicle. (3) An owner of a motor vehicle who has been given information as required by subsection (1) or (2) of this sect…
ORS 646A.327 Attorney fees for action under ORS 646A.325. The court may award reasonable attorney fees to the prevailing party in an action against a person who has a duty to disclose information under ORS 646A.325. [Formerly 646.876]
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MAILINGS AND DELIVERIES (Mail Agents)
ORS 646A.340 Definitions for ORS 646A.340 to 646A.348. As used in ORS 646A.340 to 646A.348
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(1) “Mail agent” means any person, sole proprietorship, partnership, corporation or other entity who owns, manages, rents or operates one or more mailboxes, as defined in this section, for receipt of United States mail or materials received from or delivered by a private express …
ORS 646A.342 Prohibited conduct; required verifications and notice. (1) A mail agent shall not contract with a tenant to receive United States mail or materials received from or delivered by a private express carrier on the tenant’s behalf if the mail agent knows or should know that the tenant has provided a false name, title or address to the mail agent
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(2) Prior to contracting with a tenant to receive United States mail or materials received from or delivered by a private express carrier on the tenant’s behalf, the mail agent shall independently verify: (a) The identity of the tenant. (b) The residence address of the tenant if …
ORS 646A.344 Bond or letter of credit; action; exceptions. (1) Except as provided in subsection (5) of this section, a mail agent shall maintain
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(a) A surety bond in the sum of $10,000 executed by the mail agent as obligor, together with a surety company authorized to do business in this state as surety; or (b) An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in the amount of $10,…
ORS 646A.346 Damages. Upon proof by a preponderance of evidence that a mail agent has failed to satisfy any of the mail agent’s duties set forth in ORS 646A.342, the mail agent shall be liable for actual damages caused to any person who sent United States mail or materials received from or delivered by a private express carrier addressed to a fictitious person at any tenant’s mailbox and who is damaged because the person who sent the United States mail or materials received from or delivered by a private express carrier is unable to identify the tenant. A mail agent’s liability under this section shall not exceed $1,000 per occurrence. [Formerly 646.235]
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[Repealed or reserved.]
ORS 646A.348 Action by Attorney General; civil penalty; injunction; damages; attorney fees and costs. (1) The Attorney General may bring an action in the name of the state against any mail agent for violation of ORS 646A.342 or 646A.344. Upon proof by a preponderance of the evidence of a violation of ORS 646A.342 or 646A.344, a mail agent shall forfeit and pay a civil penalty of not more than $1,000 for an initial violation. For a second or subsequent violation, the mail agent shall forfeit and pay a civil penalty of not more than $5,000 for each violation
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(2) The Attorney General may bring an action in the name of the state against any mail agent or other person or entity to restrain or prevent any violation of ORS 646A.342 or 646A.344. (3) The Attorney General may bring an action on behalf of a person to obtain the damages caused…
ORS 646A.350 Delivery of unrequested hazardous substances prohibited. No person shall deliver, or cause to be delivered, any hazardous substance, as defined in ORS 453.005 (7), to any residential premises without the prior consent of any occupant of such premises. [Formerly 646.870]
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[Repealed or reserved.]
ORS 646A.352 Penalty. Violation of ORS 646A.350 is a Class A misdemeanor. [Formerly 646.992]
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(Other Mailings or Deliveries)
ORS 646A.360 Unsolicited facsimile machine transmissions. (1) If a person receives on a facsimile machine any unsolicited and unwanted advertising material for the sale of any realty, goods or services, the person may give the sender of such material written notice to discontinue further such transmissions. No person who has received such a discontinuance notice shall use a facsimile machine to transmit unsolicited advertising material for the sale of realty, goods or services to the person who gave the discontinuance notice for a period of one calendar year from the date the notice was given
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(2) As used in this section, “facsimile machine” means a machine that electronically transmits or receives facsimiles of documents through connection with a telephone network. [Formerly 646.872]
ORS 646A.362 Exclusion of name from sweepstakes promotion mailing list; written request; rules. (1) As used in this section
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(a) “Exclusion request” means a written request to be excluded from a sweepstakes promotion mailing list or to be placed on a list of persons to whom sweepstakes promotions may not be mailed. (b) “Sweepstakes promotion” has the meaning given that term in ORS 124.005. (2) Any pers…
ORS 646A.365 Check, draft or payment instrument creating obligation for payment. A person may not mail or cause to be sent a check, draft or other payment instrument that, when deposited or cashed, obligates the depositor or payee thereafter to make any payment. This section does not apply to an extension of credit or an offer to lend money. [2007 c.304 §1]
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AUTOMATIC DIALING AND ANNOUNCING DEVICES
ORS 646A.370 Definitions for ORS 646A.370 to 646A.374. As used in ORS 646A.370 to 646A.374
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(1) “Automatic dialing and announcing device” means an automated device that selects and dials telephone numbers and that, working alone or in conjunction with a person or another device, disseminates a prerecorded or synthesized voice or text message to the telephone number that…
ORS 646A.372 Limits on usage of automatic dialing and announcing device. (1)(a) A caller may not use an automatic dialing and announcing device in order to call a subscriber by means of a telephone or telephone line unless
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(A) The device is designed and operated so as to disconnect within 10 seconds after the subscriber terminates the call; and (B) The device provides, and the prerecorded or synthesized voice message that the device plays describes, a method by which a subscriber, within the first …
ORS 646A.374 Prohibited actions; liability of persons that provide substantial assistance or support for violation; exceptions. (1) As used in this section
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(a) “Cooperative corporation” means a cooperative corporation or unincorporated association that has a certificate of authority from the Public Utility Commission under ORS 759.025. (b) “Radio common carrier” has the meaning given that term in ORS 759.005. (c) “Telecommunications…
ORS 646A.376 Enforcement; civil penalty. Violation of ORS 646A.372 or 646A.374 is an unlawful trade practice that is subject to investigation under ORS 646.618 and is subject to enforcement under ORS 646.632. Notwithstanding the provisions of ORS 646.642, a civil penalty imposed for a violation of ORS 646A.372 or 646A.374 may not exceed $5,000. [2007 c.823 §4; 2015 c.561 §3]
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WARRANTY REGULATION AND ENFORCEMENT (Enforcement of Express Warranties on New Motor Vehicles)
ORS 646A.400 Definitions for ORS 646A.400 to 646A.418. As used in ORS 646A.400 to 646A.418
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(1) “Collateral charge” means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as: (a) A sales, property or use tax; (b) A license, registration or title fee; (c) A finance charge; (d) A prepayment penalty; (e) A charge for undercoating,…
ORS 646A.402 Availability of remedy. The remedy under the provisions of ORS 646A.400 to 646A.418 is available to a consumer if
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(1) A new motor vehicle does not conform to applicable manufacturer’s express warranties; (2) The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the manufacturer’s authorized dealer, for the purpose of repair or correction, during the two-yea…
ORS 646A.404 Consumer’s remedies; manufacturer’s affirmative defenses. (1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the motor vehicle to an applicable manufacturer’s express warranty by repairing or correcting a defect or condition that substantially impairs the use, market value or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall
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(a) Replace the motor vehicle with a new motor vehicle; or (b) Accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price and collateral charges paid, less a reasonable allowance for the consumer’s use of the motor vehicle. In lieu …
ORS 646A.405 Manufacturer action under ORS 646A.404; request to Department of Transportation; notice to buyer; unlawful practice; rules. (1) A manufacturer that takes an action with respect to a motor vehicle under ORS 646A.404 (1)(a) or (b) shall request the Department of Transportation to
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(a) Title the motor vehicle in the manufacturer’s name; and (b) Inscribe on the certificate of title for the motor vehicle and in the department’s records concerning the motor vehicle the notation “Lemon Law Buyback.” (2) A person that acquires a motor vehicle in order to sell, l…
ORS 646A.406 Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer. (1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties if, during the two-year period following the date of original delivery of the motor vehicle to a consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first
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(a) The manufacturer or an agent or authorized dealer of the manufacturer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the defect alleged, but the nonconformity continues to exist; (b) The motor vehicle is out of s…
ORS 646A.408 Use of informal dispute settlement procedure as condition for remedy; binding effect on manufacturer. If a manufacturer, for the purpose of settling disputes that arise under ORS 646A.400 to 646A.418, establishes or participates in an informal dispute settlement procedure that substantially complies with the provisions of 16 C.F.R. part 703, as in effect on June 23, 2009, and causes a consumer to be notified of the procedure, ORS 646A.404 does not apply to a consumer who has not first resorted to the procedure. A decision resulting from arbitration pursuant to the informal dispute settlement procedure is binding on the manufacturer but is not binding on the consumer. [Formerly 646.355; 2009 c.448 §5]
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[Repealed or reserved.]
ORS 646A.410 Informal dispute settlement procedure; recordkeeping; review by Department of Justice. A manufacturer which has established or participates in an informal dispute settlement procedure shall keep records of all cases submitted to the procedure under ORS 646A.408 and shall make the records available to the Department of Justice if the department requests them. The department may review all case records kept under this section to determine whether or not the arbitrators are complying with the provisions of ORS 646A.400 to 646A.418 in reaching their decisions. [Formerly 646.357]
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[Repealed or reserved.]
ORS 646A.412 Action in court; damages if manufacturer does not act in good faith; attorney fees; expert witness fees; costs. (1) If a consumer brings an action in court under ORS 646A.400 to 646A.418 against a manufacturer and the consumer is granted one of the remedies specified in ORS 646A.404 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exceed $50,000 over and above the amount due the consumer under ORS 646A.404 (1), if the court finds that the manufacturer did not act in good faith
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(2) Except as provided in subsection (3) of this section, the court may award reasonable attorney fees, fees for expert witnesses and costs to a consumer who prevails in an appeal or action under ORS 646A.400 to 646A.418. If a court finds that a consumer brought an action under O…
ORS 646A.414 Limitations on actions against dealers. (1) Except as provided in ORS 646A.405, nothing in ORS 646A.400 to 646A.418 creates a cause of action by a consumer against a vehicle dealer
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(2) A manufacturer may not join a dealer as a party in a proceeding brought under ORS 646A.400 to 646A.418, nor may the manufacturer try to collect from a dealer damages assessed against the manufacturer in a proceeding brought under ORS 646A.400 to 646A.418. [Formerly 646.361; 2…
ORS 646A.416 Limitation on commencement of action. An action brought under ORS 646A.400 to 646A.418 must be commenced within one year after whichever of the following periods ends earlier
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(1) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles; (2) The two-year period following the date of the original delivery of the motor vehicle to the consumer; or (3) The period that ends after an extension of time provided under ORS 64…
ORS 646A.418 Remedies supplementary to existing statutory or common law remedies; election of remedies. Nothing in ORS 646A.400 to 646A.418 is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400 to 646A.418 shall not be available insofar as it would result in recovery in excess of the recovery authorized by ORS 646A.404 without proof of fault resulting in damages in excess of such recovery. [Formerly 646.375]
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(Vehicle Protection Product Warranties)