Chapter 646A — Chapter 646A
296 sections in this chapter.
ORS 646A.430 Definitions for ORS 646A.430 to 646A.450. As used in ORS 646A.430 to 646A.450
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(1) “Consumer” means a person in this state who purchases a vehicle protection product or who possesses a vehicle protection product and is entitled to enforce a warranty for the product by reason of the person’s possession. (2) “Reimbursement insurance policy” means an insurance…
ORS 646A.432 Applicability of ORS 646A.430 to 646A.450; applicability of other law. (1) ORS 646A.430 to 646A.450 apply to vehicle protection product warranties that
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(a) Accompany vehicle protection products delivered to consumers in this state; and (b) Require the warrantor, to the extent set forth in the warranty, to pay to the consumer expenses related to the loss of or damage to the vehicle. (2) A vehicle protection product warranty subje…
ORS 646A.434 Sale of vehicle protection product; conditions and requirements. (1) A person may not offer for sale or sell a vehicle protection product that includes a vehicle protection product warranty unless, at the time of the sale, the seller or a warrantor provides to the consumer
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(a) A copy of the vehicle protection product warranty for the vehicle protection product; or (b) A receipt for, or other written evidence of, the consumer’s purchase of the vehicle protection product. (2) A warrantor who complies with subsection (1)(b) of this section shall provi…
ORS 646A.436 Warrantor registration; requirements; expiration; fees; rules. (1) A person may not conduct business as a warrantor in this state or make a representation that the person is a warrantor in this state unless the person registers in writing with the Director of the Department of Consumer and Business Services in a form the director prescribes by rule. For purposes of this section, a person who offers for sale or sells a vehicle protection product but does not offer a warranty with the product or is not contractually obligated to any performance under the terms and conditions of a warranty that accompanies the product is not a warrantor subject to this section
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(2) A registration form submitted to the director under this section shall contain the following information: (a) The warrantor’s name and telephone number and the address of the warrantor’s principal office; (b) The name, address and telephone number of the warrantor’s agent for…
ORS 646A.438 Reimbursement insurance; requirements; insurer qualifications. (1) A warrantor shall obtain a reimbursement insurance policy from a qualified reimbursement insurer that covers all liability to the consumer under all vehicle protection product warranties a warrantor issues. A qualified reimbursement insurer is
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(a) An insurer authorized to transact insurance in this state under a certificate of authority issued in accordance with the Insurance Code; or (b) A surplus lines insurer. (2) The Department of Consumer and Business Services may not require any other financial security requireme…
ORS 646A.440 Required provisions of reimbursement insurance policy; cancellation; notice. (1) A reimbursement insurance policy for a warranty issued in accordance with ORS 646A.430 to 646A.450 shall have the following provisions
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(a) The reimbursement insurer that issues the policy will reimburse or pay on behalf of the warrantor any amounts the warrantor is legally obligated to pay or will provide any service that the warrantor is legally obligated to perform under the vehicle protection product warranty…
ORS 646A.442 Vehicle protection product warranty administrator. A warrantor may designate a person as an administrator for the warrantor’s vehicle protection product warranties under ORS 646A.430 to 646A.450. [2007 c.685 §7]
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[Repealed or reserved.]
ORS 646A.444 Recordkeeping requirements for warrantor; record retention. (1) A warrantor shall maintain accurate accounts, books and other records for transactions regulated under ORS 646A.430 to 646A.450 and shall make the records available to the Director of the Department of Consumer and Business Services for inspection during normal business hours. The warrantor’s records shall include
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(a) A copy of the warranty for each unique form of vehicle protection product sold; (b) The name and address of each consumer; (c) A list of the locations where the warrantor’s vehicle protection products are offered for sale or sold; and (d) Dates, descriptions, amounts and rece…
ORS 646A.446 Prohibited conduct for warrantor. (1) A warrantor may not use in the warrantor’s name
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(a) “Casualty,” “surety,” “insurance,” “mutual” or any other word descriptive of the casualty, insurance or surety business; or (b) A name deceptively similar to the name or description of any insurance company, surety corporation or other warrantor. (2) A warrantor may use the w…
ORS 646A.448 Prohibited activities. (1) A warrantor or a warrantor’s representative, in the warrantor’s vehicle protection product warranty or in an advertisement or literature for the warranty, may not
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(a) Make, permit or cause to be made any false or misleading statement; or (b) Intentionally omit a material statement that would be considered misleading if omitted. (2) A seller or warrantor may not require, as a condition of financing, that a retail purchaser of a motor vehicl…
ORS 646A.450 Rules; investigative powers of department. (1) The Director of the Department of Consumer and Business Services may adopt rules to implement and enforce ORS 646A.430 to 646A.450
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(2) The director may investigate warrantors or other persons as reasonably necessary to enforce ORS 646A.430 to 646A.450 and to protect consumers in this state. [2007 c.685 §11]
ORS 646A.452 Enforcement by Attorney General. The Attorney General may enforce violations of ORS 646A.430 to 646A.450 under ORS 646.608. [2007 c.685 §12]
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(Warranties on Assistive Devices)
ORS 646A.460 Definitions for ORS 646A.460 to 646A.476. As used in ORS 646A.460 to 646A.476
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(1) “Assistive device” or “device” means: (a) Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and …
ORS 646A.462 Express warranty; duration. (1) A manufacturer who sells or leases an assistive device, including a demonstrator, to a consumer, either directly or through a dealer, shall furnish, at a minimum, an express warranty that the device shall be free from any nonconformity. The manufacturer shall set forth the warranty fully in readily understood language and shall clearly identify the party making the warranty, the rights that the warranty gives the consumer and how the consumer can exercise the rights
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(2) If the manufacturer does not furnish the express warranty described in subsection (1) of this section, the manufacturer shall be considered to have provided an express warranty that the device shall be free from any nonconformity. (3) The duration of the warranty shall be not…
ORS 646A.464 Repair of assistive device. (1)(a) If a new assistive device or demonstrator does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the dealer who sold or leased the device or any authorized dealer and makes the assistive device available for repair before one year after first delivery of the device to the consumer, the nonconformity shall be repaired at no charge to the consumer. If the consumer notifies the manufacturer, the manufacturer is jointly obligated together with any of its authorized dealers
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(b) A repair for purposes of this subsection includes a repair that must take place after the expiration of one year after first delivery of the assistive device to the consumer, provided that the defect occurred prior to the expiration of the warranty period and the consumer not…
ORS 646A.466 Replacement or refund after attempt to repair. If a nonconformity develops in a new assistive device or demonstrator, the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer
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(1) In the case of a sale, refund to the consumer and to any holder of a perfected security interest as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and collateral costs, less a reasonable allowa…
ORS 646A.468 Procedures for replacement or refund. (1) To receive the refund or replacement described in ORS 646A.466, the consumer shall offer to the manufacturer of the assistive device, the dealer who sold or leased the device or any authorized dealer to transfer possession of the device having the nonconformity. The manufacturer shall
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(a) Make the refund within 14 calendar days after the consumer offers to transfer possession; (b) Make the replacement within 30 calendar days after the consumer offers to transfer possession; or (c) Provide the consumer a loaner for use if the replacement is not made within 14 c…
ORS 646A.470 Sale or lease of returned assistive device. (1) An assistive device returned by a consumer or dealer in this state, or by a consumer or dealer in another state under a similar law of that state, may not be sold or leased again in this state unless full disclosure of the reasons for return is made to the prospective buyer or lessee
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(2) If a sale or lease is made in violation of subsection (1) of this section, a consumer who bought or took the lease of the assistive device shall have the rights of a consumer of a new device provided by ORS 646A.466, without regard to whether there is a nonconformity or to wh…
ORS 646A.472 Dispute resolution. (1) A consumer shall have the option of submitting any dispute arising under ORS 646A.460 to 646A.476 to a dispute resolution procedure. A manufacturer shall submit to the dispute resolution procedure
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(2) The procedure shall provide at a minimum the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation. The individuals conducting the dispute resolution procedure must be objective. (…
ORS 646A.474 Applicability of other laws; waiver. ORS 646A.460 to 646A.476 shall not be construed as limiting rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights provided by ORS 646A.460 to 646A.476 is void. [Formerly 646.496]
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[Repealed or reserved.]
ORS 646A.476 Civil action for damages; attorney fees; limitation on actions. (1) In addition to pursuing any other remedy, a consumer may bring a private cause of action to recover damages caused by a violation of any provision of ORS 646A.460 to 646A.476. The court shall award a consumer who prevails in such an action pecuniary loss and noneconomic damages, together with costs, disbursements, reasonable attorney fees and any equitable relief that the court determines is appropriate. Pecuniary loss caused by a violation of ORS 646A.460 to 646A.476 shall include collateral costs, beginning at the time of the violation, whether or not the consumer acquired the rights provided by ORS 646A.466. If a consumer has submitted a dispute arising under ORS 646A.460 to 646A.476 to a dispute resolution procedure as described in ORS 646A.472, the consumer may not bring a private cause of action under this section relating to that dispute until a decision resulting from the dispute resolution procedure has been issued or until the consumer has withdrawn the dispute from the dispute resolution procedure
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(2) If a consumer appeals to a court from a decision resulting from the dispute resolution procedure described in ORS 646A.472 because the consumer was not granted one of the remedies by ORS 646A.460 to 646A.476, and the consumer is granted one of the remedies by the court, the c…
ORS 646A.480 Definitions for ORS 646A.480 to 646A.495. As used in ORS 646A.480 to 646A.495
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(1)(a) “Motor vehicle” means a self-propelled device, other than a motor home, that is used: (A) To transport persons or property upon a public highway; and (B) For personal, family or household purposes. (b) “Motor vehicle” does not include a motor vehicle owned as part of a fle…
ORS 646A.482 Estimate required before beginning work; contents; evaluation. (1) A vehicle repair shop shall prepare an estimate of the cost of work the vehicle repair shop proposes to perform on a motor vehicle before beginning the work. The vehicle repair shop not later than before receiving final payment shall give a copy of the estimate, either as a separate document or in the form of an invoice, to the owner or the owner’s designee. The vehicle repair shop shall retain a copy of the estimate. The estimate, at a minimum, must
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(a) Describe the general nature of the proposed work; (b) Divide the work into separate tasks, to the extent that the work may be divided into separate tasks; and (c) List: (A) The estimated cost of labor and the parts or component systems the vehicle repair shop proposes to repl…
ORS 646A.486 Prohibited actions if estimate exceeds $200; revision of estimate; methods to obtain owner authorization. (1) Except as provided in subsection (2) of this section, a vehicle repair shop may not take any of the following actions if an estimate prepared under ORS 646A.482 shows that taking the action will cost the owner or the owner’s designee more than $200
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(a) Evaluate the condition of a motor vehicle. (b) Disassemble all or a portion of a motor vehicle or remove parts or components of a motor vehicle in order to evaluate the condition of the motor vehicle. (c) Perform labor or replace or recondition a part in order to: (A) Repair …
ORS 646A.490 Additional prohibited actions; reassembly required; copies. (1) A vehicle repair shop may not
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(a) Charge a person for work not performed on a motor vehicle even if the work is shown on an estimate for which the vehicle repair shop has obtained an authorization from the owner or the owner’s designee. (b) Provide or install used parts or any component system composed of new…
ORS 646A.495 Owner designee; waiver of authorization requirement. (1) An owner may designate a person as the owner’s designee
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(a) In writing, either on the estimate prepared under ORS 646A.482 or by means of a separate document. The owner shall sign a written designation made in accordance with this paragraph. If the designation is a separate document, the vehicle repair shop shall attach a copy of the …
ORS 646A.500 Legislative findings; declaration of purpose. (1) The Legislative Assembly finds that
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(a) The disability and death of infants resulting from injuries sustained in crib accidents are a serious threat to the public health, welfare and safety of the people of this state; (b) Infants are an especially vulnerable class of people; (c) The design and construction of a cr…
ORS 646A.502 Short title. ORS 646A.500 to 646A.514 may be referred to as the Infant Crib Safety Act. [Formerly 646.501]
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[Repealed or reserved.]
ORS 646A.504 Definitions for ORS 646A.500 to 646A.514. As used in ORS 646A.500 to 646A.514
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(1) “Commercial user” means any person, firm, corporation, association or nonprofit corporation, or any agent or employee of a person, firm, corporation, association or nonprofit corporation, including child care facilities or family child care homes certified or registered by th…
ORS 646A.506 Prohibited conduct. (1) A commercial user may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce
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(a) A crib that is unsafe for an infant using the crib; or (b) A crib bumper pad. (2) A crib is presumed to be unsafe pursuant to ORS 646A.500 to 646A.514 if the crib does not conform to the following standards: (a) 16 C.F.R. part 1508; (b) 16 C.F.R. part 1509; (c) 16 C.F.R. part…
ORS 646A.508 Penalties. (1) A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) commits a Class A violation
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(2) An individual who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) commits a Class B violation. [Formerly 646.504; 2011 c.597 §259]
ORS 646A.510 Exemptions. (1) An antique or vintage crib that is clearly not intended for use by an infant is exempt from the provisions of ORS 646A.500 to 646A.514 if the antique or vintage crib is accompanied at the time of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce by a notice furnished by the commercial user that states that the antique or vintage crib is not intended for use by an infant and that the antique or vintage crib is dangerous for use by an infant
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(2) A commercial user is exempt from liability resulting from use of an antique or vintage crib in a manner that is contrary to the notice required by this section. (3) As used in this section, “antique or vintage crib” means a crib that is: (a) 50 years or older measured from th…
ORS 646A.512 Private right of action; attorney fees. Any person may maintain an action against a commercial user who violates ORS 646A.506 (1) to (3), to enjoin the remanufacture, retrofitting, sale, contract to sell or resell, lease or subletting of a crib that is unsafe for an infant, and for reasonable attorney fees and costs. [Formerly 646.506]
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[Repealed or reserved.]
ORS 646A.514 Scope of remedies. Remedies available under ORS 646A.508 and 646A.512 are in addition to any other remedies available under law to an aggrieved party. [Formerly 646.507]
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CHILDREN’S PRODUCTS
ORS 646A.525 Definitions for ORS 646A.525 to 646A.535. As used in ORS 646A.525 to 646A.535
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(1)(a) “Children’s product” means a consumer product that is designed or intended: (A) For the care of or use by a child under 12 years of age; or (B) To come into contact with a child under 12 years of age at the time the product is used. (b) “Children’s product” does not includ…
ORS 646A.530 Prohibited sales of certain children’s products; recall notices and warnings; disposal of recalled children’s products; compliance with warning instructions. (1) A retailer may not sell or offer for sale, lease, sublet or otherwise distribute a children’s product to consumers in this state if the children’s product is
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(a) Subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission or a successor agency; (b) The subject of a warning issued by the children’s product manufacturer or the Consumer Product Safety Commission or a successor agency t…
ORS 646A.535 Assistance of Attorney General in obtaining recall notices. The Attorney General shall assist retailers in obtaining information the retailers may need to subscribe to or arrange to receive recall notices issued by the United States Consumer Product Safety Commission for children’s products. The assistance shall include, but is not limited to, providing links from the Attorney General’s website to a website maintained by or in cooperation with the Consumer Product Safety Commission for the purpose of disseminating product recall notices. [2008 c.31 §3]
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PREMOISTENED WIPES
ORS 646A.540 Definitions; labeling and packaging requirements; preemption. (1) As used in ORS 646A.540 to 646A.544
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(a) “Covered entity” means: (A) The manufacturer of a covered product that is sold or offered for sale in this state; and (B) A wholesaler, supplier or retailer that has contractually undertaken responsibility to a manufacturer for labeling or packaging a covered product. (b) “Co…
ORS 646A.542 Requirement to document compliance. Within 90 days after receiving a request from a city, county or special district that provides wastewater service, a covered entity shall submit to the city, county or special district business information and documentation that is not confidential and that demonstrates compliance with ORS 646A.540. The information must be written and organized for ease of comprehension. [2021 c.181 §2]
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[Repealed or reserved.]
ORS 646A.544 Local government enforcement; notice required; penalties. (1) A city, county or special district that provides wastewater service has exclusive and concurrent authority to enforce compliance with the requirements of ORS 646A.540. Selling, or displaying for sale, a product package that does not comply with the requirements of ORS 646A.540 is a violation for which the city, county or special district may bring an action to recover a civil penalty in the amounts set forth in subsection (2)(b) of this section. Selling, or displaying for sale, multiple units of the same noncompliant product package is part of the same violation
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(2)(a) Except as provided in paragraph (c) of this subsection, before bringing an action to recover a civil penalty for a violation, a city, county or special district that provides wastewater services shall send to the alleged violator a written notice of violation, dated with t…
ORS 646A.550 Short title. ORS 646A.555 may be cited as the Oregon Young Entrepreneurs Act. [2009 c.276 §1]
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[Repealed or reserved.]
ORS 646A.555 License to engage in business activity not required for individual under 17 years of age. (1) Except as provided in subsection (2) of this section and notwithstanding any other provision of law, the State of Oregon, a political subdivision of the state or an agency of the state or of a political subdivision of the state may not require an individual under 17 years of age who is a resident of this state to obtain a license or permit to engage in a business activity in which the individual operates as a sole proprietor under the individual’s own name
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(2) This section does not affect a statute, rule, ordinance or other provision of law that requires a license, certificate, registration, permit or other authorization to conduct a business activity that is subject to regulation for the purpose of protecting the environment or th…
ORS 646A.560 [2012 c.52 §1; repealed by 2023 c.410 §5]
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[Repealed or reserved.]
ORS 646A.562 [2012 c.52 §2; repealed by 2023 c.410 §5]
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[Repealed or reserved.]
ORS 646A.564 [2012 c.52 §3; repealed by 2023 c.410 §5]
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[Repealed or reserved.]
ORS 646A.566 [2012 c.52 §4; repealed by 2023 c.410 §5]
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CONTROL AND PROCESSING OF CONSUMER PERSONAL DATA
ORS 646A.570 Definitions. As used in ORS 646A.570 to 646A.589
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(1) “Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person such that: (a) The person owns or has the power to vote more than 50 percent of the outstanding shares of any …
ORS 646A.572 Scope and application; exclusions. (1)(a) ORS 646A.570 to 646A.589 apply to any person that conducts business in this state, or that provides products or services to residents of this state, and that during a calendar year, controls or processes
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(A) The personal data of 100,000 or more consumers, other than personal data controlled or processed solely for the purpose of completing a payment transaction; or (B) The personal data of 25,000 or more consumers, while deriving 25 percent or more of the person’s annual gross re…
ORS 646A.574 Consumer requests for personal data; requirement to correct inaccuracies; requirement to delete personal data; conditions under which consumer may opt out of personal data processing; format for providing copy of personal data to consumer. (1) Subject to ORS 646A.576, a consumer may
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(a) Obtain from a controller: (A) Confirmation as to whether the controller is processing or has processed the consumer’s personal data and the categories of personal data the controller is processing or has processed; (B) At the controller’s option, a list of specific third part…
ORS 646A.575 [2011 c.393 §1; renumbered 646A.820 in 2023]
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[Repealed or reserved.]