Title 50, Trade Regulations and Practices

As used in ORS 646A.640 to 646A.673: (1) “Applicant” means a person that applies for a license to engage in business as a debt buyer in this state. (2) “Controller” means: (a) A director, officer or general partner of a business entity; (b) A managing member of a limited liabilit…

(1) Except as provided in subsection (2) of this section, a person may not engage in debt buying in this state unless the person obtains or renews a license under ORS 646A.646. (2)(a) A person need not obtain or renew a license under subsection (1) of this section if the person i…

(1)(a) A person that is subject to the requirement to obtain or renew a license under ORS 646A.643 (1) shall submit an application to the Director of the Department of Consumer and Business Services in the manner the director specifies by rule. The director by rule shall specify …

(1) A licensee shall designate and maintain a principal place of business at or from which the licensee engages in debt buying in this state and a registered agent in this state. (2)(a) If a licensee does not maintain a principal place of business in this state, the licensee shal…

(1)(a) A licensee shall notify the Director of the Department of Consumer and Business Services in writing at least 30 days before the licensee relocates or closes the licensee’s principal place of business in this state. (b) In a notice under paragraph (a) of this subsection the…

A licensee or a person that engages in debt buying shall comply with standards that the Director of the Department of Consumer and Business Services adopts by rule. The standards, at a minimum, must require the licensee or the person to: (1) Establish appropriate training program…

A licensee or a person that engages in debt buying may not: (1) Perform any act, undertake any practice or employ any device, scheme or artifice in the course of the licensee’s or the person’s business that the Director of the Department of Consumer and Business Services defines …

(1) The Director of the Department of Consumer and Business Services has general supervisory authority and control over: (a) Any person that engages in debt buying in this state; and (b) Any person that had a license that the director withdrew, canceled, suspended, conditioned or…

(1) If after conducting an investigation, initiating or conducting a proceeding or taking an enforcement action under ORS 646A.661 the Director of the Department of Consumer and Business Services determines that a licensee or a person that engages in debt buying in this state has…

(1) Except as provided in subsection (2) of this section, the provisions of ORS 646A.640 to 646A.673 and 646A.670 preempt all charter and statutory authority of local governments in this state to require a debt buyer or a person that engages in debt buying to obtain a license, re…

(1) A debt buyer that brings legal action to collect or brings legal action to attempt to collect purchased debt, or a debt collector that brings legal action on the debt buyer’s behalf, shall include in an initial pleading that begins the legal action: (a) The original creditor’…

The Director of the Department of Consumer and Business Services may adopt rules to implement the provisions of ORS 646.639 (4), 646A.640 to 646A.673 and 646A.670. [2017 c.625 §13] (Medical Debt)

(1) As used in this section: (a) “Consumer report” has the meaning given that term in 15 U.S.C. 1681a, as in effect on January 1, 2026. (b) “Consumer reporting agency” has the meaning given that term in 15 U.S.C. 1681a, as in effect on January 1, 2026. (c) “Debt collector” has th…

The legislative intent of ORS 646A.683 is to improve public health and safety by taking steps to address the spiraling health care costs for residents of this state. [2019 c.436 §1]

(1) As used in this section: (a) “Drug” has the meaning given that term in ORS 689.005. (b)(A) “Manufacture” means: (i) The production, preparation, propagation, compounding, conversion or processing of a drug, either directly or indirectly by extraction from substances of natura…

(1) The Prescription Drug Affordability Board established in ORS 646A.693 shall develop a plan for establishing upper payment limits on drugs sold in this state that are subject to affordability reviews under ORS 646A.694. The plan shall include: (a) A methodology for establishin…

ORS 646A.689 and 646A.692 shall be known and may be cited as the Prescription Drug Price Transparency Act. [2018 c.7 §1]

(1) As used in ORS 646A.680 to 646A.697: (a) “Drug” has the meaning given that term in ORS 689.005. (b) “Health care facility” has the meaning given that term in ORS 442.015. (c) “Health care service contractor” has the meaning given that term in ORS 750.005. (d)(A) “Manufacture”…

(1) A manufacturer that fails to report or provide information as required by ORS 646A.689 may be subject to a civil penalty as provided in this section. (2) The Department of Consumer and Business Services shall adopt a schedule of penalties, not to exceed $10,000 per day of vio…

(1) The Prescription Drug Affordability Board is established in the Department of Consumer and Business Services to protect residents of this state, state and local governments, commercial health plans, health care providers, pharmacies licensed in this state and other stakeholde…

(1) The Department of Consumer and Business Services shall provide to the Prescription Drug Affordability Board each calendar year a list of prescription drugs included in reports submitted to the department under ORS 646A.689 (2) and (6), a list of drugs included in reports subm…

(1) The Department of Consumer and Business Services shall adopt by rule, in consultation with the Prescription Drug Affordability Board, annual fees to be paid by manufacturers of prescription drugs that are sold in this state. The fees shall be established in amounts necessary …

No later than December 31 of each year, the Prescription Drug Affordability Board shall report to the Health Care Cost Growth Target program established in ORS 442.386 and to the interim committees of the Legislative Assembly related to health, in the manner provided in ORS 192.2…

(1) As used in this section, “generic drug” means: (a) A retail drug that is marketed or distributed in accordance with an abbreviated new drug application approved under 21 U.S.C. 355(j); (b) An authorized generic as defined by 42 C.F.R. 447.502; or (c) A drug that entered the m…

ORS 646A.702 to 646A.720 and 646A.725 to 646A.750 may be cited as the Mortgage Rescue Fraud Protection Act. [2008 c.19 §1]

As used in ORS 646A.702 to 646A.720: (1) “Default” means having one or more homeowner obligations in arrears to an extent that a notice of default could properly be recorded against the residence. (2) “Family” means a spouse, domestic partner, parent, stepparent, grandparent, chi…

The following are not foreclosure consultants for purposes of ORS 646A.702 to 646A.720: (1) An individual licensed to practice law in this state, if performing services within an attorney-client relationship. (2) A person that holds or is owed an obligation that is secured by a l…

(1) A written foreclosure consulting contract is required for any services that a foreclosure consultant provides to a homeowner. A foreclosure consultant shall provide a homeowner with a copy of the foreclosure consulting contract at least 24 hours before the homeowner signs the…

(1) In addition to any other cancellation or rescission right, a homeowner may cancel a foreclosure consulting contract as provided under this section at any time. (2) Cancellation under this section occurs when the homeowner gives written notice of cancellation to the foreclosur…

A foreclosure consultant may not: (1) Claim, demand, charge, collect or receive any compensation from a homeowner unless the foreclosure consultant has performed in good faith under the contract: (a) Each service the foreclosure consultant contracted to perform for the homeowner;…

As used in ORS 646A.725 to 646A.750: (1) “Bona fide purchaser” means a person that purchases a residential real property from an equity purchaser: (a) For valuable consideration; (b) In good faith; (c) Without knowledge of any continuing right to, or equity in, the property by th…

The following are not equity purchasers for purposes of ORS 646A.725 to 646A.750: (1) A party to a deed in lieu of foreclosure. (2) A creditors’ committee, trustee or debtor in possession participating in a proceeding under the jurisdiction of the United States Bankruptcy Court. …

(1) A written contract is required for every equity conveyance. An equity purchaser shall provide an equity seller with a copy of the equity conveyance contract at least 24 hours before the equity seller signs the contract. The equity conveyance contract must: (a) Be written in a…

(1) In addition to any other cancellation or rescission right, an equity seller may cancel an equity conveyance contract as provided under this section before the earlier of: (a) Midnight of the third business day after the equity seller signs a document purporting to transfer an…

(1) An equity purchaser shall: (a) Prior to an equity seller signing an equity conveyance contract: (A) Verify and be able to demonstrate that the equity seller has or will have a reasonable ability to pay for the subsequent reconveyance of the residential real property interest …

(1) For purposes of determining whether an equity purchaser has violated ORS 646A.745 (1)(a), there is a rebuttable presumption that: (a) An equity seller has or will have a reasonable ability to pay for a subsequent reconveyance of a residential real property if, on the date the…

ORS 646A.725 to 646A.750 do not preclude an equity seller from: (1) Seeking to have a transfer of interest under an equity conveyance declared to be an equitable mortgage; or (2) Asserting any claim against an equity purchaser for an equitable mortgage. [2008 c.19 §15]

(1) As used in this section, “equity seller” has the meaning given that term in ORS 646A.725. (2) In addition to any action by the Attorney General under ORS 646.607 or any other cause of action, an equity seller may bring an action for damages incurred by the equity seller resul…

Violation of a provision of ORS 646A.702 to 646A.720 or 646A.725 to 646A.750 is a Class A misdemeanor. [2008 c.19 §18; 2011 c.597 §260] GUARANTEED ASSET PROTECTION WAIVERS

As used in ORS 646A.770 to 646A.787: (1) “Borrower” means an individual who enters into a finance agreement that is secured by a motor vehicle or who, in connection with purchasing or leasing a motor vehicle, incurs an obligation to pay money to a creditor under terms and conditi…

(1)(a) A guaranteed asset protection waiver is not insurance and is not subject to the provisions of the Insurance Code. A person, other than an insurer, that sells a guaranteed asset protection waiver in compliance with ORS 646A.770 to 646A.787 does not become subject to the Ins…

A person may not sell a guaranteed asset protection waiver in connection with a sale of a motor vehicle that is used for personal, family or household purposes unless, at the time of the sale: (1) The person discloses, in writing and in plain and easily understandable language: (…

(1) A guaranteed asset protection waiver must determine the amount that a creditor waives under the terms of the guaranteed asset protection waiver in accordance with the following methods: (a) If primary motor vehicle insurance or third party liability insurance covers the amoun…

(1)(a) A guaranteed asset protection waiver may provide that a borrower may cancel the guaranteed asset protection waiver after the evaluation period expires or that the guaranteed asset protection waiver expires if the finance agreement terminates early. If the guaranteed asset …

(1)(a) A creditor other than a person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle may insure a guaranteed asset protection waiver with a reimbursement insurance policy. (b) A person that sells a guaranteed asset protection w…

(1) A person that is subject to ORS 646A.770 to 646A.787 shall act in a fiduciary capacity with respect to funds the person receives or holds for the benefit of another person. (2) A person that sells a guaranteed asset protection waiver in connection with a retail sale of a moto…

A violation of a provision of ORS 646A.770 to 646A.787 is an unlawful practice under ORS 646.608. [2015 c.523 §8] MISCELLANEOUS

(1) As used in this section: (a) “Cable service” means: (A) One-way transmission to subscribers of a video programming service; (B) Two-way interactive service delivered over a cable system; or (C) Any communication with subscribers necessary for the selection and use of video pr…

(1) As used in this section: (a) “Hospice program” has the meaning given that term in ORS 443.850. (b) “Personal representative” has the meaning given that term in ORS 111.005. (c) “Residential cable service” means the transmission of any communication to a residential customer o…

(1) As used in this section: (a) “Contest” means a procedure for awarding a prize in which the outcome depends at least in part on the skill of the contestant. “Contest” includes any competition in which a person is required to purchase anything, pay anything of value or make a d…