Chapter 646A — Chapter 646A

(2) Fees collected under this section shall be deposited in the Prescription Drug Affordability Account established in ORS 705.146. [2021 c.598 §3; 2023 c.466 §9]

(1) Price trends for the list of prescription drugs provided to the board by the Department of Consumer and Business Services under ORS 646A.694 (1); (2) The prescription drugs that were reviewed under ORS 646A.694 (1); (3) The status of the generic drug market as described in OR…

(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 market before 1962 that was not originally marketed …

[Repealed or reserved.]

(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, child, stepchild, grandchild, sibling, a…

(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 lien on a residence in foreclosure or default, if performing services in connection with …

(a) Be written in a language that is spoken by the homeowner and that was used in discussions between the homeowner and foreclosure consultant to describe the foreclosure consultant’s services or to negotiate the contract and, except as provided in paragraph (f) of this subsectio…

(2) Cancellation under this section occurs when the homeowner gives written notice of cancellation to the foreclosure consultant: (a) At a physical address specified in the foreclosure consulting contract; or (b) At a facsimile number or electronic mail address specified in the f…

(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; or (b) Each service to be compens…

(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 the equity seller; and (d) Without know…

(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. (3) Any person whose employment with regard to a residential real property matter …

(a) Be written in a language that is spoken by the equity seller and that was used in discussions between the equity seller and equity purchaser to describe the equity purchaser’s services or to negotiate the terms of the contract and, except as provided in paragraph (f) of this …

(a) Midnight of the third business day after the equity seller signs a document purporting to transfer an interest in the residence in foreclosure; or (b) A foreclosure sale of the residence in foreclosure. (2) If the equity seller gives a written notice of cancellation under thi…

(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 back to the equity seller as pr…

(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 equity seller signs the equity conveyance contract, the monthly payments projected for the equity seller’s primary housing expenses u…

(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]

(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 resulting from a violation of ORS 646A.725 to 646A.750. (3) If a court finds that a defendant in an…

GUARANTEED ASSET PROTECTION WAIVERS

(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 conditions that are specified in a finance a…

(b) Notwithstanding any other provision of law, any cost for a guaranteed asset protection waiver into which a borrower enters, whether in compliance with the Truth in Lending Act, 15 U.S.C. 1601 et seq., and regulations promulgated under the Truth in Lending Act, or not, must be…

(1) The person discloses, in writing and in plain and easily understandable language: (a) The name, address and other contact information for: (A) The person that sells the guaranteed asset protection waiver; (B) The creditor, if different; and (C) Any other person that is a part…

(a) If primary motor vehicle insurance or third party liability insurance covers the amount of a total loss of the motor vehicle, the creditor shall waive the difference between: (A) The primary insurer’s or the third party’s determination of the motor vehicle’s actual cash value…

(b) A borrower shall apply in writing to the person identified in the guaranteed asset protection waiver for a refund of all or a portion of the purchase price of the guaranteed asset protection waiver within 90 days after cancellation if the borrower cancels the guaranteed asset…

(b) A person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle shall insure the guaranteed asset protection waiver with a reimbursement insurance policy that meets the requirements set forth in subsection (2) of this section. (c) …

(2) A person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle may not: (a) Charge more for the guaranteed asset protection waiver than five percent of the amount the borrower finances under a finance agreement; or (b) Vary the be…

MISCELLANEOUS

(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 programming or interactive serv…

(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 of the service for the purpose…

(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 donation in order to participa…

(a) Operates a website that disseminates photographic records of arrested individuals made by law enforcement agencies pursuant to ORS 181A.160 or otherwise as part of routinely documenting an arrest; and (b) Charges a fee for the removal from the website of a photograph referred…

(2)(a) A person may not use a website, electronic mail message, text message or other electronic means to solicit, request or otherwise induce another person to provide personal information by representing to the other person directly, indirectly or by implication that the person…

(a) “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. (b) “Complaint” means a document or a copy of a document that a person or the person’s affiliate: (A) Files w…

(a) “Connected device” means a device or other physical object that: (A) Connects, directly or indirectly, to the Internet and is used primarily for personal, family or household purposes; and (B) Is assigned an Internet Protocol address or another address or number that identifi…

(a) “Beneficiary” has the meaning given that term in ORS 408.010. (b) “Compensation” means money, a financial benefit or an item of value. (c) “Unreasonable fee” means a fee that a court determines to be unreasonable compensation for a service or function described in subsection …

(1) “Customer” means a person that purchases or leases portable electronics. (2) “Enrolled customer” means a customer that purchases portable electronics insurance coverage from a vendor policyholder. (3) “Insurer” means an insurer as defined in ORS 731.106 that issues, sells or …

(2)(a) An application for a limited license under this section must be submitted on a form in accordance with paragraph (b) of this subsection and accompanied by a fee as prescribed by the department by rule. (b) The application must, at a minimum, include: (A) The name and stree…

(2) If authorized by an insurer or a supervising entity, a vendor policyholder that bills and collects the cost of portable electronics insurance coverage from an enrolled customer is not required to deposit the amount paid in a segregated account but shall remit the amount colle…

(1) That portable electronics insurance coverage may duplicate coverage already held by the customer, including but not limited to homeowner’s insurance or renter’s insurance; (2) That issuance of portable electronics insurance coverage is not required for the customer to purchas…

(a) The vendor policyholder has been issued a limited license under ORS 646A.823; and (b) The insurer or the supervising entity that issued a policy of portable electronics insurance to the vendor policyholder develops a training program for employees, agents and authorized repre…

(a) Provides the vendor policyholder and enrolled customers with notice of the modification or termination not less than 30 days before the effective date of the modification or termination; and (b) In the event of a modification only, provides: (A) The vendor policyholder with a…

[Repealed or reserved.]

(1) Suspend or revoke the person’s limited license issued under ORS 646A.823; (2) Modify the terms of the person’s limited license issued under ORS 646A.823 to limit: (a) The locations at which a vendor policyholder may issue, sell or offer for sale portable electronics insurance…

(a) “Authorized service provider” means: (A) A person that has an arrangement with an original equipment manufacturer under which: (i) The original equipment manufacturer grants a license to the person for the use of, or otherwise permits the person to use, the original equipment…

(a) “Certification entity” means a person that engages in evaluating and certifying the technical capabilities and competence of independent repair providers in accordance with standards that the person adopts or that an original equipment manufacturer specifies. (b) “Repair cert…

(2) Except as provided in subsection (3) of this section, ORS 646A.850 applies to consumer equipment that is sold in this state or is in use in this state on or after January 1, 2025. (3) ORS 646A.850 does not apply to: (a) A cell phone that was manufactured for the first time, a…

(a) Appear and testify under oath at the time and place stated in the investigative demand; (b) Answer written interrogatories; and (c) Produce relevant information, documents, physical evidence or other material for examination at the time and place stated in the investigative d…