Chapter 646A — Chapter 646A
296 sections in this chapter.
ORS 646A.112 Injunction of sham sale; evidence; attorney fees; defense; definitions. (1) As used in this section
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(a) “Appropriate court” has the meaning given that term in ORS 646.605. (b) “Relevant market” means: (A) A product market that consists of products or services that a consumer would regard as interchangeable or substitutable by reason of the products’ or services’ characteristics…
ORS 646A.115 Prohibition on use of software that interferes with sale of admission tickets to entertainment events; prohibition on unauthorized use of certain intellectual property; unlawful practice. (1) As used in this section
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(a) “Admission ticket” means evidence of a purchaser’s right of entry to a venue other than a commercial motion picture theater or an entertainment event other than a movie shown at a commercial motion picture theater. (b)(A) “Entertainment event” means a performance, recreation,…
ORS 646A.120 Definitions for ORS 646A.120 to 646A.134. As used in ORS 646A.120 to 646A.134
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(1) “Advertisement” means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a lease-purchase agreement. (2) “Cash price” means the price at which the lessor would have sold the property to the consumer for cash on the date of the lease-pur…
ORS 646A.122 Applicability of ORS 646A.120 to 646A.134. (1) Lease-purchase agreements that comply with ORS 646A.120 to 646A.134 are not governed by laws relating to
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(a) A security interest under ORS chapter 79A. (b) A retail installment contract under ORS 83.010 to 83.190. (2) ORS 646A.120 to 646A.134 do not apply to the following: (a) Lease-purchase agreements primarily for business, commercial or agricultural purposes, or those made with g…
ORS 646A.124 General disclosure requirements. (1) The lessor shall disclose to the consumer the information required by ORS 646A.126. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by the disclosures
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(2) The disclosures shall be made at or before consummation of the lease-purchase agreement. (3) The disclosures shall be made clearly and conspicuously in writing and a copy of the lease-purchase agreement shall be provided to the consumer. The disclosures required under ORS 646…
ORS 646A.126 Specific disclosure requirements. For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable
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(1) Whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment and the total number and total dollar amount of all periodic payments necessary to acquire ownership of the property; (2) A statement that the consumer will not own the property un…
ORS 646A.128 Provisions prohibited in lease-purchase agreements. A lease-purchase agreement may not contain
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(1) A confession of judgment; (2) A negotiable instrument; (3) A security interest or any other claim of a property interest in any goods except those goods delivered by the lessor pursuant to the lease-purchase agreement; (4) A wage assignment; (5) A waiver by the consumer of cl…
ORS 646A.130 Reinstatement of lease-purchase agreement by consumer; receipt for each payment. (1) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of
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(a) All past due rental charges; (b) If the property has been picked up, the reasonable costs of pickup and redelivery; and (c) Any applicable late fee, within five days of the renewal date if the consumer pays monthly, or within two days of the renewal date if the consumer pays …
ORS 646A.132 Renegotiation or extension of lease-purchase agreement. (1) A renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures. A renegotiation shall not include
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(a) The addition or return of property in a multiple item agreement or the substitution of the lease property, if in either case the average payment allocable to a payment period is not changed by more than 10 percent; (b) A deferral or extension of one or more periodic payments,…
ORS 646A.134 Disclosures required in advertisement for lease-purchase agreements. (1) If an advertisement for a lease-purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable
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(a) That the transaction advertised is a lease-purchase agreement; (b) The total of payments necessary to acquire ownership; and (c) That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid. (2) Any owner or personnel of any me…
ORS 646A.140 Definitions for ORS 646A.140 and 646A.142. As used in this section and ORS 646A.142
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(1) “Authorized driver” means: (a) The person renting the vehicle; (b) The spouse of the person renting the vehicle, if the spouse is a licensed driver and meets any minimum age requirements contained in the rental agreement; (c) The employer or coworker of the person renting the…
ORS 646A.142 Rental vehicle collision damage waiver notice. (1) Every auto rental company doing business in the State of Oregon that offers collision damage waivers shall post a sign approved by the Department of Consumer and Business Services which states “OUR CONTRACTS OFFER OPTIONAL COLLISION DAMAGE WAIVERS AT AN ADDITIONAL COST.”
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(2)(a) No rental company shall sell or offer to sell to a renter a collision damage waiver as part of a rental agreement unless the renter is provided the following written notice in at least 10-point type: _________________________________________________________________________…
ORS 646A.150 Applicability of ORS 646A.150 to 646A.172. (1) ORS 646A.150 to 646A.172
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(a) Create a legal framework within which service contracts may be sold in this state; (b) Encourage innovation in the marketing and development of more economical and effective means of providing services under service contracts, while placing the risk of innovation on the oblig…
ORS 646A.152 Definitions for ORS 646A.150 to 646A.172. As used in ORS 646A.150 to 646A.172
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(1) “Maintenance agreement” means a contract of limited duration that provides for scheduled maintenance only. (2)(a) “Obligor” means a person that is contractually obligated to the service contract holder to provide service under a service contract. (b) “Obligor” does not includ…
ORS 646A.154 Service contract defined; registration; proof of financial stability; bond; action; rules; applicability of Insurance Code. (1)(a) For the purposes of this section, a service contract is a contract or agreement to perform or indemnify for a specific duration the repair, replacement or maintenance of property for operational or structural failure that results from a defect in materials, workmanship or normal wear and tear, with or without an additional incidental provision to pay indemnity under limited circumstances, including but not limited to rental and emergency road service. A service contract may also provide for
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(A) Repairing, replacing or maintaining property for damage that results from lightning, power surges or accidental damage from handling; (B) Repairing or replacing tires or wheels on a motor vehicle damaged as a result of contacting a road hazard; (C) Removing dents, dings, crea…
ORS 646A.156 Required contents of service contracts. A service contract issued, sold or offered for sale in this state shall meet the following requirements
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(1) The service contract shall be written in clear, understandable language. (2) The service contract shall identify the obligor and the service contract seller. (3) If prior approval of repair work is required, the service contract shall state the procedure for obtaining prior a…
ORS 646A.158 Prohibited conduct. (1) A service contract seller or obligor shall not in a misleading or deceptive manner use in its name, contracts or literature, the words insurance, casualty, guaranty, surety, mutual or any other words descriptive of the insurance, casualty, guaranty, surety or mutual business
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(2) In the offer or sale of any service contract, a person may not: (a) Make, issue, circulate or cause to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any service contract sold or to be sold or the benefits or adva…
ORS 646A.160 Service contract obligor as agent of insurer; indemnification or subrogation rights of insurer. (1) An obligor is considered to be the agent of the insurer that issued the reimbursement insurance policy. If a service contract seller acts as an obligor and enlists other service contract sellers, the service contract seller acting as the obligor shall notify the insurer of the existence and identities of the other service contract sellers
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(2) An insurer that issues a reimbursement insurance policy may seek indemnification or subrogation against a service contract seller if the issuer pays or is obligated to pay the service contract holder sums that the service contract seller was obligated to pay pursuant to the p…
ORS 646A.162 Investigation of violations; inspection of records; subpoenas; discontinue or desist order; civil penalties. (1) The Director of the Department of Consumer and Business Services may, upon a reasonable belief that a violation of ORS 646A.154, 646A.156 or 646A.158 has occurred, make necessary public and private investigations within or without this state to determine whether any person has violated those provisions
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(2) In connection with any investigation conducted pursuant to subsection (1) of this section, a service contract seller or obligor, upon written request of the director, shall make available to the director its service contract records for inspection and copying. The records tha…
ORS 646A.164 Complaints and investigations confidential; exceptions. (1) Except as provided in subsection (3) of this section, a complaint made to the director against any person regulated by ORS 646A.150 to 646A.172, 742.390 and 742.392, and the record thereof, shall be confidential, and shall not be disclosed or available for public inspection or review. No such complaint, or the record thereof, shall be used in any action, suit or proceeding except to the extent it is essential to the prosecution of apparent violations of ORS 646A.150 to 646A.172, 742.390 and 742.392
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(2) Except as provided in subsection (3) of this section, data gathered pursuant to any investigation by the director shall be confidential, and shall not be disclosed or available for public inspection or review. The data shall not be used in any action, suit or proceeding excep…
ORS 646A.166 Refusal to continue or suspension or revocation of registration. The Director of the Department of Consumer and Business Services may refuse to continue or may suspend or revoke an obligor’s registration if the director finds after a hearing that
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(1) The obligor has intentionally engaged in a pattern or practice of failing to comply with any lawful order of the director relating to a prior violation of ORS 646A.158 (3)(c). (2) The obligor fails to meet or maintain the financial stability requirements set forth in ORS 646A…
ORS 646A.168 Assessment fee; rules; purpose; registration fee. (1) Each obligor that issues a service contract to a resident of this state shall pay an assessment not to exceed $1,000 to the Director of the Department of Consumer and Business Services for the purpose of supporting the legislatively authorized budget of the department for administering ORS 646A.150 to 646A.172, 742.390 and 742.392. The director shall determine by rule the basis of assessment, the amount or rate of assessment and when assessments shall be paid
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(2) The fee prescribed by the director for registration under ORS 646A.154 shall not exceed $200 per obligor per year. [Formerly 646.281]
ORS 646A.170 Remedies not exclusive. The application of any remedy under any provision of ORS 646A.150 to 646A.172, 742.390 and 742.392 shall not preclude the application of any other remedy under ORS 646A.150 to 646A.172, 742.390 and 742.392 or any other provision of law. The application of any remedy under any provision of law shall not preclude the application of any remedy under ORS 646A.150 to 646A.172, 742.390 and 742.392. [Formerly 646.283]
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[Repealed or reserved.]
ORS 646A.172 Rules; exemption of certain obligors. (1) The Director of the Department of Consumer and Business Services may adopt rules necessary to implement ORS 646A.150 to 646A.172
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(2) The director may by rule exempt certain obligors or service contract sellers or specific classes of service contracts that are not otherwise exempt under ORS 646A.150 (2) from any provision of ORS 646A.150 to 646A.172, 742.390 and 742.392. The director may include in the rule…
ORS 646A.200 Definitions for ORS 646A.202 and 646A.204. As used in ORS 646A.202 and 646A.204
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(1) “Credit card” has the meaning given that term in ORS 646A.212. (2) “Debit card” has the meaning given “debit instrument” in 15 U.S.C. 1693n. [Formerly 646.886]
ORS 646A.202 Payment processing systems. A person may not sell, lease or rent a payment processing system that provides a customer receipt that shows more information about a customer than the customer’s name and five digits of the customer’s credit or debit card number. [Formerly 646.887]
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[Repealed or reserved.]
ORS 646A.204 Customer information. (1) In a credit or debit card transaction with a customer, a person may not create a customer receipt that shows more information about a customer than the customer’s name and five digits of the customer’s credit or debit card number
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(2) A person that creates or retains a copy of a receipt containing more information about a customer than the customer’s name and five digits of the customer’s credit or debit card number shall shred, incinerate or otherwise destroy the copy on or before the sooner of: (a) The d…
ORS 646A.206 Rules. The Attorney General may adopt rules under ORS chapter 183 to carry out the provisions of ORS 646A.200, 646A.202 and 646A.204. [Formerly 646.889]
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(Numbers, Expiration Dates or Personal Information in Credit or Debit Card Transactions)
ORS 646A.210 Requiring credit card number as condition for accepting check or share draft prohibited; exceptions. (1) A person shall not require as a condition of acceptance of a check or share draft, or as a means of identification, that the person presenting the check or share draft provide a credit card number or expiration date, or both, unless the credit is issued by the person requiring the information
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(2) Subsection (1) of this section shall not prohibit a person from: (a) Requesting a person presenting a check or share draft to display a credit card as indicia of creditworthiness and financial responsibility or as a source of additional identification; (b) Recording the type …
ORS 646A.212 “Credit card” defined. As used in ORS 646A.210 and 646A.214, “credit card” has the meaning given that term under the federal Consumer Credit Protection Act (P.L. 90-321, 82 Stat. 146, 15 U.S.C. 1602). [Formerly 646.893]
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[Repealed or reserved.]
ORS 646A.214 Verification of identity in credit or debit card transactions. (1) A merchant that accepts a credit card or debit card for a transaction may require that the credit card or debit card holder provide personal information, other than the personal information that appears on the face of the credit card or debit card, for the purposes of verification of the card holder’s identity. The merchant may not write the information on the credit card or debit card transaction form
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(2) This section may not be construed to prevent a merchant from requesting and keeping in written form information necessary for shipping, delivery or installation of purchased goods or services, or for warranty when the information is provided voluntarily by a credit card or de…
ORS 646A.220 Credit card solicitation; required disclosure; definitions. (1) Every solicitation for the issuance of a credit card shall disclose the following information concerning the credit card account
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(a) The annual percentage rate or rates applicable to the credit card account. If the rate or rates are variable, the solicitation shall disclose that fact and shall further disclose either the rate or rates on a specified date or the index from which the rate or rates are determ…
ORS 646A.222 Charge card solicitation; required disclosure; definitions. (1) A charge card solicitation shall disclose clearly and conspicuously the annual fees and other charges, if any, applicable to the issuance or use of the charge card
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(2) As used in this section: (a) “Charge card” means any card, plate or other credit device under which the issuer of the charge card extends credit to the card holder that is not subject to a finance charge and the card holder does not have automatic access to credit repayable i…
ORS 646A.230 Action by Attorney General or district attorney; civil and criminal penalties. (1)(a) The Attorney General or a district attorney may bring an action in the name of the state against a person to restrain and prevent a violation of ORS 646A.202, 646A.204, 646A.220 or 646A.222
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(b) The Attorney General or a district attorney may in the name of the state seek and obtain a civil penalty from a person that violates an order or injunction issued pursuant to this subsection. (2)(a) A person that violates an order or injunction issued pursuant to subsection (…
ORS 646A.232 Effect of compliance with federal law. A person who is in compliance with the requirements of the Fair Credit and Charge Card Disclosure Act, (Public Law 100-583), shall also be considered in compliance with the requirements of ORS 646A.220 and 646A.222. [Formerly 646.901]
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(Extension of Credit)
ORS 646A.240 Treatment of child support obligations by creditor in applications for extensions of credit. In evaluating applications for extensions of credit, a creditor may not
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(1) Treat an applicant’s obligation to pay child support more adversely than the creditor treats or would treat another obligation for the same amount, terms and duration as the child support obligation; or (2) Deny an application solely because the applicant used the applicant’s…
ORS 646A.242 “Creditor” defined. As used in ORS 646A.240 to 646A.244, “creditor” means a person who, in the ordinary course of the person’s business, regularly permits debtors to defer payment of their debts, or to incur debt and defer the payment thereof, and in either case, to pay the same with a finance charge or in more than four installments. [Formerly 646.863]
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[Repealed or reserved.]
ORS 646A.244 Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses. (1) Except as provided in subsection (2) of this section, a person who is adversely affected by a creditor’s violation of ORS 646A.240 shall have a cause of action to recover compensatory damages against the creditor and may also apply to a court for an injunction to prevent the creditor’s further violation of ORS 646A.240. If the damages are awarded, or an injunction granted, the person shall be entitled to reasonable attorney fees at trial and on appeal, as determined by the court in addition to costs and necessary disbursements
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(2) A creditor shall have no liability for compensatory damages, attorney fees or otherwise and no injunction shall issue: (a) Where the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the ma…
ORS 646A.250 [Formerly 646.380; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.252 [Formerly 646.382; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.254 [Formerly 646.384; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.256 [Formerly 646.386; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.258 [Formerly 646.388; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.260 [Formerly 646.390; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.262 [Formerly 646.392; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.264 [Formerly 646.394; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.266 [Formerly 646.396; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.268 [Formerly 646.397; repealed by 2009 c.604 §27]
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[Repealed or reserved.]
ORS 646A.270 [Formerly 646.398; repealed by 2009 c.604 §27]
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(Gift Cards)
ORS 646A.274 Definitions for ORS 646A.276 and 646A.278. As used in ORS 646A.276 and 646A.278
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(1)(a) “Gift card” means a prefunded record evidencing a promise that the issuer will provide goods or services to the owner of the record in the amount shown in the record. (b) “Gift card” does not mean prepaid telephone calling cards, prepaid commercial mobile radio services as…