Title 50, Trade Regulations and Practices

(1) If it appears to the Attorney General that a manufacturer has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS 646A.009, or that could lead to the discovery of relevant information in an i…

(1) The Attorney General may bring a civil action in the name of the state in any court of appropriate jurisdiction to: (a) Impose a civil penalty under ORS 646A.028 for violations of ORS 646A.009; or (b) Obtain an injunction to restrain violations of ORS 646A.009. (2) Civil pena…

In addition to any other penalty provided by law, a manufacturer that sells or offers for sale a cosmetic in violation of ORS 646A.009 incurs a civil penalty of not more than $5,000 for the first day of the violation and not more than $1,000 for each day that the violation contin…

As used in ORS 646A.030 to 646A.042, unless the context requires otherwise: (1) “Business day” means any day except a Sunday or a legal holiday. (2) “Buyer” means a person who purchases health spa services. (3) “Conspicuous” has the meaning given that term in ORS 71.2010 (2)(j). …

(1) Each health spa shall prepare and provide to each prospective buyer a written list of prices of all forms or plans of health spa services offered for sale by the health spa. (2) A health spa may not sell any form or plan of health spa services not included in the list. [Forme…

A contract for the sale of health spa services must be in writing and a copy must be given to the buyer at the time the buyer signs the contract. The contract must contain all of the following: (1) Identification of the person providing the health spa services. (2) A description …

Upon request, a health spa must deliver to a prospective buyer copies of the contract required by ORS 646A.034, and the rules of the health spa if not stated in the contract, and must allow the prospective buyer to retain the copies so provided. [Formerly 646.676]

(1) All moneys paid to a health spa by a buyer prior to the opening of the facility shall promptly be deposited by the health spa in a trust account, maintained by the health spa for the purpose of holding such moneys for the buyer, in a bank, savings and loan association, mutual…

A health spa shall not request a buyer to waive any provision of ORS 646A.030 to 646A.042. Any waiver by a buyer of any provision of ORS 646A.030 to 646A.042 is contrary to public policy and is void and unenforceable. [Formerly 646.686]

The remedies and obligations provided in ORS 646A.030 to 646A.042 are in addition to any other remedies and obligations, civil or criminal, existing at common law or under the laws of this state. [Formerly 646.691] (Manufactured Dwellings)

As used in this section and ORS 646A.052: (1) “Base price” means the total retail cost of the following unless separately disclosed as described in ORS 646A.052 (2): (a) The manufactured dwelling as provided by the manufacturer; (b) Features added by the dealer, if any; (c) Freig…

(1) A manufactured dwelling dealer who sells a manufactured dwelling shall use a purchase agreement form that complies with this section and rules adopted in accordance with ORS 646A.054. (2) The purchase agreement shall include the base price and a written itemization that clear…

The Department of Justice may adopt rules necessary and proper for the administration and enforcement of ORS 646A.052. [Formerly 646.404] (Purchase of Used Goods)

(1) A person doing business as a consignment store, a buy-sell store, a secondhand store or a similar store or enterprise that in the regular course of business buys used goods from individuals for the purpose of resale shall: (a) Require that the individual from whom the person …

A person that violates ORS 646A.060 (1) commits a Class B violation. [Formerly 646.849; 2009 c.811 §14]

As used in ORS 646A.064 to 646A.067: (1) “Item of precious metal” means an item that consists of or incorporates gold in eight karat or greater purity, silver, platinum or palladium. “Item of precious metal” does not include dental gold, unrefined metal ore, an electronic product…

(1) A precious metal secondhand dealer in this state shall maintain the following records with respect to each transaction conducted by the dealer: (a) The full name, date of birth, current telephone number, current address and signature of the seller; (b) The type and identifica…

(1) ORS 646A.064 to 646A.067 do not apply within the jurisdiction of any city or county that the Secretary of State has identified as having in effect an ordinance that imposes on precious metal secondhand dealers: (a) Substantially equivalent or more stringent record keeping req…

A city or county in this state may not require a precious metal secondhand dealer in this state who is also a pawnbroker licensed under ORS chapter 726 to provide a photograph of an item of precious metal acquired through a transaction. [2012 c.99 §4]

(1) A person that violates the provisions of ORS 646A.065 commits a Class C violation. (2) Notwithstanding subsection (1) of this section, a person that violates the provisions of ORS 646A.065 three or more times commits a Class A violation for each subsequent violation. (3) Notw…

(1) Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges or private automatic branch exchanges of not more than a 20-station capacity shall disclose clearly, in writing, when reasonable, before sale all of the follow…

(1) The requirement of disclosure under ORS 646A.070 does not apply: (a) To any medium of advertising that accepts advertising in good faith without knowledge that the advertising violates any requirement under ORS 646A.070. (b) To the sale or the offering for sale of radio equip…

(1) As used in this section: (a) “Animal rescue entity” has the meaning given that term in ORS 609.415. (b) “Cat” means a member of the species Felis catus. (c) “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies. (d) “Litter” means one or…

(1) As used in this section: (a) “Litter” means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time. (b) “Pet dealer” means, except as provided in paragraph (c) of this subsection, a person that sells f…

(1) A person may not sell or offer for sale a novelty item that contains encapsulated liquid mercury. (2) Upon notification to the Department of Environmental Quality by any person that a novelty item for sale in the state contains encapsulated liquid mercury, the department shal…

(1) As used in this section: (a) “Mercury vapor lighting fixture” means an artificial illumination device that produces a high-intensity discharge of light by passing electricity through mercury vapor. (b) “Outdoor lighting fixture” has the meaning given that term in ORS 757.765.…

(1) Any person engaging in floral retail sales shall disclose the person’s principal place of business in any written communications sent to customers, listings, advertising or websites that provide information about the person’s floral retail sales activities. (2) A person who v…

(1) As used in this section: (a) “Distributor” means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sales, license or any other agreement to sell rights to exhibit a motion picture. (b) “Exhibitor” means any person engaged…

(1) A person that offers or sells goods or services online may not advertise, display or offer a price for the goods or services that does not include all fees or charges that a purchaser must pay to complete a transaction for the goods or services other than: (a) Taxes or fees t…

(1) As used in this section: (a) “Buyer” means a person that purchases a motor vehicle from a seller or leases a motor vehicle from a lessor. (b) “Final approval of funding” means a lender’s irrevocable agreement to purchase a retail installment contract or lease agreement from a…

(1) As used in this section: (a) “Advertisement” means any public notice or announcement of a motor vehicle for sale or lease. (b) “Motor vehicle” has the meaning given that term in ORS 801.360, except that “motor vehicle” does not include commercial vehicles, as defined in ORS 8…

(1) As used in this section: (a) “Advertise” means to communicate about a consumer good by newspaper, radio, television, handbill, placard or other print, broadcast or electronic medium within this state for the purpose of selling the consumer good. (b) “Consumer goods” means goo…

(1) Whenever the purchaser of a product sold at retail is offered ongoing technical support or service relating to the operation or use of the product, and the support or service is offered exclusively or in part through an information delivery system, the product or package of t…

(1) As used in this section: (a) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount per order or per sale. (b) “Principal” means a …

As used in ORS 646A.100 to 646A.110: (1) “Affiliated business” means a business or business location that is directly or indirectly controlled by, or under common control with, the business location listed in a notice of intent or that has a common ownership interest in the merch…

(1) Except as provided in subsection (3) of this section, a person may not sell, offer for sale or advertise for sale merchandise at a going out of business sale unless the person displays a notice of intent at the business location where the person intends to conduct the going o…

A notice of intent must include: (1) The name, address, telephone number and signature of the owner of the merchandise that will be sold at the going out of business sale. If the owner is a corporation, trust, unincorporated association, partnership or other legal entity, the not…

A person may not conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under ORS 646.608 or 646A.100 to 646A.110. [2007 c.820 §4]

(1) A person that intends to conduct a going out of business sale may not transfer merchandise from an affiliated business or business location to the location of the sale. (2) A person, after displaying a notice of intent at a business location where the person intends to conduc…

(1) ORS 646.608 (1)(ddd), 646A.100 to 646A.110 and 646A.112 apply only to persons who engage in the retail sale of merchandise in the regular course of their business. (2) ORS 646.608 (1)(ddd), 646A.100 to 646A.110 and 646A.112 do not apply to public officials acting within the s…

(1) As used in this section: (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’…

(1) As used in this section: (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” mea…

As used in ORS 646A.120 to 646A.134: (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 …

(1) Lease-purchase agreements that comply with ORS 646A.120 to 646A.134 are not governed by laws relating to: (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: (…

(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. (2) The disclosures shall be made at or before co…

For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: (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 payme…