Title 50, Trade Regulations and Practices

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…

A lease-purchase agreement may not contain: (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 as…

(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: (a) All past due rental charges; (b) If the property has been picked up, the reasonable costs of pickup a…

(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: (a)…

(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: (a) That the …

As used in this section and ORS 646A.142: (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 empl…

(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.” (2)(…

(1) ORS 646A.150 to 646A.172: (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 r…

As used in ORS 646A.150 to 646A.172: (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 co…

(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 …

A service contract issued, sold or offered for sale in this state shall meet the following requirements: (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 …

(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.…

(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 th…

(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 ha…

(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 o…