Title 50, Trade Regulations and Practices

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: (1) The obligor has intentionally engaged in a pattern or practice of failing to comply with any …

(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 adm…

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 pro…

(1) The Director of the Department of Consumer and Business Services may adopt rules necessary to implement ORS 646A.150 to 646A.172. (2) The director may by rule exempt certain obligors or service contract sellers or specific classes of service contracts that are not otherwise e…

As used in ORS 646A.202 and 646A.204: (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]

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]

(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. (2) A person that creates or retains a copy o…

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] (Numbers, Expiration Dates or Personal Information in Credit or Debit Card Transactions)

(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 requirin…

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]

(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 verific…

(1) Every solicitation for the issuance of a credit card shall disclose the following information concerning the credit card account: (a) The annual percentage rate or rates applicable to the credit card account. If the rate or rates are variable, the solicitation shall disclose …

(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. (2) As used in this section: (a) “Charge card” means any card, plate or other credit device under which the iss…

(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. (b) The Attorney General or a district attorney may in the name of the state seek …

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] (Extension of Credit)

In evaluating applications for extensions of credit, a creditor may not: (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 …

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 charg…

(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 …

As used in ORS 646A.276 and 646A.278: (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, prepa…

(1) Except as provided in subsection (2) of this section and ORS 646A.278, a person may not sell a gift card: (a) That has an expiration date; (b) That has a face value that declines as a result of the passage of time or the lack of use of the card; (c) That has a fee related to …

A person may sell a gift card that has an expiration date if: (1) The gift card bears, in at least 10-point type, the words “EXPIRES ON” or “EXPIRATION DATE” followed by the date on which the card expires; (2) The person sells the gift card at a cost below the face value of the c…

As used in ORS 646A.280 to 646A.290: (1) “Invoice” means a document containing an itemized list of previously ordered goods or services and an amount or amounts of money owed by the recipient of the document. (2) “Recipient” means the person to whom an invoice or simulated invoic…

It is unlawful for any person to utter a simulated invoice if: (1) A reasonable recipient could, under all the circumstances of its receipt, mistake the simulated invoice for an invoice; or (2) The person knows or reasonably should know that a recipient could mistake the simulate…

(1) The Attorney General shall have a cause of action against any person who violates ORS 646A.282. (2) If the Attorney General prevails, the court shall enter judgment against the defendant for: (a) Each simulated invoice uttered in this state, for the greater of: (A) Three time…

(1) A recipient of a simulated invoice who has suffered any ascertainable loss as a result shall have a cause of action against any person who violates ORS 646A.282. (2) If the recipient prevails, the court shall enter judgment against the defendant for: (a) The greater of: (A) T…

In any action brought under ORS 646A.284 or 646A.286, the following presumptions apply: (1) A simulated invoice that has been paid by five or more persons could be mistaken for an invoice by a reasonable recipient. (2) A person knows that a simulated invoice uttered simultaneousl…

(1) The provisions of ORS 646A.280 to 646A.290 shall be liberally construed to effectuate its remedial purposes. (2) The remedy provided by ORS 646A.280 to 646A.290 is in addition to any other remedy, civil or criminal, that may be available under any other provision of law. Clai…

It is the intent of the Legislative Assembly to end the practice of ongoing charging of consumer credit or debit cards or third party payment accounts without the consumers’ explicit consent for ongoing shipments of a product or ongoing deliveries of service. [2011 c.509 §1]

As used in this section and ORS 646A.295: (1) “Automatic renewal” means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term. (2) “Clear and conspicuous” means in larger type than t…

(1) It is unlawful for a person that makes an automatic renewal or continuous service offer to a consumer in this state to do any of the following: (a) Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before a s…

As used in ORS 646A.300 to 646A.322: (1) “Catalog” means a catalog published in any medium, including an electronic catalog. (2) “Change in competitive circumstances” means an event, act or omission that has a material detrimental effect on a retailer’s ability to compete with an…

The obligations of a supplier under ORS 646A.300 to 646A.322 apply to the supplier’s successor in interest or assignee. A successor in interest includes a purchaser of assets or shares, a surviving corporation or other entity resulting from a merger or liquidation, a receiver and…

(1) If a retailer agreement is terminated, canceled or discontinued, unless the retailer elects to keep the farm implements, machinery and repair parts under a contractual right to do so, the supplier shall pay the retailer for the farm implements, machinery and repair parts or, …

(1) A supplier shall repurchase the inventory of a retailer, as if the supplier had terminated the retailer agreement, as follows: (a) Upon the death of a retailer whose business is owned as a tenancy by the entirety, at the option of the spouse or the heir or heirs of the retail…

(1) If, upon the cancellation of a retailer agreement by the retailer or the supplier, the supplier fails to make payment as required by ORS 646A.304 or 646A.306, the supplier shall be liable in a civil action to be brought by the retailer or by the retailer’s spouse, heir or hei…

(1) A supplier may not: (a) Coerce or compel any retailer to: (A) Order any farm implements or parts. (B) Accept delivery of farm implements with special features or accessories not included in the base list price of the farm implements as publicly advertised by the supplier. (C)…

(1) As used in this section: (a) “Good cause” means a retailer’s: (A) Failing to comply with a term in a retailer agreement that also appears in a retailer agreement that similarly situated retailers have with the same supplier, including a term that requires the retailer to meet…

(1) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement assigns an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealershi…

Unless otherwise agreed: (1) On a warranty claim, a supplier shall provide reasonable compensation for the retailer’s costs, including but not limited to: (a) Diagnostic services; (b) Repair services; (c) Repair parts; and (d) Labor. (2) For labor on warranty service, a supplier …

(1) A supplier shall approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim. (2) If a supplier does not approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim, the …

Unless otherwise agreed: (1) If a supplier requires a retailer to improve the safety of farm implements or machinery, the supplier shall reimburse the retailer for the costs of parts, labor and transportation that the retailer incurred to make the improvement. (2) If a supplier r…

(1)(a) A party to a retailer agreement that is aggrieved by the conduct of another party to the agreement under ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320 may seek arbitration of the issues under ORS 36.600 to 36.740. Unless the parties agree to different ar…

(1) The manufacturer of a motor vehicle who repurchases the vehicle for any reason shall inform any vehicle dealer to whom the manufacturer subsequently delivers the vehicle for resale that the vehicle has been repurchased by the manufacturer. If the reason for the repurchase was…

The court may award reasonable attorney fees to the prevailing party in an action against a person who has a duty to disclose information under ORS 646A.325. [Formerly 646.876] MAILINGS AND DELIVERIES (Mail Agents)

As used in ORS 646A.340 to 646A.348: (1) “Mail agent” means any person, sole proprietorship, partnership, corporation or other entity who owns, manages, rents or operates one or more mailboxes, as defined in this section, for receipt of United States mail or materials received fr…

(1) A mail agent shall not contract with a tenant to receive United States mail or materials received from or delivered by a private express carrier on the tenant’s behalf if the mail agent knows or should know that the tenant has provided a false name, title or address to the ma…

(1) Except as provided in subsection (5) of this section, a mail agent shall maintain: (a) A surety bond in the sum of $10,000 executed by the mail agent as obligor, together with a surety company authorized to do business in this state as surety; or (b) An irrevocable letter of …

Upon proof by a preponderance of evidence that a mail agent has failed to satisfy any of the mail agent’s duties set forth in ORS 646A.342, the mail agent shall be liable for actual damages caused to any person who sent United States mail or materials received from or delivered b…

(1) The Attorney General may bring an action in the name of the state against any mail agent for violation of ORS 646A.342 or 646A.344. Upon proof by a preponderance of the evidence of a violation of ORS 646A.342 or 646A.344, a mail agent shall forfeit and pay a civil penalty of …

No person shall deliver, or cause to be delivered, any hazardous substance, as defined in ORS 453.005 (7), to any residential premises without the prior consent of any occupant of such premises. [Formerly 646.870]