Title 50, Trade Regulations and Practices

Violation of ORS 646A.350 is a Class A misdemeanor. [Formerly 646.992] (Other Mailings or Deliveries)

(1) If a person receives on a facsimile machine any unsolicited and unwanted advertising material for the sale of any realty, goods or services, the person may give the sender of such material written notice to discontinue further such transmissions. No person who has received su…

(1) As used in this section: (a) “Exclusion request” means a written request to be excluded from a sweepstakes promotion mailing list or to be placed on a list of persons to whom sweepstakes promotions may not be mailed. (b) “Sweepstakes promotion” has the meaning given that term…

A person may not mail or cause to be sent a check, draft or other payment instrument that, when deposited or cashed, obligates the depositor or payee thereafter to make any payment. This section does not apply to an extension of credit or an offer to lend money. [2007 c.304 §1] A…

As used in ORS 646A.370 to 646A.374: (1) “Automatic dialing and announcing device” means an automated device that selects and dials telephone numbers and that, working alone or in conjunction with a person or another device, disseminates a prerecorded or synthesized voice or text…

(1)(a) A caller may not use an automatic dialing and announcing device in order to call a subscriber by means of a telephone or telephone line unless: (A) The device is designed and operated so as to disconnect within 10 seconds after the subscriber terminates the call; and (B) T…

(1) As used in this section: (a) “Cooperative corporation” means a cooperative corporation or unincorporated association that has a certificate of authority from the Public Utility Commission under ORS 759.025. (b) “Radio common carrier” has the meaning given that term in ORS 759…

Violation of ORS 646A.372 or 646A.374 is an unlawful trade practice that is subject to investigation under ORS 646.618 and is subject to enforcement under ORS 646.632. Notwithstanding the provisions of ORS 646.642, a civil penalty imposed for a violation of ORS 646A.372 or 646A.3…

As used in ORS 646A.400 to 646A.418: (1) “Collateral charge” means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as: (a) A sales, property or use tax; (b) A license, registration or title fee; (c) A finance charge; (d) A prepayment pe…

The remedy under the provisions of ORS 646A.400 to 646A.418 is available to a consumer if: (1) A new motor vehicle does not conform to applicable manufacturer’s express warranties; (2) The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the ma…

(1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the motor vehicle to an applicable manufacturer’s express warranty by repairing or correcting a defect or condition that substantially impairs the use, market value or safety of the …

(1) A manufacturer that takes an action with respect to a motor vehicle under ORS 646A.404 (1)(a) or (b) shall request the Department of Transportation to: (a) Title the motor vehicle in the manufacturer’s name; and (b) Inscribe on the certificate of title for the motor vehicle a…

(1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties if, during the two-year period following the date of original delivery of the motor vehicle to a consumer or during the peri…

If a manufacturer, for the purpose of settling disputes that arise under ORS 646A.400 to 646A.418, establishes or participates in an informal dispute settlement procedure that substantially complies with the provisions of 16 C.F.R. part 703, as in effect on June 23, 2009, and cau…

A manufacturer which has established or participates in an informal dispute settlement procedure shall keep records of all cases submitted to the procedure under ORS 646A.408 and shall make the records available to the Department of Justice if the department requests them. The de…

(1) If a consumer brings an action in court under ORS 646A.400 to 646A.418 against a manufacturer and the consumer is granted one of the remedies specified in ORS 646A.404 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exc…

(1) Except as provided in ORS 646A.405, nothing in ORS 646A.400 to 646A.418 creates a cause of action by a consumer against a vehicle dealer. (2) A manufacturer may not join a dealer as a party in a proceeding brought under ORS 646A.400 to 646A.418, nor may the manufacturer try t…

An action brought under ORS 646A.400 to 646A.418 must be commenced within one year after whichever of the following periods ends earlier: (1) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles; (2) The two-year period following the date o…

Nothing in ORS 646A.400 to 646A.418 is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400…

As used in ORS 646A.430 to 646A.450: (1) “Consumer” means a person in this state who purchases a vehicle protection product or who possesses a vehicle protection product and is entitled to enforce a warranty for the product by reason of the person’s possession. (2) “Reimbursement…

(1) ORS 646A.430 to 646A.450 apply to vehicle protection product warranties that: (a) Accompany vehicle protection products delivered to consumers in this state; and (b) Require the warrantor, to the extent set forth in the warranty, to pay to the consumer expenses related to the…

(1) A person may not offer for sale or sell a vehicle protection product that includes a vehicle protection product warranty unless, at the time of the sale, the seller or a warrantor provides to the consumer: (a) A copy of the vehicle protection product warranty for the vehicle …

(1) A person may not conduct business as a warrantor in this state or make a representation that the person is a warrantor in this state unless the person registers in writing with the Director of the Department of Consumer and Business Services in a form the director prescribes …

(1) A warrantor shall obtain a reimbursement insurance policy from a qualified reimbursement insurer that covers all liability to the consumer under all vehicle protection product warranties a warrantor issues. A qualified reimbursement insurer is: (a) An insurer authorized to tr…

(1) A reimbursement insurance policy for a warranty issued in accordance with ORS 646A.430 to 646A.450 shall have the following provisions: (a) The reimbursement insurer that issues the policy will reimburse or pay on behalf of the warrantor any amounts the warrantor is legally o…

A warrantor may designate a person as an administrator for the warrantor’s vehicle protection product warranties under ORS 646A.430 to 646A.450. [2007 c.685 §7]

(1) A warrantor shall maintain accurate accounts, books and other records for transactions regulated under ORS 646A.430 to 646A.450 and shall make the records available to the Director of the Department of Consumer and Business Services for inspection during normal business hours…

(1) A warrantor may not use in the warrantor’s name: (a) “Casualty,” “surety,” “insurance,” “mutual” or any other word descriptive of the casualty, insurance or surety business; or (b) A name deceptively similar to the name or description of any insurance company, surety corporat…

(1) A warrantor or a warrantor’s representative, in the warrantor’s vehicle protection product warranty or in an advertisement or literature for the warranty, may not: (a) Make, permit or cause to be made any false or misleading statement; or (b) Intentionally omit a material sta…

(1) The Director of the Department of Consumer and Business Services may adopt rules to implement and enforce ORS 646A.430 to 646A.450. (2) The director may investigate warrantors or other persons as reasonably necessary to enforce ORS 646A.430 to 646A.450 and to protect consumer…

The Attorney General may enforce violations of ORS 646A.430 to 646A.450 under ORS 646.608. [2007 c.685 §12] (Warranties on Assistive Devices)

As used in ORS 646A.460 to 646A.476: (1) “Assistive device” or “device” means: (a) Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized posit…

(1) A manufacturer who sells or leases an assistive device, including a demonstrator, to a consumer, either directly or through a dealer, shall furnish, at a minimum, an express warranty that the device shall be free from any nonconformity. The manufacturer shall set forth the wa…

(1)(a) If a new assistive device or demonstrator does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the dealer who sold or leased the device or any authorized dealer and makes the assistive device available for repai…

If a nonconformity develops in a new assistive device or demonstrator, the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer: (1) In the case of a sale, refund to the consumer and to any holder of a perfected securi…

(1) To receive the refund or replacement described in ORS 646A.466, the consumer shall offer to the manufacturer of the assistive device, the dealer who sold or leased the device or any authorized dealer to transfer possession of the device having the nonconformity. The manufactu…

(1) An assistive device returned by a consumer or dealer in this state, or by a consumer or dealer in another state under a similar law of that state, may not be sold or leased again in this state unless full disclosure of the reasons for return is made to the prospective buyer o…

(1) A consumer shall have the option of submitting any dispute arising under ORS 646A.460 to 646A.476 to a dispute resolution procedure. A manufacturer shall submit to the dispute resolution procedure. (2) The procedure shall provide at a minimum the right of each party to presen…

ORS 646A.460 to 646A.476 shall not be construed as limiting rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights provided by ORS 646A.460 to 646A.476 is void. [Formerly 646.496]

(1) In addition to pursuing any other remedy, a consumer may bring a private cause of action to recover damages caused by a violation of any provision of ORS 646A.460 to 646A.476. The court shall award a consumer who prevails in such an action pecuniary loss and noneconomic damag…

As used in ORS 646A.480 to 646A.495: (1)(a) “Motor vehicle” means a self-propelled device, other than a motor home, that is used: (A) To transport persons or property upon a public highway; and (B) For personal, family or household purposes. (b) “Motor vehicle” does not include a…

(1) A vehicle repair shop shall prepare an estimate of the cost of work the vehicle repair shop proposes to perform on a motor vehicle before beginning the work. The vehicle repair shop not later than before receiving final payment shall give a copy of the estimate, either as a s…

(1) Except as provided in subsection (2) of this section, a vehicle repair shop may not take any of the following actions if an estimate prepared under ORS 646A.482 shows that taking the action will cost the owner or the owner’s designee more than $200: (a) Evaluate the condition…

(1) A vehicle repair shop may not: (a) Charge a person for work not performed on a motor vehicle even if the work is shown on an estimate for which the vehicle repair shop has obtained an authorization from the owner or the owner’s designee. (b) Provide or install used parts or a…

(1) An owner may designate a person as the owner’s designee: (a) In writing, either on the estimate prepared under ORS 646A.482 or by means of a separate document. The owner shall sign a written designation made in accordance with this paragraph. If the designation is a separate …

(1) The Legislative Assembly finds that: (a) The disability and death of infants resulting from injuries sustained in crib accidents are a serious threat to the public health, welfare and safety of the people of this state; (b) Infants are an especially vulnerable class of people…

ORS 646A.500 to 646A.514 may be referred to as the Infant Crib Safety Act. [Formerly 646.501]

As used in ORS 646A.500 to 646A.514: (1) “Commercial user” means any person, firm, corporation, association or nonprofit corporation, or any agent or employee of a person, firm, corporation, association or nonprofit corporation, including child care facilities or family child car…

(1) A commercial user may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce: (a) A crib that is unsafe for an infant using the crib; or (b) A crib bumper pad. (2) A crib is presumed to be unsafe pursuant to O…

(1) A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) commits a Class A violation. (2) An individual who willfully and knowingly sells, leases or otherwise places i…