Title 50, Trade Regulations and Practices

(1) A manufacturer that fails to report or provide information as required by ORS 646A.689 may be subject to a civil penalty as provided in this section. (2) The Department of Consumer and Business Services shall adopt a schedule of penalties, not to exceed $10,000 per day of vio…

(1) The Prescription Drug Affordability Board is established in the Department of Consumer and Business Services to protect residents of this state, state and local governments, commercial health plans, health care providers, pharmacies licensed in this state and other stakeholde…

(1) The Department of Consumer and Business Services shall provide to the Prescription Drug Affordability Board each calendar year a list of prescription drugs included in reports submitted to the department under ORS 646A.689 (2) and (6), a list of drugs included in reports subm…

(1) The Department of Consumer and Business Services shall adopt by rule, in consultation with the Prescription Drug Affordability Board, annual fees to be paid by manufacturers of prescription drugs that are sold in this state. The fees shall be established in amounts necessary …

No later than December 31 of each year, the Prescription Drug Affordability Board shall report to the Health Care Cost Growth Target program established in ORS 442.386 and to the interim committees of the Legislative Assembly related to health, in the manner provided in ORS 192.2…

(1) As used in this section, “generic drug” means: (a) A retail drug that is marketed or distributed in accordance with an abbreviated new drug application approved under 21 U.S.C. 355(j); (b) An authorized generic as defined by 42 C.F.R. 447.502; or (c) A drug that entered the m…

ORS 646A.702 to 646A.720 and 646A.725 to 646A.750 may be cited as the Mortgage Rescue Fraud Protection Act. [2008 c.19 §1]

As used in ORS 646A.702 to 646A.720: (1) “Default” means having one or more homeowner obligations in arrears to an extent that a notice of default could properly be recorded against the residence. (2) “Family” means a spouse, domestic partner, parent, stepparent, grandparent, chi…

The following are not foreclosure consultants for purposes of ORS 646A.702 to 646A.720: (1) An individual licensed to practice law in this state, if performing services within an attorney-client relationship. (2) A person that holds or is owed an obligation that is secured by a l…

(1) A written foreclosure consulting contract is required for any services that a foreclosure consultant provides to a homeowner. A foreclosure consultant shall provide a homeowner with a copy of the foreclosure consulting contract at least 24 hours before the homeowner signs the…

(1) In addition to any other cancellation or rescission right, a homeowner may cancel a foreclosure consulting contract as provided under this section at any time. (2) Cancellation under this section occurs when the homeowner gives written notice of cancellation to the foreclosur…

A foreclosure consultant may not: (1) Claim, demand, charge, collect or receive any compensation from a homeowner unless the foreclosure consultant has performed in good faith under the contract: (a) Each service the foreclosure consultant contracted to perform for the homeowner;…

As used in ORS 646A.725 to 646A.750: (1) “Bona fide purchaser” means a person that purchases a residential real property from an equity purchaser: (a) For valuable consideration; (b) In good faith; (c) Without knowledge of any continuing right to, or equity in, the property by th…

The following are not equity purchasers for purposes of ORS 646A.725 to 646A.750: (1) A party to a deed in lieu of foreclosure. (2) A creditors’ committee, trustee or debtor in possession participating in a proceeding under the jurisdiction of the United States Bankruptcy Court. …

(1) A written contract is required for every equity conveyance. An equity purchaser shall provide an equity seller with a copy of the equity conveyance contract at least 24 hours before the equity seller signs the contract. The equity conveyance contract must: (a) Be written in a…

(1) In addition to any other cancellation or rescission right, an equity seller may cancel an equity conveyance contract as provided under this section before the earlier of: (a) Midnight of the third business day after the equity seller signs a document purporting to transfer an…

(1) An equity purchaser shall: (a) Prior to an equity seller signing an equity conveyance contract: (A) Verify and be able to demonstrate that the equity seller has or will have a reasonable ability to pay for the subsequent reconveyance of the residential real property interest …

(1) For purposes of determining whether an equity purchaser has violated ORS 646A.745 (1)(a), there is a rebuttable presumption that: (a) An equity seller has or will have a reasonable ability to pay for a subsequent reconveyance of a residential real property if, on the date the…

ORS 646A.725 to 646A.750 do not preclude an equity seller from: (1) Seeking to have a transfer of interest under an equity conveyance declared to be an equitable mortgage; or (2) Asserting any claim against an equity purchaser for an equitable mortgage. [2008 c.19 §15]

(1) As used in this section, “equity seller” has the meaning given that term in ORS 646A.725. (2) In addition to any action by the Attorney General under ORS 646.607 or any other cause of action, an equity seller may bring an action for damages incurred by the equity seller resul…

Violation of a provision of ORS 646A.702 to 646A.720 or 646A.725 to 646A.750 is a Class A misdemeanor. [2008 c.19 §18; 2011 c.597 §260] GUARANTEED ASSET PROTECTION WAIVERS

As used in ORS 646A.770 to 646A.787: (1) “Borrower” means an individual who enters into a finance agreement that is secured by a motor vehicle or who, in connection with purchasing or leasing a motor vehicle, incurs an obligation to pay money to a creditor under terms and conditi…

(1)(a) A guaranteed asset protection waiver is not insurance and is not subject to the provisions of the Insurance Code. A person, other than an insurer, that sells a guaranteed asset protection waiver in compliance with ORS 646A.770 to 646A.787 does not become subject to the Ins…

A person may not sell a guaranteed asset protection waiver in connection with a sale of a motor vehicle that is used for personal, family or household purposes unless, at the time of the sale: (1) The person discloses, in writing and in plain and easily understandable language: (…

(1) A guaranteed asset protection waiver must determine the amount that a creditor waives under the terms of the guaranteed asset protection waiver in accordance with the following methods: (a) If primary motor vehicle insurance or third party liability insurance covers the amoun…

(1)(a) A guaranteed asset protection waiver may provide that a borrower may cancel the guaranteed asset protection waiver after the evaluation period expires or that the guaranteed asset protection waiver expires if the finance agreement terminates early. If the guaranteed asset …

(1)(a) A creditor other than a person that sells a guaranteed asset protection waiver in connection with a retail sale of a motor vehicle may insure a guaranteed asset protection waiver with a reimbursement insurance policy. (b) A person that sells a guaranteed asset protection w…

(1) A person that is subject to ORS 646A.770 to 646A.787 shall act in a fiduciary capacity with respect to funds the person receives or holds for the benefit of another person. (2) A person that sells a guaranteed asset protection waiver in connection with a retail sale of a moto…

A violation of a provision of ORS 646A.770 to 646A.787 is an unlawful practice under ORS 646.608. [2015 c.523 §8] MISCELLANEOUS

(1) As used in this section: (a) “Cable service” means: (A) One-way transmission to subscribers of a video programming service; (B) Two-way interactive service delivered over a cable system; or (C) Any communication with subscribers necessary for the selection and use of video pr…

(1) As used in this section: (a) “Hospice program” has the meaning given that term in ORS 443.850. (b) “Personal representative” has the meaning given that term in ORS 111.005. (c) “Residential cable service” means the transmission of any communication to a residential customer o…

(1) As used in this section: (a) “Contest” means a procedure for awarding a prize in which the outcome depends at least in part on the skill of the contestant. “Contest” includes any competition in which a person is required to purchase anything, pay anything of value or make a d…

(1) A person shall comply with subsection (2) of this section if the person: (a) Operates a website that disseminates photographic records of arrested individuals made by law enforcement agencies pursuant to ORS 181A.160 or otherwise as part of routinely documenting an arrest; an…

(1) As used in this section, “personal information” has the meaning given that term in ORS 646A.602. (2)(a) A person may not use a website, electronic mail message, text message or other electronic means to solicit, request or otherwise induce another person to provide personal i…

(1) As used in this section: (a) “Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person. (b) “Complaint” means a document or a copy of a document that a person or the pe…

(1) As used in this section: (a) “Connected device” means a device or other physical object that: (A) Connects, directly or indirectly, to the Internet and is used primarily for personal, family or household purposes; and (B) Is assigned an Internet Protocol address or another ad…

(1) As used in this section: (a) “Beneficiary” has the meaning given that term in ORS 408.010. (b) “Compensation” means money, a financial benefit or an item of value. (c) “Unreasonable fee” means a fee that a court determines to be unreasonable compensation for a service or func…

As used in ORS 646A.820 to 646A.838: (1) “Customer” means a person that purchases or leases portable electronics. (2) “Enrolled customer” means a customer that purchases portable electronics insurance coverage from a vendor policyholder. (3) “Insurer” means an insurer as defined …

(1) A vendor may not issue, sell or offer for sale portable electronics insurance coverage unless the vendor has been issued a limited license by the Department of Consumer and Business Services under this section. (2)(a) An application for a limited license under this section mu…

(1) A vendor policyholder may bill and collect the cost of portable electronics insurance coverage purchased by an enrolled customer. Any charge to the enrolled customer for coverage that is not included in the cost to the enrolled customer to purchase or lease portable electroni…

A vendor policyholder shall make available to prospective customers of portable electronics written materials that disclose: (1) That portable electronics insurance coverage may duplicate coverage already held by the customer, including but not limited to homeowner’s insurance or…

(1) An employee, agent or authorized representative of a vendor policyholder may issue, sell or offer for sale portable electronics insurance coverage to a customer without obtaining a limited license under ORS 646A.823 if: (a) The vendor policyholder has been issued a limited li…

(1) Except as provided in subsections (2) and (3) of this section, an insurer or a supervising entity that issued a policy of portable electronics insurance to a vendor policyholder may not modify or terminate the terms and conditions of the policy unless the insurer or the super…

The Department of Consumer and Business Services shall adopt rules to carry out the provisions of ORS 646A.820 to 646A.838. [Formerly 646A.590]

In addition to all other penalties and enforcement provisions provided by law, if a person violates a provision of ORS 646A.820 to 646A.838 or a rule adopted by the Department of Consumer and Business Services under ORS 646A.838, the department may: (1) Suspend or revoke the pers…

(1) As used in this section and ORS 646A.853: (a) “Authorized service provider” means: (A) A person that has an arrangement with an original equipment manufacturer under which: (i) The original equipment manufacturer grants a license to the person for the use of, or otherwise per…