Title 50, Trade Regulations and Practices

(1) A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to the conduct of such business. A telephonic seller is required to register in the name under which the telephonic seller conducts bus…

In any proceeding to enforce the provisions of ORS 646.551 to 646.565 and 646.608, the burden of proving an exemption or exception is upon the person claiming it. [1989 c.622 §4]

In addition to complying with the requirements of ORS 646.553, each telephonic seller, at the time the solicitation is made and prior to consummation of any sales transaction, shall provide all of the following information to each prospective purchaser: (1) If the telephonic sell…

In accordance with any applicable provision of ORS chapter 183, the Attorney General may adopt rules to carry out the provisions of ORS 646.551 to 646.557. [1989 c.622 §6]

As used in ORS 646.561 to 646.565: (1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. (2) “Established business relationship” means a previous transaction or series of transactions between a caller and a party that occ…

(1) A person engages in an unlawful practice if: (a) During a telephone solicitation, the called or texted party states a desire not to be called or texted again and the person making the telephone solicitation makes a subsequent telephone solicitation of the called or texted par…

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 and 646.563. Notification may be by: (1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of the notice …

As used in ORS 646.567 to 646.578, unless the context otherwise requires: (1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. (2) “Information about a party” means information specific to a party, including but not limi…

(1) The Legislative Assembly finds that: (a) Fraud committed by means of unwanted telephone solicitations causes economic harm to Oregonians and constitutes an invasion of privacy and a threat to the welfare of the people of this state. (b) Unwanted telephone solicitations cause …

(1)(a) A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list: (A) Published by the administrator of the telephone solicitation program established under ORS 646.572 and 646.574; or (B) Maintained as part of the fe…

(1) The Attorney General shall either: (a) Advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in ORS 646.574; or (b) Designate a federal “do not call” registry, including but not limited to the re…

(1) If the Attorney General enters into a contract pursuant to ORS 646.572 (1)(a), the administrator of the telephone solicitation program shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone s…

In the manner provided by ORS chapter 183, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under ORS 646.572 and 646.574. [1999 c.564 §5]

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.578 and 646.608. Notification may be by: (1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of …

As used in ORS 336.184 and 646.605 to 646.652: (1) “Appropriate court” means the circuit court of a county: (a) Where one or more of the defendants reside; (b) Where one or more of the defendants maintain a principal place of business; (c) Where one or more of the defendants are …

A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person: (1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obl…

(1) A person engages in an unlawful practice if in the course of the person’s business, vocation or occupation the person does any of the following: (a) Passes off real estate, goods or services as the real estate, goods or services of another. (b) Causes likelihood of confusion …

As used in ORS 646.608 (1)(r), “pyramid club” means a sales device whereby a person, upon condition that the person make an investment, is granted a license or right to solicit or recruit for economic gain one or more additional persons who are also granted such license or right …

A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (1)(n) unless the person: (1) Within 30 seconds after beginning the conversation: (a) Provides identification of both the person and whom the person represents; (b) E…

ORS 646.607 and 646.608 do not apply to: (1) Conduct in compliance with the orders or rules of, or a statute administered by a federal, state or local governmental agency. (2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, telephone directory or …

(1) Except as provided in ORS 646.633, when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 or 646.608, the prosecuting attorney may execute in writing and cau…

Service of an investigative demand under ORS 646.618 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made by any of the following methods: (1) By personal service outside this…

(1) If any person, after being served with an investigative demand under ORS 646.622, fails or refuses to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request…

(1) Except as provided in ORS 646.633, a prosecuting attorney who has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in an unlawful trade practice may bring suit in the name of the State of Oregon in the appropriate court to restrain…

(1) For purposes of this section, “state regulated lender” means: (a) A banking institution as defined in ORS 706.008; (b) A credit union as defined in ORS 723.006; (c) A person that is required to be licensed under ORS 725.045; (d) A pawnbroker, as defined in ORS 726.010, that i…

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.607 or 646.608, or as may be nece…

(1) Except as provided in subsections (8) and (9) of this section, a person that suffers an ascertainable loss of money or property, real or personal, as a result of another person’s willful use or employment of a method, act or practice declared unlawful under ORS 646.608, may b…

(1) As used in this section and ORS 646A.670: (a) “Charged-off debt” means a debt that a creditor treats as a loss or expense and not as an asset. (b) “Consumer” means a natural person who purchases or acquires property, services or credit for personal, family or household purpos…

(1) Any person injured as a result of willful use or employment by another person of an unlawful collection practice may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $1,000, whichever is greater. The court or the jury may award pu…

(1) Any person who willfully violates the terms of an injunction issued under ORS 646.632 shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. For the purposes of this section, the court issuing the injunction shall ret…

(1) As used in this section: (a) “Affirmative consent” means a consumer’s agreement to incur a financial obligation as a result of accepting a free offer, or to provide the consumer’s billing information, given or made in the manner specifically identified for the consumer to ind…

Upon petition by the prosecuting attorney, the court may, in its discretion, order the dissolution or suspension or forfeiture of the license or franchise of any person who violates the terms of any injunction issued under ORS 646.632. [1971 c.744 §18]

(1) As used in this section: (a) “Recording group” means a group of vocal or instrumental musicians that has released a commercial sound recording under its name. (b) “Sound recording” has the meaning given that term in ORS 164.864. (2) A person may not use or attempt to use the …

(1) As used in this section: (a) “Buyer” means a person who buys or agrees to buy a manufactured dwelling from a manufactured dwelling dealer. (b) “Cash sale price” means the price for which a manufactured dwelling dealer would sell to a buyer, and the buyer would buy from a deal…

A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS 336.184 and 646.605 to 646.652, including the final disposition of the matter, and shall file with the Attorney General copies of…

The remedies provided in ORS 336.184 and 646.605 to 646.652 are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state. [1971 c.744 §21a]

(1) As used in ORS 646.705 to 646.805: (a) “Public body” has the meaning given that term in ORS 174.109. (b) “Trade or commerce” means trade or commerce within this state or between this state and any state, territory, or foreign nation. (2) As used in ORS 646.775, “natural perso…

(1) The Legislative Assembly deems it to be necessary and the purpose of ORS 646.705 to 646.805 and 646.990 is to encourage free and open competition in the interest of the general welfare and economy of the state, by preventing monopolistic and unfair practices, combination and …

Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal. [1975 c.255 §4]

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of trade or commerce, shall be in violation of ORS 136.617, 646.705 to 646.805 and 646.990. [1975 c.255 §5]

(1) The Legislative Assembly declares that collaboration among public payers, private health carriers, third party purchasers and providers to identify appropriate service delivery systems and reimbursement methods to align incentives in support of integrated and coordinated heal…

(1) It is the public policy of the State of Oregon to encourage the efficient production and distribution of agricultural, seafood and other products derived from natural resources or labor resources of this state. Accordingly, a cooperative that operates in compliance with the p…

(1) As used in this section: (a) “Blackberry” means a bramble of the genus Rubus identified by State Department of Agriculture rule as a blackberry. (b) “Blackberry regulatory program” means the state regulatory program described in subsection (2) of this section that is actively…

(1) As used in this section: (a) “Parties” or “party” means seed producers, seed associations, seed cooperatives or seed dealers that participate in a state regulatory program described in subsection (2) of this section. (b) “Regulatory program” means a state regulatory program d…

(1) As used in this section: (a) “Dealer” has the meaning given that term in ORS 646.515. (b) “Parties” or “party” means Oregon seafood harvesters, Oregon seafood harvester associations, Oregon seafood harvester cooperatives or dealers that are participants in the state regulator…

The provisions of ORS 136.617, 646.705 to 646.805 and 646.990 may not be construed to make the following illegal: (1) The activities of any labor organization or individual working men and women permitted by ORS chapters 661 to 663. (2) The right of producers, as defined in ORS 6…

(1) As used in this section: (a) “Affiliate” means an individual, or a corporation or other entity controlling, controlled by or under common control with the owner or operator of the arena. For purposes of this subsection, the term “control” means ownership of more than 50 perce…

(1) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.725 or 646.730, the Attorney General may execute in writing and cause to be served an investigative demand upo…

(1) The Attorney General may prosecute an action for appropriate injunctive relief and civil penalties in the name of the state for any violation of ORS 646.705 to 646.805. The court may assess for the benefit of the state a civil penalty of not more than $1 million for each viol…

(1) Any person, including the state or a public body, threatened with injury to the person’s business or property from a violation of ORS 646.725 or 646.730 may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necess…