Oregon Statutes - Chapter 646A - Trade Regulation

• 646A.010   Definitions for ORS 646A.010 to 646A.020.
  As used in ORS 646A.010 to 646A.020: (1) “Accommodations” means the provision of land, sea or air transportation or a combination of transportation and any...
• 646A.012   Certification of association of sellers of travel; application.
  An association of sellers of travel may apply to the Director of the Department of Consumer and Business Services for certification as a certified association...
• 646A.014   Requirements for certification; bylaws; code of ethics; disclosures; rules; definitions.
  (1) An association of sellers of travel shall be eligible for certification as a certified association if the Director of the Department of Consumer and...
• 646A.016   Issuance of certification; rules; duration; review.
  (1) If the Director of the Department of Consumer and Business Services determines that an association of sellers of travel that has applied for certification...
• 646A.018   Denial, suspension or revocation of certification.
  (1) The Director of the Department of Consumer and Business Services may deny certification or suspend or revoke any certification issued pursuant to ORS 646A.016...
• 646A.020   Prohibited conduct; referral of complaints for mediation.
  (1) A person shall not claim membership in a certified association or utilize any logo or other indicia of membership in a certified association unless...
• 646A.030   Definitions for ORS 646A.030 to 646A.042.
  As used in ORS 646A.030 to 646A.042, unless the context requires otherwise: (1) “Business day” means any day except a Sunday or a legal holiday....
• 646A.032   Price list for health spa services.
  (1) Each health spa shall prepare and provide to each prospective buyer a written list of prices of all forms or plans of health spa...
• 646A.034   Contracts; contents.
  A contract for the sale of health spa services must be in writing and a copy must be given to the buyer at the time...
• 646A.036   Contracts and rules; delivery to buyer.
  Upon request, a health spa must deliver to a prospective buyer copies of the contract required by ORS 646A.034, and the rules of the health...
• 646A.038   Moneys paid prior to facility opening; disposition; priority of claim; refund.
  (1) All moneys paid to a health spa by a buyer prior to the opening of the facility shall promptly be deposited by the health...
• 646A.040   Waiver of provisions of ORS 646A.030 to 646A.042.
  A health spa shall not request a buyer to waive any provision of ORS 646A.030 to 646A.042. Any waiver by a buyer of any provision...
• 646A.042   Remedies and obligations supplementary to existing remedies.
  The remedies and obligations provided in ORS 646A.030 to 646A.042 are in addition to any other remedies and obligations, civil or criminal, existing at common...
• 646A.050   Definitions.
  As used in this section and ORS 646A.052: (1) “Base price” means the total retail cost of the following unless separately disclosed as described in...
• 646A.052   Form of purchase agreement.
  (1) A manufactured dwelling dealer who sells a manufactured dwelling shall use a purchase agreement form that complies with this section and rules adopted in...
• 646A.054   Rules.
  The Department of Justice may adopt rules necessary and proper for the administration and enforcement of ORS 646A.052. [Formerly 646.404] (Purchase of Used Goods)
• 646A.060   Purchase of used goods; records; application to pawnbrokers.
  (1) A person doing business as a consignment store, a buy-sell store, a secondhand store or a similar store or enterprise that in the regular...
• 646A.062   Penalty for violation of ORS 646A.060.
  (1) A person that violates ORS 646A.060 (1) commits a Class B violation. (2)(a) A person that violates ORS 646A.060 (2) shall pay a fine...
• 646A.070   Sale of telephonic equipment; disclosure requirements; enforcement; penalty.
  (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...
• 646A.072   Exceptions to disclosure requirements.
  (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...
• 646A.080   Sale of novelty item containing mercury; penalty.
  (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...
• 646A.085   Sale of rights by distributor to exhibit motion picture without first giving exhibitor opportunity to view motion picture prohibited; attorney fees.
  (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,...
• 646A.090   Offer to sell or lease motor vehicle subject to future acceptance by lender; disposition of trade-in vehicle and items of value; liability.
  (1) As used in this section: (a) “Buyer” means the purchaser or lessee of a motor vehicle. (b) “Final approval of funding” means a lender’s...
• 646A.095   Disclosure required when purchaser of product offered technical support through information delivery system.
  (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...
• 646A.097   Payment of sales commissions following termination of contract between sales representative and principal; definitions; civil action.
  (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...
• 646A.100   Definitions for ORS 646A.100 to 646A.110.
  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...
• 646A.102   Notice of intent to conduct going out of business sale; display and filing; exceptions; prohibited activities.
  (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...
• 646A.104   Information required in notice of intent.
  A person filing a notice of intent with the Secretary of State shall provide all of the following information in the notice of intent: (1)...
• 646A.106   Circumstances in which going out of business sale prohibited.
  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...
• 646A.108   Prohibited conduct.
  (1) A person intending to conduct a going out of business sale may not transfer merchandise from an affiliated business or business location to the...
• 646A.110   Applicability of ORS 646A.100 to 646A.110 and 646A.112.
  (1) ORS 646.608 (1)(fff), 646A.100 to 646A.110 and 646A.112 apply only to persons who engage in the retail sale of merchandise in the regular course...
• 646A.112   Injunction of sham sale; evidence; attorney fees; defense; definitions.
  (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...
• 646A.120   Definitions for ORS 646A.120 to 646A.134.
  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...
• 646A.122   Applicability of ORS 646A.120 to 646A.134.
  (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 79....
• 646A.124   General disclosure requirements.
  (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...
• 646A.126   Specific disclosure requirements.
  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...
• 646A.128   Provisions prohibited in lease-purchase agreements.
  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...
• 646A.130   Reinstatement of lease-purchase agreement by consumer; receipt for each payment.
  (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...
• 646A.132   Renegotiation or extension of lease-purchase agreement.
  (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....
• 646A.134   Disclosures required in advertisement for lease-purchase agreements.
  (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...
• 646A.140   Definitions for ORS 646A.140 and 646A.142.
  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...
• 646A.142   Rental vehicle collision damage waiver notice.
  (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...
• 646A.150   Applicability of ORS 646A.150 to 646A.172.
  (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...
• 646A.152   Definitions for ORS 646A.150 to 646A.172.
  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) “Obligor” means...
• 646A.154   Service contract defined; registration; proof of financial stability; bond; action; rules; applicability of Insurance Code.
  (1) For the purposes of this section, a service contract is a contract or agreement to perform or indemnify for a specific duration the repair,...
• 646A.156   Required contents of service contracts.
  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...
• 646A.158   Prohibited conduct.
  (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,...
• 646A.160   Service contract obligor as agent of insurer; indemnification or subrogation rights of insurer.
  (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...
• 646A.162   Investigation of violations; inspection of records; subpoenas; discontinue or desist order; civil penalties.
  (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...
• 646A.164   Complaints and investigations confidential; exceptions.
  (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,...
• 646A.166   Refusal to continue or suspension or revocation of registration.
  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...
• 646A.168   Assessment fee; rules; purpose; registration fee.
  (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...
• 646A.170   Remedies not exclusive.
  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...
• 646A.172   Rules; exemption of certain obligors.
  (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...
• 646A.200   Definitions for ORS 646A.202 and 646A.204.
  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...
• 646A.202   Payment processing systems.
  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...
• 646A.204   Customer information.
  (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...
• 646A.206   Rules.
  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...
• 646A.210   Requiring credit card number as condition for accepting check or share draft prohibited; exceptions.
  (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...
• 646A.212   “Credit card” defined.
  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...
• 646A.214   Verification of identity in credit or debit card transactions.
  (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...
• 646A.220   Credit card solicitation; required disclosure; definitions.
  (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...
• 646A.222   Charge card solicitation; required disclosure; definitions.
  (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...
• 646A.230   Action by Attorney General or district attorney; civil penalties.
  (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...
• 646A.232   Effect of compliance with federal law.
  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...
• 646A.240   Treatment of child support obligations by creditor in applications for extensions of credit.
  In evaluating applications for extensions of credit, a creditor shall treat the obligation of an applicant to pay child support no more adversely than the...
• 646A.242   “Creditor” defined.
  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...
• 646A.244   Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses.
  (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...
• 646A.250   Legislative findings.
  The Legislative Assembly finds and declares that: (1) The ability to obtain and use credit has become of great importance to consumers who have a...
• 646A.252   Definitions for ORS 646A.252 to 646A.270.
  As used in ORS 646A.252 to 646A.270: (1) “Consumer” means any individual who is solicited to purchase or who purchases the services of a credit...
• 646A.254   Prohibited conduct; cancellation of contract by consumer.
  (1) A credit services organization, its salespersons, agents, representatives and independent contractors who sell or attempt to sell the services of a credit services organization...
• 646A.256   Registration of credit services organizations; rules; fees.
  (1) A credit services organization shall file a registration statement with the Department of Consumer and Business Services before conducting business in this state. The...
• 646A.258   Surety bond or irrevocable letter of credit.
  (1) Every applicant for registration as a credit services organization shall file with the director a corporate surety bond or irrevocable letter of credit running...
• 646A.260   Required disclosures.
  (1) Before any agreement is entered into, or before any money is paid by a consumer, whichever occurs first, the credit services organization shall provide...
• 646A.262   Contents of contract between consumer and credit services organization; rules.
  (1) Each contract between a consumer and a credit services organization for the purchase of the services of the credit services organization shall be in...
• 646A.264   Unenforceable contract provisions; burden of proof; injunctions.
  (1) Any contract that violates any provision of ORS 646A.252 to 646A.270 and any waiver of any provision of ORS 646A.252 to 646A.270 by a...
• 646A.266   Audit of credit services organization; grounds for registration denial, revocation, suspension or refusal to renew; civil penalty; rules.
  In addition to the authority conferred by ORS 646.608: (1) Upon the director’s own motion or upon receipt of a complaint by a customer of...
• 646A.268   Investigations; cease and desist order.
  The Director of the Department of Consumer and Business Services may: (1) Undertake the investigations, including investigations outside this state, that the director considers necessary...
• 646A.270   Cease and desist orders; service; effective date; hearing; judicial review.
  (1) The Director of the Department of Consumer and Business Services shall serve an order under ORS 646A.268 on the person named in the order....
• 646A.274   Definitions for ORS 646A.276 and 646A.278.
  As used in ORS 646A.276 and 646A.278, “gift card” means a prefunded record evidencing a promise that the issuer will provide goods or services to...
• 646A.276   Sale of gift card that expires, declines in value or includes fee.
  Except as provided in ORS 646A.278, a person may not sell a gift card: (1) That has an expiration date; (2) That has a face...
• 646A.278   Requirements for sale of gift card that expires.
  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...
• 646A.280   Definitions for ORS 646A.280 to 646A.290.
  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...
• 646A.282   Simulated invoices prohibited.
  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...
• 646A.284   Cause of action by Attorney General; judgment; attorney fees.
  (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...
• 646A.286   Cause of action by private party; judgment; attorney fees.
  (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...
• 646A.288   Presumptions in cause of action brought under ORS 646A.284 or 646A.286.
  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...
• 646A.290   Construction; other remedies.
  (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.300   Definitions for ORS 646A.300 to 646A.322.
  As used in ORS 646A.300 to 646A.322: (1) “Catalog” includes catalogs published in any medium, including electronic catalogs. (2) “Change in competitive circumstances” means a...
• 646A.302   Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier.
  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...
• 646A.304   Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement.
  (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...
• 646A.306   Repurchase of inventory by supplier; effect of new retailer agreement.
  (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...
• 646A.308   Civil action for supplier’s failure to pay; venue.
  (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.310   Prohibited conduct by supplier.
  (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...
• 646A.312   Termination, cancellation or failure to renew retailer agreement; notice; good cause.
  (1) As used in this section: (a) “Good cause” means a retailer’s: (A) Failing to comply with a term of a retail agreement that is...
• 646A.314   New or relocated dealership; notice; area of responsibility.
  (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...
• 646A.316   Warranty claims; payment; time for completion.
  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...
• 646A.318   Warranty claims; processing.
  (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...
• 646A.320   Retailer’s improvements to products.
  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...
• 646A.322   Remedies; arbitration; cause of action; attorney fees; injunctive relief.
  (1)(a) Any party to a retailer agreement aggrieved by the conduct of the other party to the agreement under ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318...
• 646A.325   Repurchase of motor vehicle by manufacturer; notice to dealer; contents of notice; notice to prospective buyer.
  (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...
• 646A.327   Attorney fees for action under ORS 646A.325.
  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...
• 646A.340   Definitions for ORS 646A.340 to 646A.348.
  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...
• 646A.342   Prohibited conduct; required verifications and notice.
  (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...
• 646A.344   Bond or letter of credit; action; exceptions.
  (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...
• 646A.346   Damages.
  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.348   Action by Attorney General; civil penalty; injunction; damages; attorney fees and costs.
  (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....
• 646A.350   Delivery of unrequested hazardous substances prohibited.
  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...
• 646A.352   Penalty.
  Violation of ORS 646A.350 is a Class A misdemeanor. [Formerly 646.992] (Other Mailings or Deliveries)
• 646A.360   Unsolicited facsimile machine transmissions.
  (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...
• 646A.362   Exclusion of name from sweepstakes promotion mailing list; written request; rules.
  (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...
• 646A.365   Check, draft or payment instrument creating obligation for payment.
  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...
• 646A.370   Definitions for ORS 646A.370 to 646A.374.
  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,...
• 646A.372   Limits on usage of automatic dialing and announcing device.
  (1) A caller may not use an automatic dialing and announcing device in order to call a subscriber unless the device is designed and operated...
• 646A.374   Prohibited actions.
  (1) A caller who uses an automatic dialing and announcing device in order to call a subscriber may not misrepresent or falsify, either in speaking...
• 646A.376   Enforcement; civil penalty.
  Violation of ORS 646A.372 or 646A.374 is an unlawful trade practice subject to enforcement under ORS 646.632. Notwithstanding the provisions of ORS 646.642, a civil...
• 646A.400   Definitions for ORS 646A.400 to 646A.418.
  As used in ORS 646A.400 to 646A.418: (1) “Consumer” means: (a) The purchaser or lessee, other than for purposes of resale, of a new motor...
• 646A.402   Availability of remedy.
  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...
• 646A.404   Consumer’s remedies; manufacturer’s affirmative defenses.
  (1) If the manufacturer or its agents or authorized dealers are unable to conform the motor vehicle to any applicable manufacturer’s express warranty by repairing...
• 646A.406   Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer.
  (1) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties...
• 646A.408   Use of informal dispute settlement procedure as condition for remedy; binding effect on manufacturer.
  If the manufacturer has established or participates in an informal dispute settlement procedure that substantially complies with the provisions of 16 C.F.R. part 703, as...
• 646A.410   Informal dispute settlement procedure; recordkeeping; review by Department of Justice.
  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.412   Action in court; damages if manufacturer does not act in good faith; attorney fees.
  (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...
• 646A.414   Limitations on actions against dealers.
  (1) 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...
• 646A.416   Limitation on commencement of action.
  Any action brought under ORS 646A.400 to 646A.418 shall be commenced within one year following whichever period ends earlier: (1) The period ending on the...
• 646A.418   Remedies supplementary to existing statutory or common law remedies; election of remedies.
  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...
• 646A.430   Definitions for ORS 646A.430 to 646A.450.
  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...
• 646A.432   Applicability of ORS 646A.430 to 646A.450; applicability of other law.
  (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)...
• 646A.434   Sale of vehicle protection product; conditions and requirements.
  (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...
• 646A.436   Warrantor registration; requirements; expiration; fees; rules.
  (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...
• 646A.438   Reimbursement insurance; requirements; insurer qualifications.
  (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...
• 646A.440   Required provisions of reimbursement insurance policy; cancellation; notice.
  (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...
• 646A.442   Vehicle protection product warranty administrator.
  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] Note:...
• 646A.444   Recordkeeping requirements for warrantor; record retention.
  (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...
• 646A.446   Prohibited conduct for warrantor.
  (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...
• 646A.448   Prohibited activities.
  (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:...
• 646A.450   Rules; investigative powers of department.
  (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...
• 646A.452   Enforcement by Attorney General.
  The Attorney General may enforce violations of ORS 646A.430 to 646A.450 under ORS 646.608. [2007 c.685 §12] Note: See note under 646A.430. (Warranties on Assistive
• 646A.460   Definitions for ORS 646A.460 to 646A.476.
  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...
• 646A.462   Express warranty; duration.
  (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...
• 646A.464   Repair of assistive device.
  (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,...
• 646A.466   Replacement or refund after attempt to repair.
  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...
• 646A.468   Procedures for replacement or refund.
  (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...
• 646A.470   Sale or lease of returned assistive device.
  (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...
• 646A.472   Dispute resolution.
  (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...
• 646A.474   Applicability of other laws; waiver.
  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...
• 646A.476   Civil action for damages; attorney fees; limitation on actions.
  (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...
• 646A.500   Legislative findings; declaration of purpose.
  (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...
• 646A.502   Short title.
  ORS 646A.500 to 646A.514 may be referred to as the Infant Crib Safety Act. [Formerly 646.501]
• 646A.504   Definitions for ORS 646A.500 to 646A.514.
  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 thereof,...
• 646A.506   Prohibited conduct.
  (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...
• 646A.508   Penalties.
  (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...
• 646A.510   Exemptions.
  (1) An antique or vintage crib that is clearly not intended for use by an infant is exempt from the provisions of ORS 646A.500 to...
• 646A.512   Private right of action; attorney fees.
  Any person may maintain an action against a commercial user who violates ORS 646A.506 (1) to (3), to enjoin the remanufacture, retrofitting, sale, contract to...
• 646A.514   Scope of remedies.
  Remedies available under ORS 646A.508 and 646A.512 are in addition to any other remedies available under law to an aggrieved party. [Formerly 646.507] IDENTITY THEFT
• 646A.600   Short title.
  ORS 646A.600 to 646A.628 shall be known as the Oregon Consumer Identity Theft Protection Act. [2007 c.759 §1]
• 646A.602   Definitions for ORS 646A.600 to 646A.628.
  As used in ORS 646A.600 to 646A.628: (1)(a) “Breach of security” means unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity...
• 646A.604   Notice of breach of security; delay; methods of notification; contents of notice; application of notice requirement.
  (1) Any person that owns, maintains or otherwise possesses data that includes a consumer’s personal information that is used in the course of the person’s...
• 646A.606   Security freeze; requirements; effect.
  (1) A consumer may elect to place a security freeze on the consumer’s consumer report by sending a written request to a consumer reporting agency...
• 646A.608   Deadline for placement of security freeze; confirmation; personal identification number; lifting and removal; fees.
  (1) A consumer reporting agency shall place a security freeze on a consumer report no later than five business days after receiving from the consumer:...
• 646A.610   Permissible fees.
  (1) A consumer reporting agency may not charge a fee to a consumer who is the victim of identity theft or who has reported to...
• 646A.612   Conditions for lifting or removing security freeze.
  A consumer reporting agency shall temporarily lift or remove a freeze placed on a consumer’s credit report only in the following cases: (1) Upon the...
• 646A.614   Effect of security freeze on use of consumer reports.
  The provisions of ORS 646A.606 to 646A.610 do not apply to the use of a consumer report by or for any of the following: (1)...
• 646A.616   Effect of request for consumer report subject to security freeze.
  If a third party requests access to a consumer report on which a security freeze is in effect, the request is in connection with an...
• 646A.618   Prohibition on changes to consumer report subject to security freeze; entities subject to requirement to place security freeze.
  (1) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer credit...
• 646A.620   Prohibition on printing, displaying or posting Social Security numbers; exemptions.
  (1) Except as otherwise specifically provided by law a person shall not: (a) Print a consumer’s Social Security number on any materials not requested by...
• 646A.622   Requirement to develop safeguards for personal information; conduct deemed to comply with requirement.
  (1) Any person that owns, maintains or otherwise possesses data that includes a consumer’s personal information that is used in the course of the person’s...
• 646A.624   Powers of director; penalties.
  (1) The Director of the Department of Consumer and Business Services may: (a) Make such public or private investigations within or outside this state as...
• 646A.626   Rules.
  In accordance with ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules for the purpose of carrying out...
• 646A.628   Allocation of moneys.
  Notwithstanding ORS 705.145 (2), (3) and (5), the Director of the Department of Consumer and Business Services can allocate as deemed appropriate the moneys derived...

Last modified: August 7, 2008