Trade Practices and Antitrust Regulation

ORS tit. 50, ch. 646

in effect

Or. Rev. Stat. § 646.010 Designation and scope of ORS 646.010 to 646.180

646.010. Designation and scope of ORS 646.010 to 646.180 ORS 646.010 to 646.180 shall be known and designated as the Anti-price Discrimination Law; and the inhibitions against discrimination in those sections shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby discrimination is, in substance or fact, effected in violation of the spirit and intent of ORS 646.010 to 646.180.

Or. Rev. Stat. § 646.020 Definitions and explanations

646.020. Definitions and explanations (1) When used in ORS 646.010 to 646.180, unless the context otherwise requires: (a) “Commerce” means trade or commerce within this state, exclusive of food commerce. (b) “Food commerce” means trade or commerce within this state in articles of food for human consumption and such other articles as usually are sold in food stores in connection with articles of food for human consumption. In the case of persons selling items other than items of food commerce, the term “food commerce” is restricted solely to such items of food commerce as are defined in this paragraph. (c) “Person” means individual, corporation, partnership, association, joint stock company, business trust or unincorporated organization. (d) “Price” means the net price to the buyer after the deduction of all discounts, rebates, or other price concessions paid or allowed by the seller. (e) “Replacement cost” means the cost per unit at the retail outlet at which the merchandise sold or offered for sale could have been bought by the seller at any time within 10 days prior to the date of sale or the date upon which it is offered for sale by the seller, if bought in the same quantities as the seller’s usual or customary purchase of such merchandise, after deducting all discounts, rebates or other price concessions. (f) “Retailer in food commerce” means any person engaged in food commerce who sells directly to the consumer for use. (g) “Wholesaler in food commerce” means any person engaged in food commerce other than a retailer or producer, manufacturer or processor. (2) As used in ORS 646.010 to 646.180, “vendor” includes any person who performs work upon, renovates, alters or improves any personal property belonging to another person.

Or. Rev. Stat. § 646.030 Application to cooperative associations

646.030. Application to cooperative associations ORS 646.010 to 646.180 shall not prevent a cooperative association from returning to its members, producers or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the association.

Or. Rev. Stat. § 646.040 Price discrimination prohibited; price differentials

646.040. Price discrimination prohibited; price differentials (1) It is unlawful for any person engaged in commerce or food commerce, or both, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities, or services or output of a service trade, of like grade and quality or to discriminate in price between different sections, communities or cities or portions thereof or between different locations in sections, communities, cities or portions thereof in this state, where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them. (2) Subsection (1) of this section does not prevent: (a) Differentials which make only due allowance for differences in the cost of manufacture, sale or delivery, resulting from the differing methods or quantities in which the commodities are sold or delivered to purchasers. (b) Persons engaged in selling goods, wares or merchandise, or service or output of a service trade, in commerce from selecting their own customers in bona fide transactions and not in restraint of trade. (c) Price changes from time to time where in response to changing conditions affecting the market for or marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

Or. Rev. Stat. § 646.050 Establishing prima facie case of discrimination; justification of discrimination

646.050. Establishing prima facie case of discrimination; justification of discrimination Upon proof being made, in any suit or other proceeding in which any violation of ORS 646.010 to 646.180 is at issue, that there has been discrimination in price, or in services or facilities furnished, or in payment for services or facilities rendered or to be rendered, the burden of rebutting the prima facie case thus made by showing justification is upon the person charged with the violation; but this section does not prevent a seller rebutting the prima facie case so made by showing that the lower price of the seller, or the payment for or furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor or the services or facilities furnished by a competitor.

Or. Rev. Stat. § 646.060 Commissions and allowances

646.060. Commissions and allowances No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, service, or output of a service trade, or merchandise. In all such transactions of sale and purchase, neither party to the transaction shall pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, to the other party to the transaction or to any agent, representative or other intermediary therein, where such agent, representative or other intermediary is acting for or in behalf of or is subject to the direct or indirect control of the other party to the transaction.

Or. Rev. Stat. § 646.070 Special payments to customers

646.070. Special payments to customers No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale or offering for sale of any products or commodities manufactured, service or output of a service trade, sold or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities, or service, or output of service trades.

Or. Rev. Stat. § 646.080 Special services to customers

646.080. Special services to customers No person engaged in commerce or food commerce, or both, in the course of such commerce, shall discriminate in favor of one purchaser against another purchaser or purchasers of a commodity, or service, or output of a service trade, bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of any services or facilities connected with the processing, handling, sale or offering for sale of such commodity, or service, or output of a service trade, purchased upon terms not accorded to all purchasers on proportionally equal terms.

Or. Rev. Stat. § 646.090 Inducing or receiving price discrimination prohibited

646.090. Inducing or receiving price discrimination prohibited No person engaged in commerce or food commerce, or both, in the course of such commerce, shall knowingly induce or receive a discrimination in price which is prohibited by ORS 646.040 to 646.080.

Or. Rev. Stat. § 646.130 Cost surveys as evidence

646.130. Cost surveys as evidence Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, such cost survey is competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of ORS 646.010 to 646.180.

Or. Rev. Stat. § 646.140 Enjoining violations; treble damages; attorney fees; limitation on commencement of actions

646.140. Enjoining violations; treble damages; attorney fees; limitation on commencement of actions (1) Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 to 646.180 may maintain an action in any court of general equitable jurisdiction of this state, to prevent, restrain or enjoin the violation or threatened violation. If in such action, a violation or threatened violation of ORS 646.010 to 646.180 is established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in the action is entitled to recover three-fold the damages sustained by the plaintiff. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section. (2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. (3) Actions brought under this section shall be commenced within four years from the date of the injury. Amended by 1981 c.897 §75; 1983 c.467 §2; 1995 c.696 §33

Or. Rev. Stat. § 646.150 Action for damages

646.150. Action for damages If no injunctive relief is sought or required, any person injured by any violation of ORS 646.010 to 646.180 may maintain an action for damages alone in any court of general jurisdiction in this state. The measure of damages in such action shall be the same as that prescribed by ORS 646.140.

Or. Rev. Stat. § 646.160 Presumption of damages

646.160. Presumption of damages In any proceedings instituted or action brought in pursuance of the provisions of ORS 646.140 or 646.150, the plaintiff, upon proof that the plaintiff has been unlawfully discriminated against by the defendant, shall conclusively be presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination; and, in addition thereto, may establish such further damages, if any, as the plaintiff may have sustained as a result of the discrimination.

Or. Rev. Stat. § 646.170 Requiring defendant to testify

646.170. Requiring defendant to testify Any defendant in an action brought under the provisions of ORS 646.140 to 646.160 may be required to testify under the provisions of ORCP 65 or by deposition. In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence. No information so obtained may be used against the defendant as a basis for a criminal prosecution under ORS 646.990 (1). Amended by 1979 c.284 §184; 1981 c.898 §52

Or. Rev. Stat. § 646.180 Illegal contracts

646.180. Illegal contracts Any contract, express or implied, made by any person in violation of any of the provisions of ORS 646.010 to 646.180 is an illegal contract and no recovery thereon shall be had.

Or. Rev. Stat. § 646.461 Definitions for ORS 646.461 to 646.475

646.461. Definitions for ORS 646.461 to 646.475 As used in ORS 646.461 to 646.475, unless the context otherwise requires: (1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means. Reverse engineering and independent development alone shall not be considered improper means. (2) “Misappropriation” means: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; (b) Disclosure or use of a trade secret of another without express or implied consent by a person who used improper means to acquire knowledge of the trade secret; (c) Disclosure or use of a trade secret of another without express or implied consent by a person who, before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake; or (d) Disclosure or use of a trade secret of another without express or implied consent by a person, who at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was: (A) Derived from or through a person who had utilized improper means to acquire it; (B) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (C) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use. (3) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity. (4) “Trade secret” means information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that: (a) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 1987 c.537 §2

Or. Rev. Stat. § 646.463 Enjoining misappropriation; payment of royalties; affirmative acts

646.463. Enjoining misappropriation; payment of royalties; affirmative acts (1) Actual or threatened misappropriation may be temporarily, preliminarily or permanently enjoined. Upon application to the court, an injunction shall be vacated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. (2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of the misappropriation that renders a prohibitive injunction inequitable. (3) In appropriate circumstances, the court may order affirmative acts to protect a trade secret. 1987 c.537 §3

Or. Rev. Stat. § 646.465 Damages for misappropriation

646.465. Damages for misappropriation (1) A complainant is entitled to recover damages adequate to compensate for misappropriation, unless a material and prejudicial change of position by a defendant prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable. (2) Damages may include both the actual loss caused by misappropriation, and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss, but shall not be less than a reasonable royalty for the unauthorized disclosure or use of a trade secret. (3) Upon a finding of willful or malicious misappropriation, punitive damages may be awarded in an amount not exceeding twice any award made under subsections (1) and (2) of this section. 1987 c.537 §4

Or. Rev. Stat. § 646.467 Attorney fees

646.467. Attorney fees The court may award reasonable attorney fees to the prevailing party if: (1) A claim of misappropriation is made in bad faith; (2) A motion to terminate an injunction is made or resisted in bad faith; or (3) Willful or malicious misappropriation is found by the court or jury. 1987 c.537 §5

Or. Rev. Stat. § 646.469 Preservation of trade secret by court; methods

646.469. Preservation of trade secret by court; methods In any action brought under ORS 646.461 to 646.475, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action or ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. 1987 c.537 §6

Or. Rev. Stat. § 646.471 Limitation on commencement of action

646.471. Limitation on commencement of action An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. 1987 c.537 §7

Or. Rev. Stat. § 646.473 Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents

646.473. Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents (1) Except as provided in subsection (2) of this section, ORS 646.461 to 646.475 supersede conflicting tort, restitution or other law of Oregon providing civil remedies for misappropriation of a trade secret. (2) ORS 646.461 to 646.475 shall not affect: (a) Contractual remedies, whether or not based upon misappropriation of a trade secret; (b) Other civil remedies that are not based upon misappropriation of a trade secret; (c) Criminal remedies, whether or not based upon misappropriation of a trade secret; or (d) Any defense, immunity or limitation of liability afforded public bodies, their officers, employees or agents under ORS 30.260 to 30.300. (3) Notwithstanding any other provision in ORS 646.461 to 646.475, public bodies and their officers, employees and agents are immune from any claim or action for misappropriation of a trade secret that is based on the disclosure or release of information in obedience to or in good faith reliance on any order of disclosure issued pursuant to ORS 192.311 to 192.431 or on the advice of an attorney authorized to advise the public body, its officers, employees or agents. 1987 c.537 §8

Or. Rev. Stat. § 646.475 Application and construction of ORS 646.461 to 646.475; short title; effect of invalidity

646.475. Application and construction of ORS 646.461 to 646.475; short title; effect of invalidity (1) ORS 646.461 to 646.475 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of ORS 646.461 to 646.475 among states enacting them. (2) ORS 646.461 to 646.475 may be cited as the Uniform Trade Secrets Act. (3) If any provision of ORS 646.461 to 646.475 or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of ORS 646.461 to 646.475 which can be given effect without the invalid provision or application, and to this end the provisions of ORS 646.461 to 646.475 are severable. 1987 c.537 §§9,10,11

Or. Rev. Stat. § 646.515 Definitions for ORS 646.515 to 646.545

646.515. Definitions for ORS 646.515 to 646.545 As used in ORS 646.515 to 646.545, unless the context requires otherwise: (1) “Agricultural commodity” means any and all agricultural, horticultural, viticultural and vegetable products produced in this state, either in their natural state or as processed by a producer for the purpose of marketing such product, including bees and honey, but not including timber or timber products. (2) “Cooperative bargaining association” means: (a) An association of producers formed or operated pursuant to ORS chapter 62 with the purpose of group bargaining with respect to the sale of any agricultural commodity or Oregon seafood commodity. (b) A fishermen’s marketing association or fishermen’s trade association organized under ORS chapter 62 or 65. (3)(a) “Dealer” means, except as provided in paragraph (b) of this subsection, any person or agent of the person who purchases or contracts to purchase an agricultural commodity or Oregon seafood commodity from a producer or agent of the producer, for the purpose of packing, processing or marketing such commodity. (b) “Dealer” does not include any organization operating as an agricultural cooperative or Oregon seafood harvester cooperative. (4) “Oregon seafood commodity” means any food fish as defined in ORS 506.011 over which the State Fish and Wildlife Commission has jurisdiction. (5) “Producer” means a person engaged in the business of producing agricultural commodities or harvesting Oregon seafood commodities. 1963 c.514 §1; 1997 c.296 §1; 1997 c.393 §1; 2003 c.487 §4

Or. Rev. Stat. § 646.525 Cooperative bargaining associations authorized

646.525. Cooperative bargaining associations authorized Producers shall have the right to join voluntarily and belong to cooperative bargaining associations. 1963 c.514 §2

Or. Rev. Stat. § 646.535 Unfair trade practices prohibited; exception

646.535. Unfair trade practices prohibited; exception (1) A dealer may not knowingly engage in the following unfair trade practices: (a) Interfere with, restrain, coerce or boycott a producer in the exercise of the rights guaranteed pursuant to ORS 646.525; (b) Discriminate against a producer with respect to price or other terms of purchase of raw agricultural commodities or Oregon seafood commodities, by reason of the producer’s membership in or contract with cooperative bargaining associations; or (c) Pay or loan money, or give any other thing of value to a producer as an inducement or reward for refusing to or ceasing to belong to a cooperative bargaining association. (2) A blackberry dealer, perennial ryegrass seed, annual ryegrass seed or tall fescue seed dealer or Oregon seafood commodity dealer who participates in negotiating committee activities described in ORS 646.737, 646.738 or 646.739 does not violate subsection (1) of this section. 1963 c.514 §3; 1969 c.165 §1; 2001 c.142 §5; 2003 c.487 §5; 2005 c.290 §2; 2009 c.241 §4

Or. Rev. Stat. § 646.545 Remedy for unfair trade practices; attorney fees

646.545. Remedy for unfair trade practices; attorney fees (1) In addition to any other remedies provided by law, any producer injured by a violation of ORS 646.535 may maintain an action for damages sustained by such producer. (2) The prevailing party in any action brought pursuant to subsection (1) of this section shall be allowed, in addition to the costs and disbursements otherwise prescribed by law, a reasonable sum for attorney fees at trial and on appeal for the prosecution or defense of such action. 1963 c.514 §§4,5; 1981 c.897 §76; 1995 c.658 §112

Or. Rev. Stat. § 646.551 Definitions for ORS 646.551 to 646.557

646.551. Definitions for ORS 646.551 to 646.557 As used in ORS 646.551 to 646.557: (1)(a) “Business opportunity” means a commercial arrangement in which: (A) A seller solicits a prospective purchaser to enter into a new business or to buy ancillary services within 60 days after entering into a new business; (B) The prospective purchaser makes a payment or agrees to be obligated to make a payment required for the business or services; and (C) The seller, expressly or by implication, and orally or in writing, represents that the seller or a designated person will: (i) Provide an outlet, account or customers, by means of the Internet or otherwise, for the purchaser’s goods or services; or (ii) Buy back goods or services that the purchaser makes, produces, fabricates, grows, breeds, modifies or provides, including but not limited to paying for services such as stuffing envelopes at the purchaser’s residence. (b) “Business opportunity” does not include: (A) A sale of all or substantially all of the assets of an ongoing business if the owner of the business intends to sell and sells the assets as one opportunity; (B) A sale of sales demonstration equipment, materials or samples for a total price of $500 or less and not for profit; or (C) A sale of a franchise, as defined 16 C.F.R. 436.1, unless the franchise is exempted from the definition because: (i) The total of the required payments the franchisee pays or commits to pay to a franchisor or an affiliate is less than $500 at any time before or within six months after the purchaser begins business as a franchisee; or (ii) No written document exists that describes any material term or aspect of the franchise arrangement. (2) “Telephone solicitation” means telephonic contact made under any of the following circumstances: (a) A person has telephonic contact with a prospective purchaser and solicits the prospective purchaser to purchase a business opportunity; (b) A person initiates telephonic contact with a prospective purchaser and represents or implies any of the following: (A) That a prospective purchaser who buys a unit of a good or service will receive additional units, whether or not of the same type as the purchaser bought, without further cost. As used in this subparagraph, “further cost” does not include actual postage or common carrier delivery charges, if any. (B) That a prospective purchaser will receive a prize or gift if the prospective purchaser does either of the following: (i) Purchases or rents goods or services; or (ii) Pays any money including, but not limited to, a delivery or handling charge. (C) That a prospective purchaser who buys goods or services because of some unusual event or imminent price increase will be able to buy the goods or services at prices that are below the prices that usually are charged, or the prices that will be charged in the future, for the goods or services. (D) That the seller is a person other than the actual seller. (E) That goods or services are manufactured or supplied by a person other than the actual manufacturer or supplier. (F) That the goods that the person is selling are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones or any interest in oil, gas or mineral fields, wells or exploration sites; or (c) The person makes the telephonic contact in response to inquiries from prospective purchasers prompted by advertisements on behalf of the person, and the person conducts a solicitation as described in paragraph (b) of this subsection. (3)(a) “Telephonic seller” means a person who, on the person’s own behalf, or on behalf of another person, causes or attempts a telephone solicitation. (b) “Telephonic seller” does not include any of the following: (A) A person that sells a security as defined in ORS 59.015, or securities that are exempt under ORS 59.025. (B) A person that is licensed pursuant to ORS chapter 696 if the solicited transaction is governed under ORS chapter 696. (C) A person that is licensed pursuant to ORS 701.021 if the solicited transaction is governed under ORS chapter 701. (D) A person that is licensed pursuant to ORS chapter 744 if the solicited transaction is governed under the Insurance Code. (E) A person that solicits the sale of a franchise if the solicited transaction is governed under ORS 650.005 to 650.100. (F) A person that primarily solicits a subscription to or advertising in a newspaper of general circulation. (G) A person that primarily solicits a subscription to a magazine or periodical, or a sale of a contractual plan, including a book or record club: (i) Under which the seller provides the means by which the consumer may instruct the seller not to ship the offered merchandise, and which is regulated by the Federal Trade Commission trade regulation concerning “Use of Negative Option Plans by Sellers in Commerce”; or (ii) Using arrangements such as continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis. (H) A person that solicits business from prospective purchasers who have previously purchased from the business enterprise for which the person is calling, unless the person solicits a business opportunity. (I) A person that solicits without the intent to complete and who does not complete a sales presentation during the telephone solicitation and who only completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser, unless at the later meeting the solicitor collects or attempts to collect payment to deliver items purchased. (J) Any supervised financial institution or parent, subsidiary, or affiliate of a supervised financial institution. As used in this subparagraph, “supervised financial institution” means any financial institution or trust company, as those terms are defined in ORS 706.008, or any personal property broker, consumer finance lender, commercial finance lender or insurer that is subject to regulation by an official or agency of this state or the United States. (K) A person that solicits the sale of funeral or burial services regulated by ORS chapter 692. (L) A person that solicits the sale of services that a cable television system provides under authority of a franchise or permit issued by a governmental agency of this state or a subdivision of a governmental agency of this state. (M) A person or affiliate of a person whose business is regulated by the Public Utility Commission, or a telecommunications utility with access lines of 15,000 or less or a cooperative telephone association. (N) A person that solicits the sale of a farm product, as defined in ORS 79A.1020, if the solicitation does not result in a sale that costs the purchaser more than $100. (O) An issuer or a subsidiary of an issuer that has a class of securities that is subject to section 12 of the Securities Exchange Act of 1934 and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) of subsection (g) of that section. (P) A person that solicits exclusively the sale of telephone answering services that the person or the person’s employer provides. (Q) A person registered under the Charitable Solicitations Act. 1989 c.622 §2; 1997 c.249 §196; 1997 c.631 §513; 1999 c.59 §188; 1999 c.402 §5; 2001 c.445 §177; 2007 c.661 §27; 2007 c.836 §47; 2015 c.199 §1

Or. Rev. Stat. § 646.553 Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules

646.553. Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules (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 business. Individual employees of the telephonic seller are not required to register. A telephonic seller is conducting business in this state if telephone solicitations of prospective purchasers are made from locations in this state or solicitation is made of prospective purchasers located in this state. (2) A registration shall be effective for one year from the date of filing with the Department of Justice. Each application for registration, or renewal thereof, shall be accompanied by a fee of $400. (3) The Department of Justice shall send to each registrant a certificate or other appropriate document demonstrating registration compliance, which shall be posted at the telephonic seller’s principal business location. (4) Each application for registration shall be in writing and shall contain such information regarding the conduct of the telephonic seller’s business and the personnel conducting the business and shall be submitted in such form and manner as the Department of Justice may prescribe. (5) At the time of submission of a registration application, each telephonic seller shall file with the Attorney General an irrevocable consent appointing the Attorney General to act as the telephonic seller’s attorney to receive service of process in any action, suit or proceeding against the telephonic seller or the telephonic seller’s successor in interest which may arise under ORS 336.184 and 646.605 to 646.652. (6) The Department of Justice may refuse to issue a registration to, and may suspend, revoke or refuse to renew the registration of, any person who: (a) Has obtained or attempted to obtain a registration under ORS 646.551 to 646.557 by fraud or material misrepresentation; (b) Has violated any provision of ORS 646.551 to 646.557; (c) Has violated a provision of ORS 646.607 or 646.608; (d) Has violated an assurance of voluntary compliance entered into under ORS 336.184 and 646.605 to 646.652; (e) Is guilty of fraud or deceit, or of gross negligence, incompetency or misconduct in the person’s practice of business as a telephonic seller, creating a risk of financial or other injury to the public; (f) Has been convicted of a felony under the laws of any state or of the United States. However, such conduct may be considered only to the extent permissible under the provisions of ORS 670.280; (g) Has been convicted of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; or (h) Has had the person’s authority to engage in business as a telephonic seller refused, canceled, revoked, suspended or not renewed in any state. (7) When the Department of Justice proposes to refuse to issue or renew a registration or proposes to revoke or suspend a registration, opportunity for hearing shall be accorded as provided in ORS chapter 183. The Department of Justice shall adopt rules prescribing the conduct of the hearing, including but not limited to rules governing the admissibility of evidence. (8) A person whose registration is revoked or not renewed pursuant to this section shall not be eligible to apply for a registration under ORS 646.551 to 646.557 until two years after the effective date of the revocation or nonrenewal. (9) A telephonic seller whose registration is revoked, suspended or not renewed under this section shall not conduct business in this state. 1989 c.622 §3; 1999 c.368 §1

Or. Rev. Stat. § 646.555 Burden of proof for person claiming exemption

646.555. Burden of proof for person claiming exemption 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

Or. Rev. Stat. § 646.557 Required disclosures by telephonic seller

646.557. Required disclosures by telephonic seller 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 seller represents or implies that a prospective purchaser will receive, without charge therefor, certain specific items or one item from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes or otherwise, the seller shall provide the following: (a) The information required to be filed by ORS 646.553. (b) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location. (c) The total number of individuals who have actually received from the telephonic seller, during the preceding 12 months or if the seller has not been in business that long, during the period the telephonic seller has been in business, the item having the greatest value and the item with the smallest odds of being received. (2) If the telephonic seller is offering to sell any metal, stone or mineral, the seller shall provide the following information: (a) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location. (b) The information required to be filed by ORS 646.553. (3) If the telephonic seller is offering to sell an interest in oil, gas or mineral fields, wells or exploration sites, the seller shall provide the following information: (a) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location. (b) The information required to be filed by ORS 646.553. (4) If the telephonic seller represents that office equipment or supplies being offered are offered at prices which are below those usually changed for these items, the seller shall provide the following information: (a) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location. (b) The name of the manufacturer of each of the items the telephonic seller has represented for sale and in which the prospective purchaser expresses interest. 1989 c.622 §5

Or. Rev. Stat. § 646.559 Rules

646.559. Rules 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

Or. Rev. Stat. § 646.561 Definitions for ORS 646.561 to 646.565

646.561. Definitions for ORS 646.561 to 646.565 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 occurred within the 18 months that preceded a call. (3) “Party” means a telephone customer of a telecommunications company. (4)(a) “Telephone solicitation” means a solicitation for the purpose of encouraging a party to purchase real estate, goods or services, or to make a donation, made to the party by means of: (A) A call on a telephone or telephone line; or (B) A text message. (b) “Telephone solicitation” does not include: (A) A call or text message that a charitable organization, a public agency or volunteers on behalf of the organization or agency makes or sends to members of the organization or agency or to persons who have made a donation or expressed an interest in making a donation to the organization or agency; (B) A call or text message that is limited to polling or soliciting the expression of ideas, opinions or votes; (C) A business to business call or text message; or (D) A call or text message that responds directly to a message received from a party. 1989 c.622 §8; 2007 c.441 §3; 2025 c.580 §1

Or. Rev. Stat. § 646.563 Telephone solicitation of party who states desire not to be contacted; prohibited actions

646.563. Telephone solicitation of party who states desire not to be contacted; prohibited actions (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 party at that number. (b) The person initiates a telephone solicitation outside the hours of 8 a.m. to 8 p.m. or initiates a solicitation more than three separate times to a party within a 24-hour period, unless the person has an established business relationship with the party. (c) The person during a telephone solicitation misrepresents or falsifies: (A) The person’s identity or the identity of another person on behalf of which the person makes the telephone solicitation; or (B) The purpose of the telephone solicitation. (2) For the purpose of complying with the requirements of this section, a person may rely on the area code of a telephone number for a mobile telephone to determine whether the telephone number is for a party located in this state. 1989 c.622 §9; 2001 c.924 §15; 2025 c.580 §2

Or. Rev. Stat. § 646.565 Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission

646.565. Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission 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 in the consumer information pages of local telephone directories. 1989 c.622 §10

Or. Rev. Stat. § 646.567 Definitions for ORS 646.567 to 646.578

646.567. Definitions for ORS 646.567 to 646.578 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 limited to the name and address of the party and the method by which the party paid the fee required by ORS 646.574. (3) “Party” means a telephone customer of a telecommunications company. (4) “Qualified trade association” means an organization with at least the following characteristics: (a) Written bylaws or governing documents including a code of conduct for its members; and (b) Criteria and procedures for expelling or suspending members who violate the association’s bylaws or governing documents. (5) “Telephone solicitation” means the solicitation by telephone by any person of a party for the purpose of encouraging the party to purchase real estate, goods or services, or make a donation. “Telephone solicitation” does not include: (a) Calls made in response to a request or inquiry by the called party; (b) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have donated or expressed an interest in donating real estate, goods or services to the organization or agency; (c) Calls limited to polling or soliciting the expression of ideas, opinions or votes; or (d) Business to business contacts. 1989 c.451 §1; 1999 c.564 §6; 2001 c.170 §1; 2007 c.441 §4

Or. Rev. Stat. § 646.568 Findings and purpose

646.568. Findings and purpose (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 Oregonians harm because: (A) Telephone solicitations have become a primary tool for the marketing of real estate, goods and services to parties. Telephone solicitors have engaged in the practice of cold calling, which is the initiation of calls to parties with whom the telephone solicitors have no prior business relationship, to market scams, fraudulent schemes and worthless goods and services to unsuspecting parties who often lose thousands of dollars as a result of the solicitations. (B) Telephone solicitors often make calls based on lists targeting the elderly or other vulnerable populations who are unable to assess the risks associated with engaging in sales transactions over the telephone. (C) Technologies designed to assist parties in avoiding unwanted telephone solicitations are not effective and place an additional financial burden on parties, effectively shifting the cost of unwanted telephone solicitations to parties. These technologies include: (i) Caller identification systems, for which parties bear the cost of the caller identification service and any related hardware, and for which technology exists that allows telephone solicitors to block caller identification data; (ii) Privacy manager services that, for a fee, intercept calls; and (iii) Unlisted telephone numbers, for which parties pay an additional fee. (D) Unwanted telephone solicitations tie up telephone lines and prevent legitimate telephone calls from being received or placed by parties. Predictive dialers utilized by telephone solicitors that automatically dial parties’ telephone numbers frequently result in abandoned telephone solicitations and silence when the party answers the phone. These solicitations constitute an intrusion on the property of parties and an invasion of privacy. (E) The growing practice of preacquired account telephone solicitation, in which a telephone solicitor acquires the party’s billing information prior to initiating a telephone solicitation, has increasingly resulted in unauthorized charges to parties’ financial accounts. (c) Existing state and federal laws are inadequate to prevent the harm to the public welfare that results from telephone solicitations. (d) Allowing parties to choose not to receive unwanted telephone solicitations by placing their telephone numbers on a “do not call” list provides a means by which parties can protect themselves from fraud related to telephone solicitations and from the resulting economic harm and invasion of privacy. (2) The purpose of ORS 646.567 to 646.578 is to prevent the harmful effects set forth in subsection (1)(b) of this section that result from telephone solicitations without inhibiting legitimate telephone solicitations to parties who choose to receive them. Prohibiting telephone solicitations to those Oregonians whose telephone numbers appear on the list described in ORS 646.574 enables Oregonians to choose whether to receive telephone solicitations. 2007 c.441 §2

Or. Rev. Stat. § 646.569 Prohibition of solicitation of party on do-not-call list; liability for assistance or support; exceptions

646.569. Prohibition of solicitation of party on do-not-call list; liability for assistance or support; exceptions (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 federal registry designated under ORS 646.572. (b) If a person knows or consciously avoids knowing that another person is engaging in an act or practice that violates the provisions of paragraph (a) of this subsection and the person nonetheless provides substantial assistance or support for the violation, including permitting, carrying or facilitating calls that violate paragraph (a) of this subsection, the person is liable for any loss and subject to any penalty for the violation to the same extent as the person that engaged in the violation of paragraph (a) of this subsection. (c) A violation of paragraph (a) of this subsection is an unlawful practice under ORS 646.608. (d) Paragraphs (b) and (c) of this subsection do not apply to: (A) A telecommunications utility or cooperative corporation when engaged in providing a telecommunications service and operating as a common carrier, as defined in 47 U.S.C. 153(11), as in effect on September 24, 2023, including a radio common carrier that engages in providing cellular communications services for hire; and (B) A person that enables another person to complete a voice communication by means of a network that the person operates and on which the voice communication terminates. (2) For purposes of 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) “Predecessor of the business enterprise” means a financial institution as defined in 15 U.S.C. 6827 that has: (A) Merged with or been acquired by the business enterprise for which the person is calling; or (B) Sold or assigned an account of a party who has previously purchased from the business enterprise, to the business enterprise for which the person is calling. (c) “Radio common carrier” has the meaning given that term in ORS 759.005. (d) “Telecommunications service” has the meaning given that term in ORS 759.005. (e) “Telecommunications utility” has the meaning given that term in ORS 759.005. (f) “Telephone solicitation” does not include a person soliciting business from prospective purchasers who have previously purchased from: (A) The person making the solicitation; (B) The business enterprise for which the person is calling; or (C) A predecessor of the business enterprise for which the person is calling. 1989 c.451 §2; 1999 c.564 §1; 2001 c.503 §1; 2007 c.441 §5; 2023 c.322 §1

Or. Rev. Stat. § 646.572 Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General

646.572. Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General (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 registry maintained by the Federal Trade Commission under 16 C.F.R. 310, in lieu of an Oregon do not call registry. (2) The Attorney General may include in a contract with the administrator any provision that the Attorney General determines is in the public interest. (3) If a party requests, the Attorney General shall instruct the party on how to register the party’s telephone number on the federal “do not call” registry designated under subsection (1)(b) of this section. 1999 c.564 §3; 2007 c.441 §6

Or. Rev. Stat. § 646.574 List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints

646.574. List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints (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 solicitation at the listed numbers. Beginning on the date specified in the contract between the administrator and the Attorney General and at least once each quarter thereafter, the administrator shall update the list by: (a) Adding the numbers of parties who have filed notice and paid the fee as required in this section; and (b) Removing the numbers of those parties who have requested that their numbers be removed or whose listing has expired without renewal. (2) A party may file notice together with a fee of $10 per listed number, or such lesser amount as may be specified in the contract, with the administrator indicating the party’s desire to place telephone numbers on the list described in subsection (1) of this section. The notice shall be filed in the form and manner specified in the contract between the administrator and the Attorney General. The notice is effective for one year from the date the party files the notice. The party may renew the notice for additional periods of one year by filing an additional notice and paying an additional fee by the anniversary of the original filing date of the notice. (3) Information about a party is confidential. The Attorney General may not disclose information about a party. (4) The administrator may not furnish the list or disclose any information about a party to any person, except as follows: (a) Upon request of a person engaging or intending to engage in telephone solicitations and after payment of the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish to the person: (A) The most recent copy of the list described in subsection (1) of this section. (B) The names of the parties whose telephone numbers are on the list. (b) Upon request of a qualified trade association and after payment of the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish to the qualified trade association: (A) The most recent copy of the list described in subsection (1) of this section. (B) The names of the parties whose telephone numbers are on the list. (c) A qualified trade association that receives a list or the names of the parties whose telephone numbers are on the list under this subsection may make the list or the names available to its members on any terms the association and its members may impose. (d) Upon request of the Attorney General for the purpose of enforcing ORS 646.569, the administrator shall furnish the Attorney General with all requested information about a party or any person who the Attorney General believes has engaged in a solicitation prohibited by ORS 646.569. The administrator may not charge a fee for furnishing the information to the Attorney General. (e) Upon request of any party who has filed a notice and paid the fee as provided in subsection (2) of this section, the administrator shall furnish the party with all requested information about the party or any person who the party believes has engaged in a solicitation prohibited by ORS 646.569. The administrator may not charge a fee for furnishing the information to the party. (f) The administrator shall comply with any lawful subpoena or court order directing disclosure of the list and of any other information. (g) The administrator shall provide all information that may be requested by any successor administrator who may be selected by the Attorney General. The administrator may not charge a fee for furnishing the information to the successor administrator. (5) The administrator shall promptly forward any complaints concerning alleged violations of ORS 646.569 to the Attorney General. (6) Fees paid to the administrator under this section shall be considered income to the administrator in the manner specified in the contract between the administrator and the Attorney General. (7) When furnishing the list or names under subsection (4) of this section, the administrator shall make the information available in printed and electronic form. 1999 c.564 §4; 2001 c.170 §2; 2007 c.441 §7

Or. Rev. Stat. § 646.576 Rules

646.576. Rules 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

Or. Rev. Stat. § 646.578 Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission

646.578. Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission 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 the notice in the consumer information pages of local telephone directories. Formerly 646.571

Or. Rev. Stat. § 646.605 Definitions for ORS 336.184 and 646.605 to 646.652

646.605. Definitions for ORS 336.184 and 646.605 to 646.652 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 alleged to have committed an act prohibited by ORS 336.184 and 646.605 to 646.652; or (d) With the defendant’s consent, where the prosecuting attorney maintains an office. (2) “Documentary material” means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated. (3) “Examination” of documentary material includes inspection, study or copying of any documentary material, and taking testimony under oath or acknowledgment regarding any documentary material or copy thereof. (4) “Person” means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity except bodies or officers acting under statutory authority of this state or the United States. (5) “Prosecuting attorney” means the Attorney General or the district attorney of any county in which a violation of ORS 336.184 and 646.605 to 646.652 is alleged to have occurred. (6)(a) “Real estate, goods or services” means those that are or may be obtained primarily for personal, family or household purposes, or that are or may be obtained for any purposes as a result of a telephone solicitation, and includes loans and extensions of credit, and franchises, distributorships and other similar business opportunities, but does not include insurance. (b) Notwithstanding paragraph (a) of this subsection: (A) “Real estate” does not cover conduct covered by ORS chapter 90. (B) “Loans and extensions of credit” does not include transactions involving a pawnbroker, as defined in ORS 726.010, that is required to be licensed under ORS chapter 726. (7) “Telephone solicitation” means a solicitation where a person, in the course of the person’s business, vocation or occupation, uses a telephone or an automatic dialing-announcing device to initiate telephonic contact with a potential customer and the person is not one of the following: (a) A person who is a broker-dealer or salesperson licensed under ORS 59.175, or a mortgage banker or mortgage broker licensed under ORS 86A.106, when the solicitation is for a security qualified for sale pursuant to ORS 59.055. (b) A real estate licensee or a person who is otherwise authorized to engage in professional real estate activity pursuant to ORS chapter 696, when the solicitation involves professional real estate activity. (c) A person licensed or exempt from licensure as a builder pursuant to ORS chapter 701, when the solicitation involves the construction, alteration, repair, improvement or demolition of a structure. (d) A person licensed or otherwise authorized to sell insurance as an insurance producer pursuant to ORS chapter 744, when the solicitation involves insurance. (e) A person soliciting the sale of a newspaper of general circulation, a magazine or membership in a book or record club who complies with ORS 646.611, when the solicitation involves newspapers, magazines or membership in a book or record club. (f) A person soliciting without the intent to complete and who does not complete the sales presentation during the telephone solicitation and who only completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser. (g) A supervised financial institution or parent, subsidiary or affiliate thereof. As used in this paragraph, “supervised financial institution” means any financial institution or trust company, as those terms are defined in ORS 706.008, or any personal property broker, consumer finance lender, commercial finance lender or insurer that is subject to regulation by an official or agency of this state or of the United States. (h) A person who is authorized to conduct prearrangement or preconstruction funeral or cemetery sales, pursuant to ORS chapter 692, when the solicitation involves prearrangement or preconstruction funeral or cemetery plans. (i) A person who solicits the services provided by a cable television system licensed or franchised pursuant to state, local or federal law, when the solicitation involves cable television services. (j) A person or affiliate of a person whose business is regulated by the Public Utility Commission of Oregon. (k) A person who sells farm products as defined by ORS 576.006 if the solicitation neither intends to nor actually results in a sale that costs the purchaser in excess of $100. (L) An issuer or subsidiary of an issuer that has a class of securities that is subject to section 12 of the Securities Exchange Act of 1934 and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) or subsection (g) of that section. (m) A person soliciting exclusively the sale of telephone answering services to be provided by that person or that person’s employer when the solicitation involves answering services. (n) A telecommunications utility with access lines of 15,000 or less or a cooperative telephone association when the solicitation involves regulated goods or services. (8) “Trade” and “commerce” mean advertising, offering or distributing, whether by sale, rental or otherwise, any real estate, goods or services, and include any trade or commerce directly or indirectly affecting the people of this state. (9) “Unconscionable tactics” include, but are not limited to, actions by which a person: (a) Knowingly takes advantage of a customer’s physical infirmity, ignorance, illiteracy or inability to understand the language of the agreement; (b) Knowingly permits a customer to enter into a transaction from which the customer will derive no material benefit; (c) Permits a customer to enter into a transaction with knowledge that there is no reasonable probability of payment of the attendant financial obligation in full by the customer when due; or (d) Knowingly takes advantage of a customer who is a disabled veteran, a disabled servicemember or a servicemember in active service, or the spouse of a disabled veteran, disabled servicemember or servicemember in active service. For purposes of this paragraph: (A) “Disabled veteran” has the meaning given that term in ORS 408.225. (B) “Disabled servicemember” means a servicemember, as defined in 50 U.S.C. 3911 as in effect on January 1, 2010, who may be entitled to disability compensation under laws administered by the United States Department of Veterans Affairs. (C) “Servicemember in active service” means: (i) A servicemember called into active service under Title 10 or Title 32 of the United States Code as in effect on January 1, 2010; or (ii) A servicemember on state active duty, as defined in the Oregon Code of Military Justice. (10) A willful violation occurs when the person committing the violation knew or should have known that the conduct of the person was a violation. (11) A loan is made “in close connection with the sale of a manufactured dwelling” if: (a) The lender directly or indirectly controls, is controlled by or is under common control with the seller, unless the relationship is remote and is not a factor in the transaction; (b) The lender gives a commission, rebate or credit in any form to a seller who refers the borrower to the lender, other than payment of the proceeds of the loan jointly to the seller and the borrower; (c) The lender is related to the seller by blood or marriage; (d) The seller directly and materially assists the borrower in obtaining the loan; (e) The seller prepares documents that are given to the lender and used in connection with the loan; or (f) The lender supplies documents to the seller used by the borrower in obtaining the loan. 1965 c.490 §2; 1967 c.599 §1; 1971 c.744 §5; 1973 c.235 §1; 1977 c.195 §1; 1989 c.137 §1; 1993 c.508 §40; 1995 c.79 §328; 1997 c.249 §197; 1997 c.631 §514; 1999 c.59 §189; 1999 c.402 §6; 2001 c.917 §4; 2003 c.364 §52; 2003 c.658 §§11,12; 2007 c.71 §§198,199; 2007 c.319 §§31,32; 2009 c.215 §§1,2; 2010 c.94 §§1,2; 2013 c.1 §§79,80; 2013 c.81 §§23,24; 2019 c.13 §58

Or. Rev. Stat. § 646.607 Unlawful business, trade practices

646.607. Unlawful business, trade practices 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 obligation. (2) Fails to deliver all or any portion of real estate, goods or services as promised, and at a customer’s request, fails to refund money that the customer gave to the person to purchase the undelivered real estate, goods or services and that the person does not retain pursuant to any right, claim or defense the person may assert in good faith. This subsection does not create a warranty obligation and does not apply to a dispute over the quality of real estate, goods or services delivered to a customer. (3) Violates ORS 401.965 (2). (4) Violates a provision of ORS 646A.725 to 646A.750. (5) Violates ORS 646A.530. (6) Employs a collection practice that is unlawful under ORS 646.639. (7) Is a beneficiary that violates ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2). (8) Violates ORS 646A.093. (9) Violates a provision of ORS 646A.600 to 646A.628. (10) Violates ORS 646A.808 (2). (11) Violates ORS 336.184. (12) Publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation. (13) Violates ORS 646A.813 (2). (14) Violates ORS 137.930 (1). 1977 c.195 §4; 1979 c.505 §1; 2003 c.759 §§9,10; 2007 c.223 §6; 2008 c.19 §16; 2008 c.31 §4; 2009 c.60 §1; 2013 c.304 §13; 2013 c.433 §2; 2015 c.128 §2; 2015 c.357 §4; 2015 c.528 §3; 2017 c.145 §1; 2019 c.193 §2; 2021 c.305 §2; 2021 c.486 §5; 2021 c.305 §3

Or. Rev. Stat. § 646.608 Additional unlawful business, trade practices; proof; rules

646.608. Additional unlawful business, trade practices; proof; rules (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 or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services. (c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another. (d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services. (e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have. (f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand. (g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another. (h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact. (i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity. (j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions. (k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred. (L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers. (m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling. (n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611. (o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction. (p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service. (q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised. (r) Organizes or induces or attempts to induce membership in a pyramid club. (s) Makes false or misleading representations of fact concerning the offering price of, or the person’s cost for real estate, goods or services. (t) Concurrent with tender or delivery of any real estate, goods or services, fails to disclose any known material defect or material nonconformity. (u) Engages in any other unfair or deceptive conduct in trade or commerce. (v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640, whether in a commercial or noncommercial situation. (w) Manufactures mercury fever thermometers. (x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is: (A) Prescribed by a person licensed under ORS chapter 677; and (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur. (y) Sells a thermostat that contains mercury, unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, “thermostat” means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. (z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches. (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430. (bb) Violates ORS 646A.070 (1). (cc) Violates any requirement of ORS 646A.030 to 646A.040. (dd) Violates the provisions of ORS 128.801 to 128.898. (ee) Violates ORS 646.883 or 646.885. (ff) Violates ORS 646.569 or 646A.374. (gg) Violates the provisions of ORS 646A.142. (hh) Violates ORS 646A.360. (ii) Violates ORS 646.553 or 646.557 or any rule adopted pursuant thereto. (jj) Violates ORS 646.563. (kk) Violates ORS 759.680 or any rule adopted pursuant thereto. (LL) Violates the provisions of ORS 759.705, 759.710 and 759.720 or any rule adopted pursuant thereto. (mm) Violates ORS 646A.210 or 646A.214. (nn) Violates any provision of ORS 646A.124 to 646A.134. (oo) Violates ORS 646A.095. (pp) Violates ORS 822.046. (qq) Violates ORS 128.001. (rr) Violates ORS 646A.800 (2) to (4). (ss) Violates ORS 646A.090. (tt) Violates ORS 87.686. (uu) Violates ORS 646A.803. (vv) Violates ORS 646A.362. (ww) Violates ORS 646A.052 or any rule adopted under ORS 646A.052 or 646A.054. (xx) Violates ORS 180.440 (1) or 180.486 (1). (yy) Commits the offense of acting as a vehicle dealer without a certificate under ORS 822.005. (zz) Violates ORS 87.007 (2) or (3). (aaa) Violates ORS 92.405 (1), (2) or (3). (bbb) Engages in an unlawful practice under ORS 646.648. (ccc) Violates ORS 646A.365. (ddd) Violates ORS 98.853, 98.854, 98.856 or 98.858. (eee) Sells a gift card in violation of ORS 646A.276. (fff) Violates ORS 646A.102, 646A.106 or 646A.108. (ggg) Violates ORS 646A.430 to 646A.450. (hhh) Violates a provision of ORS 744.318 to 744.384. (iii) Violates a provision of ORS 646A.702 to 646A.720. (jjj) Violates ORS 646A.530 30 or more days after a recall notice, warning or declaration described in ORS 646A.530 is issued for the children’s product, as defined in ORS 646A.525, that is the subject of the violation. (kkk) Violates a provision of ORS 697.612, 697.642, 697.652, 697.662, 697.682, 697.692 or 697.707. (LLL) Violates the consumer protection provisions of the Servicemembers Civil Relief Act, 50 U.S.C. 3901 et seq., as in effect on January 1, 2010. (mmm) Violates a provision of ORS 646A.480 to 646A.495. (nnn) Violates ORS 646A.082. (ooo) Violates ORS 646.647. (ppp) Violates ORS 646A.115. (qqq) Violates a provision of ORS 646A.405. (rrr) Violates ORS 646A.092. (sss) Violates a provision of ORS 646.644. (ttt) Violates a provision of ORS 646A.295. (uuu) Engages in the business of, or acts in the capacity of, an immigration consultant, as defined in ORS 9.280, in this state and for compensation, unless federal law authorizes the person to do so or unless the person is an active licensee of the Oregon State Bar. (vvv) Violates ORS 702.012, 702.029 or 702.054. (www) Violates ORS 646A.806. (xxx) Violates ORS 646A.810 (2). (yyy) Violates ORS 443.376. (zzz) Violates a provision of ORS 646A.770 to 646A.787. (aaaa) Violates ORS 815.077. (bbbb) Violates a provision of ORS 83.710 to 83.750. (cccc) Violates ORS 646A.087. (dddd) Violates ORS 646A.815. (eeee) Violates ORS 646A.677 (11)(a) or (12). (2) A representation under subsection (1) of this section or ORS 646.607 may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact. (3) In order to prevail in an action or suit under ORS 336.184 and 646.605 to 646.652, a prosecuting attorney need not prove competition between the parties or actual confusion or misunderstanding. (4) An action or suit may not be brought under subsection (1)(u) of this section unless the Attorney General has first established a rule in accordance with the provisions of ORS chapter 183 declaring the conduct to be unfair or deceptive in trade or commerce. (5) Notwithstanding any other provision of ORS 336.184 and 646.605 to 646.652, if an action or suit is brought under subsection (1)(xx) of this section by a person other than a prosecuting attorney, relief is limited to an injunction, and the prevailing party may be awarded reasonable attorney fees. [1971 c.744 §7 (enacted in lieu of 646.615); 1973 c.235 §2; 1973 c.513 §1; 1975 c.437 §1; 1977 c.195 §2; 1979 c.503 §4; 1983 c.404 §5; 1985 c.251 §10a; 1985 c.538 §3; 1985 c.694 §8; 1985 c.729 §22; 1987 c.626 §5; 1989 c.273 §7; 1989 c.451 §4; 1989 c.458 §3; 1989 c.621 §4; 1989 c.622 §7; 1989 c.623 §3; 1989 c.913 §1; 1991 c.532 §25; 1991 c.672 §8; 1993 c.58 §3; 1993 c.283 §10; 1993 c.582 §11; 1993 c.645 §10; 1993 c.700 §2; 1995 c.713 §6; 1995 c.788 §2; 1997 c.132 §6; 1997 c.806 §2; 1999 c.194 §9; 1999 c.400 §4; 1999 c.669 §3; 1999 c.719 §3; 1999 c.875 §3; 2001 c.924 §§11,13; 2001 c.969 §5; 2003 c.133 §§1,2; 2003 c.486 §§2,3; 2003 c.778 §§4,5; 2003 c.801 §§18,19; 2005 c.42 §§1,2; 2005 c.799 §§2,3; 2007 c.304 §2; 2007 c.538 §18; 2007 c.685 §13; 2007 c.772 §4; 2007 c.820 §8; 2007 c.823 §5; 2008 c.19 §§7,8; 2008 c.31 §§5,6; 2009 c.133 §6; 2009 c.150 §1; 2009 c.170 §1; 2009 c.197 §1; 2009 c.215 §3; 2009 c.310 §2; 2009 c.448 §11; 2009 c.604 §23; 2009 c.711 §21; 2009 c.717 §26; 2011 c.57 §2; 2011 c.502 §3; 2011 c.509 §4; 2012 c.52 §6; 2013 c.54 §8; 2013 c.77 §1; 2013 c.330 §2; 2013 c.493 §5; 2014 c.19 §3; 2015 c.523 §§9,10; 2017 c.113 §§14,15; 2017 c.241 §§2,3; 2017 c.480 §§15,16; 2017 c.656 §§5,6; 2019 c.13 §§59,60; 2019 c.175 §2; 2021 c.578 §12; 2023 c.278 §2; 2023 c.322 §3; 2023 c.410 §6; 2025 c.32 §109; 2025 c.81 §2; 2025 c.160 §2; 2025 c.311 §2; 2025 c.326 §2; 2025 c.343 §2]

Or. Rev. Stat. § 646.609 “Pyramid club” and “investment” defined

646.609. “Pyramid club” and “investment” defined 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 upon condition of making an investment and who may further perpetuate the chain of persons who are granted such license or right upon such condition. “Pyramid club” also includes any such sales device which does not involve the sale or distribution of any real estate, goods or services, including but not limited to a chain letter scheme. A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for such license or right to recruit or solicit or the receipt of economic gain therefrom, does not change the identity of the scheme as a pyramid club. As used herein, “investment” means any acquisition, for a consideration other than personal services, of property, tangible or intangible, and includes without limitation, franchises, business opportunities and services. It does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale. For the purpose of ORS 646.608 (1)(r), any person who organizes or induces or attempts to induce membership in a pyramid club is acting in the course of the person’s business, vocation or occupation. 1973 c.513 §3; 1981 c.379 §1

Or. Rev. Stat. § 646.611 Information required to be given by telephone or door to door seller to potential customer

646.611. Information required to be given by telephone or door to door seller to potential customer 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) Explains the purpose of the person’s call; (c) Provides a description in commonly understood terms of the goods or services offered for sale; and (d) Inquires whether the person being solicited is interested in listening to a sales presentation and immediately discontinues the solicitation if the person being solicited gives a negative response; and (2) During the course of the solicitation, states the total cost of the goods or services offered for sale and the number, timing and amount of installment payments if payment on an installment basis is available to the person being solicited. 1979 c.503 §6

Or. Rev. Stat. § 646.612 Application of ORS 646.607 and 646.608

646.612. Application of ORS 646.607 and 646.608 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 radio or television station in the publication or dissemination of an advertisement, when the publisher, owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement. 1971 c.744 §10; 1977 c.195 §5; 2005 c.577 §1

Or. Rev. Stat. § 646.618 Investigative demand; petition to modify

646.618. Investigative demand; petition to modify (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 cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify, to answer written interrogatories, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, or to do any of the foregoing, concerning conduct of any trade or commerce which is the subject matter of the investigation. (2) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court. 1971 c.744 §14; 1973 c.235 §3; 1977 c.195 §6; 2010 c.94 §3

Or. Rev. Stat. § 646.622 Method of serving investigative demand

646.622. Method of serving investigative demand 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 state; (2) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended; (3) In the manner provided for service of summons in an action or suit; or (4) In accordance with the direction of a court. 1971 c.744 §15; 1975 c.437 §2; 2015 c.83 §3

Or. Rev. Stat. § 646.626 Effect of failure to obey investigative demand

646.626. Effect of failure to obey investigative demand (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 an order: (a) Granting injunctive relief to restrain the person from engaging in conduct of any aspect of the trade or commerce that is involved in the alleged or suspected violation; or (b) Granting such other relief as may be required, until the person obeys the investigative demand. (2) Any disobedience of any final order of a court under this section shall be punished as a contempt of court. 1971 c.744 §16; 1973 c.235 §4; 1977 c.195 §7; 2005 c.22 §448

Or. Rev. Stat. § 646.632 Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees

646.632. Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees (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 such person from engaging in the alleged unlawful trade practice. (2) Except as provided in subsections (5) and (6) of this section, before filing a suit under subsection (1) of this section, the prosecuting attorney shall in writing notify the person charged of the alleged unlawful trade practice and the relief to be sought. Such notice shall be served in the manner set forth in ORS 646.622 for the service of investigative demands. The person charged thereupon shall have 10 days within which to execute and deliver to the prosecuting attorney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged unlawful trade practice. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. If the prosecuting attorney is satisfied with the assurance of voluntary compliance, it may be submitted to an appropriate court for approval and if approved shall thereafter be filed with the clerk of the court. If an approved assurance of voluntary compliance provides for the payment of an amount of money, as restitution or otherwise, and if the amount is not paid within 90 days of the date the court approves the assurance, or, if the assurance of voluntary compliance requires periodic payments and if any periodic payment is not paid within 30 days of the date specified in the assurance of voluntary compliance for any periodic payment, then the prosecuting attorney may submit that portion of the assurance of voluntary compliance which provides for the payment of money to the court with a certificate stating the unpaid balance in a form which fully complies with the requirements of ORS 18.038 and 18.042. Upon submission of an assurance of voluntary compliance under this subsection, the court shall sign the assurance of voluntary compliance and it shall be entered in the register of the court and the clerk of the court shall note in the register that it creates a lien. The assurance of voluntary compliance shall thereupon constitute a judgment in favor of the State of Oregon and may be enforced as provided in ORS chapter 18. The notice of the prosecuting attorney under this subsection shall not be deemed a public record until the expiration of 10 days from the service of the notice. (3) The prosecuting attorney may reject as unsatisfactory any assurance: (a) Which does not contain a promise to make restitution in specific amounts or through arbitration for persons who suffered any ascertainable loss of money or property as a result of the alleged unlawful trade practice; or (b) Which does not contain any provision, including but not limited to the keeping of records, which the prosecuting attorney reasonably believes to be necessary to ensure the continued cessation of the alleged unlawful trade practice, if such provision was included in a proposed assurance attached to the notice served pursuant to this section. (4) Violation of any of the terms of an assurance of voluntary compliance which has been approved by and filed with the court shall constitute a contempt of court. (5) The prosecuting attorney need not serve notice pursuant to subsection (2) of this section before filing a suit if, within two years of the filing of such suit, the person charged with the alleged unfair trade practice submitted to any prosecuting attorney an assurance of voluntary compliance which was accepted by and filed with an appropriate court. The prosecuting attorney shall in such case serve notice on the defendant in the manner set forth in ORS 646.622 for the service of investigative demands, on the 10th or earlier day previous to the filing of suit. (6) If the prosecuting attorney alleges that the prosecuting attorney has reason to believe that the delay caused by complying with the provisions of subsection (2) or (5) of this section would cause immediate harm to the public health, safety or welfare, the prosecuting attorney may immediately institute a suit under subsection (1) of this section. (7) A temporary restraining order may be granted without prior notice to the person if the court finds there is a threat of immediate harm to the public health, safety or welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the person restrained consents that it may be extended for a longer period. (8) The court may award reasonable attorney fees to the prevailing party in an action under this section. If the defendant prevails in such suit and the court finds that the defendant had in good faith submitted to the prosecuting attorney a satisfactory assurance of voluntary compliance prior to the institution of the suit or that the prosecuting attorney, in a suit brought under subsections (5) and (6) of this section, did not have reasonable grounds to proceed under those subsections, the court shall award reasonable attorney fees at trial and on appeal to the defendant. 1971 c.744 §11; 1975 c.437 §3; 1981 c.897 §77; 1989 c.745 §1; 1995 c.618 §97; 2003 c.576 §215; 2010 c.94 §4

Or. Rev. Stat. § 646.633 Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services

646.633. Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services (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 is required to be licensed under ORS chapter 726; (e) A mortgage banker or mortgage broker, as those terms are defined in ORS 86A.100, that is required to be licensed under ORS 86A.095 to 86A.198; or (f) A mortgage loan originator that is required to be licensed under ORS 86A.200 to 86A.239. (2) A prosecuting attorney may not take action under ORS 646.618 or 646.632 with respect to an alleged unlawful practice under ORS 646.607 or 646.608 when the conduct involves loans or extensions of credit and was engaged in by a state regulated lender unless requested to do so by the Director of the Department of Consumer and Business Services. In any action requested to be taken by the director under this subsection, the director may elect to be named as a party to the proceeding or suit. (3) The Attorney General may not adopt rules under ORS 646.608 (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except with the prior review and approval of the proposed rules by the director. The Attorney General may not adopt rules under ORS 646.608 (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except as provided in this subsection. (4) As soon as practicable upon receipt, the Attorney General shall provide the director with copies of any complaint or other initial pleading or any judgment received under ORS 646.638 when the action involves the conduct of a state regulated lender. 2010 c.94 §6; 2019 c.13 §61

Or. Rev. Stat. § 646.636 Remedial power of court

646.636. Remedial power of court 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 necessary to ensure cessation of unlawful trade practices. 1971 c.744 §12; 1977 c.195 §8; 2005 c.22 §449

Or. Rev. Stat. § 646.638 Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions

646.638. Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions (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 bring an individual action in an appropriate court to recover actual damages or statutory damages of $200, whichever is greater. The court or the jury may award punitive damages and the court may provide any equitable relief the court considers necessary or proper. (2) A person that brings an action under subsection (1) of this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences and, upon entry of any judgment in the action, shall mail a copy of the judgment to the Attorney General. Failure to mail a copy of the complaint is not a jurisdictional defect, but a court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by affidavit or by return receipt of mailing. (3) The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing defendant only if the court finds that an objectively reasonable basis for bringing the action or asserting the ground for appeal did not exist. (4) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (3) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. (5) Any permanent injunction or final judgment or order the court makes under ORS 646.632 or 646.636 is prima facie evidence in an action brought under this section that the respondent used or employed a method, act or practice declared unlawful under ORS 646.608, but an assurance of voluntary compliance, whether or not approved by the court, is not evidence of the violation. (6) Actions brought under this section must be commenced within one year after the discovery of the unlawful method, act or practice. Notwithstanding this limitation, if a prosecuting attorney filed a complaint to prevent, restrain or punish a violation of ORS 646.608, the complaint tolls the statute of limitations with respect to every private right of action under this section that is based in whole or in part on any matter set forth in the prosecuting attorney’s complaint for the period of time in which the proceeding that the prosecuting attorney initiated is pending. (7) Notwithstanding subsection (6) of this section, in any action that a seller or lessor brings against a purchaser or lessee of real estate, goods or services, the purchaser or lessee may assert any counterclaim that the purchaser or lessee has arising out of a violation of ORS 336.184 and 646.605 to 646.652. (8) A class action may be maintained under this section. In any class action under this section: (a) Statutory damages under subsection (1) of this section may be recovered on behalf of class members only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method, act or practice declared unlawful by ORS 646.608; (b) The trier of fact may award punitive damages; and (c) The court may award appropriate equitable relief. (9) This section does not apply to: (a) Any method, act or practice described in ORS 646.608 (1)(aa). Actions for violation of laws relating to odometers are provided under ORS 815.410 and 815.415. (b) A violation of ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2). 1971 c.744 §13; 1973 c.235 §5; 1975 c.437 §4; 1977 c.195 §9; 1981 c.897 §78; 1985 c.251 §10b; 1995 c.696 §35; 2001 c.917 §3; 2001 c.924 §§16,18; 2005 c.42 §§3,4; 2009 c.327 §1; 2009 c.552 §6; 2013 c.304 §14

Or. Rev. Stat. § 646.639 Unlawful collection practices

646.639. Unlawful collection practices (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 purposes. (c) “Consumer transaction” means a transaction between a consumer and a person that sells, leases or provides property, services or credit to consumers. (d) “Credit” means a right that a creditor grants to a consumer to defer payment of a debt, to incur a debt and defer payment of the debt, or to purchase or acquire property or services and defer payment for the property or services. (e) “Creditor” means a person that, in the ordinary course of the person’s business, engages in consumer transactions that result in a consumer owing a debt to the person. (f) “Debt” means an obligation or alleged obligation that arises out of a consumer transaction. (g)(A) “Debt buyer” means a person that regularly engages in the business of purchasing charged-off debt for the purpose of collecting the charged-off debt or hiring another person to collect or bring legal action to collect the charged-off debt. (B) “Debt buyer” does not include a person that acquires charged-off debt as an incidental part of acquiring a portfolio of debt that is predominantly not charged-off debt. (h) “Debt collector” means a person that by direct or indirect action, conduct or practice collects or attempts to collect a debt owed, or alleged to be owed, to a creditor or debt buyer. (i) “Debtor” means a consumer who owes or allegedly owes a debt, including a consumer who owes an amount that differs from the amount that a debt collector attempts to collect or that a debt buyer purchased or attempts to collect. (j) “Legal action” means a lawsuit, mediation, arbitration or any other proceeding in any court, including a small claims court. (k) “Original creditor” means the last entity that extended credit to a consumer to purchase goods or services, to lease goods or as a loan of moneys. (L) “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity. (2) A debt collector engages in an unlawful collection practice if the debt collector, while collecting or attempting to collect a debt, does any of the following: (a) Uses or threatens to use force or violence to cause physical harm to a debtor or to the debtor’s family or property. (b) Threatens arrest or criminal prosecution. (c) Threatens to seize, attach or sell a debtor’s property if doing so requires a court order and the debt collector does not disclose that seizing, attaching or selling the debtor’s property requires prior court proceedings. (d) Uses profane, obscene or abusive language in communicating with a debtor or the debtor’s family. (e) Communicates with a debtor or any member of the debtor’s family repeatedly or continuously or at times known to be inconvenient to the debtor or any member of the debtor’s family and with intent to harass or annoy the debtor or any member of the debtor’s family. (f) Communicates or threatens to communicate with a debtor’s employer concerning the nature or existence of the debt. (g) Communicates without a debtor’s permission or threatens to communicate with the debtor at the debtor’s place of employment if the place of employment is other than the debtor’s residence, except that the debt collector may: (A) Write to the debtor at the debtor’s place of employment if a home address is not reasonably available and if the envelope does not reveal that the communication is from a debt collector other than the person that provided the goods, services or credit from which the debt arose. (B) Telephone a debtor’s place of employment without informing any other person of the nature of the call or identifying the caller as a debt collector but only if the debt collector in good faith has made an unsuccessful attempt to telephone the debtor at the debtor’s residence during the day or during the evening between the hours of 6 p.m. and 9 p.m. The debt collector may not contact the debtor at the debtor’s place of employment more frequently than once each business week and may not telephone the debtor at the debtor’s place of employment if the debtor notifies the debt collector not to telephone at the debtor’s place of employment or if the debt collector knows or has reason to know that the debtor’s employer prohibits the debtor from receiving such communication. For the purposes of this subparagraph, any language in any agreement, contract or instrument that creates or is evidence of the debt and that purports to authorize telephone calls at the debtor’s place of employment does not give permission to the debt collector to call the debtor at the debtor’s place of employment. (h) Communicates with a debtor in writing without clearly identifying the name of the debt collector, the name of the person, if any, for whom the debt collector is attempting to collect the debt and the debt collector’s business address, on all initial communications. In subsequent communications involving multiple accounts, the debt collector may eliminate the name of the person, if any, for whom the debt collector is attempting to collect the debt and substitute the term “various” in place of the person’s name. (i) Communicates with a debtor orally without disclosing to the debtor, within 30 seconds after beginning the communication, the name of the individual who is initiating the communication and the true purpose of the communication. (j) Conceals the true purpose of the communication so as to cause any expense to a debtor in the form of long distance telephone calls, telegram fees, additional charges for wireless communication or other charges the debtor might incur by using a medium of communication. (k) Attempts or threatens to enforce a right or remedy while knowing or having reason to know that the right or remedy does not exist, or threatens to take any action that the debt collector in the regular course of business does not take. (L) Uses any form of communication that simulates legal or judicial process or that appears to be authorized, issued or approved by a governmental agency, governmental official or an attorney at law if the corresponding governmental agency, governmental official or attorney at law has not in fact authorized or approved the communication. (m) Represents that an existing debt may be increased by the addition of attorney fees, investigation fees or any other fees or charges if the fees or charges may not legally be added to the existing debt. (n) Collects or attempts to collect, by any means, including through legal action, interest or other charges or fees that exceed the actual debt unless the agreement, contract or instrument that creates the debt expressly authorizes, or a law expressly allows, the interest or other charges or fees. A debt collector may not be held liable in any action brought under this paragraph if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. The fact that the debt collector obtains a judgment for less than the amount sought in the complaint, or fails to obtain a judgment at all, does not by itself constitute evidence of a violation of this paragraph. (o) Threatens to assign or sell a debtor’s account and misrepresents or implies that the debtor would lose any defense to the debt or would be subjected to harsh, vindictive or abusive collection tactics. (p) Uses the seal or letterhead of a public official or a public agency, as those terms are defined in ORS 171.725. (q) Collects or attempts to collect any debt that the debt collector knows, or after exercising reasonable diligence would know, arises from medical expenses that qualify for reimbursement under the Oregon Health Plan or under Medicaid, except that: (A) The debt collector does not engage in an unlawful collection practice if the debt collector can produce an affidavit or certificate from the original creditor that shows that the original creditor complied with Oregon Health Authority rules barring payments for services that Medicaid fee-for-service plans or contracted health care plans cover; and (B) For purposes of this paragraph, a prepaid managed care health services organization, a coordinated care organization or a public body, as defined in ORS 174.109, or an agent or assignee of the organization or public body, is not a debt collector if the organization or public body seeks to collect a debt that arises under ORS 416.540. (r) Files a legal action to collect or files a legal action to attempt to collect a debt if the debt collector knows, or after exercising reasonable diligence would know, that an applicable statute of limitations bars the collection or the collection attempt. (s) Collects or attempts to collect or threatens to collect a debt by any means, including through legal action, if the debt collector knows, or through the exercise of reasonable care should know, that the debt does not exist or is not owed by the debtor. A debt collector may not be held liable in any action brought under this paragraph if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. The fact that the debt collector obtains a judgment for less than the amount sought in the complaint or fails to obtain a judgment at all does not by itself establish a violation of this paragraph. (t) Collects or attempts to collect a debt if the debt collector is a debt buyer, or is acting on a debt buyer’s behalf, and collects or attempts to collect purchased debt before providing to a debtor, within 30 days after the date of the debtor’s request, all of the documents listed in subsection (4)(b) of this section. (u) Collects or attempts to collect a debt without complying with the requirements of ORS 646A.677. (3) A debt collector engages in an unlawful collection practice if the debt collector, by use of any direct or indirect action, conduct or practice, enforces or attempts to enforce an obligation made void and unenforceable by the provisions of ORS 759.720 (3) to (5). (4) A debt buyer or debt collector acting on behalf of a debt buyer engages in an unlawful collection practice if the debt buyer or debt collector: (a) Files legal action against a debtor or files legal action to attempt to collect a debt if the debt buyer or debt collector knows or after exercising reasonable diligence would know that an applicable statute of limitations bars the legal action to collect or the legal action to attempt to collect the debt; (b) Brings a legal action against a debtor or otherwise brings a legal action to attempt to collect a debt without possessing business records that satisfy the requirements of ORS 40.460 (6), or of ORS 24.115, if the record is a foreign judgment, that establish the nature and the amount of the debt and that include: (A) The original creditor’s name, written as the original creditor used the name in dealings with the debtor; (B) The name and address of the debtor; (C) The name, address and telephone number of the person that owns the debt and a statement as to whether the person is a debt buyer; (D) The last four digits of the original creditor’s account number for the debt, if the original creditor’s account number for the debt had four or more digits; (E) A detailed and itemized statement of: (i) The amount the debtor last paid on the debt, if the debtor made a payment, and the date of the payment; (ii) The amount and date of the debtor’s last payment on the debt before the debtor defaulted or before the debt became charged-off debt; (iii) The balance due on the debt on the date on which the debt became charged-off debt; (iv) The amount and rate of interest, any fees and any charges that the original creditor imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge; (v) The amount and rate of interest, any fees and any charges that the debt buyer or any previous owner of the debt imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge; (vi) The attorney fees the debt buyer or debt collector seeks, if the debt buyer or debt collector expects to recover attorney fees; and (vii) Any other fee, cost or charge the debt buyer seeks to recover; (F) Evidence that the debt buyer and only the debt buyer owns the debt; (G) The date on which the debt buyer purchased the debt; and (H) A copy of the agreement between the original creditor and the debtor that is either: (i) The contract or other writing the debtor signed that created and is evidence of the original debt; or (ii) A copy of the most recent monthly statement that shows a purchase transaction or balance transfer or the debtor’s last payment, if the debtor made a payment, if the debt is a credit card debt or other debt for which a contract or other writing that is evidence of the debt does not exist; (c) Fails to provide to a debtor, after the debt buyer or debt collector receives payment in cash or the debtor requests the receipt, a receipt that: (A) Shows the name of the creditor or creditors for whom the debt buyer or debt collector received the payment and, if the creditor is not the original creditor, the account number that the original creditor assigned; and (B) States clearly whether the debt buyer or debt collector accepts the payment as payment in full or as a full and final compromise of the debt and, if not, the balance remaining on the debt after the payment; (d) Collects or attempts to collect a debt before providing, in response to a debtor’s request, the documents required under paragraph (b) of this subsection. A debt buyer or a debt collector that acts on the debt buyer’s behalf does not engage in an unlawful collection practice under this paragraph if the debt buyer or debt collector collects or attempts to collect a debt after providing the required documents to the debtor; or (e) Uses any direct or indirect action, conduct or practice to violate a provision of this section or ORS 646A.670. (5) A debt collector is not acting on a debt buyer’s behalf, and is not subject to the duties to which a debt buyer is subject under this section and ORS 646A.670, if the debt collector collects or attempts to collect a debt on behalf of an owner that retains a direct interest in the debt or if the debt is not a debt that a debt buyer purchased. 1977 c.184 §2; 1985 c.799 §1; 1991 c.672 §9; 1991 c.906 §1; 1995 c.696 §50; 2013 c.551 §3; 2017 c.625 §2; 2018 c.79 §1; 2019 c.497 §11; 2024 c.100 §29

Or. Rev. Stat. § 646.641 Civil action for unlawful collection practice; damages; attorney fees; time for commencing action

646.641. Civil action for unlawful collection practice; damages; attorney fees; time for commencing action (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 punitive damages, and the court may provide such equitable relief as it deems necessary or proper. (2) In any action brought by a person under this section, the court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff. The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing defendant only if the court finds that the plaintiff had no objectively reasonable basis for bringing the action or asserting the ground for appeal. (3) Actions brought under this section shall be commenced within three years from the date of the injury. 1977 c.184 §3; 1981 c.897 §79; 1995 c.618 §99; 2024 c.100 §30

Or. Rev. Stat. § 646.642 Civil penalties

646.642. Civil penalties (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 retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties. (2) Any person who willfully violates any provision of an assurance of voluntary compliance approved and filed with an appropriate court 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. Any prosecuting attorney may apply to an appropriate court for recovery of such civil penalty. In any action brought by a prosecuting attorney under this section, and in any contempt action brought by a prosecuting attorney pursuant to ORS 646.632 (4), the court may award to the prevailing party, in addition to any other relief provided by law, reasonable attorney fees and costs at trial and on appeal. (3) In any suit brought under ORS 646.632, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by ORS 646.607 or 646.608, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty to be set by the court of not exceeding $25,000 per violation. 1971 c.744 §17; 1975 c.437 §5; 1977 c.195 §10; 1989 c.745 §2; 1995 c.618 §100

Or. Rev. Stat. § 646.644 Free offer; required disclosures; limitations on financial obligation incurred by consumer; enforcement; exception

646.644. Free offer; required disclosures; limitations on financial obligation incurred by consumer; enforcement; exception (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 indicate the consumer’s agreement. (b) “Billing information” means any record or information compiled or maintained with respect to a consumer that identifies the consumer and provides a means by which the consumer’s financial obligation incurred by accepting a free offer may be paid or otherwise satisfied, including but not limited to information pertaining to a consumer’s credit card, payment card, charge card, debit card, checking, savings or other banking account, and electronic funds transfer information. (c) “Clear and conspicuous information” means language that is readily understandable and presented in such size, color, contrast and location, or audibility and cadence, compared to other language as to be readily noticed and understood, and that is in close proximity to the request for consent to a free offer. (d) “Consumer” means an individual who seeks to accept or accepts a free offer. (e)(A) “Free offer” means an offer of goods or services without cost, or for a one-time payment to cover only incidental charges such as shipping and handling, to a consumer that, if accepted, causes the consumer to incur a financial obligation for: (i) The goods or services received; (ii) Additional goods or services other than those initially received; or (iii) Enrollment in a membership, subscription or service contract as a result of accepting the offer. (B) “Free offer” does not include a free good or service that is received by a consumer as a result of the consumer’s entering into an agreement for enrollment in a membership, subscription or service contract that is not otherwise a free offer or a consequence of the consumer’s agreement to accept a free offer. (2) A person may not make a free offer to a consumer, or impose a financial obligation on the consumer as a result of the consumer’s acceptance of a free offer, unless the person provides the consumer with clear and conspicuous information regarding the terms of the free offer before the consumer agrees to accept the free offer, including at a minimum: (a) Identification of all goods or services, or enrollments in a membership, subscription or service contract, that the consumer will receive or incur a financial obligation for as a result of accepting the free offer; (b) The cost to the consumer of any financial obligation the consumer will incur if the consumer accepts the free offer, including any fees or charges; (c) Any requirement, if applicable, that the consumer take affirmative action to reject the free offer and instructions about how the consumer is to indicate the consumer’s rejection of the free offer; (d) A statement, if applicable, that by accepting the free offer, the consumer will become obligated for additional goods or services, or enrollment in a membership, subscription or service contract, unless the consumer takes affirmative action to cancel the free offer or otherwise reject receipt of the additional goods or services or the enrollment in a membership, subscription or service contract; (e) Except as provided in paragraph (h) of this subsection, the consumer’s right to cancel the free offer using procedures specifically identified for that purpose that, at a minimum, enable the consumer to cancel by calling a toll-free telephone number or to cancel in a manner substantially similar to that by which the consumer accepted the free offer; (f) The time period during which the consumer must cancel in order to avoid incurring a financial obligation as a result of accepting the free offer; (g) If applicable, the consumer’s right to receive a credit on goods or services received as a result of accepting the free offer when the goods or services are returned or rejected, and the time period during which the goods or services must be returned or rejected for the purpose of receiving a credit; and (h) With respect to a free offer that is for a publication, including but not limited to a magazine, newspaper or other periodical, a statement that the consumer will receive information regarding the consumer’s right to cancel the free offer and an explanation of the procedure to cancel the free offer at the time the consumer receives an invoice to pay for the publication, including but not limited to written notice of cancellation by mail to the person providing the free offer. (3) A person may not cause a consumer to incur a financial obligation as a result of accepting a free offer unless: (a) The person obtains the consumer’s billing information directly from the consumer; or (b) The consumer gives affirmative consent at the time the consumer accepts a free offer for the person to provide billing information to a person other than the person making a free offer. For purposes of this subsection, a person obtains a consumer’s billing information directly from the consumer if it is obtained by the person or by the person’s agent or employee. (4) A person may not impose a financial obligation on a consumer as a result of the consumer’s acceptance of a free offer unless the consumer’s affirmative consent to the terms of the free offer as set forth in subsection (2) of this section is obtained. (5) A person that makes a free offer to a consumer may not fail or refuse to cancel the free offer if the consumer has used, or made reasonable efforts to attempt to use, one of the procedures required by subsection (2)(e) of this section. (6) A person who violates a provision of this section engages in an unlawful practice subject to enforcement and penalty under ORS 336.184 and 646.605 to 646.652. (7) This section does not apply to free offers made in connection with services that are subject to the federal Communications Act of 1934 (47 U.S.C. 151 et seq.). 2011 c.502 §2

Or. Rev. Stat. § 646.646 Loss of license or franchise by person violating injunction

646.646. Loss of license or franchise by person violating injunction 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

Or. Rev. Stat. § 646.647 Unlawful use of recording group name; exceptions

646.647. Unlawful use of recording group name; exceptions (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 name of a recording group in advertising or presenting a live musical performance or production in which a group other than the recording group performs. (3) Subsection (2) of this section does not apply if: (a) The person is the authorized registrant and owner of a service mark for the name of the recording group registered with the United States Patent and Trademark Office; (b) At least one member of the recording group is a member of the group advertising or presenting a live musical performance or production using the name of the recording group and has a legal right to use the name of the recording group by virtue of use or operation under the name of the recording group without having abandoned the name or affiliation with the group; (c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute to the recording group and the name used in advertising or presenting a live musical performance or production is not so closely related or similar to that used by the recording group that it would cause the likelihood of confusion or of misunderstanding as to the affiliation, connection or association with the recording group; (d) The advertising relates to a live musical performance or production that will not take place in this state; or (e) The live musical performance or production is expressly authorized by the recording group. 2009 c.197 §3

Or. Rev. Stat. § 646.648 Unlawful practice by manufactured dwelling dealer

646.648. Unlawful practice by manufactured dwelling dealer (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 dealer, a manufactured dwelling that is covered by a purchase agreement, if the sale were a sale for cash instead of a retail installment sale. (c) “Manufactured dwelling” has the meaning given that term in ORS 446.003. (d) “Manufactured dwelling dealer” means a person licensed under ORS 446.691 or 446.696 or a temporary manufactured structure dealer licensee under ORS 446.701. (e) “Retail installment sale” has the meaning given that term in ORS 83.510. (2) A manufactured dwelling dealer engages in an unlawful practice when, in a sale of a manufactured dwelling, the dealer does any of the following: (a) Misrepresents to a buyer that, as a condition of financing, the buyer must purchase: (A) Credit life insurance; (B) Credit disability insurance; (C) Credit unemployment insurance; (D) Credit property insurance; (E) Health insurance; (F) Life insurance; or (G) An extended warranty. (b) In close connection with the sale, misrepresents to a lender: (A) The cash sale price; (B) The amount of the buyer’s down payment; or (C) The buyer’s credit or employment history. 2001 c.917 §1; 2003 c.655 §82

Or. Rev. Stat. § 646.652 District attorney’s reports to Attorney General; filing of voluntary compliances

646.652. District attorney’s reports to Attorney General; filing of voluntary compliances 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 all assurances of voluntary compliance accepted under ORS 646.632. 1971 c.744 §19

Or. Rev. Stat. § 646.656 Remedies supplementary to existing statutory or common law remedies

646.656. Remedies supplementary to existing statutory or common law remedies 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

Or. Rev. Stat. § 646.705 Definitions for ORS 136.617 and 646.705 to 646.805

646.705. Definitions for ORS 136.617 and 646.705 to 646.805 (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 persons” does not include proprietorships, partnerships or other business entities. 1975 c.255 §2; 1979 c.790 §1; 2023 c.103 §1

Or. Rev. Stat. § 646.715 Declaration of purpose

646.715. Declaration of purpose (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 conspiracies in restraint of trade and commerce, and for that purpose to provide means to enjoin such practices and provide remedies for those injured by them. (2) Without limiting the scope of ORS 646.705 to 646.805 and 646.990, it is the legislative purpose that it apply to intrastate trade or commerce, and to interstate trade or commerce involving an actual or threatened injury to a person or property located in this state. The decisions of federal courts in construction of federal law relating to the same subject shall be persuasive authority in the construction of ORS 646.705 to 646.805 and 646.990. 1975 c.255 §3; 2001 c.415 §1

Or. Rev. Stat. § 646.725 Prohibited acts

646.725. Prohibited acts 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

Or. Rev. Stat. § 646.730 Monopolies prohibited

646.730. Monopolies prohibited 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

Or. Rev. Stat. § 646.735 Exemption for coordinated care organizations; state action immunity; permitted activities

646.735. Exemption for coordinated care organizations; state action immunity; permitted activities (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 health care delivery is in the best interest of the public. The Legislative Assembly therefore declares its intent to exempt from state antitrust laws, and to provide immunity from federal antitrust laws through the state action doctrine, coordinated care organizations that might otherwise be constrained by such laws. (2) The Director of the Oregon Health Authority or the director’s designee shall engage in appropriate state supervision necessary to promote state action immunity under state and federal antitrust laws, and may inspect or request additional documentation to verify that the Oregon Integrated and Coordinated Health Care Delivery System established under ORS 414.570 is implemented in accordance with the legislative intent expressed in ORS 414.018. (3) Groups that include, but are not limited to, health insurance companies, health care centers, hospitals, health service organizations, employers, health care providers, health care facilities, state and local governmental entities and consumers, may meet to facilitate the development, implementation and operation of a coordinated care organization in accordance with criteria and requirements adopted by the Oregon Health Authority under ORS 414.572. Any participation by such entities and individuals shall be on a voluntary basis. (4) The authority may conduct a survey of the entities and individuals specified in subsection (3) of this section concerning payment and delivery reforms. (5) A survey or meeting under subsection (3) or (4) of this section is not a violation of state antitrust laws and shall be considered state action for purposes of federal antitrust laws through the state action doctrine. Note: 646.735 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 646 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 2011 c.602 §18; 2012 c.8 §22

Or. Rev. Stat. § 646.736 Public policy; certain cooperative activities not unlawful

646.736. Public policy; certain cooperative activities not unlawful (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 provisions of ORS chapter 62 and that does not during its fiscal year market products for nonmember patrons in an amount greater in value than the products marketed for its members may not be deemed to be a conspiracy or combination in restraint of trade, or an illegal monopoly; nor shall the contracts of such cooperative authorized by ORS chapter 62, whether or not required by the cooperative as a condition of membership or of doing business with the cooperative, be construed as an unlawful restraint of trade, or as part of a conspiracy or combination to accomplish an improper or illegal purpose or act. (2) A negotiating committee of dealers, as defined in ORS 646.515 (3), that operates in compliance with the provisions of ORS 646.737, 646.738 or 646.739 may not be deemed to be engaged in unlawful restraint of trade or to be participants in a conspiracy or combination to accomplish an improper or illegal purpose or act when the negotiating committee negotiates with a cooperative: (a) The price for which the members of the cooperative will sell agricultural products to be produced by the members; (b) The season starting price for which the members of the cooperative will sell seafood to be harvested by the members; (c) The price to be paid for the services of producing agricultural products by the members or under the control of the members; or (d) The season starting price for the services of harvesting seafood products by the members or under control of the members. Note: 646.736 to 646.739 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 646 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. Formerly 62.845

Or. Rev. Stat. § 646.737 Exemption for negotiations governing sale price of Oregon blackberries; supervision by Director of Agriculture; rules; fees

646.737. Exemption for negotiations governing sale price of Oregon blackberries; supervision by Director of Agriculture; rules; fees (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 supervised by the Director of Agriculture and that authorizes parties to engage in certain collective bargaining and negotiations to establish the price of blackberries to be produced and sold to dealers in the future. (c) “Dealer” means: (A) A dealer as defined in ORS 646.515; or (B) A licensed food processor that is a cooperative. (d) “Parties” or “party” means producers, cooperative bargaining associations, cooperatives or dealers that are participants in the blackberry regulatory program. (2) It is the intent of this section and ORS 646.535 (2) and 646.740 (11) to displace competition with a regulatory program in the Oregon blackberry industry to a limited degree. The regulatory program is intended to grant immunity from federal and state antitrust laws to Oregon blackberry producers and dealers for the limited purpose of allowing the producers and the dealers to bargain collectively and to arrive at a negotiated price for the sale of Oregon blackberries by the producers to the dealers. The activities of any party that comply with this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provision of ORS 646.705 to 646.826 or federal antitrust laws. (3) An Oregon blackberry cooperative or cooperative bargaining association may negotiate with one or more dealers to establish the price at which members of the cooperative or bargaining association will sell Oregon blackberries to be produced by or under the control of members of the cooperative or bargaining association. The dealers may negotiate the price of Oregon blackberries through a committee that sets forth the views of the dealers and votes on any issues being negotiated as authorized by this section, including the price of Oregon blackberries. However, a person that is both a member of an Oregon blackberry cooperative or cooperative bargaining association and a member of a dealer described in subsection (1)(c)(B) of this section may not participate in negotiations under this section. (4) The director shall actively supervise the conduct of a party in establishing the price of Oregon blackberries to be produced and sold to dealers at a future date. The director shall supervise the negotiations between the parties, review the prices established by the negotiations and approve the prices proposed by the parties before the prices take effect. Proposed prices and any adjustments to previously approved prices must be approved by the director before the prices or adjustments may be implemented. (5) The director may compel the parties to take whatever action the director considers necessary to: (a) Ensure that the parties are engaging in conduct that is authorized under this section; (b) Ensure that the policies of this state are being fulfilled under the blackberry regulatory program; and (c) Enjoin conduct by any of the parties that is not authorized by the director or conduct that the director finds does not advance the interests of this state in carrying out the blackberry regulatory program. (6) The director may designate employees of the State Department of Agriculture to carry out the responsibility of actively supervising the conduct of the parties, including serving as intermediaries between prospective parties. (7) The director may adopt rules to carry out the director’s authority under this section. The director by rule shall set and collect fees from the parties who are participants in the blackberry regulatory program. The fees shall be deposited in the Department of Agriculture Account established under ORS 561.150. Note: See note under 646.736. Formerly 62.847; 2023 c.9 §44

Or. Rev. Stat. § 646.738 Exemption for negotiations governing price for sale of grass seed; supervision by Director of Agriculture; rules; fees

646.738. Exemption for negotiations governing price for sale of grass seed; supervision by Director of Agriculture; rules; fees (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 described in subsection (2) of this section that is actively supervised by the Director of Agriculture and that authorizes parties to engage in certain collective bargaining and negotiations to establish the price of perennial ryegrass seed to be produced and sold to perennial ryegrass seed dealers in the future, annual ryegrass seed to be produced and sold to annual ryegrass seed dealers in the future or tall fescue seed to be produced and sold to tall fescue seed dealers in the future. (2)(a) It is the intent of this section and ORS 646.535 (2) and 646.740 (11) to displace competition with regulatory programs in the perennial ryegrass seed, annual ryegrass seed and tall fescue seed industries to a limited degree. The regulatory programs are intended to grant immunity from federal and state antitrust laws to perennial ryegrass seed, annual ryegrass seed and tall fescue seed producers and perennial ryegrass seed, annual ryegrass seed and tall fescue seed dealers for the limited purpose of allowing the producers and the dealers to bargain collectively and to arrive at a negotiated price for the sale of seed by the producers to the dealers. The activities of any party that comply with the provisions of this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provision of ORS 646.705 to 646.826 or federal antitrust laws. (b) A seed cooperative or seed association for perennial ryegrass seed, annual ryegrass seed or tall fescue seed may negotiate with one or more dealers, as defined in ORS 646.515, of perennial ryegrass seed, annual ryegrass seed or tall fescue seed to establish the price at which members of the cooperative or association will sell perennial ryegrass seed, annual ryegrass seed or tall fescue seed to be produced by its members or under the control of its members. The seed dealers may negotiate the price of the seed through a committee that sets forth the views of the dealers and votes on any issues being negotiated as authorized by this section, including the price of the seed. (c) The Director of Agriculture is authorized to actively supervise the conduct of perennial ryegrass seed, annual ryegrass seed and tall fescue seed agricultural cooperatives organized under ORS chapter 62, representative committees of perennial ryegrass seed, annual ryegrass seed or tall fescue seed dealers and any perennial ryegrass seed, annual ryegrass seed or tall fescue seed associations in establishing the price of perennial ryegrass seed, annual ryegrass seed or tall fescue seed to be produced and sold to seed dealers at a future date. The director is authorized to supervise the negotiations between the parties, review the prices established by the negotiations and approve the prices proposed by the parties before the prices take effect. The director must approve the proposed prices and any adjustments to previously approved prices before the prices may be implemented. (d) The director may compel the parties to take whatever action the director considers necessary to: (A) Ensure that the parties are engaging in conduct that is authorized under this section; (B) Ensure that the policies of this state are being fulfilled under the regulatory programs; and (C) Enjoin conduct by any of the parties that is not authorized by the director or conduct that the director finds does not advance the interests of this state in carrying out the regulatory programs. (e) The Director of Agriculture may adopt rules to carry out the director’s authority under this section. (f) The director may designate persons as the director deems necessary to carry out the responsibility of actively supervising the conduct of the parties, including serving as intermediaries between prospective parties. Persons designated by the director must be employees of the State Department of Agriculture. (g) The director by rule shall set and collect fees from the parties who are participants in regulatory programs. The fees shall be deposited in the Department of Agriculture Account established under ORS 561.150. (h) The director shall supervise the labeling of perennial ryegrass seeds, annual ryegrass seeds and tall fescue seeds to ensure compliance with ORS 633.520, 633.531 and 633.541. Note: See note under 646.736. Formerly 62.848; 2023 c.9 §45

Or. Rev. Stat. § 646.739 Exemption for negotiations governing season starting price for sale of Oregon seafood; supervision by Director of Agriculture; rules; fees

646.739. Exemption for negotiations governing season starting price for sale of Oregon seafood; supervision by Director of Agriculture; rules; fees (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 regulatory program described in subsection (2) of this section. (c) “Regulatory program” means the state regulatory program described in subsection (2) of this section that is actively supervised by the Director of Agriculture and that authorizes parties to engage in certain collective bargaining and negotiations to establish the price of Oregon seafood to be harvested and sold to dealers in the future. (d) “Season starting price” means the price at which the parties agree to sell Oregon seafood and at which the parties agree to pay for Oregon seafood at the onset of a seafood harvesting season and for as long a period as the parties to the negotiations determine. (2)(a) It is the intent of this section and ORS 646.535 (2) and 646.740 (12) to displace competition with a regulatory program in the Oregon seafood harvesting industry to a limited degree. The regulatory program is intended to grant immunity from federal and state antitrust laws to Oregon seafood harvesters and dealers for the limited purpose of allowing the harvesters and the dealers to bargain collectively and to arrive at a negotiated season starting price for the sale of Oregon seafood by the harvesters to the dealers. The activities of any party that comply with the provisions of this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provision of ORS 646.705 to 646.826 or federal antitrust laws. (b) An Oregon seafood harvester cooperative or Oregon seafood harvester association may negotiate with one or more dealers to establish the season starting price at which members of the cooperative or association will sell Oregon seafood to be harvested by its members or under the control of its members. The dealers may negotiate the season starting price of Oregon seafood through a committee that sets forth the views of the dealers and votes on any issues being negotiated as authorized by this section, including the season starting price of Oregon seafood. Participation by a dealer in season starting price negotiations is voluntary. (c) If the dealers negotiate the season starting price through a committee under paragraph (b) of this subsection, nonparticipating dealers are not bound by the acts of the committee. (d) Any agreements that arise from negotiations conducted under this section are binding only on the parties that participate in the negotiations and agree to be bound. (e) The Director of Agriculture is authorized to actively supervise the conduct of an Oregon seafood harvester cooperative organized under ORS chapter 62, a representative committee of dealers and any Oregon seafood harvester association in establishing the season starting price of Oregon seafood to be harvested and sold to dealers at a future date. The director is authorized to supervise the negotiations between the parties, review the season starting prices established by the negotiations and approve the season starting prices proposed by the parties before the season starting prices take effect. The director must approve the proposed season starting prices and any adjustments to previously approved season starting prices before the season starting prices may be implemented. (f) The director may compel the parties to take whatever action the director considers necessary to: (A) Ensure that the parties are engaging in conduct that is authorized under this section; (B) Ensure that the policies of this state are being fulfilled under the regulatory program; and (C) Enjoin conduct by any of the parties that is not authorized by the director or conduct that the director finds does not advance the interests of this state in carrying out the regulatory program. (g) The director may adopt rules to carry out the director’s authority under this section. (h) The director may designate persons as the director deems necessary to carry out the responsibility of actively supervising the conduct of the parties, including serving as intermediaries between prospective parties. Persons designated by the director must be employees of the State Department of Agriculture. (i) The director by rule shall set and collect fees from the parties who are participants in a regulatory program. The fees shall be deposited in the Department of Agriculture Account established under ORS 561.150. Note: See note under 646.736. Formerly 62.849; 2023 c.9 §46

Or. Rev. Stat. § 646.740 Permitted activities

646.740. Permitted activities 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 646.515, and commercial fishermen to join, belong to and act through cooperative bargaining associations under ORS 646.515 to 646.545. For the purpose of this subsection, activities of cooperative bargaining associations and their members that are lawful under 15 U.S.C. 521 and 522 or 7 U.S.C. 291 and 292 are lawful under ORS 646.515 to 646.545. (3) The activities of any person subject to regulation by the Public Utility Commission under ORS chapters 756 to 759 to the extent that such activities are so regulated and are lawful thereunder or the activities of any person conducted or carried out in accordance with any agreement or procedure approved as provided in 49 U.S.C. 5b or 5c. (4) The activities of any person subject to regulation by the Director of the Department of Consumer and Business Services under ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 743A, 743B, 744, 746, 748 and 750 to the extent that such activities are so regulated and are lawful thereunder. (5) The activities of any person subject to regulation by the Oregon Health Authority under ORS chapter 741 to the extent that such activities are so regulated and are lawful thereunder. (6) The activities of any state or national banking institution or savings and loan association, and of any other lending institution, to the extent that such activities are regulated by the Director of the Department of Consumer and Business Services under ORS chapters 706 to 725 and are lawful thereunder. (7) Any other activity specifically authorized under state law or local ordinance. (8) The activities of any metropolitan service district formed under ORS chapter 268 and the activities of any person subject to regulation by a metropolitan service district formed under ORS chapter 268 to the extent that those activities are so regulated and are lawful thereunder. (9) The activities of any person conducted or carried out in accordance with the terms and conditions of a certificate issued pursuant to 15 U.S.C. 4001 to 4021. (10) The activities of a health care provider authorized by and in accordance with ORS 442.700 to 442.760 to the extent the activities are regulated and lawful under ORS 442.700 to 442.760. (11) The negotiating activities of a dealer in agricultural commodities that are carried out and supervised under ORS 646.737 or 646.738. (12) The negotiating activities of a dealer in Oregon seafood commodities that are carried out and supervised under ORS 646.739. 1975 c.255 §6; 1977 c.545 §1; 1979 c.531 §7; 1983 c.200 §19; 1985 c.762 §185; 1987 c.373 §29; 1987 c.447 §136; 1993 c.769 §15; 1995 c.733 §75; 1997 c.296 §2; 2001 c.142 §6; 2003 c.487 §6; 2009 c.241 §5; 2023 c.9 §47

Or. Rev. Stat. § 646.745 Joint operation of Memorial Coliseum and Arena in Portland; definitions; legislative findings and goals; state supervision

646.745. Joint operation of Memorial Coliseum and Arena in Portland; definitions; legislative findings and goals; state supervision (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 percent of the shares or other ownership interests in the owner or operator of the arena or having management power over the affairs of the owner or operator of the arena. (b) “Arena” means a multipurpose arena with a seating capacity of approximately 19,000 constructed or to be constructed on real property adjacent to the Coliseum. (c) “Coliseum” means the Memorial Coliseum in Portland. (d) “Coliseum agreement” means an operating agreement, management agreement, lease or any similar agreement between the City of Portland and any corporation, partnership, limited partnership or individual who owns or operates the arena or any affiliate of the owner or operator of the arena. (2) The Legislative Assembly finds that direct competition between the Arena and Coliseum may require the City of Portland to spend limited public resources to maintain the Coliseum, undermine the City of Portland’s goal of creating a world-class center for athletic events, conventions, trade shows and other events and otherwise result in economic rivalry injurious to the interests of the City of Portland and the citizens of this state. (3) The Legislative Assembly declares that it is the policy and intent of this state to displace competition between the Arena and Coliseum by allowing the City of Portland to enter agreements for the joint operation of the facilities by an owner or operator of the Arena in order to further the following goals: (a) To avoid economic rivalry which might undermine the continuing economic viability of the Coliseum and require the public to subsidize the operations of the Coliseum with funds which the City of Portland has allocated to other public needs; (b) To allow the joint operation of the Coliseum and Arena to avoid scheduling conflicts and other related problems which would unduly burden public safety resources and the transportation system of the City of Portland; (c) To encourage the joint marketing of the Arena and Coliseum to attract trade shows, conventions and other events which require multiple venues or could otherwise not be accommodated by the Coliseum or Arena; (d) To avoid duplication of management and other services and minimize the public funds necessary to operate the Coliseum; (e) To encourage development of the Arena adjacent to the Coliseum rather than in another location; and (f) To limit financing risk and provide for development of the Arena with private funding sources so that public funds may be used for other pressing needs. (4) The Legislative Assembly declares that the City of Portland is the political subdivision of the State of Oregon best suited to monitor and supervise the operation of the Coliseum Agreement. The Legislative Assembly therefore delegates to the City of Portland the power to supervise and review the activities of the owner or operator of the Arena under the Coliseum Agreement and declares that this review shall be equivalent to active supervision by the State of Oregon to the fullest possible extent under the federal or state antitrust laws. The City of Portland may, subject to any agreement with the owner or operator of the Arena, review and approve annually or more frequently certain practices under the Coliseum Agreement, including without limitation: (a) Prices charged for Coliseum events; (b) Decisions about event allocation between the Arena and Coliseum; and (c) Decisions to decline to accommodate events at either the Coliseum or the Arena, or both. 1993 c.183 §2

Or. Rev. Stat. § 646.750 Investigative demand by Attorney General; petition to modify

646.750. Investigative demand by Attorney General; petition to modify (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 upon any person who is believed to have documentary material or information relevant to the alleged or suspected violation. The investigative demand shall require such person to produce relevant documentary material for examination and copying or reproduction, to answer in writing written interrogatories, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers or testimony under penalty of perjury, at such reasonable time and place as may be stated in the investigative demand. (2) At any time before the return day specified in the investigative demand, or within 20 days after the demand has been served whichever time is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the appropriate court. (3) The investigative demand shall state the nature of the conduct constituting the alleged antitrust violation under investigation and the provisions of law believed to be applicable thereto. 1975 c.255 §13; 1977 c.729 §1

Or. Rev. Stat. § 646.760 Civil penalties; attorney fees; mitigation

646.760. Civil penalties; attorney fees; mitigation (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 violation of ORS 646.705 to 646.805. A court may find that any act or series of acts by an officer, partner or agent of a business entity on behalf of the business entity constitutes a violation or violations by the individual person as well as the business entity. The court may impose separate penalties against each individual as well as the business entity for each violation. The court may award reasonable attorney fees, expert fees and costs of investigation to the Attorney General if the Attorney General prevails in an action under this section. The court may award reasonable attorney fees, expert fees and costs of investigation to a defendant who prevails in an action under this section if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. (2) The Attorney General’s complaint may also seek, and the court may order, in an appropriate case, the forfeiture of any corporate franchise, business entity registration, professional or business license or right to do business or to use an assumed business name if the court finds a defendant’s use of the franchise, business entity registration, license or right has been material to a violation of ORS 646.725 or 646.730. (3) The court shall take into consideration in mitigation of any penalty assessed under this section, any fine or penalty imposed against the defendant by a United States court in a final judgment under 15 U.S.C. 1 to 45, which the court finds to be based on the same or substantially the same acts of defendant. 1975 c.255 §8; 1981 c.897 §80; 1995 c.696 §36; 1999 c.370 §1; 2023 c.103 §2

Or. Rev. Stat. § 646.770 Equitable remedies; attorney fees

646.770. Equitable remedies; attorney fees (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 necessary reasonable investigative costs and reasonable expert fees. (2) Except as provided in subsection (3) of this section, in an action that a person, other than the state or a public body, brings under the provisions of this section, the court may award reasonable attorney fees to the prevailing party. Except as provided in subsection (3) of this section, in a civil action that the state or a public body brings under the provisions of this section: (a) The court may award reasonable attorney fees to the state or the public body if the state or public body prevails in the action; and (b) The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the state or the public body had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. (3) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (2) of this section if the action under this section is maintained as a class action under ORCP 32. 1975 c.255 §9; 1981 c.897 §81; 1995 c.696 §37; 2023 c.103 §3

Or. Rev. Stat. § 646.775 Actions by Attorney General; damages; attorney fees

646.775. Actions by Attorney General; damages; attorney fees (1)(a) The Attorney General may bring a civil action in the name of the State of Oregon, on behalf of a public body or as parens patriae on behalf of a natural person for injury that the natural person or the state or the public body sustained to the natural person’s, the state’s or the public body’s property by reason of a violation of ORS 646.725 or 646.730. In the action, the Attorney General may seek: (A) Equitable relief, including disgorgement of any gains; (B) Injunctive relief; and (C) Monetary relief. (b) The Attorney General may bring an action under this subsection regardless of whether the natural person, the state or the public body dealt directly or indirectly with the adverse party. (c) Subject to paragraphs (d) and (e) of this subsection, the court shall award to the Attorney General on behalf of a natural person, the state or a public body three times the total damages that the natural person, the state or the public body sustained from the violation plus the Attorney General’s costs in bringing the action. The court may award to the Attorney General reasonable attorney fees and expert fees and costs of investigation if the Attorney General prevails in an action under this subsection. (d) The court shall exclude from the amount of monetary relief awarded in an action under this subsection any amount of monetary relief: (A) That duplicates amounts that have been awarded for the same injury; or (B) That is properly allocable to natural persons who have excluded their claims pursuant to subsection (2)(b) of this section, or to any business entity. (e) The court shall award to the Attorney General only the actual damages that the natural person, the state or the public body sustains if the Attorney General prevails solely on the basis of a judgment entered in a proceeding under 15 U.S.C. 1 to 45, or in another action by the state under ORS 646.760, 646.770 or 646.780, that is used as collateral estoppel against the defendant under ORS 646.805. (f) The court may award reasonable attorney fees to a defendant that prevails in an action under this subsection if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. (2)(a) In any action the Attorney General brings under subsection (1) of this section, the Attorney General shall, at the times, in the manner and with the content the court directs, give notice by publication. If the court finds that notice given solely by publication would deny due process of law to a natural person or a public body, the court may direct further notice to the natural person or public body according to the circumstances of the case. (b) Any natural person or public body on whose behalf the Attorney General brings an action under subsection (1) of this section may elect to exclude from adjudication the portion of the claim for monetary relief attributable to the natural person or public body by filing notice of the election with the court within the time specified in the notice given pursuant to paragraph (a) of this subsection. (c) The final judgment in an action under subsection (1) of this section is res judicata as to any claim any natural person or public body has in an action that the Attorney General brought on behalf of the natural person or the public body if the natural person or public body fails to give the notice specified in paragraph (b) of this subsection within the period specified in the notice the Attorney General gives under paragraph (a) of this subsection. (3) An action under subsection (1) of this section may not be dismissed or compromised without the approval of the court, and the notice of any proposed dismissal or compromise must be given in the manner the court directs. (4) In any action under subsection (1) of this section in which there has been a determination that a defendant agreed to fix prices in violation of ORS 646.725, damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation and pro rata allocation of illegal overcharges, or by any other reasonable system of estimating aggregate damages that the court in the court’s discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, the natural person or public body on whose behalf the Attorney General brought the action. (5)(a) Monetary relief recovered in an action under subsection (1) of this section must be distributed in the manner the court in the court’s discretion may authorize, subject to the requirement that any distribution procedure adopted afford a reasonable opportunity to secure an appropriate portion of the net monetary relief to each natural person or public body on whose behalf the Attorney General brought the action. (b) The Attorney General shall deposit that portion of the monetary relief the court awards as costs of the action and a reasonable attorney fee in the Department of Justice Protection and Education Revolving Account established pursuant to ORS 180.095. (c) To the extent that the monetary relief the court awards is not exhausted by distribution under paragraphs (a) and (b) of this subsection, the remaining funds are a civil penalty for the benefit of the state under ORS 646.760. (6) The powers granted in this section are in addition to and not in derogation of the common law powers of the Attorney General to act as parens patriae, or the powers of the Attorney General to sue as a representative party on behalf of a class under ORCP 32. 1979 c.790 §3; 1981 c.897 §82; 1995 c.696 §38; 2001 c.393 §1; 2009 c.820 §4; 2023 c.103 §4

Or. Rev. Stat. § 646.780 Recovery of treble damages; exception; recovery of fees and costs; action under federal law as bar; action parens patriae by Attorney General

646.780. Recovery of treble damages; exception; recovery of fees and costs; action under federal law as bar; action parens patriae by Attorney General (1)(a) A person, the state or a public body may bring an action for an injury to the person’s, the state’s or the public body’s business or property from a violation of ORS 646.705 to 646.805 and, upon prevailing in the action, shall recover three times the damages the person, the state or the public body sustained. An action authorized by this paragraph may be brought regardless of whether the plaintiff dealt directly or indirectly with the adverse party. (b) Notwithstanding paragraph (a) of this subsection, if the state brings an action under ORS 646.760, the state may recover only the state’s actual damages sustained and any attorney fees, expert fees or investigative costs that the court may award under subsection (3) of this section. (c) Notwithstanding paragraph (a) of this subsection, if in any action under this section the plaintiff prevails solely on the basis of a judgment or decree entered in a proceeding under 15 U.S.C. 1 to 45, or in another action by the state under this section or under ORS 646.760 or 646.770, and the judgment or decree is used as collateral estoppel against a defendant under ORS 646.805, plaintiff’s recovery is limited to the actual damages sustained and any attorney fees, expert fees or investigative costs that may be awarded under subsection (3) of this section. (2) Unless there is a subsequent judgment that the court lacks jurisdiction, taking testimony at the commencement of trial on a civil complaint for damages filed under the antitrust laws of the United States constitutes an absolute bar and waiver of any right of a plaintiff in such action to recover damages from the same defendant under this section for the same or substantially the same acts of plaintiff. (3)(a) Except as provided in subsection (4) of this section, in an action brought under this section by a person other than the state or public body, the court may award reasonable attorney fees, expert fees and investigative costs to the prevailing party. (b) Except as provided in subsection (4) of this section, in a civil action brought under this section or under ORS 646.760 by the state or public body: (A) The court may award reasonable attorney fees, expert fees and investigative costs to the state or public body if the state or public body prevails in the action; and (B) The court may award reasonable attorney fees, expert fees and investigative costs to a defendant who prevails in an action under this section if the court determines that the state or public body had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. (4) The court may not award attorney fees, expert fees or investigative costs to a prevailing defendant under the provisions of this section if the action is maintained as a class action under ORCP 32. (5)(a) If the Attorney General files an action parens patriae under ORS 646.775 within 60 days after the date that a natural person files an action as a class action under this section and both the Attorney General and the natural person seek to represent the same class of natural persons, the action brought by the Attorney General must be deemed superior to the natural person’s action for the purposes of determining whether the natural person’s action under this section may not be maintained as a class action under ORCP 32. (b) Upon commencement of an action as a class action under this section by a natural person, the natural person shall mail a copy of the complaint to the Attorney General. Failure to mail a copy of the complaint is not a jurisdictional defect. (c) The Attorney General’s action must be deemed superior to the action brought as a class action as described in paragraph (a) of this subsection until the earlier of: (A) Thirty days after the natural person mails a copy of the complaint to the Attorney General as provided in paragraph (b) of this subsection; or (B) The date that a court finds that the natural person’s action is to be maintained as a class action. (d) Nothing in this subsection prohibits a natural person from filing an action as a class action if: (A) The Attorney General’s parens patriae action is dismissed before adjudication of the issues without damages paid to any natural person; or (B) A sufficient number of natural persons opt out of the parens patriae action to sustain a separate class action. 1975 c.255 §10; 1981 c.897 §83; 1983 c.467 §1; 1985 c.251 §27; 1995 c.696 §39; 2001 c.393 §2; 2009 c.304 §1; 2023 c.103 §5

Or. Rev. Stat. § 646.800 Time of commencing action

646.800. Time of commencing action (1) An action under ORS 646.760 to recover a civil penalty shall be commenced within four years after the cause of action accrued, or within one year after the conclusion of any civil or criminal proceeding instituted by the United States under the antitrust laws of the United States, except section 15a of Title 15 of the United States Code, based in whole or in part on the same matter complained of, whichever is later. (2) An action under ORS 646.780 to recover damages shall be commenced within four years after the cause of action accrued, or within one year after the conclusion of any proceeding based in whole or in part on the same matter complained of, filed either by the United States under the antitrust laws of the United States, except section 15a of Title 15 of the United States Code, or by the state (except in an action for damages by the state) under ORS 646.760, 646.770 or 646.780 (whichever is first concluded), whichever is later. 1975 c.255 §12

Or. Rev. Stat. § 646.805 Effect of prior final judgment or decree

646.805. Effect of prior final judgment or decree (1) A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws of the United States to the effect that a defendant has violated such laws, other than a judgment or decree entered in an action under section 15a of Title 15 of the United States Code or a consent judgment or decree entered before any testimony has been taken, shall estop defendant from denial of any matters established in such proceeding, in any action or proceeding brought against such defendant by the state or any person under ORS 646.760, 646.770 or 646.780, to the extent such judgment or decree would be an estoppel between the parties thereto with respect to such matters. (2) A final judgment or decree to the effect that a person has violated ORS 136.617, 646.705 to 646.805 and 646.990 in an action brought by the state under ORS 646.760, 646.770 or 646.780, other than a consent judgment or decree entered before any testimony has been taken which specifically provides therein that this subsection shall not be applicable, shall estop defendant from denial of any matters established in such action, in any other action against the defendant under ORS 646.770 or 646.780, to the extent such judgment or decree would be an estoppel between the parties thereto with respect to such matters. 1975 c.255 §11

Or. Rev. Stat. § 646.815 Criminal prosecutions; compromise of criminal charges

646.815. Criminal prosecutions; compromise of criminal charges Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 or 646.730 is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for relief under ORS 646.760, 646.770, 646.775 or 646.780. 1975 c.255 §16(2),(3); 1999 c.552 §1; 2023 c.103 §6

Or. Rev. Stat. § 646.821 Taking testimony for investigative demand

646.821. Taking testimony for investigative demand The oral testimony of any person taken pursuant to a demand served under ORS 646.750 shall be taken in the county in which such person resides, is found or transacts business, or in such other place as may be agreed upon. 1977 c.729 §3

Or. Rev. Stat. § 646.823 Attendance of Attorney General at grand jury proceedings

646.823. Attendance of Attorney General at grand jury proceedings Notwithstanding ORS 132.090 (1) the Attorney General may attend grand jury proceedings, advise it in relation to its duties, subpoena and examine witnesses and prepare such indictments or presentments as it requires in investigations of violations of ORS 646.725 or 646.730. 1977 c.729 §7

Or. Rev. Stat. § 646.826 Counsel for persons testifying; grounds for refusing to answer questions; compelling testimony; exclusion of spectators

646.826. Counsel for persons testifying; grounds for refusing to answer questions; compelling testimony; exclusion of spectators (1) Any person compelled to appear under a demand for oral testimony pursuant to ORS 646.750 may be accompanied, represented and advised by counsel with respect to any questions asked of such person. Such advice may be given in confidence. (2) Such person may refuse to answer any question on grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person shall not otherwise refuse to answer any question. (3) If such person refuses to answer any question on grounds of the privilege against self-incrimination, the testimony of the person may be compelled by the same procedure as provided in ORS 136.617. (4) The antitrust investigator or investigators conducting the examination shall exclude from the place where examination is held all other persons except the person being examined, the counsel of the person, the officer before whom the testimony is to be taken and any stenographer taking the testimony. 1977 c.729 §4

Or. Rev. Stat. § 646.831 Fees and mileage for persons testifying

646.831. Fees and mileage for persons testifying Any person appearing for oral examination pursuant to a demand served under ORS 646.750 shall be entitled to the fees and mileage provided for witnesses in ORS 44.415 (2). 1977 c.729 §5; 1989 c.980 §16

Or. Rev. Stat. § 646.836 Confidential status of investigative material; permitted disclosures; use of information in other proceedings; return of investigative material

646.836. Confidential status of investigative material; permitted disclosures; use of information in other proceedings; return of investigative material (1) While in the possession of the Attorney General any documentary material, answers to interrogatories and transcripts of oral testimony shall be held in confidence and not disclosed to any person except: (a) The person providing such material or answers; (b) The representative or attorney of the person providing the material or answers; (c) Persons employed by the Attorney General; (d) Officials of the United States or any state who are authorized to enforce federal or state antitrust laws, provided that prior to such disclosure the Attorney General shall obtain the written agreement of such officials to abide by the confidentiality restriction of this section; and (e) Other persons authorized in subsection (2) of this section. (2) Any such material or answers may be used in any investigation conducted pursuant to ORS 646.705 to 646.826 or in any case or proceeding before a court or administrative agency, or may be disclosed to any committee or subcommittee of the Legislative Assembly in such manner and for such purposes as the Attorney General deems appropriate. (3) Upon completion of a case brought under this section, the Attorney General shall return any such documents, answers and transcripts which have not passed into the control of the court through the introduction thereof into the records, to the person who provided such documents, answers or testimony upon the person’s request in writing. If no case in which such material may be used has been commenced within a reasonable time after completion of the examination or analysis of all documentary material, but in no event later than four years after production thereof, the Attorney General shall, upon written request of the person who produced such material, return all documents, answers and transcripts to the person who provided them. 1977 c.729 §6; 1987 c.500 §1

Or. Rev. Stat. § 646.881 Definitions for ORS 646.881 to 646.885

646.881. Definitions for ORS 646.881 to 646.885 As used in ORS 646.881 to 646.885, unless the context requires otherwise: (1) “Advertisement” means any oral, written or graphic statement or representation made in connection with the solicitation of business in any manner by a seller and includes, but is not limited to, statements and representations made in any newspaper or other publication, on radio or television, or printed in any catalog, circular, or any other sales literature or brochure, any billboard, or any banner or sign visible from a street or highway adjacent to the seller’s place of business. (2) “Price comparison” means the direct or indirect comparison in any advertisement whether or not expressed wholly or in part in dollars, cents, fractions or percentages of a seller’s current price for a product with any other price or statement of value, whether or not such price is actually stated in the advertisement. “Price comparison” includes any price reduction claim or savings claim which a seller makes with respect to the seller’s current price for any product. 1987 c.626 §2

Or. Rev. Stat. § 646.883 Price comparison in advertisement prohibited; exceptions

646.883. Price comparison in advertisement prohibited; exceptions It shall be unlawful for a seller to include a price comparison in an advertisement unless: (1) The seller clearly and conspicuously identifies in the advertisement the origin of the price that the seller is comparing to the seller’s current price. The origin of the price that the seller is comparing to the seller’s current price includes but is not limited to the seller’s former selling price, a manufacturer’s list price or a competitor’s price for the same real estate, goods or services. (2) The price comparison is in compliance with ORS 646.608 (1)(j) and the rules adopted under ORS 646.608 (4) and compliance is established based on facts provable by the seller. 1987 c.626 §3

Or. Rev. Stat. § 646.885 Use of terms in advertisement containing price comparison

646.885. Use of terms in advertisement containing price comparison (1) The use of terms such as “regular,” “reduced,” “sale,” “usually,” “originally,” “clearance,” “liquidation” and “formerly” shall identify the origin of the price that the seller is comparing to the seller’s current price as the seller’s own former price, or in the case of introductory advertisements, the seller’s future price. (2) Unless the seller states otherwise in the advertisement, use of terms such as “discount,” “_____ percent discount,” “$_____ discount,” “_____ percent off” and “$_____ off” shall be considered to identify the origin of the price that the seller is comparing to the seller’s current price as the seller’s former price, or in the case of introductory advertisements, the seller’s future price. 1987 c.626 §4

Or. Rev. Stat. § 646.905 Definitions for ORS 646.910 to 646.923

646.905. Definitions for ORS 646.910 to 646.923 As used in ORS 646.910 to 646.923: (1) “Alcohol” means a volatile flammable liquid having the general formula CnH(2n+1)OH used or sold for the purpose of blending or mixing with gasoline for use in propelling motor vehicles, and commonly or commercially known or sold as an alcohol, and includes ethanol or methanol. (2) “Biodiesel” means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum resources, not including palm oil, designated as B100 and complying with ASTM D 6751. (3) “Certificate of analysis” means: (a) A document verifying that B100 biodiesel has been analyzed and complies with ASTM D 6751 biodiesel fuel test methods and specifications; and (b) Certification of feedstock origination describing the percent of the feedstock sourced outside of the states of Oregon, Washington, Idaho and Montana. (4) “Co-solvent” means an alcohol other than methanol which is blended with either methanol or ethanol or both to minimize phase separation in gasoline. (5) “Ethanol” means ethyl alcohol, a flammable liquid having the formula C2H5OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles. (6) “Gasoline” means any fuel sold for use in spark ignition engines whether leaded or unleaded. (7) “Methanol” means methyl alcohol, a flammable liquid having the formula CH3OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles. (8) “Motor vehicles” means all vehicles, vessels, watercraft, engines, machines or mechanical contrivances that are propelled by internal combustion engines or motors. (9) “Nonretail dealer” means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card- or key-activated fuel dispensing device to nonretail customers. (10) “Other renewable diesel” means a diesel fuel substitute, produced from nonfossil renewable resources, that has an established ASTM standard, is approved by the United States Environmental Protection Agency, meets specifications of the National Conference on Weights and Measures, and complies with standards promulgated under ORS 646.957. (11) “Retail dealer” means any person who owns, operates, controls or supervises an establishment at which gasoline is sold or offered for sale to the public. (12) “Wholesale dealer” means any person engaged in the sale of gasoline if the seller knows or has reasonable cause to believe the buyer intends to resell the gasoline in the same or an altered form to another. 1985 c.468 §1; 1997 c.310 §13; 2007 c.739 §10; 2015 c.27 §57; 2015 c.203 §25

Or. Rev. Stat. § 646.910 Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements

646.910. Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements (1) A wholesale dealer or retail dealer may not sell or offer to sell gasoline: (a) As a fuel for motor vehicles that are operated on a public street or highway unless the gasoline and any additives blended with the gasoline appear on the list of registered fuels and fuel additives that the United States Environmental Protection Agency publishes in accordance with 42 U.S.C. 7545 (section 211 of the Clean Air Act) and 40 C.F.R. Part 79; (b) That contains methyl tertiary butyl ether (MTBE) in concentrations that exceed 0.15 percent by volume; or (c) That contains any combination of the following oxygenates in concentrations that exceed one-tenth of one percent, by weight: (A) Diisopropyl ether (DIPE). (B) Ethyl tert-butyl ether (ETBE). (C) Propanol, including all structural isomers. (D) Tert-amyl methyl ether (TAME). (E) Tert-amyl alcohol (TAA). (F) Any other additive that has not been approved by the California Air Resources Board or the United States Environmental Protection Agency. (2) This section does not prohibit transshipment through this state, or storage incident to the transshipment, of gasoline that does not meet the requirements for wholesale or retail sale set forth in this section if: (a) The gasoline is used or disposed of outside this state; and (b) The gasoline is segregated from gasoline intended for use within this state. 1985 c.468 §2(1); 2007 c.739 §20; 2017 c.141 §1

Or. Rev. Stat. § 646.911 Sale of gasoline with oxygenate other than ethanol

646.911. Sale of gasoline with oxygenate other than ethanol Notwithstanding ORS 646.910, a person may sell, supply or offer to sell or supply gasoline in this state that contains any oxygenate other than ethanol, if the California Air Resources Board, the California Environmental Policy Council or the United States Environmental Protection Agency allows the use of the oxygenate. 2007 c.739 §23

Or. Rev. Stat. § 646.913 Limitations on gasoline sales; requirements for ethanol content in gasoline; rules

646.913. Limitations on gasoline sales; requirements for ethanol content in gasoline; rules (1) Except as provided in subsection (4) of this section, a wholesale dealer, retail dealer or nonretail dealer may not sell gasoline or offer gasoline for sale unless the gasoline contains at least 10 percent denatured fuel ethanol by volume. Gasoline that contains anhydrous ethanol in concentrations of at least 9.2 percent by volume complies with the requirement set forth in this subsection. (2) The State Department of Agriculture shall adopt standards for gasoline blended with ethanol that is sold in this state. The standards that the department adopts shall require that the gasoline blended with ethanol: (a) Contains ethanol that is derived from agricultural or woody waste or residue; (b) Complies with the volatility requirements specified in 40 C.F.R. part 1090; (c) Complies with ASTM International specification D 4814, Standard Specification for Automotive Spark-Ignition Engine Fuel; (d) Is not blended with casinghead gasoline, absorption gasoline, drip gasoline or natural gasoline after the gasoline has been sold, transferred or otherwise removed from a refinery or terminal; and (e) Contains denatured fuel ethanol that complies with ASTM International specification D 4806, Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel. (3) The department may review specifications adopted by ASTM International, or equivalent organizations, and federal regulations and revise the standards adopted under this section as necessary. (4) A wholesale dealer, retail dealer or nonretail dealer may sell or offer for sale gasoline that is not blended with ethanol if the gasoline has an octane rating, as defined in ORS 646.945, of 91 or above or if the gasoline is for use in: (a) An aircraft: (A) With a supplemental type certificate approved by the Federal Aviation Administration that allows the aircraft to use gasoline that is intended for use in motor vehicles; or (B) Issued a type certificate by an aircraft engine manufacturer that allows the aircraft to use gasoline that is intended for use in motor vehicles; (b) An aircraft that has been issued an experimental certificate, as described in 14 C.F.R. 21.191, by the Federal Aviation Administration and for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles; (c) A light-sport aircraft, as defined in 14 C.F.R. 1.1, for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles; (d) A vintage aircraft, as defined by the Oregon Department of Aviation by rule, for which the manufacturer’s specifications require the use of gasoline that is intended for use in motor vehicles; (e) An antique vehicle, as defined in ORS 801.125; (f) A Class I all-terrain vehicle, as defined in ORS 801.190; (g) A Class III all-terrain vehicle, as defined in ORS 801.194; (h) A Class IV all-terrain vehicle, as defined in ORS 801.194 (2); (i) A racing activity vehicle, as defined in ORS 801.404; (j) A snowmobile, as defined in ORS 801.490; (k) Tools, including but not limited to lawn mowers, leaf blowers and chain saws; or (L) A watercraft. 2007 c.739 §18; 2008 c.44 §4; 2009 c.786 §1; 2011 c.360 §11; 2017 c.141 §2; 2021 c.368 §1; 2023 c.2 §1

Or. Rev. Stat. § 646.915 Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines; rules

646.915. Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines; rules The State Department of Agriculture may adopt rules that require a retail dealer or nonretail dealer to display on fuel dispensing devices through which the retail dealer or nonretail dealer sells gasoline the names of the oxygenates and the relative concentrations of the oxygenates present in the gasoline if the retail dealer or nonretail dealer knowingly sells or offers for sale gasoline that is blended with any combination of aliphatic ethers, aliphatic alcohols or other oxygenates that the United States Environmental Protection Agency permits under the agency’s interpretation of the term “substantially similar” in 42 U.S.C. 7545(f)(1)(A) (section 211(f)(1)(A) of the Clean Air Act), or any waivers that the federal agency grants under 42 U.S.C 7545(f)(4). 1985 c.468 §3(1),(2); 1993 c.566 §1; 1997 c.310 §11; 2017 c.141 §3

Or. Rev. Stat. § 646.920 Wholesale dealer; declaration of contents required

646.920. Wholesale dealer; declaration of contents required Before or at the time of delivery of gasoline from a wholesale dealer to a retail dealer or nonretail dealer, the wholesale dealer must give the retail dealer or nonretail dealer on an invoice, bill of lading, shipping notice or other documentation, a declaration of the predominant oxygenate or combination of oxygenates present in concentration sufficient to yield an oxygen content of at least 1.5 mass percent in the gasoline. When mixtures of only ethers are present, the wholesale dealer shall identify the predominant oxygenate in the gasoline followed by the phrase “or other ethers.” Any gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as “with” or “containing” methanol. 1985 c.468 §4(1); 1997 c.310 §12

Or. Rev. Stat. § 646.922 Limitations on sale of diesel fuel; requirements for biodiesel content; exception for certain additives and for certain sellers and users; certificate of analysis; rules

646.922. Limitations on sale of diesel fuel; requirements for biodiesel content; exception for certain additives and for certain sellers and users; certificate of analysis; rules (1) A retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale diesel fuel unless the diesel fuel contains at least five percent biodiesel by volume or other renewable diesel with at least five percent renewable component by volume. Diesel fuel that contains more than five percent biodiesel by volume or other renewable diesel with more than five percent renewable component by volume must be labeled as the State Department of Agriculture provides by rule. (2) A retail dealer, nonretail dealer or wholesale dealer may sell or offer for sale diesel fuel that otherwise meets the requirements of subsection (1) of this section and rules adopted pursuant to ORS 646.957 but to which there have been added substances to prevent congealing or gelling of diesel fuel containing biodiesel or other renewable diesel, without violating the requirements of subsection (1) of this section and rules adopted pursuant to ORS 646.957. This subsection applies only to diesel fuel sold or offered for sale during the period from October 1 of any year to February 28 of the following year. (3) The department shall adopt standards for biodiesel or other renewable diesel sold in this state. The department shall consult the specifications established for biodiesel or other renewable diesel by ASTM International in forming the department’s standards. The department may review specifications adopted by ASTM International, or equivalent organizations, and revise the standards adopted pursuant to this subsection as necessary. (4) The minimum biodiesel fuel content and renewable component in other renewable diesel requirements under subsection (1) of this section do not apply to diesel fuel sold or offered for sale for use by railroad locomotives, marine engines or home heating or to facilities that store more than 50 gallons of diesel fuel for use in emergency power generation. (5) All retail dealers, nonretail dealers and wholesale dealers in this state are required to provide, upon the request of the department, a certificate of analysis for biodiesel received. 2007 c.739 §14; 2009 c.752 §§2,3; 2010 c.55 §§2,3,5,6; 2011 c.243 §§2,3; 2013 c.89 §1; 2015 c.203 §26

Or. Rev. Stat. § 646.923 Retention of certificate of analysis; powers of Director of Agriculture; biodiesel testing; rules

646.923. Retention of certificate of analysis; powers of Director of Agriculture; biodiesel testing; rules (1) Each biodiesel or other renewable diesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel or other renewable diesel into this state for sale in this state shall keep for at least one year, at the person’s registered place of business, the certificate of analysis for each batch or production lot of B100 biodiesel sold or delivered in this state. (2) The Director of Agriculture, or the director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records and equipment the director requires to be kept by a biodiesel or other renewable diesel producer, facility operator or importer as may be necessary to carry out the duties of the director under ORS 646.910 to 646.923. (3) The director, or the director’s authorized agent, may test biodiesel or other renewable diesel for the purpose of inspecting the biodiesel or other renewable diesel of any producer, bulk facility, business or other establishment that sells, offers for sale, distributes, transports, hauls, delivers or stores biodiesel or other renewable diesel that is subsequently sold or offered for sale, for compliance with the motor fuel quality standards adopted pursuant to ORS 646.957. (4) For the purpose of ensuring the quality of B100 biodiesel, the director, or the director’s authorized agent, may obtain, at no cost to the department and as often as deemed necessary, a representative sample of B100 biodiesel from any producer, bulk facility, business or other establishment that sells, offers for sale, distributes, transports, hauls, delivers or stores biodiesel. The State Department of Agriculture shall adopt rules establishing the number of samples to be tested. The entire cost of transportation and testing of the samples shall be the responsibility of and invoiced directly to the business from which the sample was obtained. 2007 c.739 §15

Or. Rev. Stat. § 646.925 Enforcement; rules

646.925. Enforcement; rules The State Department of Agriculture shall enforce the provisions of ORS 646.910 to 646.923 and is authorized to make any rules necessary to carry out the provisions of ORS 646.910 to 646.923 in accordance with the applicable provisions of ORS chapter 183. 1985 c.468 §5

Or. Rev. Stat. § 646.930 Motor vehicle fuel prices; requirements for display

646.930. Motor vehicle fuel prices; requirements for display (1) A person who operates a service station, business or other place for the purpose of retailing and delivering gasoline, diesel or other fuel into the tanks of motor vehicles: (a) May display on a sign visible from the street the lowest cash prices charged for the sale of the lowest grades of gasoline, diesel or other fuel. (b) If a sign is displayed under paragraph (a) of this subsection, shall display on a sign visible at or near any dispensing device all prices charged for the sale of all grades of gasoline, diesel or other fuel offered for sale. (2) The following apply to a sign displaying prices under this section: (a) The price per unit of measurement and the unit of measurement for a particular kind of fuel must be the same on the sign as on any dispensing device used for delivering that kind of fuel into the tanks of motor vehicles. (b) If a cash price displayed on a sign is available only under some conditions, the sign and the dispensing device must clearly state the conditions. (c) If a price displayed on a sign is available only in a certain area of the service station or business, the area where the price displayed is available must be clearly identified. (3) A person who displays a cash price that is available only under some conditions may not require, as a condition of buying fuel at the displayed price, that the buyer fill the fuel tank of the buyer’s vehicle. Formerly 646.875; 2010 c.19 §1

Or. Rev. Stat. § 646.932 Requirement to post amount per gallon of gasoline that is federal, state and local tax; option to disclose cost per gallon of low carbon fuel standard; information from Department of Transportation and State Department of Agriculture; rules

646.932. Requirement to post amount per gallon of gasoline that is federal, state and local tax; option to disclose cost per gallon of low carbon fuel standard; information from Department of Transportation and State Department of Agriculture; rules (1) As used in this section, “gas station” includes a filling station, service station, garage or any other place where gasoline is sold for use in motor vehicles. (2) The owner or operator of a gas station shall post, in a manner visible to customers, the following information: (a) The amount of the price per gallon that is federal tax; (b) The amount of the price per gallon that is state tax; (c) The amount of the price per gallon that is local tax; and (d) The total amount of federal, state and local taxes per gallon. (3) The Department of Transportation shall furnish the information described in subsection (2) of this section to each gas station in this state. (4) The owner or operator of a gas station may disclose to customers the cost, per gallon of gasoline and diesel, of the low carbon fuel standards adopted by rule under ORS 468A.266 after viewing on the Department of Environmental Quality’s website or receiving from the State Department of Agriculture the annual calculations described in ORS 468A.271. An owner or operator that posts the cost per gallon of the low carbon fuel standard shall also post the calculation of the concurrent total greenhouse gas emissions reductions attributable to the low carbon fuel standard. The owner or operator may make the disclosures provided for in this subsection by: (a) Posting the disclosures on a gasoline pump in a manner that is visible to customers; (b) Printing the disclosures on a receipt that the owner or operator provides to a customer; or (c) Otherwise displaying the disclosures near the point of payment or another location that is visible to customers. (5) The State Department of Agriculture shall adopt rules governing the implementation and enforcement of this section consistent with ORS 183.745. 1999 c.957 §8; 2017 c.437 §1; 2017 c.750 §171

Or. Rev. Stat. § 646.935 Diesel fuel sales; price discrimination

646.935. Diesel fuel sales; price discrimination (1) No person operating a service station selling to the public at retail diesel fuel, where delivery is regularly made into a receptacle on a vehicle from which receptacle the fuel is supplied to propel the vehicle, shall refuse to sell and deliver any quantity of such fuel to any vehicle during regular business hours, upon demand and tender of the posted price plus any applicable tax for such fuel delivered, subject to a rationing policy established by state or federal statute or regulation. (2) A price differential or method of delivery designed to discriminate against or discourage purchases by vehicles of small fuel capacity is prohibited. However, a reasonable discount or differential based upon quantity of delivery shall not be considered discriminatory. Formerly 646.880

Or. Rev. Stat. § 646.945 Definitions for ORS 646.947 to 646.963

646.945. Definitions for ORS 646.947 to 646.963 As used in ORS 646.947 to 646.963: (1) “Bulk facility” means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which motor vehicle fuels are withdrawn from bulk and delivered to retail, wholesale or nonretail facilities or into a cargo tank or barge used to transport those products. (2) “Dealer” means any motor vehicle fuel retail dealer, nonretail dealer or wholesale dealer. (3) “Director” means the Director of Agriculture. (4) “Motor vehicle fuel” means gasoline, diesel or any other liquid product used for the generation of power in an internal combustion engine, except aviation jet fuels, liquefied petroleum or natural gases. (5) “Nonretail dealer” means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card- or key-activated fuel dispensing device to nonretail customers. (6) “Octane rating” means the rating of the anti-knock characteristics of a grade or type of gasoline determined by dividing by two the sum of the research octane number and the motor octane number. (7) “Octane rating certification documentation” means an invoice, bill of lading, delivery ticket, letter or other documentation that specifies the actual octane rating or a rounded rating that is the largest whole number or half of a number that is less than or equal to the number determined by or certified to the person transferring the gasoline. (8) “Retail dealer” means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is sold or offered for sale to the public. (9) “Wholesale dealer” means any person who sells motor vehicle fuel if the seller knows or has reasonable cause to believe that the buyer intends to resell the motor vehicle fuel in the same or an altered form to a retail dealer, a nonretail dealer or another wholesale dealer. (10) “Withdrawn from bulk” means removed from a bulk facility for delivery directly into a cargo tank or a barge to be transported to a location other than another bulk facility for use or sale in this state. 1997 c.310 §1

Or. Rev. Stat. § 646.947 Prohibited activities

646.947. Prohibited activities Notwithstanding any other provision of ORS 646.947 to 646.963, it is unlawful for: (1) A dealer to sell or offer for sale any motor vehicle fuel using procedures that violate any rule or standard adopted pursuant to ORS 646.957. (2) A dealer to sell or offer for sale any gasoline from a dispensing device that does not have a sign displayed, on both sides of the device, that accurately identifies the octane rating of the gasoline being dispensed from that device pursuant to ORS 646.949. (3) A wholesale dealer to deliver gasoline to a retail dealer or nonretail dealer without giving to the retail dealer or nonretail dealer octane rating certification documentation for the gasoline being delivered. 1997 c.310 §2

Or. Rev. Stat. § 646.949 Signs identifying octane rating

646.949. Signs identifying octane rating (1) A dealer who sells or offers for sale any gasoline shall conspicuously display a sign on each side of the dispensing device, using descriptive commercial terms that accurately identify the octane rating of the gasoline being dispensed from that device. The sign shall be of such size and design and shall be posted in such a manner as the Director of Agriculture determines will adequately inform the purchaser of the octane rating of the gasoline. (2) Rules adopted pursuant to this section shall conform, to the greatest extent practicable, to rules of the Federal Trade Commission regarding automotive fuel rating certification and posting. 1997 c.310 §3

Or. Rev. Stat. § 646.951 Testing of motor vehicle fuel

646.951. Testing of motor vehicle fuel (1) The Director of Agriculture may test motor vehicle fuel for the purpose of inspecting the motor vehicle fuel supply of any service station, business or other establishment that sells or offers for sale, or distributes, transports, hauls, delivers or stores motor vehicle fuel that is subsequently sold or offered for sale, for compliance with the motor vehicle fuel quality standards adopted pursuant to ORS 646.957. (2) The director or the director’s authorized agent shall have access during normal business hours to all places where motor vehicle fuel is sold to or by a retail dealer, nonretail dealer or wholesale dealer for the purpose of examination, inspection and investigation of the establishment’s motor vehicle fuel supply, shall collect or cause to be collected samples of the motor vehicle fuel and shall test or analyze the samples for compliance with motor vehicle fuel quality standards adopted pursuant to ORS 646.957. (3) Before taking any enforcement action under ORS 646.953 or 646.963, the director shall cause motor vehicle fuel samples to be tested in accordance with standards, reproducibility limits and procedures that are, in the director’s judgment, consistent with ASTM International standards and procedures. (4) The director or the director’s authorized agent shall notify the owner or person in charge of the facility of the sample collection as soon as is practicable after a sample is taken. The volume of the sample taken for testing must be adequate for the tests to be performed and to allow for a portion of the sample to be retained for subsequent testing, if the need arises. A sample with a test result that is outside the test reproducibility limits, when compared to the applicable limits, shall be properly stored to preserve the sample for at least 90 days. 1997 c.310 §4; 2013 c.1 §83

Or. Rev. Stat. § 646.953 Orders of Director of Agriculture

646.953. Orders of Director of Agriculture (1) The Director of Agriculture may issue a stop-use order, hold order or removal order for any motor vehicle fuel offered or exposed for sale, or in the process of delivery or susceptible to commercial use, that is found to be not in compliance with the motor vehicle fuel quality standards adopted pursuant to ORS 646.957. The director may rescind the stop-use order, hold order or removal order if the fuel is brought into full compliance with motor vehicle fuel quality standards. (2) No person shall use, remove from the premises specified or fail to remove from the premises specified any motor vehicle fuel in a manner contrary to the terms of a stop-use order, hold order or removal order issued under authority of this section. 1997 c.310 §5

Or. Rev. Stat. § 646.955 Records required

646.955. Records required (1) Each operator of a bulk facility and each person who imports motor vehicle fuels into this state for sale in this state shall keep, for at least one year, at the person’s registered place of business complete and accurate records of any motor vehicle fuels sold if sold or delivered in this state, for purposes of showing compliance with ORS 646.947 to 646.963. (2) The Director of Agriculture, upon reasonable oral or written notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as may be necessary to carry out the provisions of ORS 646.947 to 646.963. (3) Retail dealers and nonretail dealers shall maintain at their facilities the octane rating certification documentation for the three most recent deliveries to the facility for each grade of gasoline sold or offered for sale. 1997 c.310 §6

Or. Rev. Stat. § 646.957 Rules

646.957. Rules (1) In accordance with any applicable provision of ORS chapter 183, the Director of Agriculture, not later than December 1, 1997, shall adopt rules to carry out the provisions of ORS 646.947 to 646.963. Such rules may include, but are not limited to, motor vehicle fuel grade advertising, pump grade labeling, testing procedures, quality standards and identification requirements for motor vehicle fuels and ethanol, biodiesel and other renewable diesel, as those terms are defined in ORS 646.905. Rules adopted by the director under this section shall be consistent, to the extent the director considers appropriate, with the most recent standards adopted by ASTM International. As standards of ASTM International are revised, the director shall revise the rules in a manner consistent with the revisions unless the director determines that those revised rules will significantly interfere with the director’s ability to carry out the provisions of ORS 646.947 to 646.963. Rules adopted pursuant to this section must adequately protect confidential business information and trade secrets that the director or the director’s authorized agent may discover when inspecting books, papers and records pursuant to ORS 646.955. (2) Testing requirements, specifications and frequency of testing for each production lot of biodiesel, biodiesel blend or other renewable diesel produced in or brought into this state shall be defined by the director by rule. 1997 c.310 §8; 2007 c.739 §11; 2013 c.1 §84

Or. Rev. Stat. § 646.959 Annual fee for metering instrument or device

646.959. Annual fee for metering instrument or device (1)(a) In addition to and not in lieu of the license fee required by ORS 618.141, each dealer that operates a metering instrument or device, other than a remote readout device, that is required to be licensed by ORS 618.121 and that is operated for measuring motor vehicle fuel shall pay to the State Department of Agriculture an annual fee for each instrument or device in accordance with the schedule set forth in paragraph (b) of this subsection. The dealer shall pay the fee required by this section at the same time that the dealer pays the licensing fee for the instrument or measuring device. (b) A dealer shall pay the fee described in paragraph (a) of this subsection according to the following schedule: (A) For each annual license period before July 1, 2016, $5. (B) For the annual license period that begins on July 1, 2016, and ends on June 30, 2017, $6. (C) For the annual license period that begins on July 1, 2017, and ends on June 30, 2018, $7. (D) For the annual license period that begins on July 1, 2018, and ends on June 30, 2019, $9. (E) For each annual license period that begins on and after July 1, 2019, $10. (2) The department shall pay all moneys the department receives under this section into the Motor Vehicle Fuel Inspection Program Account. (3) As used in this section, “remote readout device” means a console, cabinet, panel or instrument connected to or associated with a weighing or measuring device that indicates, displays or prints values of weight or measure at a location physically separate from the weighing or measuring device. 1997 c.310 §10; 1999 c.237 §3; 2015 c.448 §1

Or. Rev. Stat. § 646.961 Motor Vehicle Fuel Inspection Program Account

646.961. Motor Vehicle Fuel Inspection Program Account The Motor Vehicle Fuel Inspection Program Account is created in the Department of Agriculture Service Fund. Notwithstanding any other provision of law, all moneys in the account are appropriated continuously to the State Department of Agriculture for the administration of ORS 646.947 to 646.963. 1997 c.310 §9

Or. Rev. Stat. § 646.963 Civil penalties

646.963. Civil penalties (1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty as provided in subsection (2) of this section on any person who violates any provision of ORS 646.947, 646.949 or 646.953, rules adopted under ORS 646.957 or orders issued under ORS 646.953. (2) The director may impose civil penalties for violations described in subsection (1) of this section that are: (a) Not more than $500 for a first violation. (b) Not more than $2,500 for a second violation within two years from the date of the first violation. (c) Not more than $10,000 for a third violation within two years from the date of the first violation. (3) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on any person who violates any provision of ORS 646.932 as follows: (a) A notice of noncompliance for a first violation. (b) A notice of violation for a second violation. (c) Not more than $50 for a third violation. (d) Not more than $100 for any violation after a third violation. (4) In imposing a penalty under subsection (2) or (3) of this section, the director shall consider the following factors: (a) The gravity of the violation. (b) The scope of the violation. (c) The past history of the person incurring the penalty. (d) In the case of a penalty to be imposed on a retail dealer or nonretail dealer, the degree of knowledge by the dealer of the violation. (5) Any monetary civil penalty under this section shall be imposed in the manner provided by ORS 183.745. (6) Monetary civil penalties collected under this section shall be deposited into the Motor Vehicle Fuel Inspection Program Account. 1997 c.310 §7; 2017 c.437 §2

Or. Rev. Stat. § 646.990 Penalties

646.990. Penalties (1) A person, firm or corporation, whether acting as principal, agent, officer or director, commits a Class B misdemeanor for each violation of a provision of ORS 646.010 to 646.180. (2) Violation of ORS 646.725 or 646.730 is a Class B felony. (3) Violation of ORS 646.910 is a Class D violation. (4) Violation of a rule that the State Department of Agriculture adopts under ORS 646.915 is a Class D violation. (5) Violation of ORS 646.920 is a Class D violation. (6) A person that violates ORS 646.930 commits a Class C misdemeanor. [Amended by 1953 c.391 §2; 1967 c.144 §2; 1967 c.599 §4; subsection (8) enacted as 1969 c.395 §2; 1971 c.744 §24; 1975 c.255 §15; subsection (4) enacted as 1975 c.255 §16 (1); 1985 c.251 §28; subsection (4) enacted as 1985 c.468 §2 (2); subsection (5) enacted as 1985 c.468 §3 (3); subsection (6) enacted as 1985 c.468 §4 (2); subsection (7) enacted as 1985 c.751 §1 (4); subsection (3) enacted as 1987 c.888 §5; 1999 c.1051 §213; 2011 c.597 §258; 2017 c.141 §4; 2023 c.103 §7]

Source: Oregon Legislature (oregonlegislature.gov)URL: https://www.oregonlegislature.gov/bills_laws/ors/ors646.htmlFetched: 10/20/2026