Trade Practices and Antitrust Regulation

ORS 646.569
Prohibition on telephone solicitation of party whose name is included on list described in ORS 646.574 or on federal registry designated under ORS 646.572


(1)

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 (Administration of telephone solicitation program through contract or by designation of federal registry) and 646.574 (List of persons who do not wish to receive telephone solicitations); or

(b)

Maintained as part of the federal registry designated under ORS 646.572 (Administration of telephone solicitation program through contract or by designation of federal registry).

(2)

For purposes of this section:

(a)

“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.

(b)

“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]
Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunction should issue when a court finds a violation of the Act is a matter of discretion. State ex rel Johnson v. International Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no affirmative duty to inform customers of rates in absence of request, but prohibits making information about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021