ORS 646.605
Definitions for ORS 336.184 and 646.605 to 646.652


As used in ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General):

(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 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General); 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 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) is alleged to have occurred.

(6)

Intentionally left blank —Ed.

(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 (Definitions), 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 (Procedures for notice filing and licensing), or a mortgage banker or mortgage broker licensed under ORS 86A.106 (Procedures for licensing), when the solicitation is for a security qualified for sale pursuant to ORS 59.055 (Conditions of offer and sale of securities).

(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 (Information required to be given by telephone or door to door seller to potential customer), 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 (Additional definitions for Bank Act), 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 (Definitions for ORS 576.006 to 576.022) 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 (Definitions for ORS 408.225 to 408.237).

(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]

Source: Section 646.605 — Definitions for ORS 336.184 and 646.605 to 646.652, https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html.

646.010
Designation and scope of ORS 646.010 to 646.180
646.020
Definitions and explanations
646.030
Application to cooperative associations
646.040
Price discrimination prohibited
646.050
Establishing prima facie case of discrimination
646.060
Commissions and allowances
646.070
Special payments to customers
646.080
Special services to customers
646.090
Inducing or receiving price discrimination prohibited
646.130
Cost surveys as evidence
646.140
Enjoining violations
646.150
Action for damages
646.160
Presumption of damages
646.170
Requiring defendant to testify
646.180
Illegal contracts
646.461
Definitions for ORS 646.461 to 646.475
646.463
Enjoining misappropriation
646.465
Damages for misappropriation
646.467
Attorney fees
646.469
Preservation of trade secret by court
646.471
Limitation on commencement of action
646.473
Conflicting tort, restitution or other law providing civil remedies
646.475
Application and construction of ORS 646.461 to 646.475
646.515
Definitions for ORS 646.515 to 646.545
646.525
Cooperative bargaining associations authorized
646.535
Unfair trade practices prohibited
646.545
Remedy for unfair trade practices
646.551
Definitions for ORS 646.551 to 646.557
646.553
Registration of telephonic sellers
646.555
Burden of proof for person claiming exemption
646.557
Required disclosures by telephonic seller
646.559
Rules
646.561
Definitions for ORS 646.561 to 646.565
646.563
Telephone solicitation of party who states desire not to be called
646.565
Notice of provisions of ORS 646.561 and 646.563
646.567
Definitions for ORS 646.567 to 646.578
646.568
Findings and purpose
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
646.572
Administration of telephone solicitation program through contract or by designation of federal registry
646.574
List of persons who do not wish to receive telephone solicitations
646.576
Rules
646.578
Notice of provisions of ORS 646.567 to 646.578
646.605
Definitions for ORS 336.184 and 646.605 to 646.652
646.607
Unlawful business, trade practices
646.608
Additional unlawful business, trade practices
646.609
“Pyramid club” and “investment” defined
646.611
Information required to be given by telephone or door to door seller to potential customer
646.612
Application of ORS 646.607 and 646.608
646.618
Investigative demand
646.622
Method of serving investigative demand
646.626
Effect of failure to obey investigative demand
646.632
Enjoining unlawful trade practices
646.633
Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services
646.636
Remedial power of court
646.638
Civil action by private party
646.639
Unlawful collection practices
646.641
Civil action for unlawful collection practice
646.642
Civil penalties
646.643
Applicability of ORS 646.639
646.644
Free offer
646.646
Loss of license or franchise by person violating injunction
646.647
Unlawful use of recording group name
646.648
Unlawful practice by manufactured dwelling dealer
646.652
District attorney’s reports to Attorney General
646.656
Remedies supplementary to existing statutory or common law remedies
646.705
Definitions for ORS 136.617 and 646.705 to 646.805
646.715
Declaration of purpose
646.725
Prohibited acts
646.730
Monopolies prohibited
646.735
Exemption for coordinated care organizations
646.736
Public policy
646.737
Exemption for negotiations governing sale price of Oregon blackberries
646.738
Exemption for negotiations governing price for sale of grass seed
646.739
Exemption for negotiations governing season starting price for sale of Oregon seafood
646.740
Permitted activities
646.745
Joint operation of Memorial Coliseum and Arena in Portland
646.750
Investigative demand by Attorney General
646.760
Civil penalties
646.770
Equitable remedies
646.775
Actions by Attorney General
646.780
Recovery of treble damages
646.790
Venue
646.800
Time of commencing action
646.805
Effect of prior final judgment or decree
646.815
Criminal prosecutions
646.821
Taking testimony for investigative demand
646.823
Attendance of Attorney General at grand jury proceedings
646.826
Counsel for persons testifying
646.831
Fees and mileage for persons testifying
646.836
Confidential status of investigative material
646.881
Definitions for ORS 646.881 to 646.885
646.883
Price comparison in advertisement prohibited
646.885
Use of terms in advertisement containing price comparison
646.905
Definitions for ORS 646.910 to 646.923
646.910
Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements
646.911
Sale of gasoline with oxygenate other than ethanol
646.913
Limitations on gasoline sales
646.915
Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines
646.920
Wholesale dealer
646.922
Limitations on sale of diesel fuel
646.923
Retention of certificate of analysis
646.925
Enforcement
646.930
Motor vehicle fuel prices
646.932
Requirement to post amount per gallon of gasoline that is federal, state and local tax
646.935
Diesel fuel sales
646.945
Definitions for ORS 646.947 to 646.963
646.947
Prohibited activities
646.949
Signs identifying octane rating
646.951
Testing of motor vehicle fuel
646.953
Orders of Director of Agriculture
646.955
Records required
646.957
Rules
646.959
Annual fee for metering instrument or device
646.961
Motor Vehicle Fuel Inspection Program Account
646.963
Civil penalties
646.990
Penalties
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