Trade Practices and Antitrust Regulation

ORS 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 (Abnormal disruption of market) (2).

(4)

Violates a provision of ORS 646A.725 (Definitions for ORS 646A) to 646A.750 (Rebuttable presumptions).

(5)

Violates ORS 646A.530 (Prohibited sales of certain children’s products).

(6)

Employs a collection practice that is unlawful under ORS 646.639 (Unlawful collection practices).

(7)

Is a beneficiary that violates ORS 86.726 (Resolution conference for foreclosure) (1)(a) or (2), 86.729 (Scheduling and notice for resolution conference) (4) or 86.732 (Attendance at resolution conference) (1) or (2).

(8)

Violates ORS 646A.093 (Disclosures for handling and shipping consumer goods required in advertisements, offers and sales).

(9)

Violates a provision of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys).

(10)

Violates ORS 646A.808 (Obtaining personal information by false representation via electronic media) (2).

(11)

Violates ORS 336.184 (Oregon Student Information Protection Act).

(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 (Security requirements for Internet-connected devices) (2).

(14)

Violates ORS 137.930 (Criminal history data provider requirements) (1).

(15)

Violates section 1, chapter 305, Oregon Laws 2021. [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]
Note: The amendments to 646.607 (Unlawful business, trade practices) by section 3, chapter 305, Oregon Laws 2021, become operative on the date that is 450 days after the date of the termination or expiration of the emergency declared by the Governor related to the COVID-19 pandemic. See section 6, chapter 305, Oregon Laws 2021. The text that is operative on and after the date that is 450 days after the date of the termination or expiration of the emergency declared by the Governor related to the COVID-19 pandemic is set forth for the user’s convenience.
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 (Abnormal disruption of market) (2).

(4)

Violates a provision of ORS 646A.725 (Definitions for ORS 646A) to 646A.750 (Rebuttable presumptions).

(5)

Violates ORS 646A.530 (Prohibited sales of certain children’s products).

(6)

Employs a collection practice that is unlawful under ORS 646.639 (Unlawful collection practices).

(7)

Is a beneficiary that violates ORS 86.726 (Resolution conference for foreclosure) (1)(a) or (2), 86.729 (Scheduling and notice for resolution conference) (4) or 86.732 (Attendance at resolution conference) (1) or (2).

(8)

Violates ORS 646A.093 (Disclosures for handling and shipping consumer goods required in advertisements, offers and sales).

(9)

Violates a provision of ORS 646A.600 (Short title) to 646A.628 (Allocation of moneys).

(10)

Violates ORS 646A.808 (Obtaining personal information by false representation via electronic media) (2).

(11)

Violates ORS 336.184 (Oregon Student Information Protection Act).

(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 (Security requirements for Internet-connected devices) (2).

(14)

Violates ORS 137.930 (Criminal history data provider requirements) (1).
Source

Last accessed
May 26, 2023

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