A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person:
Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obligation.
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.
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.
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.