Chapter 646A Trade Regulation

Sections

646A.030
Definitions for ORS 646A.030 to 646A.042
646A.032
Price list for health spa services
646A.034
Contracts; contents
646A.036
Contracts and rules; delivery to buyer
646A.038
Moneys paid prior to facility opening; disposition; priority of claim; refund
646A.040
Waiver of provisions of ORS 646A.030 to 646A.042
646A.042
Remedies and obligations supplementary to existing remedies
646A.050
Definitions
646A.052
Form of purchase agreement
646A.054
Rules
646A.060
Purchase of used goods; records; application to pawnbrokers
646A.062
Penalty for violation of ORS 646A.060
646A.064
Definitions for ORS 646A.064 to 646A.067
646A.065
Records required for transactions involving items of precious metal; maintenance required of precious metal secondhand dealer; retention of items of precious metal
646A.066
Applicability to local ordinances
646A.067
Preemption of local requirements applicable to pawnbrokers
646A.068
Penalty for violating ORS 646A.065
646A.070
Sale of telephonic equipment; disclosure requirements; enforcement; penalty
646A.072
Exceptions to disclosure requirements
646A.075
Required information prior to purchase of dog
646A.077
Qualification for full refund; replacement dog; reimbursement for cost of veterinary care; exceptions
646A.080
Sale of novelty item containing mercury; penalty
646A.081
Prohibition on sale or installation of mercury vapor outdoor lighting fixtures
646A.082
Floral retail sales; disclosure of principal place of business; enforcement; penalty
646A.085
Sale of rights by distributor to exhibit motion picture without first giving exhibitor opportunity to view motion picture prohibited; attorney fees
646A.090
Offer to sell or lease motor vehicle under retail installment contract or lease agreement; return of items if lender does not approve loan; charges for use of vehicle; exceptions
646A.092
Advertisements for sale or lease of motor vehicle; exceptions
646A.093
Disclosures for handling and shipping consumer goods required in advertisements, offers and sales; penalty
646A.095
Disclosure required when purchaser of product offered technical support through information delivery system
646A.097
Payment of sales commissions following termination of contract between sales representative and principal; definitions; civil action
646A.100
Definitions for ORS 646A.100 to 646A.110
646A.102
Notice of intent to conduct going out of business sale; display and filing; exceptions; prohibited activities
646A.104
Information required in notice of intent
646A.106
Circumstances in which going out of business sale prohibited
646A.108
Prohibited conduct
646A.110
Applicability of ORS 646A.100 to 646A.110 and 646A.112
646A.112
Injunction of sham sale; evidence; attorney fees; defense; definitions
646A.115
Software prohibited that interferes with sale of admission tickets to entertainment events; unlawful practice
646A.120
Definitions for ORS 646A.120 to 646A.134
646A.122
Applicability of ORS 646A.120 to 646A.134
646A.124
General disclosure requirements
646A.126
Specific disclosure requirements
646A.128
Provisions prohibited in lease-purchase agreements
646A.130
Reinstatement of lease-purchase agreement by consumer; receipt for each payment
646A.132
Renegotiation or extension of lease-purchase agreement
646A.134
Disclosures required in advertisement for lease-purchase agreements
646A.140
Definitions for ORS 646A.140 and 646A.142
646A.142
Rental vehicle collision damage waiver notice
646A.150
Applicability of ORS 646A.150 to 646A.172
646A.152
Definitions for ORS 646A.150 to 646A.172
646A.154
Service contract defined; registration; proof of financial stability; bond; action; rules; applicability of Insurance Code
646A.156
Required contents of service contracts
646A.158
Prohibited conduct
646A.160
Service contract obligor as agent of insurer; indemnification or subrogation rights of insurer
646A.162
Investigation of violations; inspection of records; subpoenas; discontinue or desist order; civil penalties
646A.164
Complaints and investigations confidential; exceptions
646A.166
Refusal to continue or suspension or revocation of registration
646A.168
Assessment fee; rules; purpose; registration fee
646A.170
Remedies not exclusive
646A.172
Rules; exemption of certain obligors
646A.200
Definitions for ORS 646A.202 and 646A.204
646A.202
Payment processing systems
646A.204
Customer information
646A.206
Rules
646A.210
Requiring credit card number as condition for accepting check or share draft prohibited; exceptions
646A.212
“Credit card” defined
646A.214
Verification of identity in credit or debit card transactions
646A.220
Credit card solicitation; required disclosure; definitions
646A.222
Charge card solicitation; required disclosure; definitions
646A.230
Action by Attorney General or district attorney; civil and criminal penalties
646A.232
Effect of compliance with federal law
646A.240
Treatment of child support obligations by creditor in applications for extensions of credit
646A.242
“Creditor” defined
646A.244
Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses
646A.274
Definitions for ORS 646A.276 and 646A.278
646A.276
Sale of gift card that expires, declines in value, includes fee or does not give option to redeem
646A.278
Requirements for sale of gift card that expires
646A.280
Definitions for ORS 646A.280 to 646A.290
646A.282
Simulated invoices prohibited
646A.284
Cause of action by Attorney General; judgment; attorney fees
646A.286
Cause of action by private party; judgment; attorney fees
646A.288
Presumptions in cause of action brought under ORS 646A.284 or 646A.286
646A.290
Construction; other remedies
646A.292
Legislative intent
646A.293
Definitions for ORS 646A.293 and 646A.295
646A.295
Prohibited actions; requirements; timing; failure to obtain consent; exceptions
646A.300
Definitions for ORS 646A.300 to 646A.322
646A.302
Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier
646A.304
Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement
646A.306
Repurchase of inventory by supplier; effect of new retailer agreement
646A.308
Civil action for supplier’s failure to pay; venue
646A.310
Prohibited conduct by supplier
646A.312
Termination, cancellation or nonrenewal of retailer agreement; notice; good cause
646A.314
New or relocated dealership; notice; area of responsibility
646A.316
Warranty claims; payment; time for completion
646A.318
Warranty claims; processing
646A.320
Retailer’s improvements to products
646A.322
Remedies; arbitration; cause of action; attorney fees; injunctive relief
646A.325
Repurchase of motor vehicle by manufacturer; notice to dealer; contents of notice; notice to prospective buyer
646A.327
Attorney fees for action under ORS 646A.325
646A.340
Definitions for ORS 646A.340 to 646A.348
646A.342
Prohibited conduct; required verifications and notice
646A.344
Bond or letter of credit; action; exceptions
646A.346
Damages
646A.348
Action by Attorney General; civil penalty; injunction; damages; attorney fees and costs
646A.350
Delivery of unrequested hazardous substances prohibited
646A.352
Penalty
646A.360
Unsolicited facsimile machine transmissions
646A.362
Exclusion of name from sweepstakes promotion mailing list; written request; rules
646A.365
Check, draft or payment instrument creating obligation for payment
646A.370
Definitions for ORS 646A.370 to 646A.374
646A.372
Limits on usage of automatic dialing and announcing device
646A.374
Prohibited actions
646A.376
Enforcement; civil penalty
646A.400
Definitions for ORS 646A.400 to 646A.418
646A.402
Availability of remedy
646A.404
Consumer’s remedies; manufacturer’s affirmative defenses
646A.405
Manufacturer action under ORS 646A.404; request to Department of Transportation; notice to buyer; unlawful practice; rules
646A.406
Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer
646A.408
Use of informal dispute settlement procedure as condition for remedy; binding effect on manufacturer
646A.410
Informal dispute settlement procedure; recordkeeping; review by Department of Justice
646A.412
Action in court; damages if manufacturer does not act in good faith; attorney fees; expert witness fees; costs
646A.414
Limitations on actions against dealers
646A.416
Limitation on commencement of action
646A.418
Remedies supplementary to existing statutory or common law remedies; election of remedies
646A.430
Definitions for ORS 646A.430 to 646A.450
646A.432
Applicability of ORS 646A.430 to 646A.450; applicability of other law
646A.434
Sale of vehicle protection product; conditions and requirements
646A.436
Warrantor registration; requirements; expiration; fees; rules
646A.438
Reimbursement insurance; requirements; insurer qualifications
646A.440
Required provisions of reimbursement insurance policy; cancellation; notice
646A.442
Vehicle protection product warranty administrator
646A.444
Recordkeeping requirements for warrantor; record retention
646A.446
Prohibited conduct for warrantor
646A.448
Prohibited activities
646A.450
Rules; investigative powers of department
646A.452
Enforcement by Attorney General
646A.460
Definitions for ORS 646A.460 to 646A.476
646A.462
Express warranty; duration
646A.464
Repair of assistive device
646A.466
Replacement or refund after attempt to repair
646A.468
Procedures for replacement or refund
646A.470
Sale or lease of returned assistive device
646A.472
Dispute resolution
646A.474
Applicability of other laws; waiver
646A.476
Civil action for damages; attorney fees; limitation on actions
646A.480
Definitions for ORS 646A.480 to 646A.495
646A.482
Estimate required before beginning work; contents; evaluation
646A.486
Prohibited actions if estimate exceeds $200; revision of estimate; methods to obtain owner authorization
646A.490
Additional prohibited actions; reassembly required; copies
646A.495
Owner designee; waiver of authorization requirement
646A.500
Legislative findings; declaration of purpose
646A.502
Short title
646A.504
Definitions for ORS 646A.500 to 646A.514
646A.506
Prohibited conduct
646A.508
Penalties
646A.510
Exemptions
646A.512
Private right of action; attorney fees
646A.514
Scope of remedies
646A.525
Definitions for ORS 646A.525 to 646A.535
646A.530
Prohibited sales of certain children’s products; recall notices and warnings; disposal of recalled children’s products; compliance with warning instructions
646A.535
Assistance of Attorney General in obtaining recall notices
646A.550
Short title
646A.555
License to engage in business activity not required for individual under 17 years of age
646A.560
Legislative findings
646A.562
Definitions for ORS 646A.560 to 646A.566
646A.564
Standards for mercury content in electric lamps; exceptions
646A.566
Considerations for state agency procurement of lighting devices that contain mercury
646A.575
Definitions for ORS 646A.575 to 646A.590
646A.577
Limited license required; application; fee; renewal; prohibited representations
646A.580
Cost of coverage; billing requirements; remission to insurer or supervising entity; funds held in trust; compensation
646A.582
Written disclosure requirements
646A.585
Exceptions to license requirement; prohibited representations; acts of employees
646A.588
Restrictions on modification or termination of coverage; notice; consent to notice
646A.590
Rules
646A.592
Enforcement
646A.600
Short title
646A.602
Definitions for ORS 646A.600 to 646A.628
646A.604
Notice of breach of security; delay; methods of notification; contents of notice; application of notice requirement
646A.606
Security freeze; requirements; proof of authority; effect
646A.608
Deadline for placing security freeze; protective record creation; use and release of information; confirmation; personal identification number; exception; lifting and removal
646A.610
Fees not permitted
646A.612
Conditions for lifting or removing security freeze
646A.614
Effect of security freeze on use of consumer reports or protective records
646A.616
Effect of request for consumer report subject to security freeze
646A.618
Prohibition on changes to consumer report subject to security freeze; entities subject to requirement to place security freeze
646A.620
Prohibition on printing, displaying or posting Social Security numbers; exemptions
646A.622
Requirement to develop safeguards for personal information; conduct deemed to comply with requirement; defenses
646A.624
Powers of director; penalties
646A.626
Rules
646A.628
Allocation of moneys
646A.640
Definitions
646A.643
License requirement to engage in debt buying; exemptions
646A.646
License application; requirements; application through Nationwide Multistate Licensing System; fee; insurance; license renewal; director’s investigation; license term; suspension or revocation; rules
646A.649
Licensee’s principal place of business and registered agent; assumed business name; display of license; rules
646A.652
Required notices
646A.655
Compliance with director’s standards; rules
646A.658
Prohibited practices
646A.661
Director’s supervisory authority; examinations and investigations; referral to Attorney General; costs of examination or investigation; consultation and cooperation with trade association and members of public
646A.664
Enforcement actions; penalties
646A.667
Preemption
646A.670
Legal action to collect debt; requirements for pleadings; judgments; attorney fees
646A.673
Rules
646A.677
Requirement to screen for financial assistance before transferring medical debt for collection; permitted interest rate; unlawful collection practices
646A.680
Legislative intent
646A.683
Requirement to report increase in drug price; exemptions
646A.686
Short title
646A.689
Requirement to report certain information concerning drug manufacturing and pricing; contents of report; penalty; rules
646A.692
Civil penalty
646A.700
Short title
646A.702
Definitions for ORS 646A.702 to 646A.720
646A.705
Persons that are not foreclosure consultants
646A.710
Foreclosure consulting contract; requirements; void provisions
646A.715
Cancellation; effective date; payment for services provided before cancellation or breach; form; sufficiency of notice
646A.720
Prohibited acts of foreclosure consultant
646A.725
Definitions for ORS 646A.725 to 646A.750
646A.730
Persons that are not equity purchasers
646A.735
Written contract; requirements; void provisions; power of attorney prohibited
646A.740
Cancellation; effective date; rebuttable presumption of delivery; payment for services; form; sufficiency of notice; return of documents
646A.745
Required and prohibited acts
646A.750
Rebuttable presumptions; accounting; bona fide purchaser; memorandum of agreement; form
646A.755
Acts not precluded
646A.760
Civil action for damages; attorney fees and costs; limitation on commencement of action
646A.765
Penalties
646A.770
Definitions
646A.773
Applicability of Insurance Code; statement of costs; exemptions
646A.776
Required diclosures; cancellation provisions; effect on motor vehicle purchaser’s credit
646A.779
Determination of amount of waiver; waivers that are required and waivers that are not required
646A.781
Cancellation and expiration; refunds; effect of sale, assignment or transfer
646A.784
Reimbursement insurance policies for guaranteed asset protection waivers
646A.787
Fiduciary responsibilities
646A.790
Unlawful practices
646A.800
Late fees on delinquent cable service accounts; amount; disclosure; notice
646A.801
Termination of residential cable service or residential telecommunications service for certain persons
646A.803
Contest and sweepstakes solicitations; required disclosures; prohibited representations
646A.806
Website with photographs and information about arrested persons; requirement to remove photographs and information upon request; penalty
646A.808
Obtaining personal information by false representation via electronic media
646A.810
Patent infringement claim made in bad faith; enforcement as unlawful practice; limitations; rules
646A.813
Security requirements for Internet-connected devices; exemptions; penalty