As used in ORS 646.551 to 646.557: (1)(a) “Business opportunity” means a commercial arrangement in which: (A) A seller solicits a prospective purchaser to enter into a new business or to buy ancillary services within 60 days after entering into a new business; (B) The prospective purchaser makes a payment or agrees to be obligated […]
(1) A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to the conduct of such business. A telephonic seller is required to register in the name under which the telephonic seller conducts business. Individual employees of the telephonic seller are not […]
In any proceeding to enforce the provisions of ORS 646.551 to 646.565 and 646.608, the burden of proving an exemption or exception is upon the person claiming it. [1989 c.622 §4]
In addition to complying with the requirements of ORS 646.553, each telephonic seller, at the time the solicitation is made and prior to consummation of any sales transaction, shall provide all of the following information to each prospective purchaser: (1) If the telephonic seller represents or implies that a prospective purchaser will receive, without charge […]
In accordance with any applicable provision of ORS chapter 183, the Attorney General may adopt rules to carry out the provisions of ORS 646.551 to 646.557. [1989 c.622 §6]
As used in ORS 646.561 to 646.565, unless the context otherwise requires: (1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. (2) “Party” means a telephone customer of a telecommunications company. (3) “Telephone solicitation” means the solicitation by telephone by any person of a party for the purpose of […]
A person engages in an unlawful practice if, during a telephone solicitation, the called party states a desire not to be called again and the person making the telephone solicitation makes a subsequent telephone solicitation of the called party at that number. [1989 c.622 §9; 2001 c.924 §15]
The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 and 646.563. Notification may be by: (1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [1989 c.622 §10]
As used in ORS 646.567 to 646.578, unless the context otherwise requires: (1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. (2) “Information about a party” means information specific to a party, including but not limited to the name and address of the party and the method by which […]
(1) The Legislative Assembly finds that: (a) Fraud committed by means of unwanted telephone solicitations causes economic harm to Oregonians and constitutes an invasion of privacy and a threat to the welfare of the people of this state. (b) Unwanted telephone solicitations cause Oregonians harm because: (A) Telephone solicitations have become a primary tool for […]
(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 and 646.574; or (b) Maintained as part of the federal registry designated under ORS 646.572. (2) For purposes […]
[1989 c.451 §3; 1999 c.564 §7; renumbered 646.578 in 1999]
(1) The Attorney General shall either: (a) Advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in ORS 646.574; or (b) Designate a federal “do not call” registry, including but not limited to the registry maintained by the Federal Trade Commission under […]
(1) If the Attorney General enters into a contract pursuant to ORS 646.572 (1)(a), the administrator of the telephone solicitation program shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in […]
In the manner provided by ORS chapter 183, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under ORS 646.572 and 646.574. [1999 c.564 §5]
The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.578 and 646.608. Notification may be by: (1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [Formerly 646.571]
