As used in ORS 336.184 and 646.605 to 646.652: (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 […]
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 […]
(1) A person engages in an unlawful practice if in the course of the person’s business, vocation or occupation the person does any of the following: (a) Passes off real estate, goods or services as the real estate, goods or services of another. (b) Causes likelihood of confusion or of misunderstanding as to the source, […]
As used in ORS 646.608 (1)(r), “pyramid club” means a sales device whereby a person, upon condition that the person make an investment, is granted a license or right to solicit or recruit for economic gain one or more additional persons who are also granted such license or right upon condition of making an investment […]
A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (1)(n) unless the person: (1) Within 30 seconds after beginning the conversation: (a) Provides identification of both the person and whom the person represents; (b) Explains the purpose of the person’s call; (c) Provides […]
ORS 646.607 and 646.608 do not apply to: (1) Conduct in compliance with the orders or rules of, or a statute administered by a federal, state or local governmental agency. (2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, telephone directory or radio or television station in the publication or […]
(1) Except as provided in ORS 646.633, when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 or 646.608, the prosecuting attorney may execute in writing and cause to be served an […]
Service of an investigative demand under ORS 646.618 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made by any of the following methods: (1) By personal service outside this state; (2) By registered or certified mail to the last-known […]
(1) If any person, after being served with an investigative demand under ORS 646.622, fails or refuses to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order: (a) Granting injunctive relief to restrain the person from engaging […]
(1) Except as provided in ORS 646.633, a prosecuting attorney who has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in an unlawful trade practice may bring suit in the name of the State of Oregon in the appropriate court to restrain such person from […]
(1) For purposes of this section, “state regulated lender” means: (a) A banking institution as defined in ORS 706.008; (b) A credit union as defined in ORS 723.006; (c) A person that is required to be licensed under ORS 725.045; (d) A pawnbroker, as defined in ORS 726.010, that is required to be licensed under […]
The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.607 or 646.608, or as may be necessary to ensure cessation […]
(1) Except as provided in subsections (8) and (9) of this section, a person that suffers an ascertainable loss of money or property, real or personal, as a result of another person’s willful use or employment of a method, act or practice declared unlawful under ORS 646.608, may bring an individual action in an appropriate […]
(1) As used in this section and ORS 646A.670: (a) “Charged-off debt” means a debt that a creditor treats as a loss or expense and not as an asset. (b) “Consumer” means a natural person who purchases or acquires property, services or credit for personal, family or household purposes. (c) “Consumer transaction” means a transaction […]
(1) Any person injured as a result of willful use or employment by another person of an unlawful collection practice may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $200, whichever is greater. The court or the jury may award punitive damages, and the court may […]
(1) Any person who willfully violates the terms of an injunction issued under ORS 646.632 shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause […]
A debt collector who is subject to and in compliance with the requirements of the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. 1692 et seq.) shall also be considered to be in compliance with the requirements of ORS 646.639. [1991 c.906 §3]
(1) As used in this section: (a) “Affirmative consent” means a consumer’s agreement to incur a financial obligation as a result of accepting a free offer, or to provide the consumer’s billing information, given or made in the manner specifically identified for the consumer to indicate the consumer’s agreement. (b) “Billing information” means any record […]
Upon petition by the prosecuting attorney, the court may, in its discretion, order the dissolution or suspension or forfeiture of the license or franchise of any person who violates the terms of any injunction issued under ORS 646.632. [1971 c.744 §18]
(1) As used in this section: (a) “Recording group” means a group of vocal or instrumental musicians that has released a commercial sound recording under its name. (b) “Sound recording” has the meaning given that term in ORS 164.864. (2) A person may not use or attempt to use the name of a recording group […]
