Section 646.605 – Definitions for ORS 336.184 and 646.605 to 646.652.
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 […]
Section 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 […]
Section 646.608 – Additional unlawful business, trade practices; proof; rules.
(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, […]
Section 646.609 – “Pyramid club” and “investment” defined.
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 […]
Section 646.611 – Information required to be given by telephone or door to door seller to potential customer.
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 […]
Section 646.612 – Application of ORS 646.607 and 646.608.
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 […]
Section 646.618 – Investigative demand; petition to modify.
(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 […]
Section 646.622 – Method of serving investigative demand.
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 […]
Section 646.626 – Effect of failure to obey investigative demand.
(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 […]
Section 646.632 – Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees.
(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 […]