As used in ORS 646A.400 to 646A.418: (1) “Collateral charge” means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as: (a) A sales, property or use tax; (b) A license, registration or title fee; (c) A finance charge; (d) A prepayment penalty; (e) A […]
The remedy under the provisions of ORS 646A.400 to 646A.418 is available to a consumer if: (1) A new motor vehicle does not conform to applicable manufacturer’s express warranties; (2) The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the manufacturer’s authorized dealer, for the purpose of repair or correction, during the […]
(1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the motor vehicle to an applicable manufacturer’s express warranty by repairing or correcting a defect or condition that substantially impairs the use, market value or safety of the motor vehicle to the consumer after a reasonable number of attempts, […]
(1) A manufacturer that takes an action with respect to a motor vehicle under ORS 646A.404 (1)(a) or (b) shall request the Department of Transportation to: (a) Title the motor vehicle in the manufacturer’s name; and (b) Inscribe on the certificate of title for the motor vehicle and in the department’s records concerning the motor […]
(1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties if, during the two-year period following the date of original delivery of the motor vehicle to a consumer or during the period ending on the date on which the mileage on […]
If a manufacturer, for the purpose of settling disputes that arise under ORS 646A.400 to 646A.418, establishes or participates in an informal dispute settlement procedure that substantially complies with the provisions of 16 C.F.R. part 703, as in effect on June 23, 2009, and causes a consumer to be notified of the procedure, ORS 646A.404 […]
A manufacturer which has established or participates in an informal dispute settlement procedure shall keep records of all cases submitted to the procedure under ORS 646A.408 and shall make the records available to the Department of Justice if the department requests them. The department may review all case records kept under this section to determine […]
(1) If a consumer brings an action in court under ORS 646A.400 to 646A.418 against a manufacturer and the consumer is granted one of the remedies specified in ORS 646A.404 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exceed $50,000 over and […]
(1) Except as provided in ORS 646A.405, nothing in ORS 646A.400 to 646A.418 creates a cause of action by a consumer against a vehicle dealer. (2) A manufacturer may not join a dealer as a party in a proceeding brought under ORS 646A.400 to 646A.418, nor may the manufacturer try to collect from a dealer […]
An action brought under ORS 646A.400 to 646A.418 must be commenced within one year after whichever of the following periods ends earlier: (1) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles; (2) The two-year period following the date of the original delivery of the motor vehicle […]
Nothing in ORS 646A.400 to 646A.418 is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400 to 646A.418 shall not be available […]
As used in ORS 646A.430 to 646A.450: (1) “Consumer” means a person in this state who purchases a vehicle protection product or who possesses a vehicle protection product and is entitled to enforce a warranty for the product by reason of the person’s possession. (2) “Reimbursement insurance policy” means an insurance policy issued to a […]
(1) ORS 646A.430 to 646A.450 apply to vehicle protection product warranties that: (a) Accompany vehicle protection products delivered to consumers in this state; and (b) Require the warrantor, to the extent set forth in the warranty, to pay to the consumer expenses related to the loss of or damage to the vehicle. (2) A vehicle […]
(1) A person may not offer for sale or sell a vehicle protection product that includes a vehicle protection product warranty unless, at the time of the sale, the seller or a warrantor provides to the consumer: (a) A copy of the vehicle protection product warranty for the vehicle protection product; or (b) A receipt […]
(1) A person may not conduct business as a warrantor in this state or make a representation that the person is a warrantor in this state unless the person registers in writing with the Director of the Department of Consumer and Business Services in a form the director prescribes by rule. For purposes of this […]
(1) A warrantor shall obtain a reimbursement insurance policy from a qualified reimbursement insurer that covers all liability to the consumer under all vehicle protection product warranties a warrantor issues. A qualified reimbursement insurer is: (a) An insurer authorized to transact insurance in this state under a certificate of authority issued in accordance with the […]
(1) A reimbursement insurance policy for a warranty issued in accordance with ORS 646A.430 to 646A.450 shall have the following provisions: (a) The reimbursement insurer that issues the policy will reimburse or pay on behalf of the warrantor any amounts the warrantor is legally obligated to pay or will provide any service that the warrantor […]
A warrantor may designate a person as an administrator for the warrantor’s vehicle protection product warranties under ORS 646A.430 to 646A.450. [2007 c.685 §7]
(1) A warrantor shall maintain accurate accounts, books and other records for transactions regulated under ORS 646A.430 to 646A.450 and shall make the records available to the Director of the Department of Consumer and Business Services for inspection during normal business hours. The warrantor’s records shall include: (a) A copy of the warranty for each […]
(1) A warrantor may not use in the warrantor’s name: (a) “Casualty,” “surety,” “insurance,” “mutual” or any other word descriptive of the casualty, insurance or surety business; or (b) A name deceptively similar to the name or description of any insurance company, surety corporation or other warrantor. (2) A warrantor may use the word “guaranty” […]
