(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 estate, goods or services as promised, and at a customer’s request, fails to refund money that the customer gave to the person to purchase the undelivered real estate, goods or services and that the person does not retain pursuant to any right, claim or defense the person may assert in good faith. This subsection does not create a warranty obligation and does not apply to a dispute over the quality of real estate, goods or services delivered to a customer.
(3) Violates ORS 401.965 (2).
(4) Violates a provision of ORS 646A.725 to 646A.750.
(5) Violates ORS 646A.530.
(6) Employs a collection practice that is unlawful under ORS 646.639.
(7) Is a beneficiary that violates ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2).
(8) Violates ORS 646A.093.
(9) Violates a provision of ORS 646A.600 to 646A.628.
(10) Violates ORS 646A.808 (2).
(11) Violates ORS 336.184.
(12) Publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation.
(13) Violates ORS 646A.813 (2).
(14) Violates ORS 137.930 (1).
(15) Violates section 1, chapter 305, Oregon Laws 2021. [1977 c.195 §4; 1979 c.505 §1; 2003 c.759 §§9,10; 2007 c.223 §6; 2008 c.19 §16; 2008 c.31 §4; 2009 c.60 §1; 2013 c.304 §13; 2013 c.433 §2; 2015 c.128 §2; 2015 c.357 §4; 2015 c.528 §3; 2017 c.145 §1; 2019 c.193 §2; 2021 c.305 §2; 2021 c.486 §5]
Note: The amendments to 646.607 by section 3, chapter 305, Oregon Laws 2021, become operative on the date that is 450 days after the date of the termination or expiration of the emergency declared by the Governor related to the COVID-19 pandemic. See section 6, chapter 305, Oregon Laws 2021. The text that is operative on and after the date that is 450 days after the date of the termination or expiration of the emergency declared by the Governor related to the COVID-19 pandemic is set forth for the user’s convenience. 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 estate, goods or services as promised, and at a customer’s request, fails to refund money that the customer gave to the person to purchase the undelivered real estate, goods or services and that the person does not retain pursuant to any right, claim or defense the person may assert in good faith. This subsection does not create a warranty obligation and does not apply to a dispute over the quality of real estate, goods or services delivered to a customer.
(3) Violates ORS 401.965 (2).
(4) Violates a provision of ORS 646A.725 to 646A.750.
(5) Violates ORS 646A.530.
(6) Employs a collection practice that is unlawful under ORS 646.639.
(7) Is a beneficiary that violates ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2).
(8) Violates ORS 646A.093.
(9) Violates a provision of ORS 646A.600 to 646A.628.
(10) Violates ORS 646A.808 (2).
(11) Violates ORS 336.184.
(12) Publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation.
(13) Violates ORS 646A.813 (2).
(14) Violates ORS 137.930 (1).
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 646 - Trade Practices and Antitrust Regulation
Section 646.020 - Definitions and explanations.
Section 646.040 - Price discrimination prohibited; price differentials.
Section 646.461 - Definitions for ORS 646.461 to 646.475.
Section 646.463 - Enjoining misappropriation; payment of royalties; affirmative acts.
Section 646.465 - Damages for misappropriation.
Section 646.467 - Attorney fees.
Section 646.515 - Definitions for ORS 646.515 to 646.545.
Section 646.535 - Unfair trade practices prohibited; exception.
Section 646.545 - Remedy for unfair trade practices; attorney fees.
Section 646.551 - Definitions for ORS 646.551 to 646.557.
Section 646.557 - Required disclosures by telephonic seller.
Section 646.561 - Definitions for ORS 646.561 to 646.565.
Section 646.567 - Definitions for ORS 646.567 to 646.578.
Section 646.568 - Findings and purpose.
Section 646.605 - Definitions for ORS 336.184 and 646.605 to 646.652.
Section 646.607 - Unlawful business, trade practices.
Section 646.608 - Additional unlawful business, trade practices; proof; rules.
Section 646.612 - Application of ORS 646.607 and 646.608.
Section 646.618 - Investigative demand; petition to modify.
Section 646.622 - Method of serving investigative demand.
Section 646.626 - Effect of failure to obey investigative demand.
Section 646.639 - Unlawful collection practices.
Section 646.642 - Civil penalties.
Section 646.647 - Unlawful use of recording group name; exceptions.
Section 646.648 - Unlawful practice by manufactured dwelling dealer.
Section 646.705 - Definitions for ORS 136.617 and 646.705 to 646.805.
Section 646.715 - Declaration of purpose.
Section 646.736 - Public policy; certain cooperative activities not unlawful.
Section 646.740 - Permitted activities.
Section 646.750 - Investigative demand by Attorney General; petition to modify.
Section 646.760 - Civil penalties; attorney fees; mitigation.
Section 646.770 - Equitable remedies; attorney fees.
Section 646.775 - Actions by Attorney General; damages; attorney fees.
Section 646.800 - Time of commencing action.
Section 646.805 - Effect of prior final judgment or decree.
Section 646.881 - Definitions for ORS 646.881 to 646.885.
Section 646.883 - Price comparison in advertisement prohibited; exceptions.
Section 646.885 - Use of terms in advertisement containing price comparison.
Section 646.905 - Definitions for ORS 646.910 to 646.923.
Section 646.930 - Motor vehicle fuel prices; requirements for display.
Section 646.935 - Diesel fuel sales; price discrimination.
Section 646.945 - Definitions for ORS 646.947 to 646.963.
Section 646.947 - Prohibited activities.
Section 646.949 - Signs identifying octane rating.
Section 646.951 - Testing of motor vehicle fuel.
Section 646.953 - Orders of Director of Agriculture.
Section 646.955 - Records required.
Section 646.959 - Annual fee for metering instrument or device.