2021 Oregon Revised Statutes
Chapter 646 - Trade Practices and Antitrust Regulation
Section 646.607 - Unlawful business, trade practices.


(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

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 646.140 - Enjoining violations; treble damages; attorney fees; limitation on commencement of actions.

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 646.473 - Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents.

Section 646.475 - Application and construction of ORS 646.461 to 646.475; short title; effect of invalidity.

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 646.553 - Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules.

Section 646.557 - Required disclosures by telephonic seller.

Section 646.561 - Definitions for ORS 646.561 to 646.565.

Section 646.565 - Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission.

Section 646.567 - Definitions for ORS 646.567 to 646.578.

Section 646.568 - Findings and purpose.

Section 646.569 - Prohibition on telephone solicitation of party whose name is included on list described in ORS 646.574 or on federal registry designated under ORS 646.572.

Section 646.572 - Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General.

Section 646.574 - List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints.

Section 646.578 - Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission.

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 646.611 - Information required to be given by telephone or door to door seller to potential customer.

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 646.632 - Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees.

Section 646.633 - Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services.

Section 646.638 - Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions.

Section 646.639 - Unlawful collection practices.

Section 646.641 - Civil action for unlawful collection practice; damages; attorney fees; time for commencing action.

Section 646.642 - Civil penalties.

Section 646.644 - Free offer; required disclosures; limitations on financial obligation incurred by consumer; enforcement; exception.

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 646.735 - Exemption for coordinated care organizations; state action immunity; permitted activities.

Section 646.736 - Public policy; certain cooperative activities not unlawful.

Section 646.737 - Exemption for negotiations governing sale price of Oregon blackberries; supervision by Director of Agriculture; rules; fees.

Section 646.738 - Exemption for negotiations governing price for sale of grass seed; supervision by Director of Agriculture; rules; fees.

Section 646.739 - Exemption for negotiations governing season starting price for sale of Oregon seafood; supervision by Director of Agriculture; rules; fees.

Section 646.740 - Permitted activities.

Section 646.745 - Joint operation of Memorial Coliseum and Arena in Portland; definitions; legislative findings and goals; state supervision.

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 646.780 - Recovery of treble damages; exception; recovery of fees and costs; action under federal law as bar; action parens patriae by Attorney General.

Section 646.800 - Time of commencing action.

Section 646.805 - Effect of prior final judgment or decree.

Section 646.815 - Criminal prosecutions; compromise of criminal charges; effect of prior action seeking civil penalties.

Section 646.826 - Counsel for persons testifying; grounds for refusing to answer questions; compelling testimony; exclusion of spectators.

Section 646.836 - Confidential status of investigative material; permitted disclosures; use of information in other proceedings; return of investigative material.

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 646.910 - Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements.

Section 646.913 - Limitations on gasoline sales; requirements for ethanol content in gasoline; rules.

Section 646.922 - Limitations on sale of diesel fuel; requirements for biodiesel content; exception for certain additives and for certain sellers and users; certificate of analysis; rules.

Section 646.923 - Retention of certificate of analysis; powers of Director of Agriculture; biodiesel testing; rules.

Section 646.930 - Motor vehicle fuel prices; requirements for display.

Section 646.932 - Requirement to post amount per gallon of gasoline that is federal, state and local tax; option to disclose cost per gallon of low carbon fuel standard; information from Department of Transportation and State Department of Agricultur...

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 646.957 - Rules.

Section 646.959 - Annual fee for metering instrument or device.

Section 646.963 - Civil penalties.

Section 646.990 - Penalties.