(b) Prohibited methods for coercing or attempting to coerce a dealer include, but are not limited to:
(A) Stating to a dealer that the dealer’s failure to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection will substantially and adversely affect the dealer’s business or the dealer’s relationship with the manufacturer, distributor or importer;
(B) Requiring the dealer in a franchise agreement to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection;
(C) Measuring the dealer’s performance in a franchise on the basis of whether, or the extent to which, the dealer advertises, promotes, offers or sells the products or services described in paragraph (a) of this subsection; or
(D) Requiring the dealer to advertise, promote, offer or sell the products or services described in paragraph (a) of this subsection to the exclusion of other, similar products or services that a person other than the manufacturer, distributor or importer offers.
(2) The prohibition in subsection (1) of this section does not affect a manufacturer’s, distributor’s or importer’s right or ability to:
(a) Provide incentives to a dealer that voluntarily decides to advertise, promote, offer or sell the products or services described in subsection (1)(a) of this section; or
(b) Require a dealer that sells a product or service that is similar to the products or services described in subsection (1)(a) of this section, but that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse, to notify a customer in writing, and to obtain the customer’s acknowledgment, that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse the product or service. [2015 c.584 §2]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 650 - Franchise Transactions
Section 650.005 - Definitions for ORS 650.005 to 650.100.
Section 650.015 - When franchise sale or offer for sale is made in this state.
Section 650.055 - General duties and powers of director.
Section 650.057 - Orders issued under ORS 650.055.
Section 650.070 - Director as agent for service of process.
Section 650.075 - Manner of executing service of process; effect of initial service.
Section 650.095 - Civil penalties.
Section 650.120 - Definitions for ORS 650.120 to 650.170.
Section 650.123 - Use of protected dealer data; prohibitions; liabilities.
Section 650.130 - Prohibited conduct by manufacturer, distributor or importer.
Section 650.145 - Compensation due dealer upon termination of franchise.
Section 650.155 - Liability of manufacturer for damages to vehicles before delivery to carrier.
Section 650.165 - Prohibited franchise conditions.
Section 650.170 - Dealer’s remedy.
Section 650.200 - Definitions for ORS 650.200 to 650.250.
Section 650.205 - Prohibited conduct by franchisor.
Section 650.210 - Rights and prohibitions governing relationship between franchisor and franchisee.
Section 650.215 - Prohibited conduct in offer, sale or purchase of franchise.
Section 650.250 - Injunctive relief or damages; limitation on commencement of action; attorney fees.
Section 650.300 - Definitions for ORS 650.300 to 650.480.
Section 650.310 - Good cause; determination.
Section 650.320 - Dealership agreement.
Section 650.330 - Comparable terms and conditions; grantor sales to public.
Section 650.340 - Termination, cancellation or failure to renew; notice; grounds.
Section 650.350 - Dealer’s rights upon termination, cancellation or failure to renew.
Section 650.360 - Coercion prohibited.
Section 650.370 - Transfer by dealer.
Section 650.380 - Dealer’s successor.
Section 650.410 - Dealer’s warranty obligations.
Section 650.420 - Required disclosures.
Section 650.430 - Damaged or defective vehicles.
Section 650.440 - Grantor’s ownership, operation or control of dealership.
Section 650.450 - Indemnification; grantor and dealer.
Section 650.460 - Indemnification; warrantor and dealer.
Section 650.470 - Remedies; grantor and dealer; attorney fees.
Section 650.480 - Remedies; warrantor and dealer; attorney fees.