2013 ORS § 646.608¹
Additional unlawful business, trade practices
  • proof
  • rules

(1) A person engages in an unlawful practice if in the course of the persons 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, sponsorship, approval, or certification of real estate, goods or services.

(c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another.

(d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services.

(e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have.

(f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

(g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another.

(h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.

(i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

(j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions.

(k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred.

(L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers.

(m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling.

(n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611 (Information required to be given by telephone or door to door seller to potential customer).

(o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction.

(p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service.

(q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised.

(r) Organizes or induces or attempts to induce membership in a pyramid club.

(s) Makes false or misleading representations of fact concerning the offering price of, or the persons cost for real estate, goods or services.

(t) Concurrent with tender or delivery of any real estate, goods or services fails to disclose any known material defect or material nonconformity.

(u) Engages in any other unfair or deceptive conduct in trade or commerce.

(v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640 (Requirements for auction sales, consignment sales, auctioneers, consignees and auction marts), whether in a commercial or noncommercial situation.

(w) Manufactures mercury fever thermometers.

(x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is:

(A) Prescribed by a person licensed under ORS chapter 677; and

(B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur.

(y) Sells a thermostat that contains mercury unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, thermostat means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature.

(z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches.

(aa) Violates the provisions of ORS 803.375 (False application prohibited), 803.385 (False swearing relating to registration) or 815.410 (Illegal odometer tampering) to 815.430 (Submitting false odometer disclosure).

(bb) Violates ORS 646A.070 (Sale of telephonic equipment) (1).

(cc) Violates any requirement of ORS 646A.030 (Definitions for ORS 646A.030 to 646A.042) to 646A.040 (Waiver of provisions of ORS 646A.030 to 646A.042).

(dd) Violates the provisions of ORS 128.801 (Definitions for ORS 128.801 to 128.898) to 128.898 (Short title).

(ee) Violates ORS 646.883 (Price comparison in advertisement prohibited) or 646.885 (Use of terms in advertisement containing price comparison).

(ff) Violates ORS 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).

(gg) Violates the provisions of ORS 646A.142 (Rental vehicle collision damage waiver notice).

(hh) Violates ORS 646A.360 (Unsolicited facsimile machine transmissions).

(ii) Violates ORS 646.553 (Registration of telephonic sellers) or 646.557 (Required disclosures by telephonic seller) or any rule adopted pursuant thereto.

(jj) Violates ORS 646.563 (Telephone solicitation of party who states desire not to be called).

(kk) Violates ORS 759.690 (Operator service provider duties to service users) or any rule adopted pursuant thereto.

(LL) Violates the provisions of ORS 759.705 (Program message preamble), 759.710 (Pay-per-call information) and 759.720 (Action against information provider for failure to comply with law) or any rule adopted pursuant thereto.

(mm) Violates ORS 646A.210 (Requiring credit card number as condition for accepting check or share draft prohibited) or 646A.214 (Verification of identity in credit or debit card transactions).

(nn) Violates any provision of ORS 646A.124 (General disclosure requirements) to 646A.134 (Disclosures required in advertisement for lease-purchase agreements).

(oo) Violates ORS 646A.095 (Disclosure required when purchaser of product offered technical support through information delivery system).

(pp) Violates ORS 822.046 (Vehicle dealers duty to inform potential buyer if vehicle used for manufacture of controlled substances).

(qq) Violates ORS 128.001 (Limitations on accepting payment for preparation of trust).

(rr) Violates ORS 646A.800 (Late fees on delinquent cable service accounts) (2) to (4).

(ss) Violates ORS 646A.090 (Offer to sell or lease motor vehicle subject to future acceptance by lender) (2) to (4).

(tt) Violates ORS 87.686 (Rental agreement).

(uu) Violates ORS 646A.803 (Contest and sweepstakes solicitations).

(vv) Violates ORS 646A.362 (Exclusion of name from sweepstakes promotion mailing list).

(ww) Violates ORS 646A.052 (Form of purchase agreement) or any rule adopted under ORS 646A.052 (Form of purchase agreement) or 646A.054 (Rules).

(xx) Violates ORS 180.440 (Prohibited conduct) (1) or 180.486 (Prohibited conduct) (1).

(yy) Commits the offense of acting as a vehicle dealer without a certificate under ORS 822.005 (Acting as vehicle dealer without certificate).

(zz) Violates ORS 87.007 (Protection from construction liens perfected after sale of residential property completed) (2) or (3).

(aaa) Violates ORS 92.405 (Sale prohibited where public report not waived) (1), (2) or (3).

(bbb) Engages in an unlawful practice under ORS 646.648 (Unlawful practice by manufactured dwelling dealer).

(ccc) Violates ORS 646A.365 (Check, draft or payment instrument creating obligation for payment).

(ddd) Violates ORS 98.854 (Prohibitions placed on tower) or 98.858 (Right of owner or person in lawful possession of vehicle to redeem vehicle, contact tower and obtain property of emergency nature) or a rule adopted under ORS 98.864 (Rules).

(eee) Sells a gift card in violation of ORS 646A.276 (Sale of gift card that expires, declines in value, includes fee or does not give option to redeem).

(fff) Violates ORS 646A.102 (Notice of intent to conduct going out of business sale), 646A.106 (Circumstances in which going out of business sale prohibited) or 646A.108 (Prohibited conduct).

(ggg) Violates ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules).

(hhh) Violates a provision of ORS 744.318 (Definitions for ORS 744.318 to 744.384) to 744.384 (Rules).

(iii) Violates a provision of ORS 646A.702 (Definitions for ORS 646A.702 to 646A.720) to 646A.720 (Prohibited acts of foreclosure consultant).

(jjj) Violates ORS 646A.530 (Prohibited sales of certain childrens products) 30 or more days after a recall notice, warning or declaration described in ORS 646A.530 (Prohibited sales of certain childrens products) is issued for the childrens product, as defined in ORS 646A.525 (Definitions for ORS 646A.525 to 646A.535), that is the subject of the violation.

(kkk) Violates a provision of ORS 697.612 (Registration requirement), 697.642 (Bond requirement), 697.652 (Written agreement and budget analysis requirement), 697.662 (Prohibited practices), 697.682 (Trust accounts for client funds), 697.692 (Fees) or 697.707 (Required disclosures).

(LLL) Violates the consumer protection provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as in effect on January 1, 2010.

(mmm) Violates a provision of ORS 646A.480 (Definitions for ORS 646A.480 to 646A.495) to 646A.495 (Owner designee).

(nnn) Violates ORS 646A.082 (Floral retail sales).

(ooo) Violates ORS 646.647 (Unlawful use of recording group name).

(ppp) Violates ORS 646A.115 (Software prohibited that interferes with sale of admission tickets to entertainment events).

(qqq) Violates a provision of ORS 646A.405 (Manufacturer action under ORS 646A.404).

(rrr) Violates ORS 646A.092 (Advertisements for sale or lease of motor vehicle).

(sss) Violates a provision of ORS 646.644 (Free offer).

(ttt) Violates a provision of ORS 646A.295 (Prohibited actions).

(uuu) Violates ORS 646A.564 (Standards for mercury content in electric lamps).

(vvv) Engages in the business of, or acts in the capacity of, an immigration consultant, as defined in ORS 9.280 (Prohibition on acting as immigration consultant), in this state and for compensation, unless federal law authorizes the person to do so or unless the person is an active member of the Oregon State Bar.

(www) Violates ORS 702.012 (Registration requirement), 702.029 (Notice to athletic director required before contacting student athlete), 702.032 (Offering anything of value to student athlete as contract inducement prohibited) or 702.054 (Notice of contract).

(xxx) Violates ORS 646A.806 (Website with photographs and information about arrested persons).

(2) A representation under subsection (1) of this section or ORS 646.607 (Unlawful business, trade practices) may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.

(3) In order to prevail in an action or suit under ORS 646.605 (Definitions for ORS 646.605 to 646.652) to 646.652 (District attorneys reports to Attorney General), a prosecuting attorney need not prove competition between the parties or actual confusion or misunderstanding.

(4) An action or suit may not be brought under subsection (1)(u) of this section unless the Attorney General has first established a rule in accordance with the provisions of ORS chapter 183 declaring the conduct to be unfair or deceptive in trade or commerce.

(5) Notwithstanding any other provision of ORS 646.605 (Definitions for ORS 646.605 to 646.652) to 646.652 (District attorneys reports to Attorney General), if an action or suit is brought under subsection (1)(xx) of this section by a person other than a prosecuting attorney, relief is limited to an injunction and the prevailing party may be awarded reasonable attorney fees. [1971 c.744 §7 (enacted in lieu of 646.615); 1973 c.235 §2; 1973 c.513 §1; 1975 c.437 §1; 1977 c.195 §2; 1979 c.503 §4; 1983 c.404 §5; 1985 c.251 §10a; 1985 c.538 §3; 1985 c.694 §8; 1985 c.729 §22; 1987 c.626 §5; 1989 c.273 §7; 1989 c.451 §4; 1989 c.458 §3; 1989 c.621 §4; 1989 c.622 §7; 1989 c.623 §3; 1989 c.913 §1; 1991 c.532 §25; 1991 c.672 §8; 1993 c.58 §3; 1993 c.283 §10; 1993 c.582 §11; 1993 c.645 §10; 1993 c.700 §2; 1995 c.713 §6; 1995 c.788 §2; 1997 c.132 §6; 1997 c.806 §2; 1999 c.194 §9; 1999 c.400 §4; 1999 c.669 §3; 1999 c.719 §3; 1999 c.875 §3; 2001 c.924 §§11,13; 2001 c.969 §5; 2003 c.133 §§1,2; 2003 c.486 §§2,3; 2003 c.778 §§4,5; 2003 c.801 §§18,19; 2005 c.42 §§1,2; 2005 c.799 §§2,3; 2007 c.304 §2; 2007 c.538 §18; 2007 c.685 §13; 2007 c.772 §4; 2007 c.820 §8; 2007 c.823 §5; 2008 c.19 §§7,8; 2008 c.31 §§5,6; 2009 c.133 §6; 2009 c.150 §1; 2009 c.170 §1; 2009 c.197 §1; 2009 c.215 §3; 2009 c.310 §2; 2009 c.448 §11; 2009 c.604 §23; 2009 c.711 §21; 2009 c.717 §26; 2011 c.57 §2; 2011 c.502 §3; 2011 c.509 §4; 2012 c.52 §6; 2013 c.54 §8; 2013 c.77 §1; 2013 c.330 §2; 2013 c.493 §5]