ORS 646A.460
Definitions for ORS 646A.460 to 646A.476


As used in ORS 646A.460 (Definitions for ORS 646A.460 to 646A.476) to 646A.476 (Civil action for damages):

(1)

“Assistive device” or “device” means:

(a)

Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and controls for any motorized features; and

(b)

Hearing aids as defined in ORS 694.015 (Definitions for ORS 694.015 to 694.170).

(2)

“Assistive device system” means a system of assistive devices. An “assistive device system” may be a single assistive device, or each component part of the assistive device system may be considered a separate assistive device.

(3)

“Authorized dealer” means a dealer authorized by a manufacturer to sell or lease assistive devices manufactured or assembled by the manufacturer.

(4)

“Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of delivering the assistive device to the manufacturer or dealer for repair and obtaining an alternative device if no loaner was offered.

(5)

“Consumer” means any of the following:

(a)

The purchaser of an assistive device, if the device was purchased from a dealer or manufacturer for purposes other than resale;

(b)

A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the device;

(c)

A person who may enforce the warranty; or

(d)

A person who leases an assistive device from a dealer under a written lease.

(6)

“Current value of the written lease” means the total amount for which the lease obligates the consumer during the period of the lease remaining after its early termination, plus the dealer’s early termination costs and the market value of the assistive device at the lease expiration date if the lease sets forth that market value, less the dealer’s early termination savings.

(7)

“Dealer” means a person who is in the business of selling or leasing assistive devices.

(8)

“Demonstrator” means an assistive device that would be new but for its use, since its manufacture, only for the purpose of demonstrating the device to the public or prospective buyers or lessees.

(9)

“Early termination cost” means any expense or obligation that a dealer incurs as a result of both the termination of a written lease before the termination date set forth in the lease and the return of an assistive device to a manufacturer under ORS 646A.464 (Repair of assistive device) (4). “Early termination cost” includes a penalty for prepayment under a finance arrangement.

(10)

“Early termination savings” means any expense or obligation that a dealer avoids as a result of both the termination of a written lease before the termination date set forth in the lease and the return of an assistive device to a manufacturer under ORS 646A.464 (Repair of assistive device) (4). “Early termination savings” includes the interest charge that the dealer would have paid to finance the device or, if the dealer does not finance the device, the difference between the total amount for which a lease obligates the consumer during the period of the lease term remaining after the early termination and the present market value of that amount at the date of the early termination.

(11)

“Individual with a disability” means any individual who is considered to have a mental or physical disability or impairment for the purposes of any law of this state or of the United States, including any rules or regulations adopted under those laws.

(12)

“Loaner” means an assistive device, provided to the consumer for use by the user free of charge, that need not be new or be identical to or have functional capabilities equal to or greater than those of the original assistive device, but that meets the following conditions:

(a)

It is in good working order;

(b)

It performs at a minimum the most essential functions of the original assistive device, in light of the disability of the user; and

(c)

Any differences between it and the original assistive device do not create a threat to safety.

(13)

“Manufacturer” means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantor of the manufacturer’s device, but does not include a dealer.

(14)

Intentionally left blank —Ed.

(a)

“Nonconformity” means a condition or defect that substantially impairs the use, market value or safety of an assistive device and that is covered by an express warranty applicable to the device or to a component of the device.

(b)

“Nonconformity” does not include a condition or defect that:

(A)

Is the result of abuse or neglect of the device by a consumer;

(B)

Is the result of an unauthorized modification or alteration of the device by a consumer if the modification or alteration substantially affects the performance of the device; or

(C)

For hearing aids, is the result of normal use of the hearing aid and when the condition or defect could be resolved through fitting adjustments, cleaning or proper care.

(15)

Intentionally left blank —Ed.

(a)

“Reasonable allowance for use” means:

(A)

When an assistive device has been sold to a consumer, no more than the amount obtained by multiplying the full purchase price of the device by a fraction, the denominator of which is the number of days in the useful life of the device and the numerator of which is the number of days that the device was used before the consumer first reported the nonconformity to the manufacturer or any authorized dealer.

(B)

When an assistive device has been leased to a consumer, no more than the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is the useful life of the device and the numerator of which is the number of days that the device was used before the consumer first reported the nonconformity to the manufacturer or any authorized dealer.

(b)

As used in this subsection, the useful life of the assistive device is the greater of:

(A)

Five years; or

(B)

Such other time that the consumer may prove to be the expected useful life of assistive devices of the same kind.

(16)

“Reasonable attempt to repair” means, within the terms of an express warranty applicable to an assistive device:

(a)

The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues; or

(b)

The assistive device is out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity.

(17)

“User” means an individual with a disability who, by reason thereof, needs and actually uses the assistive device. [Formerly 646.482]

Source: Section 646A.460 — Definitions for ORS 646A.460 to 646A.476, https://www.­oregonlegislature.­gov/bills_laws/ors/ors646A.­html.

646A.030
Definitions for ORS 646A.030 to 646A.042
646A.032
Price list for health spa services
646A.034
Contracts
646A.036
Contracts and rules
646A.038
Moneys paid prior to facility opening
646A.040
Waiver of provisions of ORS 646A.030 to 646A.042
646A.042
Remedies and obligations supplementary to existing remedies
646A.050
Definitions
646A.052
Form of purchase agreement
646A.054
Rules
646A.060
Purchase of used goods
646A.062
Penalty for violation of ORS 646A.060
646A.064
Definitions for ORS 646A.064 to 646A.067
646A.065
Records required for transactions involving items of precious metal
646A.066
Applicability to local ordinances
646A.067
Preemption of local requirements applicable to pawnbrokers
646A.068
Penalty for violating ORS 646A.065
646A.070
Sale of telephonic equipment
646A.072
Exceptions to disclosure requirements
646A.075
Required information prior to purchase of dog
646A.077
Qualification for full refund
646A.080
Sale of novelty item containing mercury
646A.081
Prohibition on sale or installation of mercury vapor outdoor lighting fixtures
646A.082
Floral retail sales
646A.085
Sale of rights by distributor to exhibit motion picture without first giving exhibitor opportunity to view motion picture prohibited
646A.090
Offer to sell or lease motor vehicle under retail installment contract or lease agreement
646A.092
Advertisements for sale or lease of motor vehicle
646A.093
Disclosures for handling and shipping consumer goods required in advertisements, offers and sales
646A.095
Disclosure required when purchaser of product offered technical support through information delivery system
646A.097
Payment of sales commissions following termination of contract between sales representative and principal
646A.100
Definitions for ORS 646A.100 to 646A.110
646A.102
Notice of intent to conduct going out of business sale
646A.104
Information required in notice of intent
646A.106
Circumstances in which going out of business sale prohibited
646A.108
Prohibited conduct
646A.110
Applicability of ORS 646A.100 to 646A.110 and 646A.112
646A.112
Injunction of sham sale
646A.115
Software prohibited that interferes with sale of admission tickets to entertainment events
646A.120
Definitions for ORS 646A.120 to 646A.134
646A.122
Applicability of ORS 646A.120 to 646A.134
646A.124
General disclosure requirements
646A.126
Specific disclosure requirements
646A.128
Provisions prohibited in lease-purchase agreements
646A.130
Reinstatement of lease-purchase agreement by consumer
646A.132
Renegotiation or extension of lease-purchase agreement
646A.134
Disclosures required in advertisement for lease-purchase agreements
646A.140
Definitions for ORS 646A.140 and 646A.142
646A.142
Rental vehicle collision damage waiver notice
646A.150
Applicability of ORS 646A.150 to 646A.172
646A.152
Definitions for ORS 646A.150 to 646A.172
646A.154
Service contract defined
646A.156
Required contents of service contracts
646A.158
Prohibited conduct
646A.160
Service contract obligor as agent of insurer
646A.162
Investigation of violations
646A.164
Complaints and investigations confidential
646A.166
Refusal to continue or suspension or revocation of registration
646A.168
Assessment fee
646A.170
Remedies not exclusive
646A.172
Rules
646A.200
Definitions for ORS 646A.202 and 646A.204
646A.202
Payment processing systems
646A.204
Customer information
646A.206
Rules
646A.210
Requiring credit card number as condition for accepting check or share draft prohibited
646A.212
“Credit card” defined
646A.214
Verification of identity in credit or debit card transactions
646A.220
Credit card solicitation
646A.222
Charge card solicitation
646A.230
Action by Attorney General or district attorney
646A.232
Effect of compliance with federal law
646A.240
Treatment of child support obligations by creditor in applications for extensions of credit
646A.242
“Creditor” defined
646A.244
Cause of action for violation of ORS 646A.240
646A.274
Definitions for ORS 646A.276 and 646A.278
646A.276
Sale of gift card that expires, declines in value, includes fee or does not give option to redeem
646A.278
Requirements for sale of gift card that expires
646A.280
Definitions for ORS 646A.280 to 646A.290
646A.282
Simulated invoices prohibited
646A.284
Cause of action by Attorney General
646A.286
Cause of action by private party
646A.288
Presumptions in cause of action brought under ORS 646A.284 or 646A.286
646A.290
Construction
646A.292
Legislative intent
646A.293
Definitions for ORS 646A.293 and 646A.295
646A.295
Prohibited actions
646A.300
Definitions for ORS 646A.300 to 646A.322
646A.302
Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier
646A.304
Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement
646A.306
Repurchase of inventory by supplier
646A.308
Civil action for supplier’s failure to pay
646A.310
Prohibited conduct by supplier
646A.312
Termination, cancellation or nonrenewal of retailer agreement
646A.314
New or relocated dealership
646A.316
Warranty claims
646A.318
Warranty claims
646A.320
Retailer’s improvements to products
646A.322
Remedies
646A.325
Repurchase of motor vehicle by manufacturer
646A.327
Attorney fees for action under ORS 646A.325
646A.340
Definitions for ORS 646A.340 to 646A.348
646A.342
Prohibited conduct
646A.344
Bond or letter of credit
646A.346
Damages
646A.348
Action by Attorney General
646A.350
Delivery of unrequested hazardous substances prohibited
646A.352
Penalty
646A.360
Unsolicited facsimile machine transmissions
646A.362
Exclusion of name from sweepstakes promotion mailing list
646A.365
Check, draft or payment instrument creating obligation for payment
646A.370
Definitions for ORS 646A.370 to 646A.374
646A.372
Limits on usage of automatic dialing and announcing device
646A.374
Prohibited actions
646A.376
Enforcement
646A.400
Definitions for ORS 646A.400 to 646A.418
646A.402
Availability of remedy
646A.404
Consumer’s remedies
646A.405
Manufacturer action under ORS 646A.404
646A.406
Presumption of reasonable attempt to conform
646A.408
Use of informal dispute settlement procedure as condition for remedy
646A.410
Informal dispute settlement procedure
646A.412
Action in court
646A.414
Limitations on actions against dealers
646A.416
Limitation on commencement of action
646A.418
Remedies supplementary to existing statutory or common law remedies
646A.430
Definitions for ORS 646A.430 to 646A.450
646A.432
Applicability of ORS 646A.430 to 646A.450
646A.434
Sale of vehicle protection product
646A.436
Warrantor registration
646A.438
Reimbursement insurance
646A.440
Required provisions of reimbursement insurance policy
646A.442
Vehicle protection product warranty administrator
646A.444
Recordkeeping requirements for warrantor
646A.446
Prohibited conduct for warrantor
646A.448
Prohibited activities
646A.450
Rules
646A.452
Enforcement by Attorney General
646A.460
Definitions for ORS 646A.460 to 646A.476
646A.462
Express warranty
646A.464
Repair of assistive device
646A.466
Replacement or refund after attempt to repair
646A.468
Procedures for replacement or refund
646A.470
Sale or lease of returned assistive device
646A.472
Dispute resolution
646A.474
Applicability of other laws
646A.476
Civil action for damages
646A.480
Definitions for ORS 646A.480 to 646A.495
646A.482
Estimate required before beginning work
646A.486
Prohibited actions if estimate exceeds $200
646A.490
Additional prohibited actions
646A.495
Owner designee
646A.500
Legislative findings
646A.502
Short title
646A.504
Definitions for ORS 646A.500 to 646A.514
646A.506
Prohibited conduct
646A.508
Penalties
646A.510
Exemptions
646A.512
Private right of action
646A.514
Scope of remedies
646A.525
Definitions for ORS 646A.525 to 646A.535
646A.530
Prohibited sales of certain children’s products
646A.535
Assistance of Attorney General in obtaining recall notices
646A.540
Definitions
646A.542
Requirement to document compliance
646A.544
Local government enforcement
646A.550
Short title
646A.555
License to engage in business activity not required for individual under 17 years of age
646A.560
Legislative findings
646A.562
Definitions for ORS 646A.560 to 646A.566
646A.564
Standards for mercury content in electric lamps
646A.566
Considerations for state agency procurement of lighting devices that contain mercury
646A.575
Definitions for ORS 646A.575 to 646A.590
646A.577
Limited license required
646A.580
Cost of coverage
646A.582
Written disclosure requirements
646A.585
Exceptions to license requirement
646A.588
Restrictions on modification or termination of coverage
646A.590
Rules
646A.592
Enforcement
646A.600
Short title
646A.602
Definitions for ORS 646A.600 to 646A.628
646A.604
Notice of breach of security
646A.606
Security freeze
646A.608
Deadline for placing security freeze
646A.610
Fees not permitted
646A.612
Conditions for lifting or removing security freeze
646A.614
Effect of security freeze on use of consumer reports or protective records
646A.616
Effect of request for consumer report subject to security freeze
646A.618
Prohibition on changes to consumer report subject to security freeze
646A.620
Prohibition on printing, displaying or posting Social Security numbers
646A.622
Requirement to develop safeguards for personal information
646A.624
Powers of director
646A.626
Rules
646A.628
Allocation of moneys
646A.640
Definitions
646A.643
License requirement to engage in debt buying
646A.646
License application
646A.649
Licensee’s principal place of business and registered agent
646A.652
Required notices
646A.655
Compliance with director’s standards
646A.658
Prohibited practices
646A.661
Director’s supervisory authority
646A.664
Enforcement actions
646A.667
Preemption
646A.670
Legal action to collect debt
646A.673
Rules
646A.677
Requirement to screen for financial assistance before transferring medical debt for collection
646A.680
Legislative intent
646A.683
Requirement to report increase in drug price
646A.686
Short title
646A.689
Requirement to report certain information concerning drug manufacturing and pricing
646A.692
Civil penalty
646A.693
Prescription Drug Affordability Board
646A.694
Annual affordability determination for identified drugs and insulin products
646A.695
Annual fees assessed against drug manufacturers
646A.696
Report to Health Care Cost Growth Target program and Legislative Assembly
646A.697
Study of market for generic drugs
646A.700
Short title
646A.702
Definitions for ORS 646A.702 to 646A.720
646A.705
Persons that are not foreclosure consultants
646A.710
Foreclosure consulting contract
646A.715
Cancellation
646A.720
Prohibited acts of foreclosure consultant
646A.725
Definitions for ORS 646A.725 to 646A.750
646A.730
Persons that are not equity purchasers
646A.735
Written contract
646A.740
Cancellation
646A.745
Required and prohibited acts
646A.750
Rebuttable presumptions
646A.755
Acts not precluded
646A.760
Civil action for damages
646A.765
Penalties
646A.770
Definitions
646A.773
Applicability of Insurance Code
646A.776
Required disclosures
646A.779
Determination of amount of waiver
646A.781
Cancellation and expiration
646A.784
Reimbursement insurance policies for guaranteed asset protection waivers
646A.787
Fiduciary responsibilities
646A.790
Unlawful practices
646A.800
Late fees on delinquent cable service accounts
646A.801
Termination of residential cable service or residential telecommunications service for certain persons
646A.803
Contest and sweepstakes solicitations
646A.806
Website with photographs and information about arrested persons
646A.808
Obtaining personal information by false representation via electronic media
646A.810
Patent infringement claim made in bad faith
646A.813
Security requirements for Internet-connected devices
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