ORS 650.205
Prohibited conduct by franchisor


Notwithstanding the terms of any franchise, a franchisor shall not:

(1)

Require any franchisee to meet unreasonable mandatory minimum sales volume requirements for fuel or other products;

(2)

Alter the franchise premises during the effective term of the franchise without the consent of the franchisee. This subsection does not apply to alterations required by law;

(3)

Interfere with any franchisee’s right to assistance of counsel on any matter or to join or be active in any trade association;

(4)

Set or compel, directly or indirectly, the retail price at which the franchisee sells motor fuel or other products; and

(5)

Intentionally left blank —Ed.

(a)

With respect to credit cards issued by the franchisor, chargeback any credit card invoice to a motor fuel franchisee unless the franchisor provides the cardholder’s last-known address, the reason for chargeback, a refund or credit for any credit card handling fee collected on the transaction by the franchisor from the franchisee, and the original invoice of the credit card charge or the legal equivalent if the franchisor has previously received the invoice or a copy thereof. The cardholder’s address need not be provided if the chargeback is based on any alleged unlawful, fraudulent or deceptive act of the franchisee or an employee of the franchisee, or if the cardholder claims no legal responsibility for payment of the charge because it involved the unauthorized use of a credit card.

(b)

The terms and conditions governing a motor fuel franchisee’s acceptance of a franchisor issued credit card, including the reasons for which a chargeback may be made, shall be established in writing and a copy thereof provided to the franchisee. The franchisor or its agent shall provide at least 30 days’ prior written notice to a franchisee before implementing any change to previously disclosed terms and conditions if such change may increase the franchisee’s cost of accepting the franchisor issued credit card or if such change adds to or amends the reasons for which a chargeback may occur.

(c)

No credit card invoice for a franchisor issued credit card shall be charged back after 90-days from the date a charge invoice was submitted to the franchisor, except that a chargeback may be made beyond the 90-day period if the cardholder or franchisor alleges fraudulent or other unlawful actions by the franchisee or an employee thereof in making the sale, or if the cardholder refuses payment to the franchisor pursuant to rights granted under section 170 of the Federal Truth-in-Lending Act (15 U.S.C. 1666i), or any rule issued under section 5 of the Federal Trade Commission Act (15 U.S.C. 46), unless the cardholder’s refusal to pay is the fault of the franchisor. [1987 c.917 §5]

Source: Section 650.205 — Prohibited conduct by franchisor, https://www.­oregonlegislature.­gov/bills_laws/ors/ors650.­html.

650.005
Definitions for ORS 650.005 to 650.100
650.010
Franchise sellers required to maintain books and records
650.015
When franchise sale or offer for sale is made in this state
650.020
Liability of franchise seller
650.050
Rules
650.055
General duties and powers of director
650.057
Orders issued under ORS 650.055
650.060
Investigative powers of director
650.065
Injunctive relief
650.070
Director as agent for service of process
650.075
Manner of executing service of process
650.080
When personal service of process required
650.085
Other civil or criminal remedies unaffected
650.095
Civil penalties
650.100
Disposition of civil penalties
650.120
Definitions for ORS 650.120 to 650.170
650.123
Use of protected dealer data
650.130
Prohibited conduct by manufacturer, distributor or importer
650.132
Prohibition of coerced sales of extended service contracts, extended maintenance plans or guaranteed asset protection waivers
650.133
Constructing, altering or remodeling dealer facility
650.140
Good cause required to terminate dealer franchise
650.145
Compensation due dealer upon termination of franchise
650.150
Enjoining establishment of certain franchises or relocation of existing dealership in same market area
650.153
Liability of franchisor for repair of motor vehicle that becomes inoperative prior to sale to consumer
650.155
Liability of manufacturer for damages to vehicles before delivery to carrier
650.158
Predelivery preparation and warranty service
650.161
Compensation for repairs to vehicles subject to recall
650.162
Transfer, assignment or sale of interest in dealership or franchise
650.165
Prohibited franchise conditions
650.167
Violation of ORS 650.140 or 650.150 as irreparable injury
650.170
Dealer’s remedy
650.200
Definitions for ORS 650.200 to 650.250
650.205
Prohibited conduct by franchisor
650.210
Rights and prohibitions governing relationship between franchisor and franchisee
650.215
Prohibited conduct in offer, sale or purchase of franchise
650.220
Consent of franchisor to sale, assignment or transfer of franchise
650.225
Death of franchisee
650.230
Transfer of franchise to corporation in which franchisee has controlling interest
650.235
Franchisor prohibited from requiring operation of service station in excess of 16 hours per day
650.240
When transfer of motor fuel a sale in commerce
650.245
Principle of good faith
650.250
Injunctive relief or damages
650.300
Definitions for ORS 650.300 to 650.480
650.310
Good cause
650.320
Dealership agreement
650.330
Comparable terms and conditions
650.340
Termination, cancellation or failure to renew
650.350
Dealer’s rights upon termination, cancellation or failure to renew
650.360
Coercion prohibited
650.370
Transfer by dealer
650.380
Dealer’s successor
650.390
Dealer compensation for warranty service
650.400
Recalls
650.410
Dealer’s warranty obligations
650.420
Required disclosures
650.430
Damaged or defective vehicles
650.440
Grantor’s ownership, operation or control of dealership
650.450
Indemnification
650.460
Indemnification
650.470
Remedies
650.480
Remedies
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