ORS 646.561¹
Definitions for ORS 646.561 to 646.565

As used in ORS 646.561 (Definitions for ORS 646.561 to 646.565) to 646.565 (Notice of provisions of ORS 646.561 and 646.563), unless the context otherwise requires:

(1) "Charitable organization" means an organization organized for charitable purposes as defined in ORS 128.801 (Definitions for ORS 128.801 to 128.898).

(2) "Party" means a telephone customer of a telecommunications company.

(3) "Telephone solicitation" means the solicitation by telephone by any person of a party for the purpose of encouraging the party to purchase real estate, goods or services, or make a donation. "Telephone solicitation" does not include:

(a) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have made a donation or expressed an interest in making a donation to the organization or agency;

(b) Calls limited to polling or soliciting the expression of ideas, opinions or votes; or

(c) Business to business contacts. [1989 c.622 §8; 2007 c.441 §3]

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors646.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­646ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information