ORS 646.612¹

Application of ORS 646.607 and 646.608

Notes of Decisions

Where users of IUDs brought suit against manufacturer on variety of grounds, claiming damages for infertility, private en­force­­ment pro­vi­sion of Oregon Unlawful Trade Practices Act (UTPA) does not provide remedy for per­sonal injuries. Allen v. G.D. Searle and Co., 708 F Supp 1142 (D. Or. 1989)

Federal Trade Commission statutes and regula­tions re­gard­ing used motor vehicles do not preempt ORS 646.608 (Additional unlawful business, trade practices) (1)(t). Hinds v. Paul's Auto Werkstatt, Inc., 107 Or App 63, 810 P2d 874 (1991), Sup Ct review denied

Professional standards of care permitting, but not requiring, con­duct that is alleged to be improper are relevant to demonstrate mental state. State ex rel Frohnmayer v. Freeman, 131 Or App 336, 884 P2d 878 (1994), Sup Ct review denied

Atty. Gen. Opinions

Restric­tions on the right of a cosmetic therapist to advertise as a "barber," (1973) Vol 36, p 365

Law Review Cita­tions

54 OLR 117-160 (1975)

Notes of Decisions

A complaint which alleges in one count that defendants advertised automobile for sale with intent not to sell it as advertised, in a sec­ond count that there was a failure to disclose advertised price coupled with sale at greater amount sufficiently pleads ac­tion under Act. Sanders v. Francis, 277 Or 593, 561 P2d 1003 (1977)

Plaintiff's purchase of truck to carry on business of hauling freight in order to provide family invest­ment and employ­ment for family member did not fall within pro­vi­sions of Act. Searle v. Exley Express, Inc., 278 Or 535, 564 P2d 1054 (1977)

Amend­ment of defini­tion of "trade" and "commerce" to include "advertising, offering or distributing, whether by sale, rental or otherwise, any real estate, goods or services" does not indicate legislative intent to extend applica­tion of Unfair Trade Practices Act to loans and extensions of credit. Lamm v. Amfac Mortgage Corp., 44 Or App 203, 605 P2d 730 (1980)

There is no require­ment that consumer prove all ele­ments of common law fraud in order to recover damages under Unlawful Trade Practices Act. Raudebaugh v. Ac­tion Pest Control, 59 Or App 166, 650 P2d 1006 (1982)

Plaintiff's allega­tions that defendant escrow company represented that plaintiff would receive security interests on notes from sale of their business did not constitute misrepresenta­tions ac­tionable under Unlawful Trade Practices Act. Samuels v. Key Title Co., 63 Or App 627, 665 P2d 362 (1983), Sup Ct review denied

Law Review Cita­tions

56 OLR 490 (1977); 13 WLJ 455 (1977)

Notes of Decisions

Where users of IUDs brought suit against manufacturer on variety of grounds, claiming damages for infertility, private en­force­­ment pro­vi­sion of Oregon Unlawful Trade Practices Act (UTPA) does not provide remedy for per­sonal injuries. Allen v. G.D. Searle and Co., 708 F Supp 1142 (D. Or. 1989)

Law Review Cita­tions

51 OLR 335, 346, 408 (1972); 53 OLR 473-475 (1974)

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