ORS 646.568
Findings and purpose


(1)

The Legislative Assembly finds that:

(a)

Fraud committed by means of unwanted telephone solicitations causes economic harm to Oregonians and constitutes an invasion of privacy and a threat to the welfare of the people of this state.

(b)

Unwanted telephone solicitations cause Oregonians harm because:

(A)

Telephone solicitations have become a primary tool for the marketing of real estate, goods and services to parties. Telephone solicitors have engaged in the practice of cold calling, which is the initiation of calls to parties with whom the telephone solicitors have no prior business relationship, to market scams, fraudulent schemes and worthless goods and services to unsuspecting parties who often lose thousands of dollars as a result of the solicitations.

(B)

Telephone solicitors often make calls based on lists targeting the elderly or other vulnerable populations who are unable to assess the risks associated with engaging in sales transactions over the telephone.

(C)

Technologies designed to assist parties in avoiding unwanted telephone solicitations are not effective and place an additional financial burden on parties, effectively shifting the cost of unwanted telephone solicitations to parties. These technologies include:
(i)
Caller identification systems, for which parties bear the cost of the caller identification service and any related hardware, and for which technology exists that allows telephone solicitors to block caller identification data;
(ii)
Privacy manager services that, for a fee, intercept calls; and
(iii)
Unlisted telephone numbers, for which parties pay an additional fee.

(D)

Unwanted telephone solicitations tie up telephone lines and prevent legitimate telephone calls from being received or placed by parties. Predictive dialers utilized by telephone solicitors that automatically dial parties’ telephone numbers frequently result in abandoned telephone solicitations and silence when the party answers the phone. These solicitations constitute an intrusion on the property of parties and an invasion of privacy.

(E)

The growing practice of preacquired account telephone solicitation, in which a telephone solicitor acquires the party’s billing information prior to initiating a telephone solicitation, has increasingly resulted in unauthorized charges to parties’ financial accounts.

(c)

Existing state and federal laws are inadequate to prevent the harm to the public welfare that results from telephone solicitations.

(d)

Allowing parties to choose not to receive unwanted telephone solicitations by placing their telephone numbers on a “do not call” list provides a means by which parties can protect themselves from fraud related to telephone solicitations and from the resulting economic harm and invasion of privacy.

(2)

The purpose of ORS 646.567 (Definitions for ORS 646.567 to 646.578) to 646.578 (Notice of provisions of ORS 646.567 to 646.578) is to prevent the harmful effects set forth in subsection (1)(b) of this section that result from telephone solicitations without inhibiting legitimate telephone solicitations to parties who choose to receive them. Prohibiting telephone solicitations to those Oregonians whose telephone numbers appear on the list described in ORS 646.574 (List of persons who do not wish to receive telephone solicitations) enables Oregonians to choose whether to receive telephone solicitations. [2007 c.441 §2]

Source: Section 646.568 — Findings and purpose, https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html.

646.010
Designation and scope of ORS 646.010 to 646.180
646.020
Definitions and explanations
646.030
Application to cooperative associations
646.040
Price discrimination prohibited
646.050
Establishing prima facie case of discrimination
646.060
Commissions and allowances
646.070
Special payments to customers
646.080
Special services to customers
646.090
Inducing or receiving price discrimination prohibited
646.130
Cost surveys as evidence
646.140
Enjoining violations
646.150
Action for damages
646.160
Presumption of damages
646.170
Requiring defendant to testify
646.180
Illegal contracts
646.461
Definitions for ORS 646.461 to 646.475
646.463
Enjoining misappropriation
646.465
Damages for misappropriation
646.467
Attorney fees
646.469
Preservation of trade secret by court
646.471
Limitation on commencement of action
646.473
Conflicting tort, restitution or other law providing civil remedies
646.475
Application and construction of ORS 646.461 to 646.475
646.515
Definitions for ORS 646.515 to 646.545
646.525
Cooperative bargaining associations authorized
646.535
Unfair trade practices prohibited
646.545
Remedy for unfair trade practices
646.551
Definitions for ORS 646.551 to 646.557
646.553
Registration of telephonic sellers
646.555
Burden of proof for person claiming exemption
646.557
Required disclosures by telephonic seller
646.559
Rules
646.561
Definitions for ORS 646.561 to 646.565
646.563
Telephone solicitation of party who states desire not to be called
646.565
Notice of provisions of ORS 646.561 and 646.563
646.567
Definitions for ORS 646.567 to 646.578
646.568
Findings and purpose
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
646.572
Administration of telephone solicitation program through contract or by designation of federal registry
646.574
List of persons who do not wish to receive telephone solicitations
646.576
Rules
646.578
Notice of provisions of ORS 646.567 to 646.578
646.605
Definitions for ORS 336.184 and 646.605 to 646.652
646.607
Unlawful business, trade practices
646.608
Additional unlawful business, trade practices
646.609
“Pyramid club” and “investment” defined
646.611
Information required to be given by telephone or door to door seller to potential customer
646.612
Application of ORS 646.607 and 646.608
646.618
Investigative demand
646.622
Method of serving investigative demand
646.626
Effect of failure to obey investigative demand
646.632
Enjoining unlawful trade practices
646.633
Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services
646.636
Remedial power of court
646.638
Civil action by private party
646.639
Unlawful collection practices
646.641
Civil action for unlawful collection practice
646.642
Civil penalties
646.643
Applicability of ORS 646.639
646.644
Free offer
646.646
Loss of license or franchise by person violating injunction
646.647
Unlawful use of recording group name
646.648
Unlawful practice by manufactured dwelling dealer
646.652
District attorney’s reports to Attorney General
646.656
Remedies supplementary to existing statutory or common law remedies
646.705
Definitions for ORS 136.617 and 646.705 to 646.805
646.715
Declaration of purpose
646.725
Prohibited acts
646.730
Monopolies prohibited
646.735
Exemption for coordinated care organizations
646.736
Public policy
646.737
Exemption for negotiations governing sale price of Oregon blackberries
646.738
Exemption for negotiations governing price for sale of grass seed
646.739
Exemption for negotiations governing season starting price for sale of Oregon seafood
646.740
Permitted activities
646.745
Joint operation of Memorial Coliseum and Arena in Portland
646.750
Investigative demand by Attorney General
646.760
Civil penalties
646.770
Equitable remedies
646.775
Actions by Attorney General
646.780
Recovery of treble damages
646.790
Venue
646.800
Time of commencing action
646.805
Effect of prior final judgment or decree
646.815
Criminal prosecutions
646.821
Taking testimony for investigative demand
646.823
Attendance of Attorney General at grand jury proceedings
646.826
Counsel for persons testifying
646.831
Fees and mileage for persons testifying
646.836
Confidential status of investigative material
646.881
Definitions for ORS 646.881 to 646.885
646.883
Price comparison in advertisement prohibited
646.885
Use of terms in advertisement containing price comparison
646.905
Definitions for ORS 646.910 to 646.923
646.910
Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements
646.911
Sale of gasoline with oxygenate other than ethanol
646.913
Limitations on gasoline sales
646.915
Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines
646.920
Wholesale dealer
646.922
Limitations on sale of diesel fuel
646.923
Retention of certificate of analysis
646.925
Enforcement
646.930
Motor vehicle fuel prices
646.932
Requirement to post amount per gallon of gasoline that is federal, state and local tax
646.935
Diesel fuel sales
646.945
Definitions for ORS 646.947 to 646.963
646.947
Prohibited activities
646.949
Signs identifying octane rating
646.951
Testing of motor vehicle fuel
646.953
Orders of Director of Agriculture
646.955
Records required
646.957
Rules
646.959
Annual fee for metering instrument or device
646.961
Motor Vehicle Fuel Inspection Program Account
646.963
Civil penalties
646.990
Penalties
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