2017 ORS 646A.372¹
Limits on usage of automatic dialing and announcing device

(1)(a) A caller may not use an automatic dialing and announcing device in order to call a subscriber unless:

(A) The device is designed and operated so as to disconnect within 10 seconds after the subscriber terminates the call; and

(B) The device provides, and the prerecorded or synthesized voice message that the device plays describes, a method by which a subscriber, within the first 10 seconds after a call begins, may enter a single dual-tone multifrequency signal or otherwise enter or speak a one-digit code to notify the caller that the subscriber does not want to receive any future calls from the caller.

(b) Paragraph (a)(B) of this subsection does not apply to a caller that:

(A) Is a collection agency, as defined in ORS 697.005 (Definitions for ORS 697.005 to 697.095), a debt buyer or a debt collector, as defined in ORS 646.639 (Unlawful collection practices);

(B) Is a representative of a public safety or law enforcement agency; or

(C) Has an established business relationship with the subscriber.

(2) A caller may not use an automatic dialing and announcing device to make a call unless the range of telephone numbers from which the device chooses the number to dial does not include numbers for:

(a) Fire protection, law enforcement or other emergency agencies;

(b) Hospital and health care facilities, physician’s offices, poison control centers or suicide prevention or domestic violence counseling services; and

(c) Subscribers who used the method described in subsection (1)(a)(B) of this section to notify the caller that the subscribers do not want to receive any future calls from the caller.

(3) Subsection (2)(c) of this section does not apply to a caller that:

(a) Is a collection agency, as defined in ORS 697.005 (Definitions for ORS 697.005 to 697.095), a debt buyer or a debt collector, as defined in ORS 646.639 (Unlawful collection practices);

(b) Is a representative of a public safety or law enforcement agency; or

(c) Has an established business relationship with the subscriber.

(4)(a) A caller may not use an automatic dialing and announcing device that dials telephone numbers randomly or sequentially unless the range of telephone numbers from which the device chooses the number to dial does not include numbers for subscribers who appear on an official list that a government agency compiled for the purpose of informing potential callers that the subscribers do not want to receive telephone solicitations.

(b) Paragraph (a) of this subsection does not apply to a caller that:

(A) Has an established business relationship with the subscriber;

(B) Is a debt buyer or is subject to regulation under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq.;

(C) Is a representative of a public safety or law enforcement agency; or

(D) Is a representative of a school district or school if the subscriber is an employee of the school district, a student or the student’s parent, guardian or other family member.

(5) A caller that uses an automatic dialing and announcing device may use the device to call a subscriber only between the hours of 9 a.m. and 9 p.m. [2007 c.823 §2; 2015 c.561 §2]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.