OAR 137-020-0460: Requests for Removal from Sweepstakes Promotion Mailing List; Additions to List of Persons to Whom Sweepstakes Promotions May Not Be Mailed

(1) Definitions. For purposes of this rule: (a) “Department” means the Oregon Department of Justice. (b) “Removal request” means a written request to be removed from a sweepstakes promotion mailing list or to be placed on a list of persons to whom sweepstakes promotions may not be mailed. (c) “Person” means an individual, corporation, trust, partnership, or incorporated or unincorporated association. (d) “Sweepstakes” has the meaning given in OAR 137-020-0410(j). (e) “Sweepstakes promotion” means an offer to participate in a sweepstakes. (2) Any person who receives a sweepstakes promotion in the United States mail may send a written removal request to the originator of the sweepstakes promotion. (3) Removal requests shall be submitted on a “Sweepstakes Removal Request” form provided by the Department. (4) Removal requests may be mailed to: (a) The Department, at the address indicated on the “Sweepstakes Removal Request” form; or (b) The originator of the sweepstakes promotion, at the address to which the recipient of the sweepstakes promotion would have sent a payment for any goods or services promoted in the sweepstakes promotion had the recipient ordered the goods or services instead of mailing a removal request. (5) Within 15 business days of the receipt of a removal request, the Department shall forward the removal request to the originator of the sweepstakes promotion by certified mail. (6) Within 60 calendar days of the date of receipt of a removal request by a person or the Department, the originator of the sweepstakes promotion shall remove the requestor’s name from the originator’s sweepstakes promotion mailing list or place the requestor’s name on a list of persons to whom sweepstakes promotions may not be mailed. (7) Failure by the originator of a sweepstakes promotion to comply with section (6) of this rule constitutes an unlawful trade practice under ORS 646.608.