ORS 646.607: Unlawful business, trade practices.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person: (1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obligation. (2) Fails to deliver all or any portion of real estate, goods or services as promised, and at a customer’s request, fails to refund money that the customer gave to the person to purchase the undelivered real estate, goods or services and that the person does not retain pursuant to any right, claim or defense the person may assert in good faith. This subsection does not create a warranty obligation and does not apply to a dispute over the quality of real estate, goods or services delivered to a customer. (3) Violates ORS 401.965 (2). (4) Violates a provision of ORS 646A.725 to 646A.750. (5) Violates ORS 646A.530. (6) Employs a collection practice that is unlawful under ORS 646.639. (7) Is a beneficiary that violates ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2). (8) Violates ORS 646A.093. (9) Violates a provision of ORS 646A.600 to 646A.628. (10) Violates ORS 646A.808 (2). (11) Violates ORS 336.184. (12) Publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation. (13) Violates ORS 646A.813 (2). (14) Violates ORS 137.930 (1). [1977 c.195 §4; 1979 c.505 §1; 2003 c.759 §§9,10; 2007 c.223 §6; 2008 c.19 §16; 2008 c.31 §4; 2009 c.60 §1; 2013 c.304 §13; 2013 c.433 §2; 2015 c.128 §2; 2015 c.357 §4; 2015 c.528 §3; 2017 c.145 §1; 2019 c.193 §2; 2021 c.305 §2; 2021 c.486 §5; 2021 c.305 §3]
Administrative rules citing this section
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
This rule cites
- ORS 401.965 — resolved
- ORS 646.639 — resolved
- ORS 86.726 — resolved
- ORS 336.184 — resolved
- ORS 137.930 — resolved
Cited by
- ORS 86.741: Attorney General duties and powers; payments; rules.
- ORS 137.930: Criminal history data provider requirements.
- ORS 336.184: Oregon Student Information Protection Act; definitions; prohibitions; exemptions.
- ORS 401.970: Applicability of remedies.
- ORS 646.553: Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules.
- ORS 646.608: Additional unlawful business, trade practices; proof; rules.
- ORS 646.612: Application of ORS 646.607 and 646.608.
- ORS 646.618: Investigative demand; petition to modify.
- ORS 646.633: Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services.
- ORS 646.636: Remedial power of court.
- ORS 646.642: Civil penalties.
- OAR 441-446-0300: Violations
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors646.html