(2) A person making automatic renewal or continuous service offers shall provide a toll-free telephone number, electronic mail address, a post-office address only when the person directly bills the consumer, or another cost-effective, timely and easy-to-use mechanism for cancellation that must be described in the acknowledgment required by subsection (1)(c) of this section.
(3) In the case of a material change in the terms of the automatic renewal or continuous service offer that has been accepted by a consumer, the person shall provide the consumer with a clear and conspicuous notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer.
(4) The requirements of this section must be met prior to the completion of the initial order for the automatic renewal or continuous service, except as follows:
(a) The requirement in subsection (1)(c) of this section may be fulfilled after completion of the initial order.
(b) The requirement in subsection (3) of this section must be fulfilled prior to implementation of the material change.
(c) The requirements in subsection (1)(a) and (c) of this section may be fulfilled in the initial billing statement or invoice provided to the consumer when the person directly bills the consumer.
(5) In the event a person sends goods, wares, merchandise or products to a consumer under a continuous service agreement or pursuant to an automatic renewal of a purchase without first obtaining the consumer’s affirmative consent as required in subsection (1) of this section, the goods, wares, merchandise or products shall for all purposes be deemed an unconditional gift to the consumer who may use or dispose of them in any manner the consumer sees fit without any obligation to the person including, but not limited to, requiring the consumer to ship, or bear the cost of shipping, any goods, wares, merchandise or products to the person.
(6) The following are exempt from the requirements of this section:
(a) A person that provides a service pursuant to a franchise issued by a political subdivision of the state or a license, franchise, certificate or other authorization issued by the Public Utility Commission of Oregon.
(b) A person that provides a service regulated by the Public Utility Commission of Oregon, the Federal Communications Commission or the Federal Energy Regulatory Commission.
(c) A person regulated by the Department of Consumer and Business Services under the Insurance Code.
(d) A bank, bank holding company, or the subsidiary or affiliate of either, or a credit union or other financial institution or trust company as those terms are defined in ORS 706.008, that is licensed under state or federal law.
(e) A person that is regulated as a service contract seller under ORS 646A.150 to 646A.172.
(f) A consumer finance company licensed under ORS chapter 725.
(g) A person that provides direct-to-home satellite services subject to regulation by the Federal Communications Commission. [2011 c.509 §3]
REPURCHASING
(Repurchase of Farm Implements by Supplier From Retailer)
646A.300 Definitions for ORS 646A.300 to 646A.322. As used in ORS 646A.300 to 646A.322:
(1) “Catalog” means a catalog published in any medium, including an electronic catalog.
(2) “Change in competitive circumstances” means an event, act or omission that has a material detrimental effect on a retailer’s ability to compete with another retailer that sells the same brand of farm implements.
(3) “Current model” means a model that is listed in the supplier’s current sales manual or any supplements to the manual.
(4) “Current net price” means:
(a) The price of parts or farm implements that are listed in a supplier’s price list or catalog that is in effect at the time a contract is canceled or discontinued, less any applicable trade, volume or cash discounts, or at the time that a retailer made a warranty claim.
(b) The price listed for superseded parts in a supplier’s price list or catalog at the time a retailer purchased the parts.
(5) “Current signs” means principal outdoor signs that:
(a) A supplier requires a retailer to obtain;
(b) Identify the supplier; and
(c) Identify the retailer as representing the supplier or the supplier’s farm implements or machinery.
(6) “Dealership” means a location from which a retailer buys, sells, leases, trades, stores, takes on consignment or in any other manner deals in farm implements.
(7) “Distributor” means a person who sells or distributes new farm implements to a retailer.
(8) “Farm implements” means:
(a) Any vehicle designed or adapted and used exclusively for agricultural operations and only incidentally operated or used upon the highways;
(b) Auxiliary items, such as trailers, used with vehicles designed or adapted for agricultural operations;
(c) Other consumer products used for agricultural purposes, including lawn and garden equipment powered by an engine, that a supplier supplies to a retailer under a retailer agreement;
(d) Attachments and accessories used in planting, cultivating, irrigating, harvesting and marketing agricultural, horticultural or livestock products; and
(e) Outdoor power equipment, including, but not limited to, self-propelled equipment used to maintain lawns and gardens or used in landscape, turf or golf course maintenance.
(9) “F.O.B.” has the meaning given that term in ORS 72.3190.
(10) “Inventory” means farm implements, machinery and repair parts.
(11) “Manufacturer” means a person that manufactures or assembles new or unused farm implements.
(12) “Net cost” means the price a retailer actually paid a supplier for merchandise.
(13) “Retailer” means any person that engages in the business of retailing farm implements, machinery or repair parts in this state.
(14) “Retailer agreement” means an agreement between a supplier and a retailer that provides for the rights and obligations of the supplier and retailer with respect to selling or purchasing farm implements.
(15) “Specialized tool” means a tool that:
(a) A supplier requires a retailer to obtain; and
(b) Is uniquely suited for the purpose of diagnosing or repairing the supplier’s farm implements or machinery.
(16) “Supplier” means:
(a) A wholesaler, manufacturer, manufacturer’s representative or distributor.
(b) A successor in interest of a manufacturer, manufacturer’s representative or distributor, including, but not limited to:
(A) A purchaser of assets or shares of stock;
(B) A corporation or entity that results from a merger, liquidation or reorganization; or
(C) A receiver or trustee.
(c) The assignee of a supplier.
(17) “Warranty claim” means a claim for payment that a retailer submits to a supplier for service or parts the retailer provided to a customer under a warranty that the supplier issued. [Formerly 646.415; 2015 c.563 §1]
646A.302 Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier. The obligations of a supplier under ORS 646A.300 to 646A.322 apply to the supplier’s successor in interest or assignee. A successor in interest includes a purchaser of assets or shares, a surviving corporation or other entity resulting from a merger or liquidation, a receiver and a trustee of the original supplier. [Formerly 646.419]
646A.304 Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement. (1) If a retailer agreement is terminated, canceled or discontinued, unless the retailer elects to keep the farm implements, machinery and repair parts under a contractual right to do so, the supplier shall pay the retailer for the farm implements, machinery and repair parts or, if the retailer owes any sums to the supplier, credit the cost of the farm implements, machinery and repair parts to the retailer’s account. The payment or credit shall be as follows:
(a) The payment or the credit for the unused complete farm implements and machinery in new condition shall be in a sum equal to 100 percent of the net cost of all complete farm implements and machinery that are current models and that have been purchased by the retailer from the supplier within the 24 months immediately preceding notice of intent to cancel or discontinue the retailer agreement. The payment or credit shall include the transportation charges to the retailer and from the retailer to the supplier, if the charges have been paid by the retailer or invoiced to the retailer’s account by the supplier, and a reasonable reimbursement for services performed in connection with assembly or predelivery inspection of the implements or machinery. The supplier assumes ownership of the farm implements and machinery F.O.B. the dealership.
(b) The payment or credit for equipment used for demonstration or rental and that is in new condition shall equal the depreciated value of the equipment to which the supplier and retailer have agreed.
(c)(A) The payment or credit for repair parts shall be a sum equal to 95 percent of the current net prices of the repair parts, including superseded parts, plus the charges for transportation from the retailer to the destination designated by the supplier that the retailer paid or the supplier invoiced to the retailer’s account. The supplier assumes ownership of the repair parts F.O.B. the dealership.
(B) This paragraph applies to parts purchased by the retailer from the supplier and held by the retailer on or after the date of the cancellation or discontinuance of the retailer agreement.
(C) This paragraph does not apply to repair parts that:
(i) The supplier identified as not returnable when the retailer ordered the parts.
(ii) The retailer purchased in a set of multiple parts, unless the set is complete and in resalable condition.
(iii) The retailer failed to return after being offered a reasonable opportunity to return the repair part at a price not less than 100 percent of the net price of the repair part as listed in the then current price list or catalog.
(iv) Have a limited storage life or are otherwise subject to deterioration, including but not limited to rubber items, gaskets and batteries and repair parts in broken or damaged packages.
(v) Are single repair parts priced as a set of two or more items.
(vi) Are not resalable as new parts without new packaging or reconditioning because of their condition.
(D) The supplier shall also pay the retailer or credit to the retailer’s account a sum equal to five percent of the current net price of all parts returned for the handling, packing and loading of the parts, unless the supplier elects to list the inventory and perform packing and loading of the parts itself.
(d) Upon the payment or allowance of credit to the retailer’s account of the sum under this subsection, the title to the farm implements, farm machinery or repair parts shall pass to the supplier making the payment or allowing the credit and the supplier shall be entitled to the possession of the farm implements, machinery or repair parts.
(2)(a) If a retailer agreement is terminated, canceled or discontinued, the supplier shall, upon request of the retailer, pay the retailer for:
(A) Computer and communications hardware that:
(i) The supplier required the retailer to purchase within the preceding five years; and
(ii) The retailer possesses on the date of the agreement’s termination, cancellation or discontinuation.
(B) Computer software that:
(i) The supplier required the retailer to purchase from the supplier; and
(ii) The retailer used exclusively to support the retailer’s dealings with the supplier.
(b) If the retailer owes any sums to the supplier, the supplier may credit the cost of the hardware and software to the retailer’s account.
(c) The payment or credit shall be the net cost of the hardware and software, less 20 percent per year that the retailer possessed the hardware and software.
(d) This subsection does not apply if the retailer exercises a contractual right to keep the hardware or software.
(3)(a) If a retailer agreement is terminated, canceled or discontinued, the supplier shall pay the retailer for the retailer’s specialized tools.
(b) If the retailer owes any sums to the supplier, the supplier may credit the cost of the specialized tools to the retailer’s account.
(c)(A) If a tool is new and unused and used for the supplier’s current models, the payment or credit shall be the net cost of the tool.
(B) If a tool is not new and unused and used for the supplier’s current models, the payment or credit shall be the net cost of the tool, less 20 percent per year that the retailer possessed the tool.
(4)(a) If a retailer agreement is terminated, canceled or discontinued, the supplier shall pay the retailer for the retailer’s current signs.
(b) If the retailer owes any sums to the supplier, the supplier may credit the cost of the signs to the retailer’s account.
(c) The payment or credit shall be the net cost of the sign, less 20 percent per year that the retailer possessed the sign.
(5) A supplier shall provide all payments or allowances due under this section within 90 calendar days of the retailer’s return of the farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs. A supplier who does not provide a payment or allowance within 90 calendar days of the retailer’s return of the farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs shall pay the retailer interest of 18 percent per annum on the past due amount until paid.
(6) This section supplements any retailer agreement between the retailer and the supplier covering the return of farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs. The retailer may elect to pursue either the retailer’s remedy under the retailer agreement or the remedy provided under this section. An election by the retailer to pursue the remedy under the retailer agreement does not bar the retailer’s right to the remedy provided under this section as to those farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs not affected by the retailer agreement. This section does not affect the right of a supplier to charge back to the retailer’s account amounts previously paid or credited as a discount incident to the retailer’s purchase of goods.
(7) This section does not apply to farm implements, machinery, repair parts, computer and communications hardware, computer software, specialized tools or current signs that a retailer acquired from a source other than the supplier. [Formerly 646.425]
646A.306 Repurchase of inventory by supplier; effect of new retailer agreement. (1) A supplier shall repurchase the inventory of a retailer, as if the supplier had terminated the retailer agreement, as follows:
(a) Upon the death of a retailer whose business is owned as a tenancy by the entirety, at the option of the spouse or the heir or heirs of the retailer.
(b) Upon the death of a stockholder of a corporation operating as a retailer, at the option of the heir or heirs of the stockholder and upon the consent of the board of directors.
(2) The surviving spouse or the heir or heirs may exercise the option under this section not later than one year from the date of the death of the retailer or the stockholder.
(3) Nothing in ORS 646A.300 to 646A.322 requires the repurchase of inventory by the supplier:
(a) If the supplier and the corporation acting as a retailer enter into a new retailer agreement to operate the retail dealership.
(b) If the supplier and the surviving spouse or the heir or heirs of the retailer enter into a new retailer agreement to operate the retail dealership. [Formerly 646.435]
646A.308 Civil action for supplier’s failure to pay; venue. (1) If, upon the cancellation of a retailer agreement by the retailer or the supplier, the supplier fails to make payment as required by ORS 646A.304 or 646A.306, the supplier shall be liable in a civil action to be brought by the retailer or by the retailer’s spouse, heir or heirs for the payments required under ORS 646A.304 or 646A.306.
(2) A person who brings an action under this section must commence the action in the county in which the principal place of business of the retailer is located. [Formerly 646.445]
646A.310 Prohibited conduct by supplier. (1) A supplier may not:
(a) Coerce or compel any retailer to:
(A) Order any farm implements or parts.
(B) Accept delivery of farm implements with special features or accessories not included in the base list price of the farm implements as publicly advertised by the supplier.
(C) Enter into any agreement, whether written or oral, supplementary to an existing retailer agreement with the supplier, unless the supplementary agreement or amendment to the agreement is applicable to all other similarly situated retailers in the state.
(b) Refuse to deliver in reasonable quantities and within a reasonable time after receipt of the retailer’s order, to any retailer having a retailer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the retailer agreement represented by the supplier to be available for immediate delivery.
(c) Require:
(A) As a condition of renewal or extension of a retailer agreement that the retailer complete substantial renovation of the retailer’s place of business, or acquire new or additional space to serve as the retailer’s place of business, unless the supplier provides at least one year’s written notice of the condition which states all grounds supporting the condition.
(B) A retailer to complete a renovation or acquisition in less than a reasonable time.
(C) A retailer to waive a right to bring an action to enforce the provisions of ORS 646A.300 to 646A.322.
(d) Discriminate among similarly situated retailers in this state with respect to the prices charged for equipment of like grade and quality sold to them by the supplier.
(e) Unreasonably withhold consent for a retailer to change the capital structure of the retailer’s business or the means by which the retailer finances the business.
(f) Prevent or attempt to prevent any retailer or any officer, member, partner or stockholder of any retailer from selling or transferring any interest to any other party or parties.
(g) Require a retailer to assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by ORS 646A.300 to 646A.322.
(h) Withhold consent to a transfer of an interest in a dealership unless the retailer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support a retailer.
(i) Unreasonably withhold consent to the sale, transfer or assignment of the retailer’s interest or power of management or control in the retailer’s business.
(j) In the event of the death or incapacity of the retailer or the principal owner of the retailer’s business, unreasonably withhold consent to the transfer of the retailer’s interest in the business to a person who meets the reasonable financial, business experience and character standards of the supplier.
(2)(a) Subsection (1)(a)(A) of this section does not apply if a law requires a retailer to order farm implements or parts.
(b) Subsection (1)(a)(B) of this section does not apply if:
(A) A law requires a supplier to supply farm implements with special features;
(B) The special features or accessories are safety features; or
(C) The retailer ordered the farm implements without coercion or compulsion.
(c)(A) As used in this paragraph, “act of nature” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(B) Notwithstanding subsection (1)(b) of this section, a supplier may refuse to deliver equipment if the refusal is due to:
(i) Prudent and reasonable restrictions on extension of credit by the supplier to the retailer;
(ii) An act of nature;
(iii) A work stoppage or delay due to a strike or labor difficulty;
(iv) A bona fide shortage of materials;
(v) A freight embargo; or
(vi) Any other cause over which the supplier has no control.
(C) Subparagraph (B) of this paragraph applies only if the supplier bases delivery on ordering histories with priority given to the sequence in which the orders are received.
(d) Subsection (1)(d) of this section does not prohibit:
(A) A supplier from using differentials resulting from the differing quantities in which equipment is sold or delivered.
(B) A retailer from offering a lower price in order to meet an equally low price of a competitor or the services or facilities furnished by a competitor.
(e) Subsection (1)(e) of this section applies only if:
(A) The retailer meets the reasonable capital requirements imposed by the supplier;
(B) The retailer agreed to the capital requirements; or
(C) The change by the retailer does not result in a change of the controlling interest in the executive management or board of directors, or of any guarantors of the retailer.
(f) If a supplier does not accept a sale, transfer or assignment, the supplier shall provide written notice of the supplier’s objection and specific reasons for withholding consent.
(g) Notwithstanding subsection (1)(f) of this section, a retailer may not sell, transfer or assign the retailer’s interest or power of management or control without the written consent of the supplier.
(h) Subsection (1)(j) of this section does not apply if the retailer and supplier agreed to rights of succession.
(i) Notwithstanding subsection (1)(f), (h), (i) and (j) of this section, a supplier may withhold consent to a transfer of interest in a retailer if, with due regard to regional market conditions and distribution economies, the retailer’s area of responsibility or trade does not afford sufficient sales potential to reasonably support a retailer. [Formerly 646.447]
646A.312 Termination, cancellation or nonrenewal of retailer agreement; notice; good cause. (1) As used in this section:
(a) “Good cause” means a retailer’s:
(A) Failing to comply with a term in a retailer agreement that also appears in a retailer agreement that similarly situated retailers have with the same supplier, including a term that requires the retailer to meet marketing criteria;
(B) Transferring a controlling ownership interest in the retailer’s business without the supplier’s consent;
(C) Making a material misrepresentation or falsification of a record, contract, report or other document that the retailer has submitted to the supplier;
(D) Filing a voluntary petition in bankruptcy;
(E) Being placed involuntarily in bankruptcy and not discharging the bankruptcy within 60 days after the filing;
(F) Becoming insolvent;
(G) Being placed in a receivership;
(H) Pleading guilty to, being convicted of or being imprisoned for a felony;
(I) Failing to operate in the normal course of business for seven consecutive business days or terminating business;
(J) Relocating or establishing a new or additional place or places of business without the supplier’s consent;
(K) Failing to satisfy a payment obligation as the payment obligation comes due and payable to the supplier;
(L) Failing to promptly account to the supplier for any proceeds from selling farm implements or otherwise failing to hold the proceeds in trust for the benefit of the supplier;
(M) Consistently engaging in business practices that are detrimental to the consumer or supplier, including, but not limited to, excessive pricing, misleading advertising or failing to provide service and replacement parts or to perform warranty obligations;
(N) Inadequately representing the supplier, causing lack of performance in sales, service or warranty areas, and failing to achieve satisfactory market penetration at levels that are consistent with similarly situated retailers based on available documented information;
(O) Consistently failing to meet building and housekeeping requirements; or
(P) Consistently failing to comply with the licensing laws that apply to the supplier’s products and services.
(b) “Similarly situated retailer” means a retailer that:
(A) Is in a similar geographic area;
(B) Has similar sales volumes; and
(C) Is in a similar market for farm implements, machinery and repair parts.
(2)(a) A supplier that has a basis for asserting good cause may, directly or through an officer, agent or employee, terminate, cancel or not renew a retailer agreement or may cause a change in competitive circumstances for a retailer. Except as provided in subsections (3) and (4) of this section, a termination, cancellation, nonrenewal or change in competitive circumstances becomes effective upon notice to the retailer. The notice must state the reasons that constitute good cause for the termination, cancellation, nonrenewal or change in competitive circumstances.
(b) A provision or allowance in a retailer agreement for an event, act or omission may be considered but does not control whether the event, act or omission resulted in a change in competitive circumstances.
(3)(a) If a supplier’s basis for asserting good cause is a retailer’s failure under subsection (1)(a)(A) of this section, other than a failure to meet marketing criteria, the supplier shall give the retailer 90 calendar days’ written notice of the supplier’s intent to terminate, cancel or not renew the retailer agreement or to cause a change in competitive circumstances for the retailer.
(b) The notice described in paragraph (a) of this subsection must:
(A) State the supplier’s reasons for terminating, canceling or not renewing the retailer agreement or for causing a change in competitive circumstances for the retailer; and
(B) Provide that the retailer has 60 calendar days in which to cure a claimed deficiency.
(c) If the retailer cures the deficiency within 60 calendar days, the notice is void.
(d) If the retailer fails to cure the deficiency within 60 calendar days, the termination, cancellation, nonrenewal or change in competitive circumstances becomes effective on the date specified in the notice.
(4)(a) If a supplier’s basis for asserting good cause is a retailer’s failure to meet marketing criteria under subsection (1)(a)(A) of this section or a provision of subsection (1)(a)(N) of this section, the supplier shall give the retailer 18 months’ written notice of the supplier’s intent to terminate, cancel or not renew the retailer agreement or to cause a change in competitive circumstances for the retailer.
(b) The notice described in paragraph (a) of this subsection must:
(A) State the supplier’s reasons for terminating, canceling or not renewing the retailer agreement or for causing a change in competitive circumstances for the retailer; and
(B) Provide that the retailer has one year in which to cure a claimed deficiency.
(c) If the retailer cures the claimed deficiency within one year, the notice is void.
(d) If the retailer fails to cure the claimed deficiency within one year, the termination, cancellation, nonrenewal or change in competitive circumstances becomes effective on the date specified in the notice. [Formerly 646.449; 2015 c.563 §2]
646A.314 New or relocated dealership; notice; area of responsibility. (1) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement assigns an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealership within an assigned area of responsibility that is within or contiguous to the area of the new or relocated retailer or dealership.
(2) If a supplier enters into an agreement to establish a new retailer or dealership or to relocate a retailer or dealership, and the agreement does not assign an area of responsibility, the supplier must give written notice of the agreement by certified mail to any retailer or dealership within a 75-mile radius of the new or relocated retailer or dealership.
(3) A notice required by this section shall contain:
(a) The new location of the retailer or dealership;
(b) The date that the retailer or dealership will commence business at the new location; and
(c)(A) If the agreement assigns an area of responsibility, the name and address of retailers and dealerships with assigned areas of responsibility that are within or contiguous to the area of the new or relocated retailer or dealership; or
(B) If the agreement does not assign an area of responsibility, the name and address of retailers and dealerships within a 75-mile radius of the new or relocated retailer or dealership. [Formerly 646.452]
646A.316 Warranty claims; payment; time for completion. Unless otherwise agreed:
(1) On a warranty claim, a supplier shall provide reasonable compensation for the retailer’s costs, including but not limited to:
(a) Diagnostic services;
(b) Repair services;
(c) Repair parts; and
(d) Labor.
(2) For labor on warranty service, a supplier may not pay a retailer an hourly rate that is less than the rate that the retailer charges for nonwarranty service.
(3) For repair parts on warranty service, a supplier may not pay a retailer less than the amount that the retailer paid for the parts plus a reasonable allowance for the shipping and handling of the parts.
(4) A supplier must allow a reasonable time for a retailer to complete warranty service. [Formerly 646.453; 2009 c.11 §82]
646A.318 Warranty claims; processing. (1) A supplier shall approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim.
(2) If a supplier does not approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim, the supplier shall pay the claim within 60 calendar days of receipt of the claim.
(3) A supplier that approves a warranty claim shall pay the claim within 30 calendar days of the claim’s approval.
(4) A supplier that disapproves a warranty claim shall, in the writing required by subsection (1) of this section, notify the retailer of the reasons for the disapproval.
(5) If a supplier disapproves a warranty claim because the retailer failed to comply with procedures for submitting the claim prescribed by the retailer agreement, the retailer may resubmit the claim within 30 calendar days of the retailer’s receipt of the supplier’s disapproval.
(6) A supplier may not disapprove a warranty claim as untimely if the claim covers service or parts provided while a retailer agreement was in effect.
(7)(a) For one year after payment of a warranty claim, the supplier may audit records that support the claim.
(b) A supplier may not audit a record that supports a claim more than one year after paying the claim unless an audit has disclosed that the retailer submitted a false claim.
(c) A supplier may:
(A) Adjust a claim paid in error;
(B) Require a retailer to return payment made on a false claim; and
(C) If the retailer owes an amount to the supplier, credit the amount of a claim to the retailer’s account. [Formerly 646.454]
646A.320 Retailer’s improvements to products. Unless otherwise agreed:
(1) If a supplier requires a retailer to improve the safety of farm implements or machinery, the supplier shall reimburse the retailer for the costs of parts, labor and transportation that the retailer incurred to make the improvement.
(2) If a supplier requires a retailer to improve farm implements or machinery for reasons other than safety, the supplier shall reimburse the retailer for the costs of parts and labor that the retailer incurred to make the improvement.
(3) For labor to improve farm implements or machinery, a supplier may not pay a retailer an hourly rate that is less than rate that the retailer charges for like services.
(4) For parts to improve farm implements or machinery, a supplier may not pay a retailer less than the amount that the retailer paid for the parts plus a reasonable allowance for the shipping and handling of the parts. [Formerly 646.456]
646A.322 Remedies; arbitration; cause of action; attorney fees; injunctive relief. (1)(a) A party to a retailer agreement that is aggrieved by the conduct of another party to the agreement under ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320 may seek arbitration of the issues under ORS 36.600 to 36.740. Unless the parties agree to different arbitration rules, the arbitration must be conducted pursuant to the commercial arbitration rules of the American Arbitration Association. If the parties agree, the arbitration is the parties’ only remedy and the findings and conclusions of the arbitrator or panel of arbitrators are binding upon the parties.
(b) The arbitrator or arbitrators may award the prevailing party:
(A) The costs of witness fees and other fees in the case;
(B) Reasonable attorney fees; and
(C) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.
(2) Notwithstanding subsection (1) of this section, a retailer has a civil cause of action in circuit court against a supplier for damages sustained by the retailer as a consequence of the supplier’s violation of ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320, together with:
(a) The actual costs of the action;
(b) Reasonable attorney fees; and
(c) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.
(3) A supplier bears the burden of proving that a retailer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support the retailer. The supplier’s proof must be in writing.
(4) The remedies set forth in this section are not exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section. [Formerly 646.459; 2015 c.563 §3]
(Repurchase of Motor Vehicles)
646A.325 Repurchase of motor vehicle by manufacturer; notice to dealer; contents of notice; notice to prospective buyer. (1) The manufacturer of a motor vehicle who repurchases the vehicle for any reason shall inform any vehicle dealer to whom the manufacturer subsequently delivers the vehicle for resale that the vehicle has been repurchased by the manufacturer. If the reason for the repurchase was failure or inability to conform the vehicle to express warranties under the provisions of ORS 646A.400 to 646A.418 or any similar law of another jurisdiction, the manufacturer shall also inform the dealer of that fact.
(2) A dealer who has been given information required by subsection (1) of this section shall give the information, in writing, to any prospective buyer of the vehicle.
(3) An owner of a motor vehicle who has been given information as required by subsection (1) or (2) of this section shall give the information, in writing, to any prospective buyer of the vehicle.
(4) As used in this section and ORS 646A.327, “motor vehicle” has the meaning given in ORS 646A.400. [Formerly 646.874]
646A.327 Attorney fees for action under ORS 646A.325. The court may award reasonable attorney fees to the prevailing party in an action against a person who has a duty to disclose information under ORS 646A.325. [Formerly 646.876]
MAILINGS AND DELIVERIES
(Mail Agents)
646A.340 Definitions for ORS 646A.340 to 646A.348. As used in ORS 646A.340 to 646A.348:
(1) “Mail agent” means any person, sole proprietorship, partnership, corporation or other entity who owns, manages, rents or operates one or more mailboxes, as defined in this section, for receipt of United States mail or materials received from or delivered by a private express carrier, for any person, sole proprietorship, partnership, corporation or other entity not the mail agent.
(2) “Mailbox” means any physical location or receptacle where United States mail or materials received from or delivered by a private express carrier are received, stored or sorted, including letter boxes.
(3) “Tenant” means any person, sole proprietorship, partnership, corporation or other entity who contracts with or otherwise causes a mail agent to receive, store, sort, hold or forward any United States mail or materials received from or delivered by any private express carrier on the tenant’s behalf. [Formerly 646.221]
646A.342 Prohibited conduct; required verifications and notice. (1) A mail agent shall not contract with a tenant to receive United States mail or materials received from or delivered by a private express carrier on the tenant’s behalf if the mail agent knows or should know that the tenant has provided a false name, title or address to the mail agent.
(2) Prior to contracting with a tenant to receive United States mail or materials received from or delivered by a private express carrier on the tenant’s behalf, the mail agent shall independently verify:
(a) The identity of the tenant.
(b) The residence address of the tenant if the tenant is an individual or the business address of the tenant if the tenant is a business entity.
(c) In the case of a corporation, that the corporation is authorized to do business in this state.
(d) In the case of an entity using an assumed business name, that the name has been registered for use in the State of Oregon.
(3) The mail agent shall accept mail or materials received from or delivered by a private express carrier on behalf of the tenant only if the mail is, or the materials received from or delivered by a private express carrier are addressed to the tenant. The mail agent shall not deposit United States mail or materials received from or delivered by a private express carrier in any mailbox unless the addressee has rented a mailbox from the mail agent.
(4) Whenever a mail agent has reason to believe that a tenant is using a mailbox to escape identification, the mail agent shall immediately notify the Attorney General and the United States Postal Inspector. [Formerly 646.225]
646A.344 Bond or letter of credit; action; exceptions. (1) Except as provided in subsection (5) of this section, a mail agent shall maintain:
(a) A surety bond in the sum of $10,000 executed by the mail agent as obligor, together with a surety company authorized to do business in this state as surety; or
(b) An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in the amount of $10,000.
(2) The bond or letter of credit must:
(a) Be executed to the State of Oregon and for the use of the state and of any person who may have a cause of action against the obligor of the bond or the letter of credit for a violation of ORS 646A.342 or for damages under ORS 646A.346.
(b) Provide that the obligor will comply with ORS 646A.342 and will pay to the state and to any person the moneys that may become due or owing to the state or to the person from the obligor for a violation of ORS 646A.342.
(3) The Attorney General shall approve the form of the bond or letter of credit.
(4) If a person recovers a judgment against a mail agent for a violation of ORS 646A.342 and execution issued upon the judgment is returned unsatisfied in whole or in part, the person may maintain an action upon the bond or letter of credit.
(5) Subsection (1) of this section does not apply to a mail agent whose activity as a mail agent consists solely of receiving, storing, sorting, holding or forwarding United States mail or materials received from or delivered by a private express carrier for tenants of the mail agent if:
(a) The tenant is also renting or leasing from the mail agent an office, store, residential unit or other space or unit intended for human occupancy, and the space or unit is located on the same premises as the mailbox; and
(b) The mail agent services that the mail agent is providing to the tenant are incidental to and a part of the landlord-tenant relationship that exists between the mail agent and the tenant with respect to the leased space or unit. [Formerly 646.229]
646A.346 Damages. Upon proof by a preponderance of evidence that a mail agent has failed to satisfy any of the mail agent’s duties set forth in ORS 646A.342, the mail agent shall be liable for actual damages caused to any person who sent United States mail or materials received from or delivered by a private express carrier addressed to a fictitious person at any tenant’s mailbox and who is damaged because the person who sent the United States mail or materials received from or delivered by a private express carrier is unable to identify the tenant. A mail agent’s liability under this section shall not exceed $1,000 per occurrence. [Formerly 646.235]
646A.348 Action by Attorney General; civil penalty; injunction; damages; attorney fees and costs. (1) The Attorney General may bring an action in the name of the state against any mail agent for violation of ORS 646A.342 or 646A.344. Upon proof by a preponderance of the evidence of a violation of ORS 646A.342 or 646A.344, a mail agent shall forfeit and pay a civil penalty of not more than $1,000 for an initial violation. For a second or subsequent violation, the mail agent shall forfeit and pay a civil penalty of not more than $5,000 for each violation.
(2) The Attorney General may bring an action in the name of the state against any mail agent or other person or entity to restrain or prevent any violation of ORS 646A.342 or 646A.344.
(3) The Attorney General may bring an action on behalf of a person to obtain the damages caused to the person by a mail agent’s violation of ORS 646A.342 or 646A.344.
(4) The court may award reasonable attorney fees and costs of investigation, preparation and litigation to the Attorney General if the Attorney General prevails in an action under this section. The court may award reasonable attorney fees and costs of investigation, preparation and litigation to a defendant who prevails in an action under this section if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [Formerly 646.240]
(Delivery of Hazardous Materials)
646A.350 Delivery of unrequested hazardous substances prohibited. No person shall deliver, or cause to be delivered, any hazardous substance, as defined in ORS 453.005 (7), to any residential premises without the prior consent of any occupant of such premises. [Formerly 646.870]
646A.352 Penalty. Violation of ORS 646A.350 is a Class A misdemeanor. [Formerly 646.992]
(Other Mailings or Deliveries)
646A.360 Unsolicited facsimile machine transmissions. (1) If a person receives on a facsimile machine any unsolicited and unwanted advertising material for the sale of any realty, goods or services, the person may give the sender of such material written notice to discontinue further such transmissions. No person who has received such a discontinuance notice shall use a facsimile machine to transmit unsolicited advertising material for the sale of realty, goods or services to the person who gave the discontinuance notice for a period of one calendar year from the date the notice was given.
(2) As used in this section, “facsimile machine” means a machine that electronically transmits or receives facsimiles of documents through connection with a telephone network. [Formerly 646.872]
646A.362 Exclusion of name from sweepstakes promotion mailing list; written request; rules. (1) As used in this section:
(a) “Exclusion request” means a written request to be excluded from a sweepstakes promotion mailing list or to be placed on a list of persons to whom sweepstakes promotions may not be mailed.
(b) “Sweepstakes promotion” has the meaning given that term in ORS 124.005.
(2) Any person who receives a sweepstakes promotion, or a combination of sweepstakes promotions from the same service, in the United States mail, regardless of the identities of the originators of the sweepstakes promotion, may send a written exclusion request to the originator of any sweepstakes promotion.
(3) The exclusion request shall be mailed to the address to which the recipient 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 an exclusion request.
(4) An originator of a sweepstakes promotion who receives an exclusion request shall exclude the requestor’s name from the originator’s sweepstakes promotion mailing list or shall place the requestor’s name on a list of persons to whom sweepstakes promotions may not be mailed.
(5) The Attorney General shall adopt rules necessary to implement this section.
(6) It is an affirmative defense to a claim or charge of violating subsection (4) of this section that the originator of the sweepstakes promotion had, at the time of the violation, implemented reasonable practices or procedures for preventing a violation. [Formerly 646.879]
646A.365 Check, draft or payment instrument creating obligation for payment. A person may not mail or cause to be sent a check, draft or other payment instrument that, when deposited or cashed, obligates the depositor or payee thereafter to make any payment. This section does not apply to an extension of credit or an offer to lend money. [2007 c.304 §1]
AUTOMATIC DIALING AND ANNOUNCING DEVICES
646A.370 Definitions for ORS 646A.370 to 646A.374. As used in ORS 646A.370 to 646A.374:
(1) “Automatic dialing and announcing device” means an automated device that selects and dials telephone numbers and that, working alone or in conjunction with another device, disseminates a prerecorded or synthesized voice message to the telephone number that the device calls.
(2) “Call” means an attempt made to contact or a contact made with a subscriber by means of a telephone or telephone line.
(3) “Caller” means a person that attempts to contact or that contacts a subscriber by using a telephone or telephone line.
(4) “Caller identification service” means a telephone service that permits subscribers to see a caller’s telephone number before answering the telephone.
(5) “Debt buyer” means a person that engages in the business of purchasing delinquent or charged-off debt for the purpose of collecting the debt.
(6) “Established business relationship” means a previous transaction or series of transactions between a caller and a subscriber that occurred within the 18 months preceding a call.
(7) “Subscriber” means an individual who has obtained residential or wireless telephone services from a telecommunications provider, or a person who resides with the individual. [2007 c.823 §1; 2015 c.561 §1]
646A.372 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, a debt buyer or a debt collector, as defined in ORS 646.639;
(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, a debt buyer or a debt collector, as defined in ORS 646.639;
(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]
646A.374 Prohibited actions. (1) A caller who uses an automatic dialing and announcing device in order to call a subscriber may not misrepresent or falsify, either in speaking with the subscriber or in the prerecorded or synthesized voice message disseminated during the call:
(a) The caller’s identity and the identity of any person on behalf of whom the caller is making the call;
(b) The telephone number from which the caller is making the call;
(c) The location from which the caller is making the call; or
(d) The purpose for which the caller is making the call.
(2) A caller may not intentionally alter, misrepresent or falsify the information that a caller identification service would ordinarily provide to a subscriber who uses such a service.
(3) A person who provides a caller identification service is not subject to civil liability for a caller’s violation of this section. [2007 c.823 §3]
646A.376 Enforcement; civil penalty. Violation of ORS 646A.372 or 646A.374 is an unlawful trade practice that is subject to investigation under ORS 646.618 and is subject to enforcement under ORS 646.632. Notwithstanding the provisions of ORS 646.642, a civil penalty imposed for a violation of ORS 646A.372 or 646A.374 may not exceed $5,000. [2007 c.823 §4; 2015 c.561 §3]
WARRANTY REGULATION AND ENFORCEMENT
(Enforcement of Express Warranties on New Motor Vehicles)
646A.400 Definitions for ORS 646A.400 to 646A.418. As used in ORS 646A.400 to 646A.418:
(1) “Collateral charge” means a charge, fee or cost to the consumer related to the sale or lease of a motor vehicle, such as:
(a) A sales, property or use tax;
(b) A license, registration or title fee;
(c) A finance charge;
(d) A prepayment penalty;
(e) A charge for undercoating, rust-proofing or factory or dealer installed options; and
(f) The cost of an aftermarket item purchased within 20 days after delivery of the motor vehicle.
(2) “Consumer” means:
(a) The purchaser or lessee, other than for purposes of resale, of a new motor vehicle normally used for personal, family or household purposes;
(b) Any person to whom a new motor vehicle used for personal, family or household purposes is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle; and
(c) Any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
(3)(a) “Motor home” means a motor vehicle that is a new or demonstrator vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab or van that becomes an integral part of the completed vehicle, and that is designed to provide temporary living quarters for recreational, camping or travel use.
(b) “Motor home” does not include a trailer, camper, van or vehicle manufactured by an entity that primarily manufactures motor vehicles other than motor homes as defined in this subsection.
(c) “Motor home” does not include “living facility components,” which means those items designed, used or maintained primarily for the living quarters portion of the motor home, including but not limited to the flooring, plumbing fixtures, appliances, water heater, fabrics, door and furniture hardware, lighting fixtures, generators, roof heating and air conditioning units, cabinets, countertops, furniture and audio-visual equipment.
(4) “Motor vehicle” means a passenger motor vehicle as defined in ORS 801.360 that is purchased in this state or is purchased outside this state but registered in this state. [Formerly 646.315; 2009 c.448 §1]
646A.402 Availability of remedy. The remedy under the provisions of ORS 646A.400 to 646A.418 is available to a consumer if:
(1) A new motor vehicle does not conform to applicable manufacturer’s express warranties;
(2) The consumer reports each nonconformity to the manufacturer, the manufacturer’s agent or the manufacturer’s authorized dealer, for the purpose of repair or correction, during the two-year period following the date of original delivery of the motor vehicle to the consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first; and
(3) The manufacturer has received direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect. “Notification” under this subsection includes, but is not limited to, a request by the consumer for an informal dispute settlement procedure under ORS 646A.408. [Formerly 646.325; 2009 c.448 §2]
646A.404 Consumer’s remedies; manufacturer’s affirmative defenses. (1) If the manufacturer or agents or authorized dealers of the manufacturer are unable to conform the motor vehicle to an applicable manufacturer’s express warranty by repairing or correcting a defect or condition that substantially impairs the use, market value or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall:
(a) Replace the motor vehicle with a new motor vehicle; or
(b) Accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price and collateral charges paid, less a reasonable allowance for the consumer’s use of the motor vehicle. In lieu of refunding, as part of the collateral charges paid, the cost of an aftermarket item purchased within 20 days after delivery of the motor vehicle, the manufacturer may remove the aftermarket item from the motor vehicle, if the aftermarket item can be removed from the motor vehicle without damage, and return the aftermarket item to the consumer.
(2) Refunds must be made to the consumer and lienholder, if any, as the interests of the consumer and lienholder may appear.
(3)(a) As used in this section, “reasonable allowance for the consumer’s use of the motor vehicle” means:
(A) For a motor vehicle that is not a motorcycle or a motor home, an amount of money equivalent to the motor vehicle mileage as described in paragraph (b) of this subsection, multiplied by the combined amount of the cash price or lease price of the motor vehicle and the amount of any collateral charges paid by the consumer, and divided by 120,000.
(B) For a motorcycle, an amount of money equivalent to the motor vehicle mileage as described in paragraph (b) of this subsection, multiplied by the combined amount of the cash price or lease price of the motorcycle and the amount of any collateral charges paid by the consumer, and divided by 25,000.
(C) For a motor home, an amount of money equivalent to the motor vehicle mileage as described in paragraph (b) of this subsection, multiplied by the combined amount of the cash price or lease price of the motor home and the amount of any collateral charges paid by the consumer, and divided by 90,000.
(b) The motor vehicle mileage for the purposes of the calculation described in paragraph (a) of this subsection is the motor vehicle’s mileage at the time the manufacturer takes an action described in subsection (1) of this section, less 10 miles for mileage that the motor vehicle traveled during any period in which the consumer did not have use of the motor vehicle because the manufacturer or an agent or authorized dealer of the manufacturer was repairing the motor vehicle.
(4) It is an affirmative defense to a claim under ORS 646A.400 to 646A.418 that:
(a) An alleged nonconformity does not substantially impair such use, market value or safety; or
(b) A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle. [Formerly 646.335; 2009 c.448 §3]
646A.405 Manufacturer action under ORS 646A.404; request to Department of Transportation; notice to buyer; unlawful practice; rules. (1) A manufacturer that takes an action with respect to a motor vehicle under ORS 646A.404 (1)(a) or (b) shall request the Department of Transportation to:
(a) Title the motor vehicle in the manufacturer’s name; and
(b) Inscribe on the certificate of title for the motor vehicle and in the department’s records concerning the motor vehicle the notation “Lemon Law Buyback.”
(2) A person that acquires a motor vehicle in order to sell, lease or otherwise transfer the motor vehicle and that knows or should have known that the manufacturer took an action with respect to the motor vehicle under ORS 646A.404 (1)(a) or (b) or that the certificate of title for the motor vehicle is inscribed with the notation specified in subsection (1) of this section, before selling, leasing or otherwise transferring the motor vehicle shall:
(a) Provide the buyer, lessee or transferee with a notice that states:
______________________________________________________________________________
This vehicle was repurchased by its manufacturer in accordance with Oregon’s consumer warranty law because of a defect in the vehicle. The title to this vehicle has been permanently inscribed with the notation “Lemon Law Buyback.”
______________________________________________________________________________
(b) Obtain the signature of the buyer, lessee or transferee on the notice in a space provided for that purpose under a statement in which the buyer, lessee or transferee acknowledges receiving and understanding the notice.
(3) Failure to comply with the requirements of subsection (1) or (2) of this section is an unlawful practice under ORS 646.608 and a person that fails to comply with the requirements is subject to the causes of action and remedies provided in ORS 646.632 and 646.638.
(4) The Director of Transportation may adopt rules to prescribe the form and content of the notice required under this section and to require the disclosure of other information the director deems necessary to inform a buyer, lessee or transferee of the condition of a motor vehicle that is subject to the provisions of this section or information that is otherwise material to a sale, lease or transfer of the motor vehicle. [2009 c.448 §10]
646A.406 Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer. (1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable manufacturer’s express warranties if, during the two-year period following the date of original delivery of the motor vehicle to a consumer or during the period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, whichever period ends first:
(a) The manufacturer or an agent or authorized dealer of the manufacturer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the defect alleged, but the nonconformity continues to exist;
(b) The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days if the vehicle is a motor home; or
(c) The manufacturer or an agent or authorized dealer of the manufacturer has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity, but the nonconformity continues to exist.
(2) A repair or correction for purposes of subsection (1) of this section includes a repair that must take place after the expiration of the earlier of either period.
(3) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, the two-year period and the 30-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.
(4) The presumption described in subsection (1) of this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to cure the defect alleged. [Formerly 646.345; 2009 c.448 §4]
646A.408 Use of informal dispute settlement procedure as condition for remedy; binding effect on manufacturer. If a manufacturer, for the purpose of settling disputes that arise under ORS 646A.400 to 646A.418, establishes or participates in an informal dispute settlement procedure that substantially complies with the provisions of 16 C.F.R. part 703, as in effect on June 23, 2009, and causes a consumer to be notified of the procedure, ORS 646A.404 does not apply to a consumer who has not first resorted to the procedure. A decision resulting from arbitration pursuant to the informal dispute settlement procedure is binding on the manufacturer but is not binding on the consumer. [Formerly 646.355; 2009 c.448 §5]
646A.410 Informal dispute settlement procedure; recordkeeping; review by Department of Justice. A manufacturer which has established or participates in an informal dispute settlement procedure shall keep records of all cases submitted to the procedure under ORS 646A.408 and shall make the records available to the Department of Justice if the department requests them. The department may review all case records kept under this section to determine whether or not the arbitrators are complying with the provisions of ORS 646A.400 to 646A.418 in reaching their decisions. [Formerly 646.357]
646A.412 Action in court; damages if manufacturer does not act in good faith; attorney fees; expert witness fees; costs. (1) If a consumer brings an action in court under ORS 646A.400 to 646A.418 against a manufacturer and the consumer is granted one of the remedies specified in ORS 646A.404 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exceed $50,000 over and above the amount due the consumer under ORS 646A.404 (1), if the court finds that the manufacturer did not act in good faith.
(2) Except as provided in subsection (3) of this section, the court may award reasonable attorney fees, fees for expert witnesses and costs to a consumer who prevails in an appeal or action under ORS 646A.400 to 646A.418. If a court finds that a consumer brought an action under ORS 646A.400 to 646A.418 in bad faith or solely for the purposes of harassment, the court may award a prevailing manufacturer reasonable attorney fees.
(3) The court may award reasonable attorney fees, fees for expert witnesses and costs to the prevailing party in an appeal or action under ORS 646A.400 to 646A.418 that involves a motor home. [Formerly 646.359; 2009 c.448 §6]
646A.414 Limitations on actions against dealers. (1) Except as provided in ORS 646A.405, nothing in ORS 646A.400 to 646A.418 creates a cause of action by a consumer against a vehicle dealer.
(2) A manufacturer may not join a dealer as a party in a proceeding brought under ORS 646A.400 to 646A.418, nor may the manufacturer try to collect from a dealer damages assessed against the manufacturer in a proceeding brought under ORS 646A.400 to 646A.418. [Formerly 646.361; 2009 c.448 §7]
646A.416 Limitation on commencement of action. An action brought under ORS 646A.400 to 646A.418 must be commenced within one year after whichever of the following periods ends earlier:
(1) The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles;
(2) The two-year period following the date of the original delivery of the motor vehicle to the consumer; or
(3) The period that ends after an extension of time provided under ORS 646A.406 (3). [Formerly 646.365; 2009 c.448 §8]
646A.418 Remedies supplementary to existing statutory or common law remedies; election of remedies. Nothing in ORS 646A.400 to 646A.418 is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400 to 646A.418 shall not be available insofar as it would result in recovery in excess of the recovery authorized by ORS 646A.404 without proof of fault resulting in damages in excess of such recovery. [Formerly 646.375]
(Vehicle Protection Product Warranties)
646A.430 Definitions for ORS 646A.430 to 646A.450. As used in ORS 646A.430 to 646A.450:
(1) “Consumer” means a person in this state who purchases a vehicle protection product or who possesses a vehicle protection product and is entitled to enforce a warranty for the product by reason of the person’s possession.
(2) “Reimbursement insurance policy” means an insurance policy issued to a warrantor that:
(a) Reimburses the warrantor for expenses or other obligations the warrantor incurs in complying with the terms and conditions in a vehicle protection product warranty; or
(b) Pays on a warrantor’s behalf all obligations due under the terms and conditions of the warrantor’s vehicle protection product warranty.
(3) “Reimbursement insurer” means an insurer that issues a reimbursement insurance policy.
(4) “Seller” means a person engaged in the business of offering a vehicle protection product for sale to a consumer.
(5)(a) “Vehicle protection product” means:
(A) A protective chemical, substance, device, product or system that is:
(i) Designed to prevent loss or damage to a vehicle from a specific cause; and
(ii) Accompanied by a written warranty that provides that if the vehicle protection product fails to prevent a specified loss or damage, the warrantor will reimburse a consumer for specified related and incidental costs the consumer incurs as a result of the vehicle protection product’s failure to perform in accordance with the terms of the vehicle protection product warranty, if the consumer purchases a physical product that is designed or formulated to make the specified related and incidental costs less likely to occur;
(B) An alarm system;
(C) A product to mark motor vehicle body parts;
(D) A lock for a motor vehicle steering wheel, pedal or ignition;
(E) A product to etch motor vehicle windows;
(F) A kill switch for motor vehicle ignitions or fuel systems;
(G) A tracking system that uses satellites, radio or electronic means; or
(H) Other similar or related chemicals, substances, devices, products, systems or services that are designed to prevent loss or damage to a motor vehicle from a specific cause.
(b) “Vehicle protection product” does not include:
(A) A fuel or oil additive; or
(B) Other chemical products that are applied to a motor vehicle’s engine, transmission or fuel system.
(6)(a) “Warrantor” means a person that a vehicle protection product warranty names as the contractual obligor to the consumer.
(b) “Warrantor” does not include an authorized insurer that provides a warranty reimbursement insurance policy. [2007 c.685 §1; 2013 c.527 §3]
646A.432 Applicability of ORS 646A.430 to 646A.450; applicability of other law. (1) ORS 646A.430 to 646A.450 apply to vehicle protection product warranties that:
(a) Accompany vehicle protection products delivered to consumers in this state; and
(b) Require the warrantor, to the extent set forth in the warranty, to pay to the consumer expenses related to the loss of or damage to the vehicle.
(2) A vehicle protection product warranty subject to ORS 646A.430 to 646A.450 is not a service contract and is not subject to the provisions of ORS 646A.150 to 646A.172. A seller’s or warrantor’s selling or providing a warranty for a vehicle protection product in compliance with ORS 646A.430 to 646A.450 does not subject the seller or warrantor to ORS 646A.150 to 646A.172.
(3) A vehicle protection product warranty subject to ORS 646A.430 to 646A.450 is not insurance and is not subject to the provisions of the Insurance Code. A seller’s or warrantor’s selling or providing a warranty for a vehicle protection product in compliance with ORS 646A.430 to 646A.450 does not subject the seller or warrantor to the Insurance Code. [2007 c.685 §2]
646A.434 Sale of vehicle protection product; conditions and requirements. (1) A person may not offer for sale or sell a vehicle protection product that includes a vehicle protection product warranty unless, at the time of the sale, the seller or a warrantor provides to the consumer:
(a) A copy of the vehicle protection product warranty for the vehicle protection product; or
(b) A receipt for, or other written evidence of, the consumer’s purchase of the vehicle protection product.
(2) A warrantor who complies with subsection (1)(b) of this section shall provide to the consumer a copy of the vehicle protection product warranty within 30 days after the date of purchase.
(3) The vehicle protection product warranty must:
(a) Be written and printed or typed;
(b) List, either preprinted on the warranty document or, if negotiated at the time of sale, in an addition to the warranty document, the purchase price and terms of sale for the vehicle protection product;
(c) List the name, address, phone number and other available contact information for the warrantor;
(d) List, either preprinted on the warranty document or in an addition to the warranty document at the time of sale, the name of and contact information for the administrator for the vehicle protection product warranty, if any, the name of the seller and the name of the consumer, if the consumer has provided the consumer’s name to the warrantor;
(e) Specify the nature or contents of the vehicle protection product or the services included with the product and any limitations, exceptions or exclusions;
(f) Describe the procedure for making a claim under the warranty and provide an address and telephone number for submitting claims;
(g) Specify any restrictions governing the transferability or cancellation of the vehicle protection product warranty;
(h) Disclose the items for which the warrantor will pay incidental expenses, along with any formula the warrantor uses to calculate the expenses, or provide for a fixed sum for payment of incidental expenses;
(i) State the consumer’s duties, including any duty to protect against further damage to the vehicle and any requirement to follow the warranty’s instructions;
(j) State that a reimbursement insurance policy guarantees the obligations to the consumer set forth in the warranty;
(k) List the name and address and other available contact information for the reimbursement insurer and state that if the warrantor does not provide a covered service within 60 days after the date the consumer provides proof of loss or damage, the consumer may apply directly to the reimbursement insurer for reimbursement;
(L) List the name, mailing address and telephone number for the Department of Consumer and Business Services and state that the consumer may address unresolved complaints concerning a warrantor or questions concerning the regulation of a warrantor to the department; and
(m) State that the vehicle protection product warranty is a product warranty and not insurance. [2007 c.685 §3]
646A.436 Warrantor registration; requirements; expiration; fees; rules. (1) A person may not conduct business as a warrantor in this state or make a representation that the person is a warrantor in this state unless the person registers in writing with the Director of the Department of Consumer and Business Services in a form the director prescribes by rule. For purposes of this section, a person who offers for sale or sells a vehicle protection product but does not offer a warranty with the product or is not contractually obligated to any performance under the terms and conditions of a warranty that accompanies the product is not a warrantor subject to this section.
(2) A registration form submitted to the director under this section shall contain the following information:
(a) The warrantor’s name and telephone number and the address of the warrantor’s principal office;
(b) The name, address and telephone number of the warrantor’s agent for the service of process in this state if the agent is not the warrantor;
(c) The identities of the warrantor’s executive officer and officers directly responsible for the warrantor’s business operations related to vehicle protection product warranties;
(d) The name, address and telephone number of any person the warrantor designates to administer the warrantor’s vehicle protection product warranties in this state;
(e) A copy of each warranty form the warrantor proposes to use in this state; and
(f) A copy of a warranty reimbursement insurance policy the warrantor intends to use to demonstrate the warrantor’s financial responsibility in accordance with ORS 646A.438.
(3) A warrantor shall report any changes to the information provided in this section to the director not later than 30 days after the information has changed.
(4) A registration under this section expires on December 31 of each year. The director by rule shall prescribe a procedure for renewing a registration under this section.
(5) A warrantor shall pay a fee in an amount the director sets by rule for each registration or renewal under this section. The fee must be in an amount that, when aggregated with all other fees collected under this section, is sufficient to pay the expenses of administering and enforcing ORS 646A.430 to 646A.450. [2007 c.685 §4]
646A.438 Reimbursement insurance; requirements; insurer qualifications. (1) A warrantor shall obtain a reimbursement insurance policy from a qualified reimbursement insurer that covers all liability to the consumer under all vehicle protection product warranties a warrantor issues. A qualified reimbursement insurer is:
(a) An insurer authorized to transact insurance in this state under a certificate of authority issued in accordance with the Insurance Code; or
(b) A surplus lines insurer.
(2) The Department of Consumer and Business Services may not require any other financial security requirements or financial standards for warrantors. [2007 c.685 §5]
646A.440 Required provisions of reimbursement insurance policy; cancellation; notice. (1) A reimbursement insurance policy for a warranty issued in accordance with ORS 646A.430 to 646A.450 shall have the following provisions:
(a) The reimbursement insurer that issues the policy will reimburse or pay on behalf of the warrantor any amounts the warrantor is legally obligated to pay or will provide any service that the warrantor is legally obligated to perform under the vehicle protection product warranty.
(b) If the warrantor does not pay or provide to the consumer the amounts or the service for which the warrantor is legally obligated within 60 days after the date the consumer provides proof of loss or damage, the reimbursement insurer will pay the amount or provide the service directly to or on behalf of the consumer.
(c) A reimbursement insurer may not defend against a consumer’s claim for payment of an amount or performance of a service described in paragraph (a) of this subsection on the basis that the consumer did not pay the premium for the reimbursement insurance policy. For the purposes of any claim a consumer makes under the policy, the consumer’s payment for the vehicle protection product shall constitute payment of the premium for the reimbursement insurance policy.
(d) The warrantor to whom a reimbursement insurer issued a reimbursement insurance policy is an agent or representative of the reimbursement insurer for the purpose of obligating the reimbursement insurer to the consumer under the terms and conditions of the reimbursement insurance policy.
(2) A reimbursement insurer may not cancel a reimbursement insurance policy until the insurer delivers to the warrantor and the Director of the Department of Consumer and Business Services a written notice of cancellation.
(3) A reimbursement insurer that cancels a reimbursement insurance policy does not reduce the reimbursement insurer’s responsibility for vehicle protection products that the warrantor issued and insured under the policy before the cancellation date.
(4) A warrantor that receives a cancellation notice for a reimbursement insurance policy shall:
(a) Obtain new reimbursement insurance from a reimbursement insurer qualified in accordance with ORS 646A.438 and file proof with the Director of the Department of Consumer and Business Services that the warrantor has obtained new insurance; or
(b) Discontinue offering vehicle protection product warranties as of the date of cancellation and until the warrantor obtains new reimbursement insurance from a reimbursement insurer qualified in accordance with ORS 646A.438. [2007 c.685 §6]
646A.442 Vehicle protection product warranty administrator. A warrantor may designate a person as an administrator for the warrantor’s vehicle protection product warranties under ORS 646A.430 to 646A.450. [2007 c.685 §7]
646A.444 Recordkeeping requirements for warrantor; record retention. (1) A warrantor shall maintain accurate accounts, books and other records for transactions regulated under ORS 646A.430 to 646A.450 and shall make the records available to the Director of the Department of Consumer and Business Services for inspection during normal business hours. The warrantor’s records shall include:
(a) A copy of the warranty for each unique form of vehicle protection product sold;
(b) The name and address of each consumer;
(c) A list of the locations where the warrantor’s vehicle protection products are offered for sale or sold; and
(d) Dates, descriptions, amounts and receipts for payments to consumers for claims related to the vehicle protection product warranty or any expenditures related to providing the vehicle protection product warranty.
(2) Except as provided in subsection (4) of this section, a warrantor shall retain all records required under subsection (1) of this section for at least two years after the period of coverage specified in the vehicle protection product warranty has expired.
(3) A warrantor may maintain records required under this section in an electronic form. If the warrantor maintains a record in a format other than paper, the warrantor shall reformat the record into a legible paper copy at the director’s request.
(4) A warrantor that no longer conducts business in this state shall maintain the warrantor’s records until 10 years after the date of the last sale of a vehicle protection product that includes the warrantor’s warranty. [2007 c.685 §8]
646A.446 Prohibited conduct for warrantor. (1) A warrantor may not use in the warrantor’s name:
(a) “Casualty,” “surety,” “insurance,” “mutual” or any other word descriptive of the casualty, insurance or surety business; or
(b) A name deceptively similar to the name or description of any insurance company, surety corporation or other warrantor.
(2) A warrantor may use the word “guaranty” or a similar word in the warrantor’s name. [2007 c.685 §9]
646A.448 Prohibited activities. (1) A warrantor or a warrantor’s representative, in the warrantor’s vehicle protection product warranty or in an advertisement or literature for the warranty, may not:
(a) Make, permit or cause to be made any false or misleading statement; or
(b) Intentionally omit a material statement that would be considered misleading if omitted.
(2) A seller or warrantor may not require, as a condition of financing, that a retail purchaser of a motor vehicle purchase a vehicle protection product. [2007 c.685 §10]
646A.450 Rules; investigative powers of department. (1) The Director of the Department of Consumer and Business Services may adopt rules to implement and enforce ORS 646A.430 to 646A.450.
(2) The director may investigate warrantors or other persons as reasonably necessary to enforce ORS 646A.430 to 646A.450 and to protect consumers in this state. [2007 c.685 §11]
646A.452 Enforcement by Attorney General. The Attorney General may enforce violations of ORS 646A.430 to 646A.450 under ORS 646.608. [2007 c.685 §12]
(Warranties on Assistive Devices)
646A.460 Definitions for ORS 646A.460 to 646A.476. As used in ORS 646A.460 to 646A.476:
(1) “Assistive device” or “device” means:
(a) Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and controls for any motorized features; and
(b) Hearing aids as defined in ORS 694.015.
(2) “Assistive device system” means a system of assistive devices. An “assistive device system” may be a single assistive device, or each component part of the assistive device system may be considered a separate assistive device.
(3) “Authorized dealer” means a dealer authorized by a manufacturer to sell or lease assistive devices manufactured or assembled by the manufacturer.
(4) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of delivering the assistive device to the manufacturer or dealer for repair and obtaining an alternative device if no loaner was offered.
(5) “Consumer” means any of the following:
(a) The purchaser of an assistive device, if the device was purchased from a dealer or manufacturer for purposes other than resale;
(b) A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the device;
(c) A person who may enforce the warranty; or
(d) A person who leases an assistive device from a dealer under a written lease.
(6) “Current value of the written lease” means the total amount for which the lease obligates the consumer during the period of the lease remaining after its early termination, plus the dealer’s early termination costs and the market value of the assistive device at the lease expiration date if the lease sets forth that market value, less the dealer’s early termination savings.
(7) “Dealer” means a person who is in the business of selling or leasing assistive devices.
(8) “Demonstrator” means an assistive device that would be new but for its use, since its manufacture, only for the purpose of demonstrating the device to the public or prospective buyers or lessees.
(9) “Early termination cost” means any expense or obligation that a dealer incurs as a result of both the termination of a written lease before the termination date set forth in the lease and the return of an assistive device to a manufacturer under ORS 646A.464 (4). “Early termination cost” includes a penalty for prepayment under a finance arrangement.
(10) “Early termination savings” means any expense or obligation that a dealer avoids as a result of both the termination of a written lease before the termination date set forth in the lease and the return of an assistive device to a manufacturer under ORS 646A.464 (4). “Early termination savings” includes the interest charge that the dealer would have paid to finance the device or, if the dealer does not finance the device, the difference between the total amount for which a lease obligates the consumer during the period of the lease term remaining after the early termination and the present market value of that amount at the date of the early termination.
(11) “Individual with a disability” means any individual who is considered to have a mental or physical disability or impairment for the purposes of any law of this state or of the United States, including any rules or regulations adopted under those laws.
(12) “Loaner” means an assistive device, provided to the consumer for use by the user free of charge, that need not be new or be identical to or have functional capabilities equal to or greater than those of the original assistive device, but that meets the following conditions:
(a) It is in good working order;
(b) It performs at a minimum the most essential functions of the original assistive device, in light of the disability of the user; and
(c) Any differences between it and the original assistive device do not create a threat to safety.
(13) “Manufacturer” means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantor of the manufacturer’s device, but does not include a dealer.
(14)(a) “Nonconformity” means a condition or defect that substantially impairs the use, market value or safety of an assistive device and that is covered by an express warranty applicable to the device or to a component of the device.
(b) “Nonconformity” does not include a condition or defect that:
(A) Is the result of abuse or neglect of the device by a consumer;
(B) Is the result of an unauthorized modification or alteration of the device by a consumer if the modification or alteration substantially affects the performance of the device; or
(C) For hearing aids, is the result of normal use of the hearing aid and when the condition or defect could be resolved through fitting adjustments, cleaning or proper care.
(15)(a) “Reasonable allowance for use” means:
(A) When an assistive device has been sold to a consumer, no more than the amount obtained by multiplying the full purchase price of the device by a fraction, the denominator of which is the number of days in the useful life of the device and the numerator of which is the number of days that the device was used before the consumer first reported the nonconformity to the manufacturer or any authorized dealer.
(B) When an assistive device has been leased to a consumer, no more than the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is the useful life of the device and the numerator of which is the number of days that the device was used before the consumer first reported the nonconformity to the manufacturer or any authorized dealer.
(b) As used in this subsection, the useful life of the assistive device is the greater of:
(A) Five years; or
(B) Such other time that the consumer may prove to be the expected useful life of assistive devices of the same kind.
(16) “Reasonable attempt to repair” means, within the terms of an express warranty applicable to an assistive device:
(a) The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues; or
(b) The assistive device is out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity.
(17) “User” means an individual with a disability who, by reason thereof, needs and actually uses the assistive device. [Formerly 646.482]
646A.462 Express warranty; duration. (1) A manufacturer who sells or leases an assistive device, including a demonstrator, to a consumer, either directly or through a dealer, shall furnish, at a minimum, an express warranty that the device shall be free from any nonconformity. The manufacturer shall set forth the warranty fully in readily understood language and shall clearly identify the party making the warranty, the rights that the warranty gives the consumer and how the consumer can exercise the rights.
(2) If the manufacturer does not furnish the express warranty described in subsection (1) of this section, the manufacturer shall be considered to have provided an express warranty that the device shall be free from any nonconformity.
(3) The duration of the warranty shall be not less than one year from the date of first delivery of the assistive device to the consumer. [Formerly 646.484]
646A.464 Repair of assistive device. (1)(a) If a new assistive device or demonstrator does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the dealer who sold or leased the device or any authorized dealer and makes the assistive device available for repair before one year after first delivery of the device to the consumer, the nonconformity shall be repaired at no charge to the consumer. If the consumer notifies the manufacturer, the manufacturer is jointly obligated together with any of its authorized dealers.
(b) A repair for purposes of this subsection includes a repair that must take place after the expiration of one year after first delivery of the assistive device to the consumer, provided that the defect occurred prior to the expiration of the warranty period and the consumer notified the manufacturer within 30 days after expiration of the period.
(2)(a) Except as provided in paragraphs (b) and (c) of this subsection, each manufacturer of an assistive device sold or leased in this state shall:
(A) Maintain or cause to be maintained in this state sufficient service and repair facilities to carry out the terms of the warranty described in ORS 646A.462; and
(B) At the time of the sale or lease, provide the consumer with the names, addresses and telephone numbers of all such service and repair facilities and of all authorized dealers.
(b) If the manufacturer does not provide service and repair facilities in this state, the consumer may return the nonconforming assistive device to the dealer who sold or leased the device or to any authorized dealer for replacement, service or repair in accordance with the terms and conditions of the express warranty. The replacement, service or repair shall be at the option of the dealer to whom the device is returned. If that dealer does not replace the nonconforming device or does not effect the service or repair of the device in accordance with the warranty, the dealer shall reimburse the consumer in an amount equal to the purchase or lease price paid, less a reasonable allowance for use by the consumer.
(c) Each manufacturer who, with respect to a new assistive device sold within this state, does not provide a service or repair facility within this state is liable for the following amounts to any dealer who incurs obligations in giving effect to the express warranty described in ORS 646A.462:
(A) In the event of replacement, in an amount equal to the cost to the dealer of the replaced assistive device and any cost of transporting the device, plus a reasonable handling charge;
(B) In the event of service or repair, in an amount equal to that which would ordinarily be received by the dealer for rendering such service or repair, including actual and reasonable costs of the service or repair and the costs of transporting the assistive device, if such costs are incurred, plus a reasonable profit; or
(C) In the event of reimbursement under paragraph (b) of this subsection, in an amount equal to that reimbursed to the consumer plus a reasonable handling or service charge.
(3) For purposes of this section, a consumer reports a nonconformity when the consumer:
(a) Makes any communication, written or oral, that describes the problem with the assistive device, or that may be reasonably understood as an expression of dissatisfaction with any aspect of the operation of the device. The communication need only indicate in some way the nature of the problem, such as an indication of the functions that the device is not performing or performing unsatisfactorily for the consumer, and need not be in technical language nor attempt to state the cause of the problem; and
(b) Does not refuse to make the assistive device available to the manufacturer, the dealer who sold or leased the device or any authorized dealer for repair.
(4)(a) It shall be presumed that the consumer has made the assistive device available to the manufacturer, the dealer who sold or leased the device or an authorized dealer for repair if the consumer allows the manufacturer or dealer to take the device from the consumer’s residence or other location where the user customarily uses the device.
(b) The consumer shall be required to deliver the device to another location only upon a showing that it would be a substantially greater hardship for the manufacturer, the dealer who sold or leased the device or any authorized dealer to take the device from the consumer’s residence or other location where the user customarily uses the device than for the consumer to deliver the device.
(c) If the consumer must deliver the device to another location in order to enable the manufacturer to repair the device, the manufacturer shall reimburse the consumer for the costs of the delivery.
(5)(a) A person required to repair an assistive device under this section shall provide the consumer a loaner if the absence of a loaner would be a threat to the safety of the user or if the assistive device is out of service for more than seven calendar days.
(b) Paragraph (a) of this subsection applies whether or not the rights of the consumer provided by ORS 646A.466 (1) or (2) have arisen and in addition to the remedies relating to collateral costs provided by ORS 646A.460 to 646A.476. [Formerly 646.486]
646A.466 Replacement or refund after attempt to repair. If a nonconformity develops in a new assistive device or demonstrator, the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer:
(1) In the case of a sale, refund to the consumer and to any holder of a perfected security interest as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use;
(2) In the case of a lease, refund to the dealer and to any other holder of a perfected security interest, as their interest may appear, the current value of the lease and refund to the consumer the amount that the consumer paid under the lease plus any collateral costs, less a reasonable allowance for use; or
(3) Provide a conforming replacement. [Formerly 646.488]
646A.468 Procedures for replacement or refund. (1) To receive the refund or replacement described in ORS 646A.466, the consumer shall offer to the manufacturer of the assistive device, the dealer who sold or leased the device or any authorized dealer to transfer possession of the device having the nonconformity. The manufacturer shall:
(a) Make the refund within 14 calendar days after the consumer offers to transfer possession;
(b) Make the replacement within 30 calendar days after the consumer offers to transfer possession; or
(c) Provide the consumer a loaner for use if the replacement is not made within 14 calendar days after the consumer offers to transfer possession. The loaner may be used until replacement is made.
(2) The manufacturer may require as a condition of making a timely refund or replacement described in ORS 646A.466 that the consumer deliver possession of the original assistive device to the manufacturer, the dealer who sold or leased the device or any authorized dealer and sign any documents necessary to transfer title and possession of the device, or necessary to provide evidence of the transfer, to any person designated by the manufacturer.
(3) Subsection (2) of this section applies only if:
(a) The time and place of the mutual activities described in subsection (2) of this section are readily accessible to the consumer; and
(b) The manufacturer provides the consumer written notice in 12-point bold type stating in clear and understandable language the time and place of the mutual activities and directing the consumer to meet at that time and place. The notice must be received by the consumer no later than four business days before the time of the mutual activities.
(4) A person shall not enforce a lease against the consumer for use of an assistive device during any period of nonconformity or after the consumer returns the device to the manufacturer as described by this section. [Formerly 646.490]
646A.470 Sale or lease of returned assistive device. (1) An assistive device returned by a consumer or dealer in this state, or by a consumer or dealer in another state under a similar law of that state, may not be sold or leased again in this state unless full disclosure of the reasons for return is made to the prospective buyer or lessee.
(2) If a sale or lease is made in violation of subsection (1) of this section, a consumer who bought or took the lease of the assistive device shall have the rights of a consumer of a new device provided by ORS 646A.466, without regard to whether there is a nonconformity or to whether there has been a reasonable attempt to repair the device. The following paragraphs apply to a sale or lease under this section:
(a) If the consumer chooses the refund option described in ORS 646A.466, there shall be no deduction from the full purchase price in calculating the refund under ORS 646A.466;
(b) The rights described in this subsection run against the person who last sold or transferred the assistive device to any other person, whether or not the other person is a consumer, so long as the last person to sell or transfer the device had knowledge of the previous return of the device and did not provide the disclosure required by subsection (1) of this section; and
(c) The rights described under this subsection must be declared and exercised by a consumer within two years after the consumer knows of the previous return and can identify the person against whom the rights run. [Formerly 646.492]
646A.472 Dispute resolution. (1) A consumer shall have the option of submitting any dispute arising under ORS 646A.460 to 646A.476 to a dispute resolution procedure. A manufacturer shall submit to the dispute resolution procedure.
(2) The procedure shall provide at a minimum the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation. The individuals conducting the dispute resolution procedure must be objective.
(3) A decision resulting from the dispute resolution procedure shall be binding on the manufacturer.
(4) The records of the results of disputes settled under this section shall be submitted to the Department of Justice if the department requests them and shall be available to any person who makes a request for the records free of cost within 10 business days of the person’s request. The department may review all records created under this section to determine whether or not the procedure and decisions comply with the provisions of ORS 646A.460 to 646A.476.
(5) The Department of Justice shall establish a roster of dispute resolution providers for consumers seeking to resolve disputes with manufacturers or to assert their rights under this section. [Formerly 646.494]
646A.474 Applicability of other laws; waiver. ORS 646A.460 to 646A.476 shall not be construed as limiting rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights provided by ORS 646A.460 to 646A.476 is void. [Formerly 646.496]
646A.476 Civil action for damages; attorney fees; limitation on actions. (1) In addition to pursuing any other remedy, a consumer may bring a private cause of action to recover damages caused by a violation of any provision of ORS 646A.460 to 646A.476. The court shall award a consumer who prevails in such an action pecuniary loss and noneconomic damages, together with costs, disbursements, reasonable attorney fees and any equitable relief that the court determines is appropriate. Pecuniary loss caused by a violation of ORS 646A.460 to 646A.476 shall include collateral costs, beginning at the time of the violation, whether or not the consumer acquired the rights provided by ORS 646A.466. If a consumer has submitted a dispute arising under ORS 646A.460 to 646A.476 to a dispute resolution procedure as described in ORS 646A.472, the consumer may not bring a private cause of action under this section relating to that dispute until a decision resulting from the dispute resolution procedure has been issued or until the consumer has withdrawn the dispute from the dispute resolution procedure.
(2) If a consumer appeals to a court from a decision resulting from the dispute resolution procedure described in ORS 646A.472 because the consumer was not granted one of the remedies by ORS 646A.460 to 646A.476, and the consumer is granted one of the remedies by the court, the consumer shall be awarded:
(a) Up to three times the amount of any damages awarded if the court finds that the party opposing the consumer did not act in good faith in the dispute resolution procedure;
(b) Reasonable attorney fees; and
(c) Any fees incurred in the dispute resolution procedure and any judicial action.
(3) If the party opposing the consumer is the prevailing party in an action brought under subsection (1) or (2) of this section, the party opposing the consumer shall be entitled to reasonable attorney fees if the court finds the action to have been frivolous.
(4) Any action brought under this section shall be commenced during the period beginning one year after the date the assistive device was originally delivered to the consumer and ending two years later. [Formerly 646.498]
VEHICLE REPAIR SHOPS
646A.480 Definitions for ORS 646A.480 to 646A.495. As used in ORS 646A.480 to 646A.495:
(1)(a) “Motor vehicle” means a self-propelled device, other than a motor home, that is used:
(A) To transport persons or property upon a public highway; and
(B) For personal, family or household purposes.
(b) “Motor vehicle” does not include a motor vehicle owned as part of a fleet and maintained under the terms of a maintenance contract.
(2) “Owner” means an individual who has legal authority or apparent legal authority to make decisions concerning the maintenance or repair of a motor vehicle.
(3) “Owner’s designee” means an individual who received permission in accordance with ORS 646A.495 to make decisions concerning the repair or maintenance of a motor vehicle.
(4)(a) “Vehicle repair shop” means an individual, corporation, partnership, limited liability company or other business entity that in exchange for payment evaluates the condition of, maintains or repairs a motor vehicle.
(b) “Vehicle repair shop” does not include a motor vehicle body and frame repair shop, as defined in ORS 746.275. [2009 c.133 §1]
646A.482 Estimate required before beginning work; contents; evaluation. (1) A vehicle repair shop shall prepare an estimate of the cost of work the vehicle repair shop proposes to perform on a motor vehicle before beginning the work. The vehicle repair shop not later than before receiving final payment shall give a copy of the estimate, either as a separate document or in the form of an invoice, to the owner or the owner’s designee. The vehicle repair shop shall retain a copy of the estimate. The estimate, at a minimum, must:
(a) Describe the general nature of the proposed work;
(b) Divide the work into separate tasks, to the extent that the work may be divided into separate tasks; and
(c) List:
(A) The estimated cost of labor and the parts or component systems the vehicle repair shop proposes to replace;
(B) The amount of any incidental charges; and
(C) The total estimated cost, which may consist of a reasonable range.
(2) If a vehicle repair shop proposes to disassemble all or a portion of a motor vehicle or to remove parts or components of a motor vehicle in order to evaluate the condition of the motor vehicle for the purpose of recommending or proposing additional work, in addition to complying with the requirements shown in subsection (1) of this section, the estimate must:
(a) List the total estimated cost of performing the disassembly and evaluation and a separate estimate of the cost for reassembly, assuming for the purpose of the estimate that the owner or owner’s designee elects not to proceed with work the vehicle repair shop may recommend or propose after evaluating the condition of the motor vehicle; and
(b) State the estimated amount of time, calculated from the date on which the owner or owner’s designee authorizes the disassembly, evaluation and reassembly of the motor vehicle, that the vehicle repair shop would reasonably take to reassemble the motor vehicle if all necessary parts are available and if the owner or owner’s designee, on the day that the owner or owner’s designee receives the estimate, elects not to proceed with work the vehicle repair shop recommends or proposes after evaluating the condition of the motor vehicle. [2009 c.133 §2]
646A.486 Prohibited actions if estimate exceeds $200; revision of estimate; methods to obtain owner authorization. (1) Except as provided in subsection (2) of this section, a vehicle repair shop may not take any of the following actions if an estimate prepared under ORS 646A.482 shows that taking the action will cost the owner or the owner’s designee more than $200:
(a) Evaluate the condition of a motor vehicle.
(b) Disassemble all or a portion of a motor vehicle or remove parts or components of a motor vehicle in order to evaluate the condition of the motor vehicle.
(c) Perform labor or replace or recondition a part in order to:
(A) Repair a motor vehicle; or
(B) Maintain the motor vehicle in or restore the motor vehicle to an operable condition or a condition that conforms with an identified or recognized standard.
(d) Use a work method or procedure, perform a task or labor or replace a part in a manner that differs from the method, procedure, task, labor or part described or identified in the estimate, if the change increases the cost specified in the estimate by more than 10 percent or by more than $200, whichever amount is less.
(2) A vehicle repair shop shall obtain a separate authorization from the owner or the owner’s designee before taking an action described in subsection (1) of this section. After consulting with the owner or owner’s designee, the vehicle repair shop shall:
(a) Cross out, remove from or otherwise indicate on the estimate prepared under ORS 646A.482 the work the vehicle repair shop will not perform on the motor vehicle and recalculate and display on the estimate the cost of work the vehicle repair shop will perform before obtaining authorization or assent from the owner or owner’s designee; or
(b) Prepare a new estimate in accordance with ORS 646A.482 and void the previous estimate before obtaining authorization or assent from the owner or owner’s designee.
(3) The vehicle repair shop may obtain authorization or assent by any of the following means:
(a) Obtaining the signature of the owner or owner’s designee under a statement printed on the estimate that authorizes the action.
(b) Obtaining the oral assent of the owner or owner’s designee by telephone. The vehicle repair shop shall provide the owner or owner’s designee with all material information shown on the estimate and shall note on the estimate the name and telephone number of the person that gives the assent and the date and time of the call.
(c) Receiving by facsimile, electronic mail or other electronic means a written message that authorizes the work. A facsimile message must display the signature of the person that gives the authorization and the date and time of transmission. An electronic mail or other electronic message must show the name of the person that gives the authorization and the date and time of transmission. The vehicle repair shop shall attach the facsimile or a printout of the electronic mail or other electronic message to a copy of the estimate. [2009 c.133 §3]
646A.490 Additional prohibited actions; reassembly required; copies. (1) A vehicle repair shop may not:
(a) Charge a person for work not performed on a motor vehicle even if the work is shown on an estimate for which the vehicle repair shop has obtained an authorization from the owner or the owner’s designee.
(b) Provide or install used parts or any component system composed of new and used parts if an estimate prepared under ORS 646A.482 indicates that the vehicle repair shop will use new parts or component systems in work performed on the motor vehicle.
(c) Knowingly provide or install, without disclosing to the owner or the owner’s designee, a used or reconditioned part.
(2) A vehicle repair shop shall:
(a) Reassemble, if all necessary parts are available, approximately within the time indicated on an estimate prepared under ORS 646A.482 (2), a motor vehicle that the vehicle repair shop has disassembled or from which the vehicle repair shop has removed parts in order to evaluate the condition of the motor vehicle.
(b) Maintain for not less than one year, in electronic or printed form, legible copies of all documents required or provided under ORS 646A.480 to 646A.495. [2009 c.133 §4]
646A.495 Owner designee; waiver of authorization requirement. (1) An owner may designate a person as the owner’s designee:
(a) In writing, either on the estimate prepared under ORS 646A.482 or by means of a separate document. The owner shall sign a written designation made in accordance with this paragraph. If the designation is a separate document, the vehicle repair shop shall attach a copy of the document to the estimate.
(b) Orally or by telephone. For a designation made in accordance with this paragraph, the vehicle repair shop shall note on the estimate the name and telephone number of the person who made the designation, the name of the owner’s designee and, if the person made the designation by telephone, the date and time of the call.
(2) An owner may waive the authorization requirement set forth in ORS 646A.486 (2) only when the owner receives an explanation of the authorization requirements and signs a separate document directly under a statement that conspicuously identifies the authorization requirement.
(3) An owner may not designate a motor vehicle repair shop or a principal, agent or employee of a motor vehicle repair shop as the owner’s designee.
(4) For purposes of this section, a statement is conspicuous if a reasonable person reading the separate document should have noticed the statement. [2009 c.133 §5]
INFANT CRIB SAFETY
646A.500 Legislative findings; declaration of purpose. (1) The Legislative Assembly finds that:
(a) The disability and death of infants resulting from injuries sustained in crib accidents are a serious threat to the public health, welfare and safety of the people of this state;
(b) Infants are an especially vulnerable class of people;
(c) The design and construction of a crib must ensure that the crib is a safe place to leave an infant unattended for an extended period of time;
(d) A parent or caregiver has a right to believe that a crib is a safe place to leave an infant;
(e) The United States Consumer Product Safety Commission estimates that 40 children suffocate or strangle in their cribs every year;
(f) Existing state and federal legislation is inadequate to deal with the hazard of injuries and death to infants from unsafe cribs; and
(g) Prohibiting the remanufacture, retrofitting, sale, contracting to sell or resell, leasing or subletting of unsafe cribs, particularly unsafe secondhand, hand-me-down or heirloom cribs, will prevent injuries and deaths caused by unsafe cribs.
(2) The purpose of ORS 646A.500 to 646A.514 is to prevent the occurrence of injuries to and deaths of infants resulting from unsafe cribs by making it illegal to remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce any crib that is unsafe for an infant using the crib. [Formerly 646.500]
646A.502 Short title. ORS 646A.500 to 646A.514 may be referred to as the Infant Crib Safety Act. [Formerly 646.501]
646A.504 Definitions for ORS 646A.500 to 646A.514. As used in ORS 646A.500 to 646A.514:
(1) “Commercial user” means any person, firm, corporation, association or nonprofit corporation, or any agent or employee thereof, including child care facilities or family child care homes certified or registered by the Office of Child Care under ORS 329A.250 to 329A.450, who:
(a) Deals in cribs of the kind governed by ORS 646A.500 to 646A.514;
(b) By virtue of the person’s occupation, purports to have knowledge or skill peculiar to the cribs governed by ORS 646A.500 to 646A.514; or
(c) Is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing cribs in the stream of commerce.
(2) “Crib” means:
(a) Any full-size crib as that term is defined in 16 C.F.R. 1508.3; or
(b) Any nonfull-size crib as that term is defined in 16 C.F.R. 1509.2(b).
(3) “Individual” means a natural person who is not a commercial user of cribs.
(4) “Infant” means an individual who is less than three years of age. [Formerly 646.502; 2013 c.624 §85]
646A.506 Prohibited conduct. (1) A commercial user may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce a crib that is unsafe for an infant using the crib.
(2) A crib is presumed to be unsafe pursuant to ORS 646A.500 to 646A.514 if it does not conform to the following standards:
(a) 16 C.F.R. part 1508;
(b) 16 C.F.R. part 1509;
(c) 16 C.F.R. part 1303; and
(d) American Society for Testing Materials Voluntary Standards F966-90, F1169.88, F1822 and F406.
(3) Cribs that are presumed to be unsafe under subsection (2) of this section include but are not limited to cribs with any of the following features or characteristics:
(a) Corner posts that extend more than one-sixteenth of an inch;
(b) Spaces between side slats more than two and three-eighths inches;
(c) Mattress supports that can be easily dislodged from any point of the crib. A mattress support can be easily dislodged if it cannot withstand a 25-pound upward force from underneath the crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the following:
(A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches; or
(B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 26 inches;
(f) Any screws, bolts or hardware that is loose or not secured;
(g) Sharp edges, points, rough surfaces or any wood surfaces that are not smooth and free from splinters, splits or cracks; or
(h) Cribs with tears in mesh or fabric sides.
(4) An individual may not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce a crib that is unsafe for an infant using the crib. [Formerly 646.503]
646A.508 Penalties. (1) A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) commits a Class A violation.
(2) An individual who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe baby crib as described in ORS 646A.506 (1) to (3) commits a Class B violation. [Formerly 646.504; 2011 c.597 §259]
646A.510 Exemptions. (1) An antique or vintage crib that is clearly not intended for use by an infant is exempt from the provisions of ORS 646A.500 to 646A.514 if the antique or vintage crib is accompanied at the time of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce by a notice furnished by the commercial user that states that the antique or vintage crib is not intended for use by an infant and that the antique or vintage crib is dangerous for use by an infant.
(2) A commercial user is exempt from liability resulting from use of an antique or vintage crib in a manner that is contrary to the notice required by this section.
(3) As used in this section, “antique or vintage crib” means a crib that is:
(a) 50 years or older measured from the current year;
(b) Maintained as a collector’s item; and
(c) Not intended for use by an infant. [Formerly 646.505]
646A.512 Private right of action; attorney fees. Any person may maintain an action against a commercial user who violates ORS 646A.506 (1) to (3), to enjoin the remanufacture, retrofitting, sale, contract to sell or resell, lease or subletting of a crib that is unsafe for an infant, and for reasonable attorney fees and costs. [Formerly 646.506]
646A.514 Scope of remedies. Remedies available under ORS 646A.508 and 646A.512 are in addition to any other remedies available under law to an aggrieved party. [Formerly 646.507]
CHILDREN’S PRODUCTS
646A.525 Definitions for ORS 646A.525 to 646A.535. As used in ORS 646A.525 to 646A.535:
(1)(a) “Children’s product” means a consumer product that is designed or intended:
(A) For the care of or use by a child under 12 years of age; or
(B) To come into contact with a child under 12 years of age at the time the product is used.
(b) “Children’s product” does not include:
(A) A medication, drug, food or other product that is intended to be ingested; or
(B) A crib, as defined in ORS 646A.504.
(2) “Retailer” means a person that, in the ordinary course of the person’s business, sells or offers for sale, leases, sublets or otherwise distributes a children’s product to consumers in this state.
(3)(a) “Warning” means a communication about a health or safety hazard that a children’s product poses to consumers that is:
(A) Directed to a retailer; and
(B) Intended to inform the retailer about the health or safety hazard, instruct the retailer to remove the children’s product from inventory or provide the retailer with a method to eliminate the health or safety hazard.
(b) “Warning” does not include a communication:
(A) Directed to consumers; and
(B) Affixed to the children’s product or packaging related to the children’s product or provided by the retailer to the consumer as part of a transaction related to the children’s product. [2008 c.31 §1]
646A.530 Prohibited sales of certain children’s products; recall notices and warnings; disposal of recalled children’s products; compliance with warning instructions. (1) A retailer may not sell or offer for sale, lease, sublet or otherwise distribute a children’s product to consumers in this state if the children’s product is:
(a) Subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission or a successor agency;
(b) The subject of a warning issued by the children’s product manufacturer or the Consumer Product Safety Commission or a successor agency that the intended use of the children’s product constitutes a health or safety hazard, unless the retailer has eliminated the hazard and made the children’s product safe for sale, lease, subletting or distribution to consumers in strict compliance with standards and instructions provided in or related to the warning; or
(c) Subject to a declaration by the Director of the Oregon Health Authority under ORS 453.055 or under rules adopted by the Oregon Health Authority that the children’s product is a banned hazardous substance.
(2) A retailer shall subscribe to or arrange to receive recall notices and warnings issued by the Consumer Product Safety Commission and warnings issued by manufacturers from which the retailer receives children’s products.
(3) A retailer shall dispose of a children’s product identified in a recall notice or warning issued by or in cooperation with the Consumer Product Safety Commission or a successor agency in strict compliance with disposal instructions included with or related to the recall notice or warning.
(4) A retailer shall comply strictly with all return, repair, retrofitting, labeling or remediation instructions issued with or related to a warning issued by the Consumer Product Safety Commission or a successor agency, an agency of this state or the children’s product manufacturer. [2008 c.31 §2; 2009 c.595 §1162]
646A.535 Assistance of Attorney General in obtaining recall notices. The Attorney General shall assist retailers in obtaining information the retailers may need to subscribe to or arrange to receive recall notices issued by the United States Consumer Product Safety Commission for children’s products. The assistance shall include, but is not limited to, providing links from the Attorney General’s website to a website maintained by or in cooperation with the Consumer Product Safety Commission for the purpose of disseminating product recall notices. [2008 c.31 §3]
LICENSES
646A.550 Short title. ORS 646A.555 may be cited as the Oregon Young Entrepreneurs Act. [2009 c.276 §1]
646A.555 License to engage in business activity not required for individual under 17 years of age. (1) Except as provided in subsection (2) of this section and notwithstanding any other provision of law, the State of Oregon, a political subdivision of the state or an agency of the state or of a political subdivision of the state may not require an individual under 17 years of age who is a resident of this state to obtain a license or permit to engage in a business activity in which the individual operates as a sole proprietor under the individual’s own name.
(2) This section does not affect a statute, rule, ordinance or other provision of law that requires a license, certificate, registration, permit or other authorization to conduct a business activity that is subject to regulation for the purpose of protecting the environment or the public health, safety or welfare. [2009 c.276 §2]
MERCURY IN LIGHTING PRODUCTS
646A.560 Legislative findings. The Legislative Assembly finds that it is in the best interest of this state to:
(1) Reduce the amount of mercury in lighting that contains mercury; and
(2) Continue to work with federal, state and local government agencies as well as manufacturers, retailers and others to expand opportunities for consumers to recycle lighting that contains mercury. [2012 c.52 §1]
646A.562 Definitions for ORS 646A.560 to 646A.566. As used in ORS 646A.560 to 646A.566:
(1) “Lighting that contains mercury” means an electric lamp, including compact fluorescent lamps, straight fluorescent lamps and nonlinear fluorescent lamps, to which mercury or mercury compounds are added during the manufacturing process.
(2) “Long lifetime” means 25,000 hours or more when tested on an electronic ballast, including T8 instant start ballasts and T5 programmed start ballasts, and turned off and on every three hours.
(3) “Normal lifetime” means less than 25,000 hours when tested on an electronic ballast, including T8 instant start ballasts and T5 programmed start ballasts, and turned off and on every three hours.
(4)(a) “Producer of lighting that contains mercury” means any person that:
(A) Manufactures and sells lighting that contains mercury under its own brand;
(B) Resells under its own brand lighting that contains mercury produced by other suppliers;
(C) Imports or exports lighting that contains mercury on a professional basis; or
(D) Serves as the importer or domestic distributor of lighting that contains mercury if the brand name owner is located outside of the United States.
(b) “Producer of lighting that contains mercury” does not mean a reseller of lighting that contains mercury if the brand of the manufacturer of the lighting that contains mercury appears on the lighting.
(5) “Special purpose lighting” means appliance lighting, black lighting, germicidal lighting, bug lighting, colored lighting, plant lighting, straight fluorescent reflector lighting, reprographic lighting, shatter resistant lighting, cold temperature lighting and three-way lighting. [2012 c.52 §2]
646A.564 Standards for mercury content in electric lamps; exceptions. (1) A producer of lighting that contains mercury may not sell, offer for sale or distribute in this state any electric lamps that contain mercury in an amount exceeding, per lamp, the following mercury content standards:
(a) 4 milligrams for screw-based compact fluorescent lamps less than 25 watts.
(b) 5 milligrams for compact fluorescent lamps equal to or more than 25 watts and less than 40 watts.
(c) 3 milligrams for straight fluorescent T5 lamps with a normal lifetime.
(d) 4 milligrams for straight fluorescent T8 lamps with a normal lifetime.
(e) 5 milligrams for straight fluorescent T5 and T8 lamps with a long lifetime.
(f) 15 milligrams for T12 8-foot straight fluorescent lamps.
(2) The mercury content standard specified in subsection (1)(d) of this section does not apply to 8-foot models of straight fluorescent T8 lamps.
(3) The mercury content standards specified in subsection (1) of this section do not apply to:
(a) High-output, and very high-output, straight fluorescent lamps more than 32 millimeters in diameter.
(b) Mogul bi-pin based lamps.
(c) Preheat straight fluorescent lamps of any size.
(d) Special purpose lighting.
(e) High intensity discharge lamps. [2012 c.52 §3]
646A.566 Considerations for state agency procurement of lighting devices that contain mercury. When making procurement decisions on lighting that contains mercury, the Oregon Department of Administrative Services, after consultation with the Department of Environmental Quality, shall request information on mercury content, energy use, lumen output and lighting lifetime from potential suppliers and shall, in accordance with the Public Contracting Code and rules adopted under the Public Contracting Code, issue specifications and make procurement decisions that favor lighting that contains mercury that meets the mercury content standards established by ORS 646A.564. [2012 c.52 §4]
PORTABLE ELECTRONICS INSURANCE
646A.575 Definitions for ORS 646A.575 to 646A.590. As used in ORS 646A.575 to 646A.590:
(1) “Customer” means a person that purchases or leases portable electronics.
(2) “Enrolled customer” means a customer that purchases portable electronics insurance coverage from a vendor policyholder.
(3) “Insurer” means an insurer as defined in ORS 731.106 that issues, sells or offers for sale policies of portable electronics insurance to vendor policyholders.