Chapter 404 Oregon Laws 2001

AN ACT

SB 720

Relating to sweepstakes promotions; creating new provisions; and amending ORS 646.879.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 646.879 is amended to read:

646.879. (1) [For the purposes of] As used in this section[,]:

(a) “[removal] Exclusion request” means a written request to be [removed] 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 [removal] exclusion request to the originator of any sweepstakes promotion.

(3) The [removal] 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 [a removal] an exclusion request.

(4) An originator of a sweepstakes promotion who receives [a removal] an exclusion request shall [remove] 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) As used in this section, “sweepstakes promotion” has the meaning given that term in ORS 124.005.]

(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.

SECTION 2. The amendments to ORS 646.879 by section 1 of this 2001 Act apply to sweepstakes promotions mailed on or after the effective date of this 2001 Act.

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date January 1, 2002

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