71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1920
 
                         House Bill 2794
 
Sponsored by Representative WITT
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits persons engaged in business of selling or renting
goods or services from imposing terms of sale or rental upon
public officials or candidates for public office different from
terms imposed in ordinary course of business. Provides that
violation constitutes unlawful trade practice.
 
                        A BILL FOR AN ACT
Relating to retail transactions; creating new provisions; and
  amending ORS 646.608.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + A person engaged in the business of selling or
renting goods or services may not charge a price or impose credit
terms, finance charges or payment terms different from those
charged or imposed in the person's ordinary course of business
solely on the basis that the person buying or renting the goods
or services holds a public office or is a candidate for a public
office. + }
  SECTION 2. ORS 646.608 is amended to read:
  646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
  (a) Passes off real estate, goods or services as those of
another.
  (b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
  (c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
  (d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
  (e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
  (f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
 
  (g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
  (h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
  (i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
  (j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
  (k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
  (L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
  (m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
  (n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
  (o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
  (p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
  (q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
  (r) Organizes or induces or attempts to induce membership in a
pyramid club.
  (s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
  (t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
  (u) Engages in any other unfair or deceptive conduct in trade
or commerce.
  (v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
  (w) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
  (x) Violates ORS 646.850 (1).
  (y) Violates any requirement of ORS 646.661 to 646.686.
  (z) Violates the provisions of ORS 128.801 to 128.898.
  (aa) Violates ORS 646.883 or 646.885.
  (bb) Violates any provision of ORS 646.195.
  (cc) Violates ORS 646.569.
  (dd) Violates the provisions of ORS 646.859.
  (ee) Violates ORS 759.290.
  (ff) Violates ORS 646.872.
 
  (gg) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
  (hh) Violates ORS 646.563.
  (ii) Violates ORS 759.690 or any rule adopted pursuant thereto.
  (jj) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
  (kk) Violates ORS 646.892 or 646.894.
  (LL) Violates any provision of ORS 646.249 to 646.259.
  (mm) Violates ORS 646.384.
  (nn) Violates ORS 646.871.
  (oo) Violates ORS 822.046.
  (pp) Violates ORS 128.001.
  (qq) Violates ORS 646.649 (2) to (4).
  (rr) Violates ORS 646.877 (2) to (5).
  (ss) Violates ORS 87.686.
  (tt) Violates ORS 646.651.
  (uu) Violates ORS 646.879.
   { +  (vv) Violates section 1 of this 2001 Act. + }
  (2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
  (3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
  (4) No action or suit shall be brought under subsection (1)(u)
of this section unless the Attorney General has first established
a rule in accordance with the provisions of ORS 183.310 to
183.550 declaring the conduct to be unfair or deceptive in trade
or commerce.
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