74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 484
 
LC 1317/SB 484-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 484
 
                    By COMMITTEE ON COMMERCE
 
                              May 4
 
  On page 1 of the printed bill, line 2, delete '; creating new
provisions; and amending ORS 36.620 and 646.608'.
  Delete lines 4 through 31 and delete pages 2 through 4 and
insert:
  '  { +  SECTION 1. + }  { + (1) For the purposes of this
section, 'consumer ' means a person who is purchasing goods or
services for personal, family or household purposes.
  ' (2) Except to the extent provided by federal law for the
enforceability of the provision, a consumer may revoke any
provision in a contract that requires the consumer to assert a
claim against the other party of the contract in a forum that is
less convenient, more costly or more dilatory than a judicial
forum established in this state for the resolution of a dispute.
  ' (3) Revocation of a provision under this section must be made
in writing and communicated by the revoking party within a
reasonable time after a dispute arises. A party seeking to
enforce a revoked provision is liable for reasonable attorney
fees incurred by a consumer in any litigation that results from
the attempted enforcement of the revoked provision.
  ' (4) Notwithstanding ORS 45.400, in any civil action,
arbitration or other civil proceeding arising out of a consumer
contract, any party may appear by telephone unless the judge,
arbitrator or other decision maker determines that there is good
reason not to allow appearance by telephone.
  ' (5) This section does not apply to a contract for the sale or
lease of real property. + }
  '  { +  SECTION 2. + }  { + Section 1 of this 2007 Act applies
only to contracts entered into on or after the effective date of
this 2007 Act. + } ' .
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