74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1317
 
                           A-Engrossed
 
                         Senate Bill 484
                   Ordered by the Senate May 4
             Including Senate Amendments dated May 4
 
Sponsored by COMMITTEE ON COMMERCE
 
 
                             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.
 
    { - Provides that person commits unlawful trade practice if
person includes clause in contract for sale, lease or other
transfer of real estate, goods or services that requires
mandatory arbitration or that otherwise prohibits bringing of
civil action for purpose of enforcing terms of contract. - }
   { +  Allows consumer to revoke provision of contract that
requires consumer to assert claim against other party to contract
in forum that is less convenient, more costly or more dilatory
than judicial forum in this state. Allows parties to appear by
telephone in proceedings arising out of consumer contract. + }
 
                        A BILL FOR AN ACT
Relating to unlawful trade practices.
Be It Enacted by the People of the State of Oregon:
  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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