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
 
                           B-Engrossed
 
                         Senate Bill 484
                   Ordered by the House June 5
  Including Senate Amendments dated May 4 and House Amendments
                              dated
                             June 5
 
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.
 
  Allows consumer to revoke provision of  { + consumer + }
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 - }   { + not + } in
this state.   { - Allows parties to appear by telephone in
proceedings arising out of consumer contract. - }  { +  Provides
that if provision in contract requires arbitration in forum that
is not in this state, sole effect of revocation is that
proceeding that requires or allows attendance by consumer must be
conducted in this state. Provides that party seeking to enforce
revoked provision is liable for reasonable attorney fees incurred
by consumer. + }
 
                        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:
  (a) 'Consumer' means an individual who is purchasing goods or
services for personal, family or household purposes.
  (b) 'Consumer contract' means a contract entered into by a
consumer for the purchase of goods or services for personal,
family or household purposes, in which the total cost of the
purchase is $15,000 or less.
  (2) A consumer may revoke a provision in a consumer contract
that requires the consumer to assert a claim against the other
party to the contract, or respond to a claim by the other party
to the contract, in a forum that is not in this state. If the
provision requires arbitration in a forum that is not in this
state, the sole effect of a revocation under this section is that
any evidentiary hearing, oral argument or other proceeding that
requires or allows attendance by the consumer must be conducted
in this state.
  (3) Revocation of a provision under this section must be made
in writing and communicated by the consumer to the other party
within a reasonable time after a dispute arises.
 
  (4) This section applies only to a consumer contract that was
entered into by a consumer when the consumer was a resident of
this state.
  (5) 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. + }
  SECTION 2.  { + Section 1 of this 2007 Act applies only to
consumer contracts entered into on or after the effective date of
this 2007 Act. + }
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