75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 328
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General-elect John
Kroger and Attorney General Hardy Myers for Department of
Justice)
CHAPTER ................
AN ACT
Relating to unlawful collection practices; creating new
provisions; and amending ORS 646.607.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 646.607, as amended by section 16, chapter 19,
Oregon Laws 2008, and section 4, chapter 31, Oregon Laws 2008, is
amended to read:
646.607. A person engages in an unlawful practice when in the
course of the person's business, vocation or occupation the
person:
(1) Employs any unconscionable tactic in connection with the
sale, rental or other disposition of real estate, goods or
services, or collection or enforcement of an obligation;
(2) Fails to deliver all or any portion of real estate, goods
or services as promised, and upon request of the customer, fails
to refund any money that has been received from the customer that
was for the purchase of the undelivered real estate, goods or
services and that is not retained by the seller pursuant to any
right, claim or defense asserted in good faith. This subsection
does not create a warranty obligation and does not apply to a
dispute over the quality of real estate, goods or services
delivered to a customer;
(3) Violates ORS 401.107 { - (1) to (4) - } { + (2) + };
(4) Violates a provision of sections 9 to 14, chapter 19,
Oregon Laws 2008; { - or - }
(5) Violates section 2, chapter 31, Oregon Laws 2008 { - . - }
{ + ; or + }
{ + (6) Employs a collection practice that is unlawful under
ORS 646.639. + }
SECTION 2. { + The amendments to ORS 646.607 by section 1 of
this 2009 Act apply to collection practices employed on or after
the effective date of this 2009 Act. + }
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Enrolled Senate Bill 328 (SB 328-INTRO) Page 1
Passed by Senate February 26, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 1, 2009
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Speaker of House
Enrolled Senate Bill 328 (SB 328-INTRO) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
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Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 328 (SB 328-INTRO) Page 3