Statute Text
Additional unlawful business, trade practices; proof; rules.
(1) A person engages in an
unlawful practice if in the course of the persons business, vocation or
occupation the person does any of the following:
(a) Passes off
real estate, goods or services as the real estate, goods or services 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 the
real estate, goods or services 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 the real estate or goods 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 the
real estate, goods or services 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 the real estate,
goods or services 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 if the owner or apparent
owner of the goods or real estate does not authorize the service or
dismantling.
(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 an event occurring after 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 the real estate, goods or services 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
persons 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, consignment sales, auctioneers,
consignees or auction marts under ORS 698.640, whether in a commercial or
noncommercial situation.
(w) Manufactures
mercury fever thermometers.
(x) Sells or
supplies mercury fever thermometers unless the thermometer is required by
federal law, or is:
(A) Prescribed by
a person licensed under ORS chapter 677; and
(B) Supplied with
instructions on the careful handling of the thermometer to avoid breakage and
on the proper cleanup of mercury should breakage occur.
(y) Sells a
thermostat that contains mercury, unless the thermostat is labeled in a manner
to inform the purchaser that mercury is present in the thermostat and that the
thermostat may not be disposed of until the mercury is removed, reused,
recycled or otherwise managed to ensure that the mercury does not become part
of the solid waste stream or wastewater. For purposes of this paragraph, thermostat
means a device commonly used to sense an