Oregon Revised Statutes Chapter 650 § 650.132 — Prohibition on coercing dealers to take certain actions

Prohibition on coercing dealers to take certain actions. (1)(a) A manufacturer, distributor or importer may not, through any of the methods described in paragraph (b) of this subsection, directly or indirectly coerce or attempt to coerce a dealer to: (A) Advertise, promote, offer or sell an extended service contract, an extended maintenance plan, a guaranteed asset protection waiver or other arrangement that pays a purchaser the remaining balance on a note secured by a motor vehicle if the motor vehicle is lost, stolen or damaged beyond repair, or a similar product or service, if the manufacturer, distributor or importer provides, originates, sponsors or endorses the product or service; (B) Install on the dealer’s premises an electric vehicle charging station for the primary purpose of allowing the public to charge electric vehicles; or (C) Accept a new plan or system for allocating or scheduling a delivery of a motor vehicle, part or accessory, or a modification to an existing plan or system, if the new or modified plan or system is not fair, reasonable and equitable for all dealers of the manufacturer’s, distributor’s or importer’s line-make. (b) Prohibited methods for coercing or attempting to coerce a dealer include, but are not limited to: (A) Stating to a dealer that the dealer’s failure to advertise, promote, offer or sell the products or services described in paragraph (a)(A) of this subsection will substantially and adversely affect the dealer’s business or the dealer’s relationship with the manufacturer, distributor or importer; (B) Requiring the dealer in a franchise agreement to advertise, promote, offer or sell the products or services described in paragraph (a)(A) of this subsection, install the electric vehicle charging station described in paragraph (a)(B) of this subsection or accept the plan or system described in paragraph (a)(C) of this subsection; (C) Measuring the dealer’s performance in a franchise on the basis of whether, or the extent to which, the dealer advertises, promotes, offers or sells the products or services described in paragraph (a)(A) of this subsection, installs the electric vehicle charging station described in paragraph (a)(B) of this subsection or accepts the plan or system described in paragraph (a)(C) of this subsection; (D) Requiring the dealer to advertise, promote, offer or sell the products or services described in paragraph (a)(A) of this subsection to the exclusion of other, similar products or services that a person other than the manufacturer, distributor or importer offers; (E) Using force or a threat of force; (F) Withholding or threatening to withhold motor vehicles or parts from the dealer, or offering or providing motor vehicles or parts to the dealer at a price that is higher than the price that the manufacturer, distributor or importer offers or provides to other dealers of the manufacturer’s, distributor’s or importer’s line-make; or (G) Refusing to offer to the dealer or to allow the dealer to earn incentives on the same terms that the manufacturer, distributor or importer offers or provides to other dealers of the manufacturer’s, distributor’s or importer’s line-make. (2) The prohibition in subsection (1) of this section does not affect a manufacturer’s, distributor’s or importer’s right or ability to: (a) Provide incentives to a dealer that voluntarily decides to advertise, promote, offer or sell the products or services described in subsection (1)(a)(A) of this section or to install the electric vehicle charging station described in subsection (1)(a)(B) of this section; or (b) Require a dealer that sells a product or service that is similar to the products or services described in subsection (1)(a)(A) of this section, but that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse, to notify a customer in writing, and to obtain the customer’s acknowledgment, that the manufacturer, distributor or importer does not provide, originate, sponsor or endorse the product or service. (3) A manufacturer, distributor or importer is not coercing a dealer if the manufacturer, distributor or importer requires the dealer to comply with reasonably necessary standards to fulfill the dealer’s sales and service obligations. (4) At a dealer’s written request, a manufacturer, distributor or importer shall describe in writing the basis for allocating or scheduling for delivery a motor vehicle, part or accessory among all the dealers of the manufacturer’s, distributor’s or importer’s line-make. (5) A manufacturer, distributor or importer need not pay or make available incentives or other benefits to a dealer that has not qualified for the incentives or benefits on the same terms that the manufacturer, distributor or importer applies uniformly and equitably to all of the dealers of the manufacturer’s, distributor’s or importer’s line-make. [2015 c.584 §2; 2025 c.50