HB 3605
Punishes a violation of the laws that regulate home solicitation sales as an unlawful practice under the Unlawful Trade Practices Act.
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Sign in to take actionPublic sentiment
Support
67%
Oppose
33%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill makes it illegal for sellers to violate laws regulating home solicitation sales and allows consumers to sue those sellers. Specifically, it amends Oregon laws to treat violations of regulations concerning these sales as unlawful practices under the Unlawful Trade Practices Act. The bill also expands the scope of what constitutes an unlawful practice under Oregon law, covering a wider range of deceptive representations and conduct. It takes effect 91 days after the legislative session ends.
Key provisions
- Defines violations of home solicitation sales regulations as unlawful practices under the Unlawful Trade Practices Act.
- Allows consumers to sue sellers who violate these regulations.
- Amends ORS 83.990 to punish violations of specific home solicitation sales laws (ORS 83.510 to 83.680).
- Amends ORS 646.608 to broaden the definition of ‘unlawful practice’ to include various deceptive representations.
- Establishes a process for correcting violations within 10 days of notification.
- Specifies penalties for different types of violations (Class A, Class B misdemeanors).
- Sets a 91-day effective date for the bill.
- Includes a list of specific violations that trigger the unlawful practice provisions.
Who is affected
- Consumers
- Home solicitation sellers
- Businesses engaging in home solicitation sales
- Oregon State Attorneys General
- Retailers
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsors
Cosponsors
Arguments in favor
Reasons to support this legislation.
The testimony in support of HB 3605 A emphasizes the need for clearer protections against unscrupulous sales tactics that can harm older adults' financial security and well-being. Proponents argue that the bill aims to align Oregon's Unlawful Trade Practices Act with common law precedent, providing enhanced clarity and consistency in caselaw, particularly for vulnerable populations such as communities of color. By doing so, supporters believe this legislation will better safeguard consumers from deceptive sales practices, promoting fairness and justice in the marketplace.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Opponents of the bill express concerns that it would have far-reaching and unintended consequences. They argue that certain provisions in the legislation could negatively impact various sectors, including small businesses like Girl Scout cookie sellers, which may be affected by changes to tax laws or regulations. Additionally, testifiers with personal objections to specific aspects of the bill emphasize the need for careful consideration and revision to ensure that the proposed policy aligns with their values and priorities. By highlighting these concerns, opponents seek to underscore the importance of thorough evaluation and potential modifications to the legislation before its implementation.
Source: Testimony Summaries