Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 646.607

Unlawful business, trade practices

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      646.607 Unlawful business, trade practices. A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person:

      (1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obligation.

      (2) Fails to deliver all or any portion of real estate, goods or services as promised, and at a customer’s request, fails to refund money that the customer gave to the person to purchase the undelivered real estate, goods or services and that the person does not retain pursuant to any right, claim or defense the person may assert 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 401.965 (2).

      (4) Violates a provision of ORS 646A.725 to 646A.750.

      (5) Violates ORS 646A.530.

      (6) Employs a collection practice that is unlawful under ORS 646.639.

      (7) Is a beneficiary that violates ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2).

      (8) Violates ORS 646A.093.

      (9) Violates a provision of ORS 646A.600 to 646A.628.

      (10) Violates ORS 646A.808 (2).

      (11) Violates ORS 336.184.

      (12) Publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation.

      (13) Violates ORS 646A.813 (2).

      (14) Violates ORS 137.930 (1). [1977 c.195 §4; 1979 c.505 §1; 2003 c.759 §§9,10; 2007 c.223 §6; 2008 c.19 §16; 2008 c.31 §4; 2009 c.60 §1; 2013 c.304 §13; 2013 c.433 §2; 2015 c.128 §2; 2015 c.357 §4; 2015 c.528 §3; 2017 c.145 §1; 2019 c.193 §2; 2021 c.305 §2; 2021 c.486 §5; 2021 c.305 §3]

Notes of Decisions
Cited in 41 cases (14 in the last 5 years), 1979–2026 · leading case: Daniel N. Gordon, PC v. Rosenblum
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Daniel N. Gordon, PC v. Rosenblum (2017) or · cites it 22× “607 provides, in part: “A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person: “(1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or…”
State Ex Rel. Redden v. Discount Fabrics, Inc. (1980) or · cites it 10× “642(3) provides that the state may recover such a civil penalty upon a finding that "a person is wilfully using or has wilfully used a method, act or practice declared unlawful by ORS 646.607 or 646.608 * * *." (Emphasis added).”
Gordon v. Rosenblum (2016) orctapp · cites it 28× “633, when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 or ORS 646.608, the prosecuting attorney may execute in writing and cause to be served an…”
State ex rel Rosenblum v. Living Essentials, LLC (2023) or · cites it 3× “608, ORS 646.607, and ORS 646.605, which are all part of the UTPA, have been amended since then.”
State ex rel Rosenblum v. Living Essentials, LLC (2021) orctapp · cites it 6× “636 (authorizing court to “make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.”
Horton v. Nelson (2012) orctapp · cites it 7× “The UTPA makes it unlawful for a person to engage in business practices declared unlawful by ORS 646.607 or ORS 646.608. Plaintiff alleges that defendants, while engaging in a common plan with Kennedy and the company, violated both statutes by inducing plaintiff to purchase a…”
Pearson v. Philip Morris, Inc. (2015) or · cites it 2× “608 (enumerating approximately 76 additional unlawful trade practices).”
Lund v. Arbonne International, Inc. (1994) orctapp · cites it 2× “” 5 ORS 646.607 provides, in part: “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 sale, rental or other disposition of real estate, goods or…”
Colquitt v. Manufacturers & Traders Trust Co. (2015) ord · cites it 2× “421; unfair trade practices in violation of Oregon Revised Statute § 646.607, et seq.; violation of the Equal Credit Opportunity Act (ECOA), 15 U.”
Mikityuk v. Northwest Trustee Services, Inc. (2013) ord · cites it 2× “Defendants’ request for judicial notice (# 28) is GRANTED. 2. MOTION TO DISMISS 2a. Plaintiffs’ Claims Under Oregon’s UTPA In responding to defendants’ motion to dismiss, plaintiffs request leave to amend their.”
State v. Azar (2022) orctapp · cites it 2× “605(9), which provided that “ ‘[u]nconscionable tactics’ include, but are not limited to, [list of four examples].”
Lithia Motors, Inc. v. Yovan (2009) orctapp · cites it 2× “However, the unlawful trade practice statutes also authorize the state, through district attorneys and the Attorney General, to bring actions to enjoin unlawful trade practices, ORS 646.632, and to recover civil penalties up to $25,000 for each trade practice violation.”
Show all 41 citing cases →
— Or. Rev. Stat. § 646.607(1) — 8 cases
Daniel N. Gordon, PC v. Rosenblum (2017) or “607 provides, in part: “A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person: “(1) Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or…”
Gordon v. Rosenblum (2016) orctapp “633, when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 or ORS 646.608, the prosecuting attorney may execute in writing and cause to be served an…”
State ex rel Rosenblum v. Living Essentials, LLC (2021) orctapp “636 (authorizing court to “make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.”
State v. Azar (2022) orctapp “605(9), which provided that “ ‘[u]nconscionable tactics’ include, but are not limited to, [list of four examples].”
Lund v. Arbonne International, Inc. (1994) orctapp “” 5 ORS 646.607 provides, in part: “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 sale, rental or other disposition of real estate, goods or…”
— Or. Rev. Stat. § 646.607(1)(e) — 1 case
Martin v. Cahill (1988) orctapp
— Or. Rev. Stat. § 646.607(2) — 2 cases
State ex rel. Frohnmayer v. Freeman (1994) orctapp
Lawson v. Palm Harbor Homes, Inc. (2022) ord
— Or. Rev. Stat. § 646.607(6) — 2 cases
Gordon v. Rosenblum (2016) orctapp “633, when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 or ORS 646.608, the prosecuting attorney may execute in writing and cause to be served an…”
Donald Johnson, individually and on behalf of all others similarly situated v. Select Portfolio Servicing, Inc. (2025) ord
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