646.608
Additional unlawful business, trade practices; proof; rules. (1) A person engages in an
unlawful practice if in the course of the person’s 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
person’s 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 and, through electrical communication
with heating, cooling or ventilation equipment, control room temperature.
(z) Sells or
offers for sale a motor vehicle manufactured after January 1, 2006, that
contains mercury light switches.
(aa) Violates the
provisions of ORS 803.375, 803.385 or 815.410 to 815.430.
(bb) Violates ORS
646A.070 (1).
(cc) Violates any
requirement of ORS 646A.030 to 646A.040.
(dd) Violates the
provisions of ORS 128.801 to 128.898.
(ee) Violates ORS
646.883 or 646.885.
(ff) Violates ORS
646.569 or 646A.374.
(gg) Violates the
provisions of ORS 646A.142.
(hh) Violates ORS
646A.360.
(ii) Violates ORS
646.553 or 646.557 or any rule adopted pursuant thereto.
(jj) Violates ORS
646.563.
(kk) Violates ORS
759.680 or any rule adopted pursuant thereto.
(LL) Violates the
provisions of ORS 759.705, 759.710 and 759.720 or any rule adopted pursuant
thereto.
(mm) Violates ORS
646A.210 or 646A.214.
(nn) Violates any
provision of ORS 646A.124 to 646A.134.
(oo) Violates ORS
646A.095.
(pp) Violates ORS
822.046.
(qq) Violates ORS
128.001.
(rr) Violates ORS
646A.800 (2) to (4).
(ss) Violates ORS
646A.090.
(tt) Violates ORS
87.686.
(uu) Violates ORS
646A.803.
(vv) Violates ORS
646A.362.
(ww) Violates ORS
646A.052 or any rule adopted under ORS 646A.052 or 646A.054.
(xx) Violates ORS
180.440 (1) or 180.486 (1).
(yy) Commits the
offense of acting as a vehicle dealer without a certificate under ORS 822.005.
(zz) Violates ORS
87.007 (2) or (3).
(aaa) Violates
ORS 92.405 (1), (2) or (3).
(bbb) Engages in
an unlawful practice under ORS 646.648.
(ccc) Violates
ORS 646A.365.
(ddd) Violates
ORS 98.853, 98.854, 98.856 or 98.858.
(eee) Sells a
gift card in violation of ORS 646A.276.
(fff) Violates
ORS 646A.102, 646A.106 or 646A.108.
(ggg) Violates
ORS 646A.430 to 646A.450.
(hhh) Violates a
provision of ORS 744.318 to 744.384.
(iii) Violates a
provision of ORS 646A.702 to 646A.720.
(jjj) Violates
ORS 646A.530 30 or more days after a recall notice, warning or declaration
described in ORS 646A.530 is issued for the children’s product, as defined in
ORS 646A.525, that is the subject of the violation.
(kkk) Violates a
provision of ORS 697.612, 697.642, 697.652, 697.662, 697.682, 697.692 or
697.707.
(LLL) Violates
the consumer protection provisions of the Servicemembers Civil Relief Act, 50
U.S.C. 3901 et seq., as in effect on January 1, 2010.
(mmm) Violates a
provision of ORS 646A.480 to 646A.495.
(nnn) Violates
ORS 646A.082.
(ooo) Violates
ORS 646.647.
(ppp) Violates
ORS 646A.115.
(qqq) Violates a
provision of ORS 646A.405.
(rrr) Violates
ORS 646A.092.
(sss) Violates a
provision of ORS 646.644.
(ttt) Violates a
provision of ORS 646A.295.
(uuu) Engages in
the business of, or acts in the capacity of, an immigration consultant, as
defined in ORS 9.280, in this state and for compensation, unless federal law
authorizes the person to do so or unless the person is an active licensee of
the Oregon State Bar.
(vvv) Violates
ORS 702.012, 702.029 or 702.054.
(www) Violates
ORS 646A.806.
(xxx) Violates
ORS 646A.810 (2).
(yyy) Violates
ORS 443.376.
(zzz) Violates a
provision of ORS 646A.770 to 646A.787.
(aaaa) Violates
ORS 815.077.
(bbbb) Violates a
provision of ORS 83.710 to 83.750.
(cccc) Violates
ORS 646A.087.
(dddd) Violates
ORS 646A.815.
(eeee) Violates
ORS 646A.677 (11)(a) or (12).
(2) A
representation under subsection (1) of this section or ORS 646.607 may be any
manifestation of any assertion by words or conduct, including, but not limited
to, a failure to disclose a fact.
(3) In order to
prevail in an action or suit under ORS 336.184 and 646.605 to 646.652, a
prosecuting attorney need not prove competition between the parties or actual
confusion or misunderstanding.
(4) An action or
suit may not be brought under subsection (1)(u) of this section unless the
Attorney General has first established a rule in accordance with the provisions
of ORS chapter 183 declaring the conduct to be unfair or deceptive in trade or
commerce.
(5)
Notwithstanding any other provision of ORS 336.184 and 646.605 to 646.652, if
an action or suit is brought under subsection (1)(xx) of this section by a
person other than a prosecuting attorney, relief is limited to an injunction,
and the prevailing party may be awarded reasonable attorney fees. [1971 c.744 §7
(enacted in lieu of 646.615); 1973 c.235 §2; 1973 c.513 §1; 1975 c.437 §1; 1977
c.195 §2; 1979 c.503 §4; 1983 c.404 §5; 1985 c.251 §10a; 1985 c.538 §3; 1985
c.694 §8; 1985 c.729 §22; 1987 c.626 §5; 1989 c.273 §7; 1989 c.451 §4; 1989
c.458 §3; 1989 c.621 §4; 1989 c.622 §7; 1989 c.623 §3; 1989 c.913 §1; 1991
c.532 §25; 1991 c.672 §8; 1993 c.58 §3; 1993 c.283 §10; 1993 c.582 §11; 1993
c.645 §10; 1993 c.700 §2; 1995 c.713 §6; 1995 c.788 §2; 1997 c.132 §6; 1997
c.806 §2; 1999 c.194 §9; 1999 c.400 §4; 1999 c.669 §3; 1999 c.719 §3; 1999
c.875 §3; 2001 c.924 §§11,13; 2001 c.969 §5; 2003 c.133 §§1,2; 2003 c.486 §§2,3;
2003 c.778 §§4,5; 2003 c.801 §§18,19; 2005 c.42 §§1,2; 2005 c.799 §§2,3; 2007
c.304 §2; 2007 c.538 §18; 2007 c.685 §13; 2007 c.772 §4; 2007 c.820 §8; 2007
c.823 §5; 2008 c.19 §§7,8; 2008 c.31 §§5,6; 2009 c.133 §6; 2009 c.150 §1; 2009
c.170 §1; 2009 c.197 §1; 2009 c.215 §3; 2009 c.310 §2; 2009 c.448 §11; 2009
c.604 §23; 2009 c.711 §21; 2009 c.717 §26; 2011 c.57 §2; 2011 c.502 §3; 2011
c.509 §4; 2012 c.52 §6; 2013 c.54 §8; 2013 c.77 §1; 2013 c.330 §2; 2013 c.493 §5;
2014 c.19 §3; 2015 c.523 §§9,10; 2017 c.113 §§14,15; 2017 c.241 §§2,3; 2017
c.480 §§15,16; 2017 c.656 §§5,6; 2019 c.13 §§59,60; 2019 c.175 §2; 2021 c.578 §12;
2023 c.278 §2; 2023 c.322 §3; 2023 c.410 §6; 2025 c.32 §109; 2025 c.81 §2; 2025
c.160 §2; 2025 c.311 §2; 2025 c.326 §2; 2025 c.343 §2]
Notes of Decisions
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
· cites it 55× “19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
· cites it 24× “608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
Daniel N. Gordon, PC v. Rosenblum, 393 P.3d 1122 (Or. 2017).
· cites it 17× “6 Wolverton analyzed ORS 646.608 (1977), which contained the term “his business” in place of the current version’s “the person’s business.”
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
· cites it 20× “Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
Scharfstein v. BP W. Coast Prods., LLC, 423 P.3d 757 (Or. Ct. App. 2018).
· cites it 22× “A class action for statutory damages may be maintained under the UTPA "only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method,…”
Bohr v. Tillamook Cnty. Creamery Assn., 516 P.3d 284 (Or. Ct. App. 2022).
· cites it 25× “” It also alleged what we understand to be an “induce- ment” theory of loss: “Plaintiffs and the class paid higher prices for Tillamook’s dairy products because of their understanding that the 5 ORS 646.608 provides, in relevant part: “(1) A person engages in an unlawful…”
Denson v. Ron Tonkin Gran Turismo, Inc., 566 P.2d 1177 (Or. 1977).
· cites it 15× “638(1): "Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the wilful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to…”
Fowler v. Cooley, 245 P.3d 155 (Or. Ct. App. 2010).
· cites it 16× “*348 The UTPA provides that “any person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an…”
Millennium Enter., Inc. v. Millennium Music, LP, 33 F. Supp. 2d 907 (D. Or. 1999).
· cites it 11× “As defendants argue, the primary purpose of the Oregon Unlawful Trade Practices Act, which includes § 646.608, is to protect consumers from misleading representations regarding the source of products, thus creating a “likelihood of confusion.”
Horton v. Nelson, 288 P.3d 967 (Or. Ct. App. 2012).
· cites it 17× “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 tractor that defendants never intended to deliver.”
Pearson v. Philip Morris, Inc., 306 P.3d 665 (Or. Ct. App. 2013).
· cites it 19× “638(1), which provides, in part: “[A]ny person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in…”
— Or. Rev. Stat. § 646.608(1) — 53 cases
Daniel N. Gordon, PC v. Rosenblum, 393 P.3d 1122 (Or. 2017).
“6 Wolverton analyzed ORS 646.608 (1977), which contained the term “his business” in place of the current version’s “the person’s business.”
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
“19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
Denson v. Ron Tonkin Gran Turismo, Inc., 566 P.2d 1177 (Or. 1977).
“638(1): "Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the wilful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to…”
— Or. Rev. Stat. § 646.608(1)(Z) — 1 case
— Or. Rev. Stat. § 646.608(1)(a) — 5 cases
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
“19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
— Or. Rev. Stat. § 646.608(1)(aa) — 1 case
— Or. Rev. Stat. § 646.608(1)(aaaa) — 1 case
— Or. Rev. Stat. § 646.608(1)(b) — 16 cases
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
“19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
Bohr v. Tillamook Cnty. Creamery Assn., 516 P.3d 284 (Or. Ct. App. 2022).
“” It also alleged what we understand to be an “induce- ment” theory of loss: “Plaintiffs and the class paid higher prices for Tillamook’s dairy products because of their understanding that the 5 ORS 646.608 provides, in relevant part: “(1) A person engages in an unlawful…”
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
“608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
— Or. Rev. Stat. § 646.608(1)(c) — 3 cases
Millennium Enter., Inc. v. Millennium Music, LP, 33 F. Supp. 2d 907 (D. Or. 1999).
“As defendants argue, the primary purpose of the Oregon Unlawful Trade Practices Act, which includes § 646.608, is to protect consumers from misleading representations regarding the source of products, thus creating a “likelihood of confusion.”
— Or. Rev. Stat. § 646.608(1)(d) — 6 cases
Bohr v. Tillamook Cnty. Creamery Assn., 516 P.3d 284 (Or. Ct. App. 2022).
“” It also alleged what we understand to be an “induce- ment” theory of loss: “Plaintiffs and the class paid higher prices for Tillamook’s dairy products because of their understanding that the 5 ORS 646.608 provides, in relevant part: “(1) A person engages in an unlawful…”
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
— Or. Rev. Stat. § 646.608(1)(e) — 33 cases
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
“19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
“608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
Bohr v. Tillamook Cnty. Creamery Assn., 516 P.3d 284 (Or. Ct. App. 2022).
“” It also alleged what we understand to be an “induce- ment” theory of loss: “Plaintiffs and the class paid higher prices for Tillamook’s dairy products because of their understanding that the 5 ORS 646.608 provides, in relevant part: “(1) A person engages in an unlawful…”
— Or. Rev. Stat. § 646.608(1)(ee) — 3 cases
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
— Or. Rev. Stat. § 646.608(1)(f) — 5 cases
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
“19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
— Or. Rev. Stat. § 646.608(1)(g) — 3 cases
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
“19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
— Or. Rev. Stat. § 646.608(1)(h) — 5 cases
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
“608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
— Or. Rev. Stat. § 646.608(1)(i) — 7 cases
Horton v. Nelson, 288 P.3d 967 (Or. Ct. App. 2012).
“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 tractor that defendants never intended to deliver.”
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
Pearson v. Philip Morris, Inc., 306 P.3d 665 (Or. Ct. App. 2013).
“638(1), which provides, in part: “[A]ny person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in…”
— Or. Rev. Stat. § 646.608(1)(j) — 5 cases
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
Pearson v. Philip Morris, Inc., 306 P.3d 665 (Or. Ct. App. 2013).
“638(1), which provides, in part: “[A]ny person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in…”
— Or. Rev. Stat. § 646.608(1)(k) — 5 cases
— Or. Rev. Stat. § 646.608(1)(kkk) — 2 cases
Scharfstein v. BP W. Coast Prods., LLC, 423 P.3d 757 (Or. Ct. App. 2018).
“A class action for statutory damages may be maintained under the UTPA "only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method,…”
Bohr v. Tillamook Cnty. Creamery Assn., 516 P.3d 284 (Or. Ct. App. 2022).
“” It also alleged what we understand to be an “induce- ment” theory of loss: “Plaintiffs and the class paid higher prices for Tillamook’s dairy products because of their understanding that the 5 ORS 646.608 provides, in relevant part: “(1) A person engages in an unlawful…”
— Or. Rev. Stat. § 646.608(1)(m) — 2 cases
— Or. Rev. Stat. § 646.608(1)(n) — 3 cases
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
“608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
— Or. Rev. Stat. § 646.608(1)(nn) — 1 case
Scharfstein v. BP W. Coast Prods., LLC, 423 P.3d 757 (Or. Ct. App. 2018).
“A class action for statutory damages may be maintained under the UTPA "only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method,…”
— Or. Rev. Stat. § 646.608(1)(p) — 2 cases
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
“608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
— Or. Rev. Stat. § 646.608(1)(q) — 5 cases
Horton v. Nelson, 288 P.3d 967 (Or. Ct. App. 2012).
“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 tractor that defendants never intended to deliver.”
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
— Or. Rev. Stat. § 646.608(1)(r) — 3 cases
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
“608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
— Or. Rev. Stat. § 646.608(1)(rr) — 2 cases
Scharfstein v. BP W. Coast Prods., LLC, 423 P.3d 757 (Or. Ct. App. 2018).
“A class action for statutory damages may be maintained under the UTPA "only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method,…”
Bohr v. Tillamook Cnty. Creamery Assn., 516 P.3d 284 (Or. Ct. App. 2022).
“” It also alleged what we understand to be an “induce- ment” theory of loss: “Plaintiffs and the class paid higher prices for Tillamook’s dairy products because of their understanding that the 5 ORS 646.608 provides, in relevant part: “(1) A person engages in an unlawful…”
— Or. Rev. Stat. § 646.608(1)(s) — 6 cases
— Or. Rev. Stat. § 646.608(1)(t) — 2 cases
— Or. Rev. Stat. § 646.608(1)(ttt) — 2 cases
— Or. Rev. Stat. § 646.608(1)(u) — 15 cases
Scharfstein v. BP W. Coast Prods., LLC, 423 P.3d 757 (Or. Ct. App. 2018).
“A class action for statutory damages may be maintained under the UTPA "only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method,…”
Horton v. Nelson, 288 P.3d 967 (Or. Ct. App. 2012).
“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 tractor that defendants never intended to deliver.”
Clark v. Eddie Bauer LLC, 532 P.3d 880 (Or. 2023).
“Plaintiff argued that defendants’ (and the district court’s) view as to what constitutes an ascer- tainable loss under the UTPA is too limited, noting that many of the provisions of ORS 646.608, including ones she had relied on, prohibit deception in ways that do not relate to…”
— Or. Rev. Stat. § 646.608(1)(zzz) — 1 case
— Or. Rev. Stat. § 646.608(2) — 15 cases
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
“608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
Pearson v. Philip Morris, Inc., 306 P.3d 665 (Or. Ct. App. 2013).
“638(1), which provides, in part: “[A]ny person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in…”
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
“19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
Denson v. Ron Tonkin Gran Turismo, Inc., 566 P.2d 1177 (Or. 1977).
“638(1): "Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the wilful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to…”
— Or. Rev. Stat. § 646.608(3) — 1 case
State ex rel Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
“19 In sum, although the phrase “material to consumer purchasing decisions” does not appear in ORS 646.608 (1)(b) or (e) when viewed in isolation, for all of the reasons discussed above, we conclude that it is necessarily implicit 19 Arguably, the absurd-results canon also comes…”
— Or. Rev. Stat. § 646.608(4) — 10 cases
Scharfstein v. BP W. Coast Prods., LLC, 423 P.3d 757 (Or. Ct. App. 2018).
“A class action for statutory damages may be maintained under the UTPA "only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method,…”
Horton v. Nelson, 288 P.3d 967 (Or. Ct. App. 2012).
“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 tractor that defendants never intended to deliver.”
— Or. Rev. Stat. § 646.608(5) — 1 case
— Or. Rev. Stat. § 646.608(c)(1) — 1 case
Millennium Enter., Inc. v. Millennium Music, LP, 33 F. Supp. 2d 907 (D. Or. 1999).
“As defendants argue, the primary purpose of the Oregon Unlawful Trade Practices Act, which includes § 646.608, is to protect consumers from misleading representations regarding the source of products, thus creating a “likelihood of confusion.”
— Or. Rev. Stat. § 646.608(e) — 2 cases
Millennium Enter., Inc. v. Millennium Music, LP, 33 F. Supp. 2d 907 (D. Or. 1999).
“As defendants argue, the primary purpose of the Oregon Unlawful Trade Practices Act, which includes § 646.608, is to protect consumers from misleading representations regarding the source of products, thus creating a “likelihood of confusion.”
— Or. Rev. Stat. § 646.608(h) — 1 case
— Or. Rev. Stat. § 646.608(l)(a) — 4 cases
Denson v. Ron Tonkin Gran Turismo, Inc., 566 P.2d 1177 (Or. 1977).
“638(1): "Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the wilful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to…”
— Or. Rev. Stat. § 646.608(l)(b) — 6 cases
Daniel N. Gordon, PC v. Rosenblum, 393 P.3d 1122 (Or. 2017).
“6 Wolverton analyzed ORS 646.608 (1977), which contained the term “his business” in place of the current version’s “the person’s business.”
— Or. Rev. Stat. § 646.608(l)(c) — 1 case
— Or. Rev. Stat. § 646.608(l)(e) — 28 cases
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
“608(1)(e), a person engages in an unlawful trade practice if, in the course of that person’s business, vocation, or occupation, the person “[r]epresents that goods * * * have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that [they]…”
Fowler v. Cooley, 245 P.3d 155 (Or. Ct. App. 2010).
“*348 The UTPA provides that “any person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an…”
— Or. Rev. Stat. § 646.608(l)(f) — 3 cases
— Or. Rev. Stat. § 646.608(l)(g) — 9 cases
Denson v. Ron Tonkin Gran Turismo, Inc., 566 P.2d 1177 (Or. 1977).
“638(1): "Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the wilful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to…”
Daniel N. Gordon, PC v. Rosenblum, 393 P.3d 1122 (Or. 2017).
“6 Wolverton analyzed ORS 646.608 (1977), which contained the term “his business” in place of the current version’s “the person’s business.”
— Or. Rev. Stat. § 646.608(l)(h) — 2 cases
— Or. Rev. Stat. § 646.608(l)(i) — 1 case
— Or. Rev. Stat. § 646.608(l)(j) — 4 cases
Denson v. Ron Tonkin Gran Turismo, Inc., 566 P.2d 1177 (Or. 1977).
“638(1): "Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the wilful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to…”
— Or. Rev. Stat. § 646.608(l)(k) — 6 cases
— Or. Rev. Stat. § 646.608(l)(m) — 2 cases
— Or. Rev. Stat. § 646.608(l)(q) — 2 cases
Denson v. Ron Tonkin Gran Turismo, Inc., 566 P.2d 1177 (Or. 1977).
“638(1): "Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the wilful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to…”
— Or. Rev. Stat. § 646.608(l)(r) — 1 case
— Or. Rev. Stat. § 646.608(l)(s) — 6 cases
— Or. Rev. Stat. § 646.608(l)(t) — 7 cases
Fowler v. Cooley, 245 P.3d 155 (Or. Ct. App. 2010).
“*348 The UTPA provides that “any person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an…”
— Or. Rev. Stat. § 646.608(l)(u) — 3 cases
— Or. Rev. Stat. § 646.608(l)(w) — 1 case
— Or. Rev. Stat. § 646.608(lXb) — 1 case
— Or. Rev. Stat. § 646.608(u) — 3 cases
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