646.612
Application of ORS 646.607 and 646.608. ORS 646.607 and 646.608 do not apply to:
(1) Conduct in
compliance with the orders or rules of, or a statute administered by a federal,
state or local governmental agency.
(2) Acts done by
the publisher, owner, agent or employee of a newspaper, periodical, telephone
directory or radio or television station in the publication or dissemination of
an advertisement, when the publisher, owner, agent or employee did not have knowledge
of the false, misleading or deceptive character of the advertisement. [1971
c.744 §10; 1977 c.195 §5; 2005 c.577 §1]
646.615 [1965 c.490 §3; 1967 c.144 §1;
1967 c.599 §2; repealed by 1971 c.744 §6 (646.608 enacted in lieu of 646.615)]
Notes of Decisions
Rathgeber v. James Hemenway, Inc., 69 P.3d 710 (Or. 2003).
· cites it 5× “Defendants respond, first, that ORS 646.612(1) prevents the statutory disclosure form from providing the basis for an action under the UTPA because that statute provides that the UTPA does not apply to “[c]onduct in compliance with * * * a statute administered by a federal,…”
Hinds v. Paul's Auto Werkstatt, Inc., 810 P.2d 874 (Or. Ct. App. 1991).
· cites it 7× “Policy reasons that the FTC gave for its choice in enacting its regulations do not determine the construction of ORS 646.612. The purpose of UTPA is to protect consumers from certain acts.”
State ex rel. Frohnmayer v. Freeman, 884 P.2d 878 (Or. Ct. App. 1994).
“In Hinds, we concluded that, short of the point that a regulatory body’s rules required a party to act inconsistently with the UTPA, the exemption in ORS 646.612(1) for “ [c]onduct in compliance with the orders or rules of, or a statute administered by a federal, state or local…”
Or. Rev. Stat. § 646.612(1): 4 cases
Rathgeber v. James Hemenway, Inc., 69 P.3d 710 (Or. 2003).
“Defendants respond, first, that ORS 646.612(1) prevents the statutory disclosure form from providing the basis for an action under the UTPA because that statute provides that the UTPA does not apply to “[c]onduct in compliance with * * * a statute administered by a federal,…”
Hinds v. Paul's Auto Werkstatt, Inc., 810 P.2d 874 (Or. Ct. App. 1991).
“Policy reasons that the FTC gave for its choice in enacting its regulations do not determine the construction of ORS 646.612. The purpose of UTPA is to protect consumers from certain acts.”
State ex rel. Frohnmayer v. Freeman, 884 P.2d 878 (Or. Ct. App. 1994).
“In Hinds, we concluded that, short of the point that a regulatory body’s rules required a party to act inconsistently with the UTPA, the exemption in ORS 646.612(1) for “ [c]onduct in compliance with the orders or rules of, or a statute administered by a federal, state or local…”
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