646A.293
Definitions for ORS 646A.293 and 646A.295. As used in this section and ORS 646A.295:
(1) “Automatic
renewal” means a plan or arrangement in which a paid subscription or purchasing
agreement is automatically renewed at the end of a definite term for a
subsequent term.
(2) “Clear and
conspicuous” means in larger type than the surrounding text, or in contrasting
type, font or color to the surrounding text of the same size, or set off from
the surrounding text of the same size by symbols or other marks, in a manner
that clearly calls attention to the language. In the case of an audio
disclosure, “clear and conspicuous” means in a volume and cadence sufficient to
be readily audible and understandable.
(3) “Consumer”
means any individual who seeks or acquires, by purchase or lease, any goods,
services, money or credit for personal, family or household purposes.
(4) “Continuous
service” means a plan or arrangement in which a paid subscription or purchasing
agreement continues until the consumer cancels the service.
(5) “Offer terms”
means the following clear and conspicuous disclosures:
(a) That the
subscription or purchasing agreement will continue until the consumer cancels.
(b) The
description of the cancellation policy that applies to the offer.
(c) The recurring
charges that will be charged to the consumer’s credit or debit card or payment
account with a third party as part of the automatic renewal or continuous
service plan or arrangement, and, if the amount of the charge will change, the
amount to which the charge will change, if known.
(d) The length of
the automatic renewal term or that the service is continuous, unless the length
of the term is chosen by the consumer.
(e) The minimum
purchase obligation, if any.
(6) “Person” has
the meaning given that term in ORS 646.605. [2011 c.509 §2]
Notes of Decisions
Walkingeagle v. Google LLC (D. Or. 2023).
· cites it 4× “” ORS 646A.293(2). I face the question of whether a judge can decide if a reasonable consumer would find the disclosures to be clear and conspicuous based on the checkout page and acknowledgement email screenshots included in the CSAC, or whether the analysis is based on a…”
In re Amazon Subscription Servs. Litig. (W.D. Wash. 2024).
· cites it 2× “Code 16 § 17601(b); ORS 646A.293. 17 (b) Affirmative Consent 18 19 Plaintiffs next contend that Amazon fails to obtain consumers’ affirmative consent: 20 “Defendants do not at any point during the checkout process require consumers to read or affirmatively agree to any terms of…”
Adams v. Amazon.com Inc (W.D. Wash. 2024).
“Code 21 §§ 17601, 17602; ORS §§ 646A.293, 646A.295. On further review, the Court finds no case law 22 pertaining to Virginia ARL in disagreement with this Court’s analysis of ARLs in its previous 23 order, Dkt.”
In re Amazon Subscription Servs. Litig. (W.D. Wash. 2024).
“Code 21 §§ 17601, 17602; ORS §§ 646A.293, 646A.295. On further review, the Court finds no case law 22 pertaining to Virginia ARL in disagreement with this Court’s analysis of ARLs in its previous 23 order, Dkt.”
Dorobiala v. Amazon.com Inc (W.D. Wash. 2024).
“Code 21 §§ 17601, 17602; ORS §§ 646A.293, 646A.295. On further review, the Court finds no case law 22 pertaining to Virginia ARL in disagreement with this Court’s analysis of ARLs in its previous 23 order, Dkt.”
TruNorth Warranty Plans of North Am. v. DCBS, 536 P.3d 24 (Or. Ct. App. 2023).
“400(2) (so defining “consumer” in the context of enforcement of express warran- ties on new motor vehicles). However, all of those definitions are explicit that they apply only to their respective sections within chapter 646A.”
— Or. Rev. Stat. § 646A.293(2) — 2 cases
Walkingeagle v. Google LLC (D. Or. 2023).
“” ORS 646A.293(2). I face the question of whether a judge can decide if a reasonable consumer would find the disclosures to be clear and conspicuous based on the checkout page and acknowledgement email screenshots included in the CSAC, or whether the analysis is based on a…”
In re Amazon Subscription Servs. Litig. (W.D. Wash. 2024).
“Code 16 § 17601(b); ORS 646A.293. 17 (b) Affirmative Consent 18 19 Plaintiffs next contend that Amazon fails to obtain consumers’ affirmative consent: 20 “Defendants do not at any point during the checkout process require consumers to read or affirmatively agree to any terms of…”
— Or. Rev. Stat. § 646A.293(3) — 1 case
TruNorth Warranty Plans of North Am. v. DCBS, 536 P.3d 24 (Or. Ct. App. 2023).
“400(2) (so defining “consumer” in the context of enforcement of express warran- ties on new motor vehicles). However, all of those definitions are explicit that they apply only to their respective sections within chapter 646A.”
— Or. Rev. Stat. § 646A.293(5)(a) — 1 case
Walkingeagle v. Google LLC (D. Or. 2023).
“” ORS 646A.293(2). I face the question of whether a judge can decide if a reasonable consumer would find the disclosures to be clear and conspicuous based on the checkout page and acknowledgement email screenshots included in the CSAC, or whether the analysis is based on a…”
— Or. Rev. Stat. § 646A.293(5)(b) — 1 case
Walkingeagle v. Google LLC (D. Or. 2023).
“” ORS 646A.293(2). I face the question of whether a judge can decide if a reasonable consumer would find the disclosures to be clear and conspicuous based on the checkout page and acknowledgement email screenshots included in the CSAC, or whether the analysis is based on a…”
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