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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3966
Sponsored by Representative LIVELY
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Says what a person must tell a resident before selling or leasing a solar energy system
to the resident. Says what must be in a contract for a sale or lease of a solar energy system. (Flesch
Readability Score: 64.0).
Requires a solar energy contractor or person that installs a solar energy system to have a li-
cense appropriate for the scope of work the solar energy contractor or person will perform.
Specifies disclosures required in purchase agreements, lease agreements and power purchase
agreements related to solar energy systems. Specifies elements and provisions that an installation
contract for a solar energy system must have.
Prohibits deceptive statements concerning the provisions of an installation contract. Punishes
a violation or a failure to comply with the provisions of the Act as an unlawful practice under the
Unlawful Trade Practices Act.
A BILL FOR AN ACT
Relating to solar energy systems; creating new provisions; and amending ORS 646.608.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
As used in sections 1 to 5 of this 2025 Act:
(1) “Customer” means a resident that owns or leases residential real property and re-
ceives a solicitation from, or executes a contract with, a solar energy contractor to purchase
and install a solar energy system on residential real property that the resident owns or
leases.
(2) “Dealer fee” means an amount that a solar energy contractor or sales agent pays to
a lender in order to offer a customer credit to finance a purchase and installation of a solar
energy system.
(3) “Electric utility” has the meaning given that term in ORS 757.300.
(4) “Installation contract” means an agreement between a solar energy contractor and
a customer, or a sales agent and a customer, the purpose of which is to provide for installing
a solar energy system on the customer’s residential real property for a total cost that ex-
ceeds $1,000.
(5) “License” means a license the Department of Consumer and Business Services issues
under ORS 479.630 or 479.910 to authorize a person to engage in business or employment as
an electrical contractor, a limited renewable energy contractor, a general supervising
electrician, a limited supervising electrician, a general journeyman electrician, a limited en-
ergy technician or a limited renewable energy technician.
(6) “Major component” means an inverter, power module, solar panel, rack or battery
or other energy storage system included in a solar energy system.
(7) “Nameplate rating” means a solar energy system’s normal maximum operating ca-
pacity at full load, measured, as appropriate, in watts, kilowatts or other applicable meas-
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4687
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urements.
(8) “Net metering” has the meaning given that term in ORS 757.300.
(9) “Power purchase agreement” means an agreement between a resident and another
person under the terms of which the other person:
(a) Arranges for a solar energy contractor to supply and install a solar energy system
on residential real property at little or no cost to the resident; and
(b) Sells the power generated from the solar energy system to the resident.
(10) “Resident” means an individual natural person who resides in this state.
(11) “Sales agent” means a person that solicits, negotiates or executes an installation
contract with a resident on behalf of a solar energy contractor.
(12)(a) “Solar energy contractor” means a person that engages in the business of:
(A) Selling or leasing solar energy systems to customers;
(B) Installing solar energy systems on residential real property on behalf of another
person; or
(C) Selling power from solar energy systems installed on residential real property to
residents under the terms and conditions of power purchase agreements.
(b) “Solar energy contractor” does not include:
(A) A resident who installs a solar energy system on the resident’s own property; or
(B) A person from which a resident may purchase a solar energy system at retail that
the resident may install or have a third party install on residential real property the resident
owns or leases.
(13) “Solar energy system” means an assembly of wiring, equipment, devices and com-
ponents that has the primary purpose of converting sunlight into electricity by photovoltaic
effect for a resident’s use for personal, family or household purposes, that may have the
capacity to store and transfer the electricity and that could qualify as a net metering facility.
(14) “Solicitation” means communication with a resident for the purpose of offering, ne-
gotiating or executing an installation contract that involves contact by any of the following
methods:
(a) In person;
(b) A telephone call or text message;
(c) An advertisement through the Internet, television, radio or printed publication;
(d) Direct mail or flyers left at a resident’s property; or
(e) Other methods that attract a resident’s attention and cause the resident to contact
the sales agent.
SECTION 2.
A sales agent or solar energy contractor may not execute or perform an
installation contract with a resident unless the sales agent or solar energy contractor and
any person that under the terms of the installation contract installs, repairs, replaces or
maintains a solar energy system on the sales agent’s or solar energy contractor’s behalf has
a license that is necessary and appropriate for the scope of work the person will perform.
SECTION 3. (1)(a) Before concluding a sale or lease of a solar energy system to a resident
or before entering into a power purchase agreement with a resident, a sales agent or solar
energy contractor shall provide the resident with the following disclosures:
(A) A disclosure with the elements listed in subsection (2) of this section if the sales
agent or solar energy contractor sells a solar energy system to a resident;
(B) A disclosure with the elements listed in subsection (3) of this section if the sales
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agent or solar energy contractor leases a solar energy system to a resident; or
(C) A disclosure with the elements listed in subsection (4) of this section if the sales
agent or solar energy contractor enters into a power purchase agreement with the resident.
(b) A disclosure described in paragraph (a) of this subsection must be written in plain
language, may not exceed four pages in length and must consist of text that is not smaller
than the equivalent of a 10-point printed typeface.
(c) A sales agent or solar energy contractor may make a disclosure described in para-
graph (a) of this subsection orally, but must include the same elements and use the same
language the sales agent or solar energy contractor must use in a written disclosure under
paragraph (a) of this subsection.
(2) A disclosure for a sale of a solar energy system must:
(a) State a name, telephone number, business address and any available electronic con-
tact information for the sales agent or solar energy contractor and for the person that will
install the solar energy system, if the solar energy contractor will not install the solar en-
ergy system.
(b) List the name and license number of the limited renewable energy technician that
will install, maintain, replace or repair the solar energy system and the license number of
the limited renewable energy contractor that employs the limited renewable energy techni-
cian.
(c) State the purchase price of the solar energy system, including as separate items all
applicable fees, taxes, installation charges, surcharges or other costs and expenses that the
resident would pay for the complete solar energy system as installed on the resident’s prop-
erty.
(d) State the exact amount the sales agent or solar energy contractor paid as a dealer
fee or other inducement to a lender to obtain financing, even if the financing is not incor-
porated directly into the installation contract.
(e) State all amounts due upon execution of the contract of sale and at the time instal-
lation of the solar energy system begins or ends.
(f) Estimate the dates on which installation of the solar energy system will begin and
end.
(g) Describe the solar energy system with the following details:
(A) All major components that will compose the solar energy system;
(B) The capacity of the solar energy system measured in direct current kilowatts, if ap-
propriate, and the estimated production of electricity during the first year of use;
(C) Whether the solar energy system includes an energy storage component and, if so,
the capacity of the energy storage component measured in kilowatt hours; and
(D) An estimate of the expected degradation in electricity generation capacity per year
of use.
(h) Estimate the amount of electrical energy the solar energy system will produce in the
first year of operation, measured in kilowatt hours, and describe the methodology used in
determining the estimate, which must:
(A) Use a nationally recognized industry-standard tool;
(B) Consider the site-specific characteristics of the solar energy system, such as the lo-
cation, orientation and angle of the solar energy system’s photovoltaic panels and any shade
that affects the reception of sunlight;
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(C) Account, at a minimum, for differences in electric energy production during the
month of June and the month of December; and
(D) Not exceed the optimal performance rating that the manufacturer specifies for the
inverter incorporated into the solar energy system.
(i) Explain the annual accounting for, or disposition of, any unused net metering credits
or other applicable credits.
(j) Estimate in good faith the electric energy cost savings the resident will realize by
using electricity generated from the solar energy system during the first 12 months after the
solar energy system is interconnected with the local electric utility’s power grid. The esti-
mate must calculate savings using the electric utility’s current policy, billing rate and
method of valuing excess kilowatt hours that applies to the resident’s electricity use unless
an updated policy, billing rate and method of valuing excess kilowatt hours has been ap-
proved and finalized and will apply during the 12-month period. The estimate may use a de-
tailed history of the resident’s electricity use for the calculation if the resident agrees.
(k) State that the solar energy system does not provide backup electric power unless the
system has an energy storage component.
(L) State whether and the extent to which the purchase of the solar energy system in-
cludes maintenance or repairs for the solar energy system and the annual or per-incident
cost of the maintenance or repairs, as appropriate, to the resident.
(m) State whether and the extent to which the solar energy contractor or the person
that installs the solar energy system provides an allowance or warranty for repairs to the
resident’s property as a consequence of the installation or removal of the solar energy sys-
tem.
(n) Describe any performance or production guarantee for the solar energy system.
(o) Describe the basis for any estimates of savings in the resident’s monthly or annual
cost of energy, which must include:
(A) The current rate at which the resident receives electricity from the resident’s elec-
tric utility;
(B) The assumptions used in estimating any projected increases in the rate;
(C) Which fixed costs to the resident will not change in proportion to or in connection
with the resident’s use of electricity or the solar energy system’s generation of electricity;
and
(D) An estimate of the solar energy system’s production of electricity that will exceed
the resident’s needs and an estimated rate or amount of compensation the resident can ex-
pect to receive from the electric utility as compensation for the excess electricity.
(p) State the name of, and contact information for, the person that will approve any
interconnection of the solar energy system with the power grid of the resident’s local electric
utility.
(q) State who will receive any available renewable energy tax credits, any unused appli-
cable bill credits from on-site generation or other credits.
(r) Include a statement with substantially the following language:
If your solar energy system is installed on residential property, your tax liability must
be sufficiently large to use the residential clean energy credit. The residential clean energy
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credit allows you to offset taxes that you owe to the federal government but does not provide
money directly to you. IF YOU ARE PARTICIPATING IN GOVERNMENT ASSISTANCE
PROGRAMS OR ARE ON A FIXED INCOME, YOU MIGHT NOT BE ELIGIBLE FOR THE
RESIDENTIAL CLEAN ENERGY CREDIT. Related items may not be eligible for the tax
credit, including the cost of repairs to your roof and financing fees. You should consult an
independent tax professional if you are relying on the tax credit to afford the cost of the
solar energy system installation. For more information, contact the Internal Revenue Ser-
vice.
(s) Include separate statements with substantially the following language:
(A) “It is important to understand that electric utility rates and net metering program
rates may go up or down and actual savings may vary. Historical data are not necessarily
representative of future results. For further information about rates, contact your local
electric utility or the Public Utility Commission. Tax incentives and other incentives avail-
able from a state government or the federal government are subject to change, expiration
or termination, which may affect estimates of savings. Please read your contract carefully
for more details.”
(B) “The federal tax credit for residential solar energy systems can only reduce your
taxes and is not refundable. Any unused credits may be used in later years. For more infor-
mation, contact the Internal Revenue Service.”
(3) A disclosure for a lease of a solar energy system, in addition to including all applicable
disclosures listed in subsection (2) of this section, must:
(a) State the lease term;
(b) State the monthly payments due from the resident during the first year of the lease
term;
(c) State the rate or rates at which monthly payments will increase and the first date
on which an increase will occur;
(d) Estimate the total number of lease payments the resident will make during the entire
term of the lease and the total amount the resident will pay under the lease;
(e) State the dates on which payments will be due under the lease and the manner in
which the resident will receive invoices for payment;
(f) List any applicable fees, including recurring fees, such as fees for late payments, fees
to remove the solar energy system from the resident’s property, fees to file or perfect a se-
curity interest in the solar energy system, fees to process payments or fees to connect the
solar energy system to the Internet;
(g) State whether the lessor will record a fixture filing, as defined in ORS 72A.3090, for
the solar energy system; and
(h) Describe any restrictions or permissions given with respect to an assignment or del-
egation of the lease or with respect to ownership or retention of the solar energy system if
the resident sells the property upon which the solar energy system is installed.
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(4) A disclosure for a power purchase agreement with a resident, in addition to including
all applicable disclosures listed in subsection (2) of this section, must:
(a) State the term of the power purchase agreement;
(b) State the monthly payments due from the resident during the first year of the power
purchase agreement;
(c) State the rate or rates at which monthly payments will increase and the first date
on which an increase will occur;
(d) Estimate the total number of payments the resident will make during the entire term
of the power purchase agreement and the total amount the resident will pay under the power
purchase agreement;
(e) State the dates on which payments will be due under the power purchase agreement
and the manner in which the resident will receive invoices for payment;
(f) List any applicable fees, including recurring fees, such as fees for late payments, fees
to remove the solar energy system from the resident’s property, fees to file or perfect a se-
curity interest in the solar energy system, fees to process payments or fees to connect the
solar energy system to the Internet;
(g) State whether the lessor will record a fixture filing, as defined in ORS 72A.3090, for
the solar energy system; and
(h) Describe any restrictions or permissions given with respect to an assignment or del-
egation of the power purchase agreement or with respect to ownership or retention of the
solar energy system if the resident sells the property upon which the solar energy system
is installed.
(5) A sales agent or solar energy contractor shall submit to a resident’s local electric
utility a written disclosure with the resident’s signature that is appropriate for the type of
transaction in which the resident will engage, along with other materials needed for an ap-
plication for interconnection with the local electric utility’s power grid.
SECTION 4.
(1) An installation contract must:
(a) Be legibly printed or written;
(b) Use the same language used in any solicitation made to the customer that executes
the installation contract;
(c) Incorporate provisions that are substantially similar to any material promises or
provisions included in the solicitation; and
(d) List the name, license number, telephone number, business address, electronic mail
address or other electronic contact information for the sales agent or solar energy contrac-
tor that executes the installation contract.
(2) The terms and conditions of an installation contract must have, at a minimum, the
following provisions:
(a) An itemized list of the work or labor necessary for the installation, repair, replace-
ment or maintenance of the solar energy system, including any known or anticipated up-
grades needed for the electrical system or electric utility equipment on the customer’s real
property.
(b) The total cost to the customer of the solar energy system, including:
(A) All work described in paragraph (a) of this subsection;
(B) The cost per watt to the customer, calculated as the total cost of the solar energy
system and all work described in paragraph (a) of this subsection divided by the total
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nameplate rating for the solar energy system; and
(C) Any differences between this element of the installation contract and the cost of the
solar energy system as disclosed under section 3 (2)(c) of this 2025 Act.
(c) A list of the operating costs, costs of maintenance and costs of warranty service for
the solar energy system that the customer is liable for under the installation contract.
(d) A detailed payment schedule that lists all anticipated project milestones for the in-
stallation, explains when payments are due at each identified milestone and notes any points
at which the customer may cancel the installation, specifying the amount of any refund due
to the customer upon cancellation and any fee the solar energy contractor or sales agent
may charge the customer for the cancellation.
(e) A list of the model and brand name of each major component of the solar energy
system, noting if necessary that a model or brand name may change after the execution of
the installation contract and providing that the solar energy contractor or sales agent will
amend the installation contract with the customer’s consent to reflect any changes.
(f) A description of the duration and coverage of each manufacturer’s warranty, and any
other warranty the solar energy contractor provides, for the solar energy system and each
major component.
(g) A list of all maintenance activities, including but not limited to replacing the inverter,
that the customer must perform to ensure that the solar energy system functions as in-
tended and to ensure coverage under the terms of the manufacturer’s or solar energy
contractor’s warranty.
(h) A description of the amount and the terms and conditions of any financing incorpo-
rated directly within the installation contract. The description must include a disclosure that
conforms to all applicable federal and state disclosure laws for loans and includes, at a min-
imum, a statement of the interest rate, annual percentage rate, amortization schedule and
security that applies to the loan.
(i) The exact amount the solar energy contractor or sales agent paid as a dealer fee or
other inducement to a lender to obtain financing, even if the financing is not incorporated
directly into the installation contract.
(j) An estimate of the amount of electrical energy the solar energy system will produce
in the first year of operation, measured in kilowatt hours, and a description of the method-
ology used in determining the estimate, which must:
(A) Use a nationally recognized industry-standard tool;
(B) Consider the site-specific characteristics of the solar energy system, such as the lo-
cation, orientation and angle of the solar energy system’s photovoltaic panels and any shade
that affects the reception of sunlight;
(C) Account, at a minimum, for differences in electric energy production during the
month of June and the month of December; and
(D) Not exceed the optimal performance rating that the manufacturer specifies for the
inverter incorporated into the solar energy system.
(k) An explanation of the annual accounting for, or disposition of, any unused net me-
tering credits, unused applicable bill credits from on-site generation or other applicable
credits.
(L) A good-faith estimate of the electric energy cost savings the customer will realize
by using electricity generated from the solar energy system during the first 12 months after
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the solar energy system is interconnected with the local electric utility’s power grid. The
estimate must calculate savings using the electric utility’s current policy, billing rate and
method of valuing excess kilowatt hours that applies to the customer’s electricity use unless
an updated policy, billing rate and method of valuing excess kilowatt hours has been ap-
proved and finalized and will apply during the 12-month period. The estimate may use a de-
tailed history of the customer’s electricity use for the calculation if the customer agrees.
(m) A list of the names of and contact information for any subcontractor that will per-
form work under the installation contract on the solar energy contractor’s behalf.
(n) A recommendation, written all in capital letters, that includes space for the customer
to initial a written acknowledgement of having read and understood the recommendation and
that reads:
IF YOU INTEND TO GET A LOAN TO PAY FOR ALL OR PART OF AMOUNTS DUE
UNDER THIS CONTRACT, YOU SHOULD WAIT UNTIL YOU RECEIVE APPROVAL FOR
THE LOAN BEFORE YOU SIGN THIS CONTRACT AND YOU SHOULD VERIFY WHETHER
LOAN PAYMENTS WILL BE DUE BEFORE THE SOLAR ENERGY SYSTEM IS OPERA-
TIONAL. THIS CONTRACT DOES NOT ALTER YOUR OBLIGATION TO PAY YOUR ELEC-
TRIC UTILITY FOR AMOUNTS DUE ON YOUR ELECTRICAL BILL.
(o) An explanation of the customer’s rescission rights, written all in capital letters, that
includes space for the customer to initial a written acknowledgement of having read and
understood the explanation and that reads:
YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT WITHIN THREE BUSINESS
DAYS AFTER YOU SIGN THIS CONTRACT. TO CANCEL, YOU MUST NOTIFY IN WRITING
THE PERSON IDENTIFIED FOR THIS PURPOSE IN THIS CONTRACT AND YOU MUST
SEND THE NOTICE TO THE PERSON BY E-MAIL OR BY CERTIFIED POSTAL MAIL.
(p) A notice that states whether the installation contract provides for removing and
reinstalling the solar energy system if the solar energy system is installed on the roof of the
customer’s property and the customer repairs or replaces the roof or has the roof repaired
or replaced. If the installation contract does not provide for removing and reinstalling the
solar energy system, the installation contract must include a notice that includes space for
the customer to initial a written acknowledgement of having read and understood the notice
and that reads:
Before you repair or replace your roof, review the warranties for your solar energy sys-
tem that are included in this contract and ensure that you comply with the terms of the
warranties. You are responsible for all costs and work needed to remove and reinstall the
solar energy system and interconnect it with your electric utility.
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(q) A notice that includes space for the customer to initial a written acknowledgement
of having read and understood the notice and that reads:
If your solar energy system is installed on residential property, your tax liability must
be sufficiently large to use the residential clean energy credit. The residential clean energy
credit allows you to offset taxes that you owe to the federal government but does not provide
money directly to you. IF YOU ARE PARTICIPATING IN GOVERNMENT ASSISTANCE
PROGRAMS OR ARE ON A FIXED INCOME, YOU MIGHT NOT BE ELIGIBLE FOR THE
RESIDENTIAL CLEAN ENERGY CREDIT. Related items may not be eligible for the tax
credit, including the cost of repairs to your roof and financing fees. You should consult an
independent tax professional if you are relying on the tax credit to afford the cost of the
solar energy system installation. For more information, contact the Internal Revenue Ser-
vice.
(r) A copy of the Internal Revenue Service’s current version of the Form 5695 in-
structions for claiming the residential clean energy credit (part I) for qualified solar electric
property costs.
(s) A notice that states that the solar energy contractor must install the solar energy
system in accordance with the manufacturer’s instructions and in compliance with statewide
or local building codes, with the national electrical code, as enforced by the local govern-
ment, and with the interconnection standards of the local electric utility.
(t) A copy of, or a website address for or electronic link to, the local electric utility’s
application for interconnection.
(u) A notice that identifies the party that has responsibility for obtaining permission
from the electric utility to operate the solar energy system.
(v) A notice that states that an installation of a solar energy system may affect the value
the county assessor assigns to the property on which the solar energy system is installed
and that the change in value might affect the customer’s property taxes.
(w) A warning that the solar energy system may disconnect from the electric utility’s
power grid during a power outage. This warning need not be included in the installation
contract if the solar energy system includes a battery or other energy storage system or
power conversion and control technology that is designed and installed to provide backup
electricity during a power outage.The warning must read:
Your solar energy system will automatically disconnect from your electric utility’s power
grid if a power outage occurs. This disconnection occurs so that workers making repairs on
the power grid do not risk a shock from electricity your solar energy system generates. If
this automatic disconnection occurs, YOUR SOLAR ENERGY SYSTEM WILL NOT PRO-
VIDE ELECTRICITY TO YOU DURING THE POWER OUTAGE.
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(x) Separate statements with substantially the following language:
(A) “It is important to understand that electric utility rates and net metering program
rates may go up or down and actual savings may vary. Historical data are not necessarily
representative of future results. For further information about rates, contact your local
electric utility or the Public Utility Commission. Tax incentives and other incentives avail-
able from a state government or the federal government are subject to change, expiration
or termination, which may affect estimates of savings. Please read your contract carefully
for more details.”
(B) “The federal tax credit for residential solar energy systems can only reduce your
taxes and is not refundable. Any unused credits may be used in later years. For more infor-
mation, contact the Internal Revenue Service.”
(3) The solar energy contractor or sales agent must give a complete and accurate copy
of the installation contract to the customer at the time the customer executes the installa-
tion contract.
SECTION 5. (1) If a customer chooses to rescind an installation contract with a sales
agent or solar energy contractor within three business days following the date on which the
customer executes the installation contract, the sales agent or solar energy contractor may
not enforce any of the terms of the installation contract against the customer, may not
make any claims for labor and materials, may not charge any cancellation fee and must
terminate any security interest or release any lien against the customer’s property that the
sales agent or solar energy contractor recorded. The termination or release must occur
within 20 days after the sales agent, solar energy contractor or any agent or designee of the
sales agent or solar energy contractor receives written notice, by electronic mail or certified
mail, of the customer’s rescission.
(2) A sales agent or solar energy contractor may not charge or collect any fee or pay-
ment from a customer and need not begin performing the installation contract or ordering
equipment or materials for the installation until after the expiration of the period during
which the customer may rescind the installation contract as provided in subsection (1) of
this section.
(3) An electric utility must approve an application to interconnect a customer’s solar
energy system with the electric utility’s power grid before a solar energy contractor may
begin installing the solar energy system. If the electric utility disapproves the intercon-
nection, the solar energy contractor shall modify the solar energy system to meet the elec-
tric utility’s requirements before the solar energy contractor may install the solar energy
system. An electric utility may waive the requirement for approval if the electric utility
certifies the solar energy contractor as qualified to install solar energy systems that meet
the electric utility’s requirements. The solar energy contractor shall notify the electric util-
ity of any design changes or changes in major components or equipment that occur as the
solar energy contractor performs the installation contract.
(4) If a solar energy contractor must remove, repair, replace, reinstall or otherwise alter
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the roof on a customer’s property while installing a solar energy system, the installation
contract must separately describe the required work and itemize the costs of the work. The
solar energy contractor shall invoice the customer separately for any work on the roof of
the customer’s property that is related to the installation.
(5) A person that purchases or receives an assignment of an installation contract is liable
for all claims and subject to all defenses that the customer could assert under the installa-
tion contract against the seller or assignor. A person that sells or assigns an installation
contract must provide the buyer or assignee with a prominent notice that describes the po-
tential liability.
SECTION 6.
(1) A person may not conduct a solicitation using any deceptive statement
or representation concerning the costs, financing or terms and conditions of an installation
contract or with respect to a purchase or installation of a solar energy system.
(2) A sales agent or solar energy contractor that violates subsection (1) of this section
or fails to comply with sections 1 to 5 of this 2025 Act is liable to a resident for the resident’s
actual damages that result from the failure. This subsection does not limit any cause of
action or remedy that is available to the resident under the installation contract or under
applicable law.
(3) A sales agent’s or solar energy contractor’s violation of subsection (1) of this section
or failure to comply with sections 1 to 5 of this 2025 Act is an unlawful practice under ORS
646.608.
SECTION 7. ORS 646.608, as amended by section 6, chapter 410, Oregon Laws 2023, is amended
to read:
646.608. (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, ap-
proval, or certification of real estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or asso-
ciation 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 de-
teriorated, 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.
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(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 demon-
stration 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 pro-
vides 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 publi-
cize 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 situ-
ation.
(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 para-
graph, “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.
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(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 (2) to (5).
(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 de-
scribed 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.
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(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 de-
fined 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 member 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 section 6 (1) of this 2025 Act or fails to comply with sections 1 to 5 of this
2025 Act.
(2) A representation under subsection (1) of this section or ORS 646.607 may be any manifesta-
tion 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 prose-
cuting attorney need not prove competition between the parties or actual confusion or misunder-
standing.
(4) An action or suit may not be brought under subsection (1)(u) of this section unless the At-
torney 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 attor-
ney, relief is limited to an injunction, and the prevailing party may be awarded reasonable attorney
fees.
SECTION 8.
Sections 1 to 6 of this 2025 Act and the amendments to ORS 646.608 by sec-
tion 7 of this 2025 Act apply to solicitations for a solar energy system made and installation
contracts that a customer executes on or after the effective date of this 2025 Act.
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