Provides that a violation of prohibitions against certain practices with respect to insurance is subject to an enforcement action under the Unlawful Trade Practices Act.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
A-Engrossed
Senate Bill 174
Ordered by the Senate June 16
Including Senate Amendments dated June 16
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Senate Interim Committee on Judiciary)
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. The statement includes a measure digest written in compliance with applicable readability standards.
Digest: Adds bad acts done with respect to insurance to the list of bad acts that are subject to
the Unlawful Trade Practices Act. Lets a person get from a court relief in addition to damages un-
der the UTPA. Tells a district attorney to get permission from a state agency to take action under
the UTPA in relation to insurance. (Flesch Readability Score: 60.6).
Provides that a violation of prohibitions against certain practices with respect to insurance is
subject to an enforcement action under the Unlawful Trade Practices Act. Specifies exemptions.
Permits a person to obtain, and a court to award, appropriate equitable relief in addition to
monetary damages under the Unlawful Trade Practices Act.
Requires the Director of the Department of Consumer and Business Services to request action
before a prosecuting attorney may take action under the Unlawful Trade Practices Act against an
act or practice related to insurance.
A BILL FOR AN ACT
Relating to violations of the Insurance Code as unlawful trade practices; creating new provisions;
and amending ORS 646.605, 646.608, 646.612, 646.636, 646.638 and 646.648.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 646.605 is amended to read:
646.605. As used in ORS 336.184 and 646.605 to 646.652:
(1) “Appropriate court” means the circuit court of a county:
(a) [Where one or more of the defendants reside ] In which a defendant resides ;
(b) [ Where one or more of the defendants maintain ] In which a defendant maintains a principal
place of business;
(c) [ Where one or more of the defendants are ] In which a defendant is alleged to have committed
an act prohibited by ORS 336.184 and 646.605 to 646.652; or
(d) With [ the] a defendant’s consent, [ where] in which the prosecuting attorney maintains an
office.
(2) “Documentary material” means the original or a copy of any book, record, report, memo-
randum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situated.
(3) “Examination” of documentary material [ includes inspection, study ] means inspecting,
studying or copying [ of] any documentary material[ ,] and taking testimony under oath or acknowl-
edgment [ regarding any documentary material or copy thereof ] about the documentary material
or a copy of the documentary material .
(4) “Person” means a natural [ persons, corporations, trusts, partnerships, ] person, a corporation,
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 1727
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a trust, a partnership, an incorporated or unincorporated [ associations] association and any other
legal entity except [ bodies or officers ] a body or officer that is acting under the statutory authority
of this state or the United States.
(5) “Prosecuting attorney” means the Attorney General or the district attorney of any county
in which a violation of ORS 336.184 and 646.605 to 646.652 is alleged to have occurred.
(6)(a) “Real estate, goods or services” means those that are or may be obtained primarily for
personal, family or household purposes, or that are or may be obtained for any purposes as a result
of a telephone solicitation, and includes loans and extensions of credit, and franchises,
distributorships and other similar business opportunities[ , but does not include insurance ].
(b) Notwithstanding paragraph (a) of this subsection:
(A) “Real estate” does not cover conduct covered by ORS chapter 90.
(B) “Loans and extensions of credit” does not include transactions involving a pawnbroker, as
defined in ORS 726.010, that is required to be licensed under ORS chapter 726.
(7) “Telephone solicitation” means a solicitation [ where] in which a person, in the course of the
person’s business, vocation or occupation, uses a telephone or an automatic dialing-announcing de-
vice to initiate telephonic contact with a potential customer and the person is not one of the fol-
lowing:
(a) [ A person who is ] A broker-dealer or salesperson licensed under ORS 59.175, or a mortgage
banker or mortgage broker licensed under ORS 86A.106, [ when] if the solicitation is for a security
qualified for sale [ pursuant to ] under ORS 59.055.
(b) A real estate licensee or a person who is otherwise authorized to engage in professional real
estate activity [ pursuant to ] under ORS chapter 696, [ when] if the solicitation involves professional
real estate activity.
(c) A person licensed or exempt from licensure as a builder [ pursuant to ] under ORS chapter
701, [when] if the solicitation involves [ the construction, alteration, repair, improvement or demolition
of] constructing, altering, repairing, improving or demolishing a structure.
[(d) A person licensed or otherwise authorized to sell insurance as an insurance producer pursuant
to ORS chapter 744, when the solicitation involves insurance. ]
[(e)] (d) A person [ soliciting] that solicits the sale of a newspaper of general circulation, a
magazine or membership in a book or record club who complies with ORS 646.611, [ when] if the
solicitation involves newspapers, magazines or membership in a book or record club.
[(f)] (e) A person [ soliciting] that solicits, without the intent to complete , and who does not
complete [ the] a sales presentation during the telephone solicitation and [ who] that only completes
the sales presentation at a later face-to-face meeting between the [ solicitor] person and the pro-
spective purchaser.
[(g)] (f) A supervised financial institution or parent, subsidiary or affiliate [ thereof] of a super-
vised financial institution. As used in this paragraph, “supervised financial institution” means any
financial institution or trust company, as those terms are defined in ORS 706.008, or any personal
property broker, consumer finance lender, commercial finance lender or insurer that is subject to
regulation by an official or agency of this state or of the United States.
[(h)] (g) A person [ who] that is authorized to conduct prearrangement or preconstruction fu-
neral or cemetery sales, [ pursuant to ] under ORS chapter 692, [ when] if the solicitation involves
prearrangement or preconstruction funeral or cemetery plans.
[(i)] (h) A person [ who] that solicits the services [ provided by ] that a cable television system
licensed or franchised [ pursuant to ] under state, local or federal law provides, [ when] if the solic-
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itation involves cable television services.
[(j)] (i) A person or affiliate of a person [ whose] the business [ is regulated by ] of which the
Public Utility Commission [ of Oregon ] regulates .
[(k)] (j) A person who sells farm products , as defined [ by] in ORS 576.006 , if the [ solicitation
neither intends to nor actually results ] person does not intend to complete a sale and the solic-
itation does not actually result in a sale that costs the purchaser in excess of $100.
[(L)] (k) An issuer or subsidiary of an issuer that has a class of securities that is subject to
section 12 of the Securities Exchange Act of 1934 and that is either registered or exempt from reg-
istration under paragraph (A), (B), (C), (E), (F), (G) or (H) or subsection (g) of that section.
[(m)] (L) A person [ soliciting exclusively ] that solicits only the sale of telephone answering
services [ to be provided by ] that the person or [ that] the person’s employer [ when] will provide, if
the solicitation involves answering services.
[(n)] (m) A telecommunications utility with access lines of 15,000 or less or a cooperative tele-
phone association , [ when] if the solicitation involves regulated goods or services.
(8) “Trade” and “commerce” mean advertising, offering or distributing, whether by sale, rental
or otherwise, any real estate, goods or services, and include any trade or commerce that directly
or indirectly [ affecting] affects the people of this state.
(9) “Unconscionable tactics” include, but are not limited to, actions by which a person:
(a) Knowingly takes advantage of a customer’s physical infirmity, ignorance, illiteracy or ina-
bility to understand the language of the agreement;
(b) Knowingly permits a customer to enter into a transaction from which the customer will
derive no material benefit;
(c) Permits a customer to enter into a transaction [ with knowledge that there is no reasonable
probability of payment of the attendant financial obligation in full by the customer when due ] knowing
that the customer does not have a reasonable probability of paying the attendant financial
obligations in full when due ; or
(d) Knowingly takes advantage of a customer who is a disabled veteran, a disabled
servicemember or a servicemember in active service, or the spouse of a disabled veteran, disabled
servicemember or servicemember in active service. For purposes of this paragraph:
(A) “Disabled veteran” has the meaning given that term in ORS 408.225.
(B) “Disabled servicemember” means a servicemember, as defined in 50 U.S.C. 3911 as in effect
on [ January 1, 2010 ] the effective date of this 2025 Act , who may be entitled to disability com-
pensation under laws administered by the United States Department of Veterans Affairs.
(C) “Servicemember in active service” means:
(i) A servicemember called into active service under Title 10 or Title 32 of the United States
Code as in effect on [ January 1, 2010 ] the effective date of this 2025 Act ; or
(ii) A servicemember on state active duty, as defined in the Oregon Code of Military Justice.
(10) A willful violation occurs when the person committing the violation knew or should have
known that the conduct of the person was a violation.
[(11) A loan is made “in close connection with the sale of a manufactured dwelling” if: ]
[(a) The lender directly or indirectly controls, is controlled by or is under common control with the
seller, unless the relationship is remote and is not a factor in the transaction; ]
[(b) The lender gives a commission, rebate or credit in any form to a seller who refers the borrower
to the lender, other than payment of the proceeds of the loan jointly to the seller and the borrower; ]
[(c) The lender is related to the seller by blood or marriage; ]
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[(d) The seller directly and materially assists the borrower in obtaining the loan; ]
[(e) The seller prepares documents that are given to the lender and used in connection with the
loan; or]
[(f) The lender supplies documents to the seller used by the borrower in obtaining the loan. ]
SECTION 2.
ORS 646.608 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.
(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.
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(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.
(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.
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(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.
(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 a provision of ORS 746.230, 746.650, 746.663 or 746.686 or fails to provide
the notices required under ORS 746.687.
(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.
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(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.
(6) A person may not bring an action or suit under subsection (1)(bbbb) of this section
for a practice that is related to settling a medical malpractice claim.
SECTION 3.
ORS 646.612 is amended to read:
646.612. ORS 646.607 and 646.608 do not apply to:
(1) Conduct [in compliance ] that complies with the orders , [ or] rules [ of,] or a statute [ admin-
istered by ] a federal, state or local governmental agency administers.
(2) Acts [ done by the ] that a publisher, owner, agent or employee of a newspaper, periodical,
telephone directory or radio or television station [ in the publication or dissemination of ] does in
publishing or disseminating an advertisement, [ when] if the publisher, owner, agent or employee
did not [ have knowledge of ] know the false, misleading or deceptive character of the advertisement.
SECTION 4.
ORS 646.636 is amended to read:
646.636. [ The] A court may make [ such] additional orders or judgments [ as may be ] that the
court deems necessary to restore to any person in interest any moneys or property, real or per-
sonal, of which the person was deprived by means of any practice declared to be unlawful in ORS
646.607 or 646.608, [ or as may be necessary ] to ensure cessation of unlawful trade practices and to
provide any other equitable relief that the court deems appropriate .
SECTION 5. ORS 646.638 is amended to read:
646.638. (1) Except as provided in subsections (8) and (9) of this section, a person that suffers
an ascertainable loss of money or property, real or personal, as a result of another person’s willful
use or employment of a method, act or practice declared unlawful under ORS 646.608, may bring an
individual action in an appropriate court to recover actual damages or statutory damages of $200,
whichever is greater , and to obtain appropriate equitable relief . The court or the jury may award
punitive damages and the court may provide any equitable relief the court considers necessary or
proper.
(2)(a) A person that brings an action under subsection (1) of this section shall mail a copy of
the complaint or other initial pleading to the Attorney General at the time the action commences
and, upon entry of any judgment in the action, shall mail a copy of the judgment to the Attorney
General. Failure to mail a copy of the complaint is not a jurisdictional defect, but a court may not
enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may
be by affidavit or by return receipt of mailing.
(b) A person that brings an action under ORS 646.608 (1)(bbbb) shall mail a copy of the
complaint or initial pleading, and of any judgment the court enters, to the Director of the
Department of Consumer and Business Services.
(3) The court may award reasonable attorney fees and costs at trial and on appeal to a pre-
vailing plaintiff in an action under this section. The court may award reasonable attorney fees and
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costs at trial and on appeal to a prevailing defendant only if the court finds that an objectively
reasonable basis for bringing the action or asserting the ground for appeal did not exist.
(4) The court may not award attorney fees to a prevailing defendant under the provisions of
subsection (3) of this section if the action under this section is maintained as a class action pursuant
to ORCP 32.
(5) Any permanent injunction or final judgment or order the court makes under ORS 646.632 or
646.636 is prima facie evidence in an action brought under this section that the respondent used or
employed a method, act or practice declared unlawful under ORS 646.608, but an assurance of vol-
untary compliance, whether or not approved by the court, is not evidence of the violation.
(6) Actions brought under this section must be commenced within one year after the discovery
of the unlawful method, act or practice. Notwithstanding this limitation, if a prosecuting attorney
filed a complaint to prevent, restrain or punish a violation of ORS 646.608, the complaint tolls the
statute of limitations with respect to every private right of action under this section that is based
in whole or in part on any matter set forth in the prosecuting attorney’s complaint for the period
of time in which the proceeding that the prosecuting attorney initiated is pending.
(7) Notwithstanding subsection (6) of this section, in any action that a seller or lessor brings
against a purchaser or lessee of real estate, goods or services, the purchaser or lessee may assert
any counterclaim that the purchaser or lessee has arising out of a violation of ORS 336.184 and
646.605 to 646.652.
(8) A class action may be maintained under this section. In any class action under this section:
(a) Statutory damages under subsection (1) of this section may be recovered on behalf of class
members 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, act or practice declared unlawful by ORS 646.608;
(b) The trier of fact may award punitive damages; and
(c) The court may award appropriate equitable relief.
(9) This section does not apply to:
(a) Any method, act or practice described in ORS 646.608 (1)(aa). Actions for violation of laws
relating to odometers are provided under ORS 815.410 and 815.415.
(b) A violation of ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2).
(c) An act or practice that an attorney undertakes on behalf of an insurer, an insured,
a beneficiary or another person in advising, presenting or negotiating a claim that is related
or otherwise subject to ORS 746.230.
(d) The activities of an insurance producer, as defined in ORS 731.104, that the Depart-
ment of Consumer and Business Services regulates under ORS 744.052 to 744.089.
SECTION 6.
ORS 646.648 is amended to read:
646.648. (1) As used in this section:
(a) “Buyer” means a person who buys or agrees to buy a manufactured dwelling from a manu-
factured dwelling dealer.
(b) “Cash sale price” means the price for which a manufactured dwelling dealer would sell to
a buyer, and the buyer would buy from a dealer, a manufactured dwelling that is covered by a
purchase agreement, if the sale were a sale for cash instead of a retail installment sale.
(c) “Manufactured dwelling” has the meaning given that term in ORS 446.003.
(d) “Manufactured dwelling dealer” means a person licensed under ORS 446.691 or 446.696 or a
temporary manufactured structure dealer licensee under ORS 446.701.
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(e) “Retail installment sale” has the meaning given that term in ORS 83.510.
(2) A manufactured dwelling dealer engages in an unlawful practice when, in a sale of a manu-
factured dwelling, the dealer does any of the following:
(a) Misrepresents to a buyer that, as a condition of financing, the buyer must purchase:
(A) Credit life insurance;
(B) Credit disability insurance;
(C) Credit unemployment insurance;
(D) Credit property insurance;
(E) Health insurance;
(F) Life insurance; or
(G) An extended warranty.
(b) In close connection with the sale, misrepresents to a lender:
(A) The cash sale price;
(B) The amount of the buyer’s down payment; or
(C) The buyer’s credit or employment history.
(3) For purposes of subsection (2)(b) of this section, a loan is made in close connection
with the sale of a manufactured dwelling if:
(a) The lender directly or indirectly controls, is controlled by or is under common control
with the seller, unless the relationship is remote and is not a factor in the transaction;
(b) The lender gives a commission, rebate or credit in any form to a seller who refers the
borrower to the lender, other than paying the proceeds of the loan jointly to the seller and
the borrower;
(c) The lender is related to the seller by blood or marriage;
(d) The seller directly and materially assists the borrower in obtaining the loan;
(e) The seller prepares documents that are given to the lender and used in connection
with the loan; or
(f) The lender supplies documents to the seller that the borrower uses in obtaining the
loan.
SECTION 7.
Section 8 of this 2025 Act is added to and made a part of ORS 646.605 to
646.652.
SECTION 8. A prosecuting attorney may not take action under ORS 646.618 or 646.632
with respect to an act or practice declared to be unlawful under ORS 646.608 (1)(bbbb) unless
the Director of the Department of Consumer and Business Services first requests the pros-
ecuting attorney to take action. The director may elect to be named as a party in any action
or proceeding that the prosecuting attorney commences at the director’s request.
SECTION 9. Section 8 of this 2025 Act and the amendments to ORS 646.605, 646.608,
646.612, 646.636, 646.638 and 646.648 by sections 1 to 6 of this 2025 Act apply to acts that occur
on or after the effective date of this 2025 Act.
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