Bill Text: OR SB827 | 2011 | Regular Session | Engrossed
Bill Title: Relating to foreclosures of trust deeds; declaring an emergency.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB827 Detail]
Download: Oregon-2011-SB827-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3001
A-Engrossed
Senate Bill 827
Ordered by the Senate April 27
Including Senate Amendments dated April 27
Sponsored by Senator BONAMICI; Senators BATES, BOQUIST
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.
Provides that failure to include required modification form
with notice of sale, failure to comply with provisions governing
loan modifications and failure to record required affidavit of
compliance with loan modification requirements are unlawful
practices subject to enforcement under unlawful trade practices
law. { + Prescribes time within which beneficiary or
beneficiary's agent must file affidavit for recording. + }
Requires trustee to send copy of required affidavit to Department
of Justice.
{ + Requires Department of Consumer and Business Services by
rule to prescribe form of affidavit and specifies minimum
requirements for affidavit. + }
Removes certain exemptions from requirement to comply with law
governing mortgage loan modifications.
Permits grantor to record affidavit stating that grantor
requested loan modification in accordance with law and by
applicable deadline.
Requires trustee to be resident of this state or have
registered agent that meets certain qualifications.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to foreclosures of trust deeds; creating new provisions;
amending ORS 86.737, 86.750, 86.790 and 646.608 and section 3,
chapter 864, Oregon Laws 2009; repealing sections 9 and 10,
chapter 864, Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 86.737 is amended to read:
86.737. (1) If a notice of default is recorded for property
that is subject to a residential trust deed, the sender of a
notice of sale under ORS 86.740 shall, on or before the date the
notice of sale is served or mailed, give notice under this
section to the grantor by both first class and certified mail
with return receipt requested. Subject to any rules adopted under
subsection (2) of this section, the notice must be in
substantially the following form and printed in at least 14-point
type:
_________________________________________________________________
NOTICE:
YOU ARE IN DANGER OF LOSING
YOUR PROPERTY IF YOU DO NOT
TAKE ACTION IMMEDIATELY
This notice is about your mortgage loan on your property at
______ (address).
Your lender has decided to sell this property because the money
due on your mortgage loan has not been paid on time or because
you have failed to fulfill some other obligation to your lender.
This is sometimes called 'foreclosure. '
The amount you would have had to pay as of ___ (date) to bring
your mortgage loan current was $___. The amount you must now pay
to bring your loan current may have increased since that date.
By law, your lender has to provide you with details about the
amount you owe, if you ask. You may call ______ (telephone
number) to find out the exact amount you must pay to bring your
mortgage loan current and to get other details about the amount
you owe. You may also get these details by sending a request by
certified mail to: ______.
THIS IS WHEN AND WHERE
YOUR PROPERTY WILL BE SOLD
IF YOU DO NOT TAKE ACTION:
Date and time: ______, 2___ at ______
Place: ______
THIS IS WHAT YOU CAN DO
TO STOP THE SALE:
1. You can pay the amount past due or correct any other default,
up to five days before the sale.
2. You can refinance or otherwise pay off the loan in full
anytime before the sale.
3. You can request that your lender give you more time or change
the terms of your loan.
4. You can sell your home, provided the sale price is enough to
pay what you owe.
There are government agencies and nonprofit organizations that
can give you information about foreclosure and help you decide
what to do. For the name and telephone number of an organization
near you, please call the statewide telephone contact number at
______. You may also wish to talk to a lawyer. If you need help
finding a lawyer, you may call the Oregon State Bar's Lawyer
Referral Service at ______ or toll-free in Oregon at ______ or
you may visit its website at: ______. Legal assistance may be
available if you have a low income and meet federal poverty
guidelines. For more information and a directory of legal aid
programs, go to ______.
Your lender may be willing to modify your loan to reduce the
interest rate, reduce the monthly payments or both. You can get
information about possible loan modification programs by
contacting your lender at ______. If you can't reach your lender,
you may contact the trustee at the telephone number at the bottom
of this notice. If you have already entered into a loan
modification with your lender, it is possible that you will not
be able to modify your loan again unless your circumstances have
changed. Your lender is not obligated to modify your loan.
You may request to meet with your lender to discuss options for
modifying your loan. During discussions with your lender, you may
have the assistance of a lawyer, a housing counselor or another
person of your choosing. To receive a referral to a housing
counselor or other assistance available in your community, call
this toll-free consumer mortgage foreclosure information
number: ______. Many lenders participate in new federal loan
modification programs. You can obtain more information about
these programs at: __________.
IF YOU WANT TO APPLY TO MODIFY YOUR LOAN, YOU MUST FILL OUT AND
MAIL BACK THE ENCLOSED 'MODIFICATION REQUEST FORM.' YOUR LENDER
MUST RECEIVE THE FORM BY ______, WHICH IS 30 DAYS AFTER THE DATE
SHOWN BELOW.
WARNING: You may get offers from people who tell you they can
help you keep your property. You should be careful about those
offers. Make sure you understand any papers you are asked to
sign. If you have any questions, talk to a lawyer or one of the
organizations mentioned above before signing.
DATED: ___, 2___
Trustee name: ______ (print)
Trustee signature: ______
Trustee telephone number: ______
_________________________________________________________________
(2) The Department of Consumer and Business Services
{ - may - } { + shall + } adopt rules { - prescribing - }
{ + that prescribe + } the { + content, + } format, font size
and other physical characteristics of the notice form set forth
in subsection (1) of this section. The { - department shall
adopt - } rules { - specifying - } { + shall specify + } the
resource telephone contact numbers and website addresses the
sender is to insert in completing the notice { + and shall
require the sender to notify the grantor that the grantor may
file a declaration under ORS 86.750 (6) + }.
(3) When filling blanks in the notice form set forth in
subsection (1) of this section, the sender of the notice shall
include, stated in plain language:
(a) The amount of payment that was needed to bring the mortgage
loan current as of the date stated in the notice; and
(b) One or more telephone numbers consisting of:
(A) A telephone number that will allow the grantor access
during regular business hours to details regarding the grantor's
loan delinquency and repayment information; and
(B) A telephone number that will allow the grantor access
during regular business hours to person-to-person consultation
with an individual authorized by the beneficiary to discuss the
grantor's payment and loan term negotiation and modification
options.
(4) Telephone numbers described in subsection (3) of this
section must be toll-free numbers unless the beneficiary:
(a) Made the loan with the beneficiary's own money;
(b) Made the loan for the beneficiary's own investment; and
(c) Is not in the business of making loans secured by an
interest in real estate.
(5) If the sender giving notice under subsection (1) of this
section has actual knowledge that the grantor is not the occupant
of the residential real property, the sender shall also give
notice to the occupant of the property by both first class and
certified mail with return receipt requested.
(6) The notice required under subsection (1) of this section
must be accompanied by a form to request a loan
modification. { + The Department of Consumer and Business
Services by rule shall specify the content and format of the loan
modification form. + } The form must include the address to which
and state the date by which the grantor must return the form { +
and must state that the grantor may return the form for
processing even if the grantor believes that the grantor is
eligible for a different loan modification program + }. The date
must be 30 days after the date on which the trustee signs the
notice. The form may state that the grantor must disclose current
information about the grantor's income and expenses, the
grantor's address, phone number and electronic mail address and
other facts that may affect the grantor's eligibility for a loan
modification. { + Failing to include the form required under
this subsection is an unlawful practice under ORS 646.608 that is
subject to enforcement under ORS 646.632 and 646.638. + }
SECTION 2. Section 3, chapter 864, Oregon Laws 2009, as amended
by section 1, chapter 40, Oregon Laws 2010, is amended to read:
{ + Sec. 3. + } (1)(a) If a grantor returns the form
identified in ORS 86.737 (6) to the lender by the date specified
on the form, the beneficiary or an agent of the beneficiary shall
review the information the grantor provided in the form and, in
good faith, shall process the grantor's request. The beneficiary
or the beneficiary's agent, as soon as reasonably practicable but
not later than 45 days after receiving the form, shall notify the
grantor whether the beneficiary approves or denies the request or
requires additional information.
(b) If the beneficiary denies a request made under paragraph
(a) of this subsection, the beneficiary or the beneficiary's
agent in the notice shall provide the grantor with an explanation
of how the beneficiary or the beneficiary's agent calculated that
the grantor was not eligible for a loan modification.
(c) A beneficiary or the beneficiary's agent complies with the
requirement set forth in paragraph (b) of this subsection if the
beneficiary or the beneficiary's agent provides the information
specified for a borrower notice in Supplemental Directive 09-08,
as in effect on { - the effective date of this 2010 Act - }
{ + May 27, 2010 + }, issued by the United States Department of
the Treasury under the Helping Families Save Their Homes Act of
2009, P.L. 111-22, as in effect on { - the effective date of
this 2010 Act - } { + May 27, 2010 + }.
(d) A trustee's sale for the property subject to the loan may
not occur until after the beneficiary or the beneficiary's agent
timely responds to the grantor as provided in this subsection.
During the 45-day period, the beneficiary or the beneficiary's
agent may request the grantor to provide additional information
required to determine whether the loan can be modified.
(2)(a) Except as provided in paragraph (b) of this subsection,
if the grantor timely requests a meeting with the beneficiary,
the beneficiary or the beneficiary's agent shall meet with the
grantor in person or shall speak to the grantor by telephone
before the beneficiary or the beneficiary's agent responds to the
grantor's request to modify the loan. If the grantor requests the
meeting, the beneficiary or the beneficiary's agent shall take
reasonable steps to schedule the meeting by contacting the
grantor at the grantor's last known address or telephone number
or at the grantor's electronic mail address, if the grantor
indicates on the loan modification form that the beneficiary or
the beneficiary's agent can contact the grantor at the electronic
mail address.
(b) A beneficiary or the beneficiary's agent complies with the
provisions of paragraph (a) of this subsection even if the
beneficiary or beneficiary's agent does not speak to or meet with
the grantor if, within seven business days after the beneficiary
or beneficiary's agent attempts to contact the grantor, the
grantor does not respond.
(c) The beneficiary or the beneficiary's agent that meets with
the grantor shall have or be able to obtain authority to modify
the loan.
(3)(a) The beneficiary or the beneficiary's agent shall provide
the trustee with the affidavit described in ORS 86.750 (5). In
the affidavit, the beneficiary or the beneficiary's agent shall
describe how the beneficiary or the beneficiary's agent has
complied with subsections (1) and (2) of this section. If the
beneficiary denies a request made under subsection (1)(a) of this
section, as part of the description, the beneficiary or the
beneficiary's agent shall state that the beneficiary or the
beneficiary's agent provided the grantor with the information
described in subsection (1)(b) or (c) of this section.
(b) The trustee shall record the affidavit described in
paragraph (a) of this subsection.
{ - (4) Subsections (1) and (2) of this section do not apply
to a beneficiary that determines in good faith, after considering
the most current financial information the grantor provides, that
the grantor is not eligible for a loan modification, provided
that the beneficiary or the beneficiary's agent notifies the
grantor in writing that the grantor is not eligible. In the
notice, the beneficiary or the beneficiary's agent shall describe
the basis for the beneficiary's determination and explain the
reasons why the grantor was not eligible. - }
{ + (4) Failing to comply with the provisions of this section
is an unlawful practice under ORS 646.608 that is subject to
enforcement under ORS 646.632 and 646.638. + }
SECTION 3. ORS 86.750, as amended by section 6, chapter 864,
Oregon Laws 2009, section 4, chapter 28, Oregon Laws 2010, and
section 3, chapter 40, Oregon Laws 2010, is amended to read:
86.750. (1)(a) Except as provided in paragraph (b) of this
subsection, the notice prescribed in ORS 86.745 must be served
upon an occupant of the property described in the trust deed in
the manner in which a summons is served pursuant to ORCP 7 D(2)
and 7 D(3) at least 120 days before the day the trustee conducts
the sale.
(b)(A) If service cannot be effected on an occupant as provided
in paragraph (a) of this subsection on the first attempt, the
person that attempts to effect service shall post a copy of the
notice in a conspicuous place on the property on the date of the
first attempt. The person that attempts to effect service shall
make a second attempt to effect service on a day that is at least
two days after the first attempt.
(B) If service cannot be effected on an occupant as provided in
paragraph (a) of this subsection on the second attempt, the
person that attempts to effect service shall post a copy of the
notice in a conspicuous place on the property on the date of the
second attempt. The person that attempts to effect service shall
make a third attempt to effect service on a day that is at least
two days after the second attempt.
(C) If service cannot be effected on an occupant as provided in
paragraph (a) of this subsection on the third attempt, the person
that attempts to effect service shall send a copy of the notice,
bearing the word 'occupant' as the addressee, to the property
address by first class mail with postage prepaid.
(c) Service on an occupant is effected on the earlier of the
date that notice is served as provided in paragraph (a) of this
subsection or the first date on which notice is posted as
described in paragraph (b)(A) of this subsection.
(2)(a) Except as provided in paragraph (b) of this subsection,
a copy of the notice of sale must be published in a newspaper of
general circulation in each of the counties in which the property
is situated once a week for four successive weeks. The last
publication must be made more than 20 days prior to the date the
trustee conducts the sale.
(b) The copy of the notice of sale required to be published
under paragraph (a) of this subsection does not need to include
the notice to tenants required under ORS 86.745 (9).
(3) At or before the time the trustee conducts the sale, the
trustee shall file for recording in the official record of the
county or counties in which the property described in the deed is
situated the following affidavits with respect to the notice of
sale:
(a) An affidavit of mailing, if any;
(b) An affidavit of service, if any;
(c) An affidavit of service attempts and posting, if any; and
(d) An affidavit of publication.
(4) At or before the time the trustee conducts the sale, the
trustee shall file for recording in the official record of the
county or counties in which the property described in the deed is
situated an affidavit of mailing with respect to the notice to
the grantor required under ORS 86.737.
{ + (5)(a) After complying with the provisions of ORS 86.737
and section 3 (1) and (2), chapter 864, Oregon Laws 2009, and not
earlier than 45 days after the beneficiary or beneficiary's agent
receives the loan modification form described in ORS 86.737 (6),
the trustee shall file for recording in the official record of
the county or counties in which the property is located an
affidavit from the beneficiary or beneficiary's agent that states
how the beneficiary or beneficiary's agent has complied with the
provisions of ORS 86.737 and section 3 (1) and (2), chapter 864,
Oregon Laws 2009. The trustee shall mail a copy of the affidavit
to the Department of Justice.
(b) The trustee may not publish a notice of sale under ORS
86.750 (2) until the trustee has recorded the affidavit in
accordance with paragraph (a) of this subsection.
(c) The Department of Consumer and Business Services by rule
shall prescribe the contents and format of the affidavit. The
affidavit must:
(A) Identify the grantor and the loan;
(B) State that the beneficiary or the beneficiary's agent has
complied with the provisions of ORS 86.737 and section 3 (1) and
(2), chapter 864, Oregon Laws 2009;
(C) State the dates and identify the types of communication the
beneficiary or beneficiary's agent had with the grantor under the
provisions of section 3 (1) and (2), chapter 864, Oregon Laws
2009;
(D) State the actions the beneficiary or beneficiary's agent
took to modify the loan if the grantor returned the loan
modification form described in ORS 86.737 (6);
(E) List the steps the beneficiary or beneficiary's agent took
to mitigate loan losses; and
(F) State why the steps the beneficiary or beneficiary's agent
listed in subparagraph (E) of this paragraph failed, if the
beneficiary or beneficiary's agent did not modify the loan.
(d) Failing to comply with the provisions of this subsection is
an unlawful practice under ORS 646.608 that is subject to
enforcement under ORS 646.632 and 646.638.
(6) The grantor, not later than the date by which the grantor
must return the loan modification form described in ORS 86.737
(6), may file for recording in the official record of the county
or counties in which the property is located a declaration that
states that the grantor requested a loan modification as provided
in section 3 (1), chapter 864, Oregon Laws 2009, or a meeting
with the beneficiary or the beneficiary's agent as provided in
section 3 (2), chapter 864, Oregon Laws 2009. + }
SECTION 4. ORS 86.790 is amended to read:
86.790. (1) The trustee of a trust deed under ORS 86.705 to
86.795 { - shall not be - } { + is not + } required to comply
with the provisions of ORS chapters 707 and 709 { + . + }
{ - and shall be: - } { + The trustee must be a resident of
this state or have a registered agent that meets the
qualifications set forth in ORS 60.111 (2)(a) or (b) and must
be: + }
(a) { - Any - } { + An + } attorney who is an active member
of the Oregon State Bar;
(b) A financial institution or trust company, as defined in ORS
706.008, that is authorized to do business under the laws of
Oregon or the United States;
(c) A title insurance company authorized to insure title to
real property in this state, { + or a subsidiary, affiliate,
insurance producer or branch of the title insurance company + }
{ - its subsidiaries, affiliates, insurance producers or
branches - } ;
(d) The United States or { - any - } { + an + } agency
{ - thereof - } { + of the United States + }; or
(e) { + An + } escrow { - agents - } { + agent + }
licensed under ORS 696.505 to 696.590.
(2) An attorney who is a trustee under subsection (1)(a) of
this section may represent the beneficiary in addition to
performing the duties of trustee.
(3) At any time after the trust deed is executed, the
beneficiary may appoint in writing another qualified trustee. If
the appointment of the successor trustee is recorded in the
mortgage records of the county or counties in which the trust
deed is recorded, the successor trustee { - shall be - } { +
is + } vested with { - all - } the powers of the original
trustee.
(4) A trustee or successor trustee is a necessary and proper
party to { - any - } { + a + } proceeding to determine the
validity of or enjoin
{ - any - } { + a + } private or judicial proceeding to
foreclose a trust deed, but a trustee or successor trustee is
neither a necessary nor a proper party to { - any - } { +
a + } proceeding to determine title to the property subject to
the trust deed, or to { - any - } { + a + } proceeding to
impose, enforce or foreclose { - any other - } { +
another + } lien on the subject property.
(5) { - Nothing in - } ORS 86.705 to 86.795
{ - imposes - } { + do not impose + } a duty on the trustee or
successor trustee to notify any person of
{ - any - } { + a + } proceeding with respect to
{ - such - } { + the + } person, except a proceeding
{ - initiated by - } { + that + } the trustee or successor
trustee { + initiated + }.
(6) A trustee or the attorney for the trustee or { - any - }
{ + an + } agent { - designated by - } { + that + } the
trustee or the attorney { + designated + } may announce and
accept a bid from the beneficiary whether or not the beneficiary
is present at the sale.
(7) The trustee or successor trustee { - shall - } { + does
not + } have { + + }
{ - no - } { + a + } fiduciary duty or fiduciary obligation
to the grantor or
{ - other persons having - } { + another person that has + }
an interest in the property subject to the trust deed. The
trustee or successor trustee { - shall not be - } { + is
not + } relieved of the duty to reconvey the property subject to
the trust deed to the grantor { - upon request for reconveyance
by - } { + when + } the beneficiary { + requests the
reconveyance + }.
SECTION 5. ORS 646.608 is amended to read:
646.608. (1) A person engages in an unlawful practice when 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 those 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 they 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
they 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 they 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 them 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
when not authorized by the owner or apparent owner thereof.
(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 occurrence of an event subsequent to 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 them 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,
auctioneers 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.
(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 759.690 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 646.649 (2) to (4).
(ss) Violates ORS 646A.090 (2) to (4).
(tt) Violates ORS 87.686.
(uu) Violates ORS 646.651.
(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 98.854 or 98.858 or a rule adopted under ORS
98.864.
(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, 744.991
and 744.992.
(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. App. 501 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 a provision of ORS 86.737 (6) or 86.750
(5) or section 3, chapter 864, Oregon Laws 2009. + }
(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 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 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.
SECTION 6. { + Sections 9 and 10, chapter 864, Oregon Laws
2009, are repealed. + }
SECTION 7. { + The amendments to ORS 86.737, 86.750, 86.790
and 646.608 and section 3, chapter 864, Oregon Laws 2009, by
sections 1 to 5 of this 2011 Act and the repeal of sections 9 and
10, chapter 864, Oregon Laws 2009, by section 6 of this 2011 Act
apply on and after the effective date of this 2011 Act to notices
and affidavits sent or recorded or required to be sent or
recorded under ORS 86.737, 86.750, 86.790 and 646.608 and section
3, chapter 864, Oregon Laws 2009. + }
SECTION 8. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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