A person who is in compliance with the requirements of the Fair Credit and Charge Card Disclosure Act, (Public Law 100-583), shall also be considered in compliance with the requirements of ORS 646A.220 and 646A.222. [Formerly 646.901] (Extension of Credit)

In evaluating applications for extensions of credit, a creditor may not: (1) Treat an applicants obligation to pay child support more adversely than the creditor treats or would treat another obligation for the same amount, terms and duration as the child support obligation; or (2) Deny an application solely because the applicant used the applicants business address instead of the applicants residential address if a law of this state or a local government ordinance permits the applicant to use a business address in lieu of a residential address.

As used in ORS 646A.240 to 646A.244, creditor means a person who, in the ordinary course of the persons business, regularly permits debtors to defer payment of their debts, or to incur debt and defer the payment thereof, and in either case, to pay the same with a finance charge or in more than four installments. [Formerly 646.863]

This legal document pertains to a cause of action for the violation of ORS 646A.240. It grants a person who is adversely affected by a creditor’s violation the right to recover compensatory damages and seek an injunction to prevent further violations. If damages are awarded or an injunction is granted, the person is entitled to reasonable attorney fees at trial and on appeal, along with costs and necessary disbursements. However, the creditor may be exempt from liability if they can demonstrate that the violation was unintentional and resulted from a bona fide error, despite maintaining procedures to avoid such errors.

As used in ORS 646A.280 to 646A.290: (1) Invoice means a document containing an itemized list of previously ordered goods or services and an amount or amounts of money owed by the recipient of the document. (2) Recipient means the person to whom an invoice or simulated invoice is uttered. (3) Simulated invoice means a document containing an itemized list of unordered goods or services and an amount or amounts of money to be paid by the recipient of the document.

It is unlawful for any person to utter a simulated invoice if: (1) A reasonable recipient could, under all the circumstances of its receipt, mistake the simulated invoice for an invoice; or (2) The person knows or reasonably should know that a recipient could mistake the simulated invoice for an invoice. [Formerly 646.293]

This legal document pertains to the cause of action by the Attorney General against any person who violates ORS 646A.282. If the Attorney General prevails, the court will enter judgment against the defendant. The judgment will include three times the amount stated in the simulated invoice or $500 for each simulated invoice uttered in this state. Additionally, the court may order the defendant to restore any moneys deprived from any person due to the violation and ensure cessation of the conduct.

(1) A recipient of a simulated invoice who has suffered any ascertainable loss as a result shall have a cause of action against any person who violates ORS 646A.282. (2) If the recipient prevails, the court shall enter judgment against the defendant for: (a) The greater of: (A) Three times the amount stated in the simulated invoice received; or (B) $500 for each simulated invoice received; (b) Such orders or judgments as may be necessary to restore to the recipient any moneys of which the recipient was deprived by any conduct in violation of ORS 646A.

In any action brought under ORS 646A.284 or 646A.286, the following presumptions apply: (1) A simulated invoice that has been paid by five or more persons could be mistaken for an invoice by a reasonable recipient. (2) A person knows that a simulated invoice uttered simultaneously with a copy of a publication or portion of a publication previously ordered by the recipient from a person other than the person uttering the simulated invoice could be mistaken for an invoice by a reasonable recipient.

(1) The provisions of ORS 646A.280 to 646A.290 shall be liberally construed to effectuate its remedial purposes. (2) The remedy provided by ORS 646A.280 to 646A.290 is in addition to any other remedy, civil or criminal, that may be available under any other provision of law. Claims based on remedies available under other provisions of law may be joined in an action under ORS 646A.280 to 646A.290 or may be asserted in a separate action.