ORS § 646.567
(1) THE LEGISLATIVE ASSEMBLY FINDS THAT:
(A)
FRAUD COMMITTED BY MEANS OF UNWANTED TELEPHONE SOLICITATIONS CAUSES ECONOMIC HARM TO OREGONIANS AND
CONSTITUTES AN INVASION OF PRIVACY AND A THREAT TO THE WELFARE OF THE PEOPLE OF THIS STATE.
(B)
UNWANTED TELEPHONE SOLICITATIONS CAUSE OREGONIANS HARM BECAUSE:
(A) TELEPHONE SOLICITATIONS HAVE BECOME A PRIMARY TOOL FOR THE MARKETING OF REAL ESTATE, GOODS AND SERVICES TO
PARTIES. TELEPHONE SOLICITORS HAVE ENGAGED IN THE PRACTICE OF COLD CALLING, WHICH IS THE INITIATION OF CALLS
TO PARTIES WITH WHOM THE TELEPHONE SOLICITORS HAVE NO PRIOR BUSINESS RELATIONSHIP, TO MARKET SCAMS, FRAUDULENT
SCHEMES AND WORTHLESS GOODS AND SERVICES TO UNSUSPECTING PARTIES WHO OFTEN LOSE THOUSANDS OF DOLLARS AS A
RESULT OF THE SOLICITATIONS.
(B) TELEPHONE SOLICITORS OFTEN MAKE CALLS BASED ON LISTS TARGETING THE ELDERLY OR OTHER VULNERABLE POPULATIONS
WHO ARE UNABLE TO ASSESS THE RISKS ASSOCIATED WITH ENGAGING IN SALES TRANSACTIONS OVER THE TELEPHONE.
(C)
TECHNOLOGIES DESIGNED TO ASSIST PARTIES IN AVOIDING UNWANTED TELEPHONE SOLICITATIONS ARE NOT EFFECTIVE AND
PLACE AN ADDITIONAL FINANCIAL BURDEN ON PARTIES, EFFECTIVELY SHIFTING THE COST OF UNWANTED TELEPHONE
SOLICITATIONS TO PARTIES. THESE TECHNOLOGIES INCLUDE:
(I)
CALLER IDENTIFICATION SYSTEMS, FOR WHICH PARTIES BEAR THE COST OF THE CALLER IDENTIFICATION SERVICE AND
ANY RELATED HARDWARE, AND FOR WHICH TECHNOLOGY EXISTS THAT ALLOWS TELEPHONE SOLICITORS TO BLOCK CALLER
IDENTIFICATION DATA;
(II)
PRIVACY MANAGER SERVICES THAT, FOR A FEE, INTERCEPT CALLS; AND
(III)
UNLISTED TELEPHONE NUMBERS, FOR WHICH PARTIES PAY AN ADDITIONAL FEE.
(D)
UNWANTED TELEPHONE SOLICITATIONS TIE UP TELEPHONE LINES AND PREVENT LEGITIMATE TELEPHONE CALLS FROM BEING
RECEIVED OR PLACED BY PARTIES. PREDICTIVE DIALERS UTILIZED BY TELEPHONE SOLICITORS THAT AUTOMATICALLY DIAL
PARTIES' TELEPHONE NUMBERS FREQUENTLY RESULT IN ABANDONED TELEPHONE SOLICITATIONS AND SILENCE WHEN THE PARTY
ANSWERS THE PHONE. THESE SOLICITATIONS CONSTITUTE AN INTRUSION ON THE PROPERTY OF PARTIES AND AN INVASION OF
PRIVACY.
(E)
THE GROWING PRACTICE OF PREACQUIRED ACCOUNT TELEPHONE SOLICITATION, IN WHICH A TELEPHONE SOLICITOR
ACQUIRES THE PARTY'S BILLING INFORMATION PRIOR TO INITIATING A TELEPHONE SOLICITATION, HAS INCREASINGLY
RESULTED IN UNAUTHORIZED CHARGES TO PARTIES' FINANCIAL ACCOUNTS.
(C) EXISTING STATE AND FEDERAL LAWS ARE INADEQUATE TO PREVENT THE HARM TO THE PUBLIC WELFARE THAT RESULTS FROM
TELEPHONE SOLICITATIONS.
(D) ALLOWING PARTIES TO CHOOSE NOT TO RECEIVE UNWANTED TELEPHONE SOLICITATIONS BY PLACING THEIR TELEPHONE
NUMBERS ON A ' DO NOT CALL' LIST PROVIDES A MEANS BY WHICH PARTIES CAN PROTECT THEMSELVES FROM FRAUD RELATED
TO TELEPHONE SOLICITATIONS AND FROM THE RESULTING ECONOMIC HARM AND INVASION OF PRIVACY.
(2) THE PURPOSE OF ORS 646.567 TO 646.578 IS TO PREVENT THE HARMFUL EFFECTS SET FORTH IN SUBSECTION (1)(B) OF
THIS SECTION THAT RESULT FROM TELEPHONE SOLICITATIONS WITHOUT INHIBITING LEGITIMATE TELEPHONE SOLICITATIONS TO
PARTIES WHO CHOOSE TO RECEIVE THEM. PROHIBITING TELEPHONE SOLICITATIONS TO THOSE OREGONIANS WHOSE TELEPHONE
NUMBERS APPEAR ON THE LIST DESCRIBED IN ORS 646.574 ENABLES OREGONIANS TO CHOOSE WHETHER TO RECEIVE TELEPHONE
SOLICITATIONS.
646.567. Definitions for ORS 646.567 to 646.578.
As used in ORS 646.567 to 646.578, unless the context otherwise requires:
(1)
"Charitable organization" means an organization organized for charitable purposes as defined in ORS
128.801.
(2)
"Information about a party" means information specific to a party, including but not limited to the name
and address of the party and the method by which the party paid the fee required by ORS 646.574.
(3)
"Party" means a telephone customer of a telecommunications company.
(4)
"Qualified trade association" means an organization with at least the following characteristics:
(a)
Written bylaws or governing documents including a code of conduct for its members; and
(b)
Criteria and procedures for expelling or suspending members who violate the association's bylaws or
governing documents.
(5)
"Telephone solicitation" means the solicitation by telephone by any person of a party for the purpose of
encouraging the party to purchase real estate, goods or services, or make a donation. "Telephone solicitation"
does not include:
(a)
Calls made in response to a request or inquiry by the called party;
(b)
Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or
agency to members of the organization or agency or to persons who have donated or expressed an interest in
donating real estate, goods or services or real estate to the organization or agency;
(c)
Calls limited to polling or soliciting the expression of ideas, opinions or votes; or
(d)
Business to business contacts.
