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CHAPTER 39
OREGON
A. Scope of the Statute and Elements of a Cause of Action
The Oregon Unlawful Trade Practices Act (OUTPA)1 prohibits,
among other things, the use of any “unconscionable tactic in connection
with selling, renting or other disposing of real estate, goods or services, or
collecting or enforcing an obligation” in the course of a person’s business,
vocation, or occupation.2 The OUTPA defines “unconscionable tactics” as
including, but not limited to:
actions by which a person: (a) [k]nowingly takes advantage of a
customer’s physical infirmity, ignorance, illiteracy or inability to
understand the language of the agreement; (b) [k]nowingly permits a
customer to enter into a transaction from which the customer will derive
no material benefit; (c) [p]ermits a customer to enter into a transaction
with knowledge that there is no reasonable probability of payment of the
attendant financial obligation in f ull by the customer when due; or (d)
[k]nowingly 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.3
The OUTPA also proscribes other “unlawful” trade or business practices,
as enu merated within the statute.4 These enumerated unlawful practices
include, among other things, making “any false or misleading statement
about a prize, contest or promotion used to publicize a product, business
or service”;5 organizing or inducing or attempting “to induce membership
in a pyramid club”;6 and using “deceptive representations or designations
of geographic origin in connection with real estate, goods or services.”7
In addition to enumerated unlawful practices and “unconscionable
tactics,” the OUTPA includes a catchall provision prohibiting “any other
1. OR. REV. STAT. §§ 646.605 through 646.700.
2. Id. § 646.607(1).
(Or. Ct. App. 1994) (noting limits on the scope of the statute’s reach).
4. OR. REV. STAT. §§ 646.607(2)-(8), 646.608(1)(a)-(aaaa).
5. Id. § 646.608(1)(p).
6. Id. § 646.608(1)(r).
7. Id. § 646.608(1)(d).
