Oregon Business Laws: What You Need To Know

Oregon has a multitude of laws that regulate what businesses can and cannot do. These laws cover a range of topics, including privacy, antitrust, interest rates, and deceptive trade practices. For example, the Oregon Consumer Privacy Act, which comes into effect on July 1, 2024, gives consumers various rights regarding their personal data and imposes obligations on businesses to protect that data. Oregon's antitrust laws prevent monopolies and foster competition, while the state's interest rate laws set limits on lending rates. Additionally, Oregon has laws prohibiting false advertising and deceptive business practices. Understanding these laws is crucial for businesses operating in the state to ensure legal compliance and avoid penalties.

Privacy laws

The Oregon Consumer Privacy Act (OCPA) or Oregon Consumer Data Privacy Act (OCDPA) was signed into law in 2023 and will take effect on July 1, 2024. The law applies to any individual or entity that conducts business in Oregon or provides products or services to Oregon residents if, during a calendar year, they control or process the personal data of at least 100,000 consumers or 25,000+ consumers and derive over 25% of annual gross revenue from the sale of personal data.

The OCPA/OCDPA defines a "controller" as an individual or entity that controls or processes consumer personal data and a "processor" as an entity that processes personal data on behalf of a controller. The law applies to vendors and service providers that maintain or provide services involving personal data on behalf of a controller.

Under the OCPA/OCDPA, controllers must provide consumers with a reasonably accessible, clear, and meaningful privacy notice. This notice must disclose the categories of personal data (including sensitive data) processed by the controller and the purpose of such processing, the categories of personal data and third parties with whom the controller shares personal data, and how consumers may contact the controller and exercise their privacy rights.

Controllers may only process personal data that is "adequate, relevant, and reasonably necessary" for specified purposes. They must also implement safeguards to protect the confidentiality, integrity, and accessibility of personal data and reduce reasonably foreseeable risks of harm to consumers.

The OCPA/OCDPA grants consumers a variety of rights, including the right to access, correct, delete, and obtain a copy of their personal data, and to opt out of the selling of personal data and/or sharing of personal data for targeted advertising. Consumers also have the right to know a list of the specific third parties that have received their personal data, and the right to correct inaccuracies in their personal data.

The law defines "sensitive data" as any data revealing an individual's racial or ethnic background, national origin, religious beliefs, mental or physical health conditions, sexual orientation, citizenship or immigration status, status as transgender or non-binary, or status as a crime victim. It also includes genetic data, biometric data, personal data of a child under 13, and information about an individual's specific past or present location.

The OCPA/OCDPA imposes civil penalties of up to $7,500 per violation for non-compliance.

Antitrust laws

Oregon's antitrust laws are covered in Chapter 646 of the Oregon Revised Statutes. Here is a summary of the key points:

Prohibited Activities

Monopolies or combining to monopolize any part of trade

Contracts or conspiracies to restrain trade

Price discrimination between different purchasers to lessen competition in any line of commerce

Private Lawsuits

Oregon law permits a private lawsuit against an antitrust law violator. The Oregon Department of Justice is the agency with the power to enforce these laws.

Time Limit to Bring Claim

The time limit to sue an antitrust violator, also known as the statute of limitations, is four years or within one year after the end of any cases based on the same matter in federal court.

Attorney's Fees

The state and individual consumers can have their reasonable attorney's fees, expert's fees, and investigative fees paid by the defendant(s) if they win their case. Defendants can also be awarded attorney’s fees and other fees when there was no objectively reasonable basis for the antitrust lawsuit by the Attorney General.

Interest rate laws

• All moneys after they become due; open accounts bear interest from the date of the last item.
• Money received for another's use and retained beyond a reasonable time without the owner's consent.
• Money due or to become due with a contract to pay interest but no specified rate.

The rate of interest on judgments for the payment of money is also nine percent per annum. However, a judgment on a contract bearing more than nine percent interest will bear interest at the same rate in the contract from the date of the judgment.

Lenders making business loans of less than $50,000 and certain financial institutions are exempt from these limits. The exempt institutions include:

• Financial institutions or trust companies.
• Consumer finance licensees.
• Pawnbrokers.
• Lenders approved under the National Housing Act.
• Loans secured with real property.
• Loans secured through the U.S. government, securities, or commercial paper.
• Broker-dealers registered under the Securities Exchange Act of 1934.

Any person who violates the lawful rate provided under Section 82.010 will forfeit the right to collect or receive any interest upon the loan and the borrower will only be required to repay the principal amount.

Deceptive trade practices laws

The Oregon deceptive trade practices statute prohibits specific business acts that are deemed unlawfully deceptive. This includes:

• Passing off goods or services as those of another (e.g. selling counterfeit goods)
• Intentionally causing confusion about the origin, approval, sponsorship, or certification of goods or services
• Representing goods or services as having a sponsorship, approval, certification, ingredients, or benefits that they do not have
• Selling reclaimed, altered, deteriorated, or used goods as new and unblemished
• False advertising, including promoting an item without supplying its reasonable demand (bait-and-switch)

Oregon's deceptive trade practices statute also includes provisions related to auto odometer tampering and civil actions. Under the statute, tampering with an odometer to misrepresent the number of miles is a Class C felony, with a penalty of $1,500 or treble damages, plus attorney fees. Civil actions can be brought to recover actual damages or $200, whichever is greater, and punitive and equitable relief may also be awarded.

In addition to the UDTPA, Oregon's Unlawful Trade Practices Act also prohibits deceptive or misleading business practices, with the Attorney General serving as the primary enforcer of this law.

Civil statute of limitations laws

In Oregon, the statute of limitations is a legal term that refers to the amount of time someone has to bring a lawsuit or file a claim. The statute of limitations varies depending on the type of case and can range from a few months to several years.

The majority of civil actions must be filed within two years under Oregon law. For personal injury cases, the statute of limitations is generally two years from the date of injury or discovery of the injury. For medical malpractice cases, the statute of limitations is usually two years from the date of the injury or from when the patient discovers or should have discovered the injury.

For breach of contract cases, the statute of limitations in Oregon is six years from the date of the breach, unless the parties agree on a shorter time frame. The statute of limitations for property damage claims is generally six years from the date of the damage, and for defamation claims, it is one year from the date of the publication of the statement.

There are several exceptions to the statute of limitations in Oregon that may allow a plaintiff to file a lawsuit or claim after the normal time limit has expired. Some common exceptions include:

• Minority: If the plaintiff is a minor at the time of the injury, the statute of limitations may be extended until the minor reaches the age of 18.
• Disability or incapacity: If the plaintiff is incapacitated or disabled at the time of the injury, the statute of limitations may be extended until the disability or incapacity is removed.
• Fraud or concealment: If the defendant fraudulently conceals the cause of action or the injury from the plaintiff, the statute of limitations may be extended until the plaintiff discovers or should have discovered the cause of action.
• Continuous harm: If the harm caused by the defendant is ongoing or continuous, the statute of limitations may be extended until the harm ceases.
• Out of state or out of hiding: If the defendant is out of state or in hiding, the statute of limitations may be tolled (delayed) until they can be located and served with the complaint.

It's important to note that these exceptions must be proven in court and are not automatic. If you believe that one of these exceptions may apply to your case, it's crucial to speak with an experienced attorney who can evaluate your situation and determine the best course of action.

Frequently asked questions