ORS 646.644 Free Offer; Required Disclosures; Limitations On Financial Obligation Incurred By Consumer; Enforcement; Exception

• Library: Oregon Statutes
• Edition: 2023
• Currency: Current through legislation effective January 1, 2024
• Year: 2023
• Citation: ORS 646.644

(1) As used in this section:

(a) "Affirmative consent" means a consumer's agreement to incur a financial obligation as a result of accepting a free offer, or to provide the consumer's billing information, given or made in the manner specifically identified for the consumer to indicate the consumer's agreement.

(b) "Billing information" means any record or information compiled or maintained with respect to a consumer that identifies the consumer and provides a means by which the consumer's financial obligation incurred by accepting a free offer may be paid or otherwise satisfied, including but not limited to information pertaining to a consumer's credit card, payment card, charge card, debit card, checking, savings or other banking account, and electronic funds transfer information.

(c) "Clear and conspicuous information" means language that is readily understandable and presented in such size, color, contrast and location, or audibility and cadence, compared to other language as to be readily noticed and understood, and that is in close proximity to the request for consent to a free offer.

(d) "Consumer" means an individual who seeks to accept or accepts a free offer.

(e)

(A) "Free offer" means an offer of goods or services without cost, or for a one-time payment to cover only incidental charges such as shipping and handling, to a consumer that, if accepted, causes the consumer to incur a financial obligation for:

(i) The goods or services received;

(ii) Additional goods or services other than those initially received; or

(iii) Enrollment in a membership, subscription or service contract as a result of accepting the offer.

(B) "Free offer" does not include a free good or service that is received by a consumer as a result of the consumer's entering into an agreement for enrollment in a membership, subscription or service contract that is not otherwise a free offer or a consequence of the consumer's agreement to accept a free offer.

(2) A person may not make a free offer to a consumer, or impose a financial obligation on the consumer as a result of the consumer's acceptance of a free offer, unless the person provides the consumer with clear and conspicuous information regarding the terms of the free offer before the consumer agrees to accept the free offer, including at a minimum:

(a) Identification of all goods or services, or enrollments in a membership, subscription or service contract, that the consumer will receive or incur a financial obligation for as a result of accepting the free offer;