§ 646A.158 — Prohibited conduct

Oregon § 646A.158

• Jurisdiction: Oregon
• Vol.: 16
• Title 50: Trade Regulations and Practices
• Ch. 646A: Trade Regulation

Text

(1) A service contract seller or obligor shall not in a misleading or deceptive manner use in its name, contracts or literature, the words insurance, casualty, guaranty, surety, mutual or any other words descriptive of the insurance, casualty, guaranty, surety or mutual business.
(2) In the offer or sale of any service contract, a person may not:
(a) Make, issue, circulate or cause to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any service contract sold or to be sold or the benefits or advantages therein.
(b) Employ any device, scheme or artifice to defraud.
(c) Obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it was made, not misleading.
(d) Engage in any other transaction, practice or course of business which operates as a fraud or deceit upon the service contract holder.
(3) In providing required services under a service contract, a person may not:
(a) Fail to acknowledge and act within a reasonable time upon communications requesting services under a service contract. Unless the service contract provides otherwise, a person shall be deemed to have acted within a reasonable time if the person responds to a communication received from a service contract holder within 30 days of receipt of the communication.
(b) Fail to act in good faith in reviewing a request for services under a service contract and advising the service contract holder whether the request is covered under the terms and conditions of the service contract.
(c) Fail to act in good faith in providing covered services under a service contract.

Legislative History

Formerly 646.271