Law / United States /
Oregon
Oregon Unlawful Telephone Solicitations Act (as amended by 2025 Or. Laws ch. 580, effective January 1, 2026)
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Prohibition, Disclosure
What it requires
- Once a party you call or text as part of a telephone solicitation states a desire not to be called or texted again, do not make a subsequent telephone solicitation of that party at that number.NIST Privacy FrameworkCT.PO-P3
- Do not initiate a telephone solicitation outside the hours of 8 a.m. to 8 p.m., or more than three separate times to a party within a 24-hour period, unless you have an established business relationship with the party (a transaction with the party within the preceding 18 months).NIST Privacy FrameworkCT.PO-P1
- Do not misrepresent or falsify your own identity, the identity of a person you are calling on behalf of, or the purpose of the telephone solicitation.no control in the NIST Privacy Framework
- These duties reach only a telephone solicitation as defined: a call or text message encouraging a party to purchase real estate, goods or services or to make a donation. They do not reach a charitable organization, public agency or its volunteers contacting members or past or prospective donors, a call or text limited to polling or soliciting opinions or votes, a business-to-business contact, or a call or text that responds directly to a message the party sent.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
A civil penalty set by the court of not exceeding $25,000 per violation, which a prosecuting attorney may recover on petition in a suit under ORS 646.632 where the court finds the person willfully used a practice declared unlawful by ORS 646.608; a violation of ORS 646.563 is declared unlawful by ORS 646.608(1)(jj).
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 25,000
Statutory damages
Available under Oregon's Unlawful Trade Practices Act, ORS 646.638, only to a person who suffers an ascertainable loss of money or property from another person's willful violation; recovery is the greater of actual damages or $200 statutory damages per action, not a per-call amount, plus possible punitive damages and attorney fees.
- As of
- Currency
- USD
- Per person minimum
- 200
Who enforces it
Enforcement body
The Attorney General or a district attorney, as a prosecuting attorney under the Unlawful Trade Practices Act; a private civil action under ORS 646.638 for a willful violation.
Settledness
- As of
- Open questions
- Does a request to stop that a party sends by reply text message after a solicitation has ended count as the party stating a desire 'not to be called or texted again' during a telephone solicitation within the meaning of ORS 646.563(1)(a)?
What this law does
House Bill 3865 (Oregon Laws 2025, chapter 580) amended this section, effective . As amended, Oregon bars a person from making a subsequent telephone solicitation, by call or text message, of a party who has stated during a telephone solicitation a desire not to be called or texted again.
It also bars initiating a telephone solicitation outside the hours of 8 a.m. to 8 p.m., or more than three separate times to a party within 24 hours, unless the person has an established business relationship with the party. An established business relationship for this purpose means a transaction within the preceding 18 months. And it bars misrepresenting or falsifying the caller's own identity or the identity of the person on whose behalf the call is made, or the purpose of the solicitation.
A telephone solicitation for this purpose is a call or text message encouraging a party to purchase real estate, goods or services or to make a donation, and it excludes a charitable organization or public agency contacting its own members or donors, a call or text limited to polling or soliciting opinions or votes, a business-to-business contact, and a call or text that responds directly to a message the party sent.
A party is a telephone customer of a telecommunications company, and a person may rely on a mobile number's area code to decide whether the party is in Oregon. A violation is an unlawful trade practice, letting a person who suffers an ascertainable loss from a willful violation sue under ORS 646.638 for actual damages or $200, whichever is greater, plus attorney fees, in addition to the Attorney General's own enforcement powers.
When LexLint raises it
When your app profile says your app places automated calls or sends automated texts.
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