Law / United States / 
Oregon
Oregon Unsolicited Facsimile Machine Transmissions Statute
In force.
A commercial messages rule binding public and private bodies.
- Obligation class
- Prohibition
What it requires
- Once a person who has received unsolicited and unwanted advertising material for the sale of real estate, goods or services on a facsimile machine gives you written notice to discontinue, do not use a facsimile machine to send that person unsolicited advertising material for the sale of real estate, goods or services for one calendar year from the date of the notice.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- 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. 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 646A.360 is declared unlawful by ORS 646.608(1)(hh).
- 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, 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 fax delivered through an internet fax service to an email address reach a person 'through connection with a telephone network', as ORS 646A.360(2) defines a facsimile machine?
What this law does
If a person receives unsolicited and unwanted advertising material for the sale of real estate, goods or services on a facsimile machine, that person may give the sender written notice to stop, and once given, the sender may not fax unsolicited advertising material to that person for one calendar year.
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. The codified text names no enacting act, and no day on which the section came into force has been located.
When LexLint raises it
When your app profile says your app sends faxes.
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