Law / United States / 
Oregon
Oregon Automatic Dialing and Announcing Device Statute (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
- Consent, Prohibition, Disclosure
As of .
What it requires
- Before using an automatic dialing and announcing device to call a subscriber, design or operate it to disconnect within 10 seconds after the subscriber ends the call, and to offer the subscriber a one-touch or one-digit method within the first 10 seconds to opt out of future calls from you, unless you are a collection agency, debt buyer, debt collector, a public safety or law enforcement representative, or you have an established business relationship with the subscriber.
- Do not use such a device to dial a fire, law enforcement or other emergency agency, a hospital, health care facility, physician's office, poison control center, or suicide-prevention or domestic-violence counseling service; do not dial a subscriber who used the device's opt-out against you unless you are a collection agency, debt buyer or debt collector, a public safety or law enforcement representative, or have an established business relationship; and, when dialing randomly or sequentially, do not dial a subscriber on an official government do-not-call list unless you have an established business relationship, are a debt buyer or subject to the Fair Debt Collection Practices Act, are a public safety or law enforcement representative, or are a school district or school calling its employees, students or their families.
- Use such a device to call a subscriber only between 8 a.m. and 8 p.m., and no more than three times in 24 hours, unless one of the government-list exceptions applies or you are responding directly to the subscriber's own message; you may rely on a mobile number's area code to decide whether the subscriber is in Oregon.
- Do not misrepresent or falsify your identity, the identity of a person you represent, your telephone number, your location, or the purpose of the call when speaking with the subscriber or in the prerecorded, synthesized-voice or text message a device disseminates.
- Whether or not you use such a device, do not intentionally alter, misrepresent or falsify the information a caller identification service would ordinarily provide to the called subscriber.
- Do not knowingly, or while consciously avoiding knowledge, provide substantial assistance or support, including carrying or facilitating calls, for another person's violation of the misrepresentation or caller-ID duties, unless you are a common carrier or a network operator on whose network the call merely terminates.
If you get it wrong
Private right of actionYes
Penalty structure
A civil penalty of not more than $5,000 for each violation of ORS 646A.372 or 646A.374, which the Attorney General may seek under ORS 646A.376 notwithstanding the higher general Unlawful Trade Practices Act penalty ceiling in ORS 646.642; this is separate from, and not collected by, a private plaintiff.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Statutory damages
Available under Oregon's Unlawful Trade Practices Act, ORS 646.638, only for a willful violation of the misrepresentation or caller-ID duties in ORS 646A.374(2) or (3), which that section itself declares an unlawful trade practice under ORS 646.608; recovery is the greater of actual damages or $200 statutory damages per action. The usage-limit duties in ORS 646A.372 are not declared unlawful under ORS 646.608 and carry no private right under this section.
- As of
- Currency
- USD
- Per person minimum
- 200
Who enforces it
Enforcement body
The Attorney General, through investigation under ORS 646.618 and enforcement under ORS 646.632, for ORS 646A.372 and 646A.374; a private civil action under ORS 646.638 for a willful violation of ORS 646A.374's misrepresentation or caller-ID duties, which ORS 646.608(1)(ff) lists.
What this law does
House Bill 3865 (Oregon Laws 2025, chapter 580) amended this statute, effective .
As amended, a caller may not use an automatic dialing and announcing device, a device that selects and dials numbers and disseminates a prerecorded or synthesized voice or text message, to call a subscriber by telephone unless the device disconnects within 10 seconds after the subscriber ends the call and, within the first 10 seconds, offers a one-touch or one-digit method for the subscriber to opt out of future calls; the opt-out duty does not reach a collection agency, debt buyer or debt collector, a public safety or law enforcement representative, or a caller with an established business relationship with the subscriber.
The device may not dial a number for a fire, law enforcement or other emergency agency, a hospital, health care facility, physician's office, poison control center, or suicide-prevention or domestic-violence counseling service, or a subscriber who used the opt-out (unless the caller is a collection agency, debt buyer or debt collector, a public safety or law enforcement representative, or has an established business relationship), and, when dialing randomly or sequentially, a subscriber on an official government do-not-call list (unless the caller has an established business relationship, is a debt buyer or subject to the Fair Debt Collection Practices Act, is a public safety or law enforcement representative, or is a school district or school calling its employees, students or their families).
It may be used to call a subscriber only between 8 a.m. and 8 p.m. and no more than three times in 24 hours, with the same exceptions as the government-list rule plus a caller responding directly to the subscriber's own message, and a caller may rely on a mobile number's area code to decide whether the subscriber is in Oregon.
A caller using such a device may not misrepresent or falsify, in speaking with the subscriber, in the prerecorded or synthesized message or in any text message, the caller's own or a represented person's identity, the caller's telephone number, the caller's location, or the purpose of the call.
Separately, a caller, a term that section does not limit to a user of such a device, may not intentionally alter, misrepresent or falsify the information a caller identification service would ordinarily provide.
A person who knowingly, or while consciously avoiding knowledge, provides substantial assistance for a misrepresentation or caller-ID violation, including carrying or facilitating the calls, is liable to the same extent as the caller, except a common carrier or a network operator on whose network the call merely terminates.
A violation of the misrepresentation and caller-ID duties 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.
A violation of the usage limits is an unlawful trade practice subject to Attorney General investigation and enforcement with a civil penalty of up to $5,000 for each violation, and ORS 646.608, whose list the private action under ORS 646.638 depends on, names ORS 646A.374 but not ORS 646A.372.
When LexLint raises it
When your app profile says your app sends automated outreach.