Oregon Statutes 646A.372 – Limits on usage of automatic dialing and announcing device
(1)(a) A caller may not use an automatic dialing and announcing device in order to call a subscriber unless:
Terms Used In Oregon Statutes 646A.372
- Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(A) The device is designed and operated so as to disconnect within 10 seconds after the subscriber terminates the call; and
(B) The device provides, and the prerecorded or synthesized voice message that the device plays describes, a method by which a subscriber, within the first 10 seconds after a call begins, may enter a single dual-tone multifrequency signal or otherwise enter or speak a one-digit code to notify the caller that the subscriber does not want to receive any future calls from the caller.
(b) Paragraph (a)(B) of this subsection does not apply to a caller that:
(A) Is a collection agency, as defined in ORS § 697.005, a debt buyer or a debt collector, as defined in ORS § 646.639;
(B) Is a representative of a public safety or law enforcement agency; or
(C) Has an established business relationship with the subscriber.
(2) A caller may not use an automatic dialing and announcing device to make a call unless the range of telephone numbers from which the device chooses the number to dial does not include numbers for:
(a) Fire protection, law enforcement or other emergency agencies;
(b) Hospital and health care facilities, physician’s offices, poison control centers or suicide prevention or domestic violence counseling services; and
(c) Subscribers who used the method described in subsection (1)(a)(B) of this section to notify the caller that the subscribers do not want to receive any future calls from the caller.
(3) Subsection (2)(c) of this section does not apply to a caller that:
(a) Is a collection agency, as defined in ORS § 697.005, a debt buyer or a debt collector, as defined in ORS § 646.639;
(b) Is a representative of a public safety or law enforcement agency; or
(c) Has an established business relationship with the subscriber.
(4)(a) A caller may not use an automatic dialing and announcing device that dials telephone numbers randomly or sequentially unless the range of telephone numbers from which the device chooses the number to dial does not include numbers for subscribers who appear on an official list that a government agency compiled for the purpose of informing potential callers that the subscribers do not want to receive telephone solicitations.
(b) Paragraph (a) of this subsection does not apply to a caller that:
(A) Has an established business relationship with the subscriber;
(B) Is a debt buyer or is subject to regulation under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.;
(C) Is a representative of a public safety or law enforcement agency; or
(D) Is a representative of a school district or school if the subscriber is an employee of the school district, a student or the student’s parent, guardian or other family member.
(5) A caller that uses an automatic dialing and announcing device may use the device to call a subscriber only between the hours of 9 a.m. and 9 p.m. [2007 c.823 § 2; 2015 c.561 § 2]