Section 646.569 - Prohibition of solicitation of party on do-not-call list; liability for assistance or support; exceptions(1)(a) A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list:(A) Published by the administrator of the telephone solicitation program established under ORS 646.572 and 646.574; or(B) Maintained as part of the federal registry designated under ORS 646.572.(b) If a person knows or consciously avoids knowing that another person is engaging in an act or practice that violates the provisions of paragraph (a) of this subsection and the person nonetheless provides substantial assistance or support for the violation, including permitting, carrying or facilitating calls that violate paragraph (a) of this subsection, the person is liable for any loss and subject to any penalty for the violation to the same extent as the person that engaged in the violation of paragraph (a) of this subsection.(c) A violation of paragraph (a) of this subsection is an unlawful practice under ORS 646.608.(d) Paragraphs (b) and (c) of this subsection do not apply to:(A) A telecommunications utility or cooperative corporation when engaged in providing a telecommunications service and operating as a common carrier, as defined in 47 U.S.C. 153(11), as in effect on September 24, 2023, including a radio common carrier that engages in providing cellular communications services for hire; and(B) A person that enables another person to complete a voice communication by means of a network that the person operates and on which the voice communication terminates.(2) For purposes of this section: (a) "Cooperative corporation" means a cooperative corporation or unincorporated association that has a certificate of authority from the Public Utility Commission under ORS 759.025.(b) "Predecessor of the business enterprise" means a financial institution as defined in 15 U.S.C. 6827 that has: (A) Merged with or been acquired by the business enterprise for which the person is calling; or(B) Sold or assigned an account of a party who has previously purchased from the business enterprise, to the business enterprise for which the person is calling.(c) "Radio common carrier" has the meaning given that term in ORS 759.005.(d) "Telecommunications service" has the meaning given that term in ORS 759.005.(e) "Telecommunications utility" has the meaning given that term in ORS 759.005.(f) "Telephone solicitation" does not include a person soliciting business from prospective purchasers who have previously purchased from:(A) The person making the solicitation;(B) The business enterprise for which the person is calling; or(C) A predecessor of the business enterprise for which the person is calling.Amended by 2023 Ch. 322,§ 1, eff. 9/24/2023.1989 c.451 §2; 1999 c.564 §1; 2001 c.503 §1; 2007 c. 441, § 5