Oregon lawmakers expand telemarketing regulations to include text messages

The Senate Committee on Judiciary convened on April 24, 2025, to discuss significant legislative measures aimed at regulating telephone solicitations, particularly in light of the increasing prevalence of unsolicited text messages. The meeting was chaired by Senator Prozanski, with Vice Chair Thacher and other committee members present.

The first item on the agenda was House Bill 65A, which seeks to expand the definition of telephone solicitation to include text messages. This bill proposes that initiating a telephone solicitation outside the hours of 9 AM to 7 PM, or more than three times within a 24-hour period, would be considered an unlawful practice under Oregon's Unlawful Trade Practices Act. Additionally, it aims to prohibit misrepresentation of identity or purpose in solicitations and restrict the use of automatic dialing devices to the same hours. The bill is set to take effect 90 days after the legislative session concludes.

Representative Nathan Sosa, who introduced the bill, highlighted the growing issue of unsolicited solicitations, noting that many residents receive multiple solicitations daily. He emphasized the need to modernize existing laws to include text messaging, which was not addressed in earlier statutes. The proposed changes would also shorten the permissible hours for such solicitations, providing consumers with greater protection from harassment.

Following Sosa's remarks, the committee heard testimony from Leslie Wu, a policy adviser to the Oregon Attorney General. Wu supported House Bill 3865, which establishes that violations of the Oregon Home Solicitation Act are also unlawful practices under the Unlawful Trade Practices Act. She provided context on the surge of complaints regarding unwanted text messages, citing that the FCC received 24,000 consumer complaints in 2024 alone. Wu explained that Oregon's current statutes do not adequately address text messaging, which has become a common method for solicitations.

The committee engaged in discussions regarding the practical implications of the proposed laws, including how businesses would determine compliance with the new solicitation hours based on consumer area codes. Questions were raised about the treatment of entities with which consumers have established relationships, clarifying that ongoing communications would not be classified as solicitations.

The meeting concluded with a commitment to further refine the legislation to ensure clarity and compliance for businesses while enhancing consumer protections. The committee plans to continue discussions on these bills in future sessions, reflecting a proactive approach to addressing the evolving landscape of communication and consumer rights in Oregon.