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Bill would codify home‑solicitation protections as unlawful trade practices
Summary
A public hearing on House Bill 3605 focused on a proposal to state explicitly that violations of Oregon's Home Solicitation Sales Act are unlawful trade practices under the Unlawful Trade Practices Act, clarifying existing case law and allowing both the attorney general and harmed consumers to pursue enforcement.
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Representative Willie Joelson, state representative for House District 46, on Thursday introduced House Bill 3605, a measure to make explicit in statute that violations of Oregon's Home Solicitation Sales Act are unlawful trade practices under the Unlawful Trade Practices Act. The bill, as introduced, would take effect on the 91st day following adjournment sine die.
The bill's sponsor said the measure does not change the substance of existing law but clarifies enforcement options. "What I just described is already against the law in Oregon and it has been for more than 54 years," Representative Willie Joelson said, referring to high‑pressure door‑to‑door sales tactics and a 1970s court decision on the issue. Joelson told the committee the bill would make clear that consumers who are misled in home solicitation sales can seek relief through the Unlawful Trade Practices Act and that the attorney general can act on behalf of harmed Oregonians.
The bill grows out of litigation and case law dating to the 1970s, when courts found that deceptive tactics used in door‑to‑door sales violated both the Home Solicitation Sales Act and the Unlawful Trade Practices Act. Leslie Wu, policy adviser to Attorney General Rayfield with the Oregon Department of Justice, told the committee the department supports the bill and has proposed a "very, very minor amendment" to streamline language. "Codifying this in the UTPA will help Oregonians know what their rights are," Wu said.
Advocates also urged the committee to approve the clarification. Chris Coughlin of Oregon Consumer Justice said the change would provide a clearer path to remedy when businesses use deceptive tactics at the doorstep, particularly for older Oregonians and people whose first language is not English. "A knock on the door should never lead to an unnecessarily stressful encounter where consumers are subjected to high pressure, deceptive sales tactics," Coughlin said.
Committee members noted the bill's history. Chair Sosa observed that the measure was filed previously in 2023 and passed the House but did not advance out of the Senate. No vote was taken Thursday; the committee received testimony and closed the public hearing on HB 3605 before opening the next public hearing.
The committee did not take formal action on the measure during the hearing. Any changes requested by the Department of Justice were described as technical amendments that would not change the underlying policy. The bill text specifies the effective date as the 91st day after adjournment sine die of the legislative session.
