Oregon Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Oregon regulates telemarketing through several groups of provisions in Chapters 646 and 646A of the Oregon Revised Statutes (ORS). All of them are enforced through the Unlawful Trade Practices Act (UTPA).

• Do-not-call (ORS 646.567 to 646.578). Telephone solicitations are barred to numbers on the do-not-call list. The statute lets the Attorney General designate the federal Do Not Call Registry in place of a state list, and the Oregon Department of Justice (DOJ) directs consumers to the National Do Not Call Registry. Anyone who knowingly provides "substantial assistance or support" for a violation is equally liable.
• Call conduct (ORS 646.561 to 646.565). Since January 1, 2026, these rules expressly cover text messages. They limit telephone solicitations to 8 a.m. through 8 p.m., cap solicitations at three per party in 24 hours, and prohibit calling or texting again after a person says not to.
• Automatic dialing and announcing devices (ORS 646A.370 to 646A.376). Robocalls must offer an opt-out within the first 10 seconds. The same 8 a.m. to 8 p.m. and three-per-day limits apply, and spoofing or misrepresenting caller identity is prohibited.
• Telephonic seller registration (ORS 646.551 to 646.557). Sellers making certain high-risk solicitations must register annually with the DOJ and pay a $400 fee.

Violations are unlawful practices under ORS 646.608. Any person who suffers an ascertainable loss from a willful violation may sue for actual damages or $200, whichever is greater, plus punitive damages and attorney fees. The Attorney General may seek civil penalties.

Key statutes

Detailed provisions

Do-not-call

ORS 646.569(1)(a) provides that "A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list" published by a state program administrator or "Maintained as part of the federal registry designated under ORS 646.572." The Attorney General may either contract for a state list or "Designate a federal "do not call" registry, including but not limited to the registry maintained by the Federal Trade Commission under 16 C.F.R. 310, in lieu of an Oregon do not call registry" (ORS 646.572(1)(b)). The DOJ's telemarketing guidance tells consumers to register with the National Do Not Call List and describes the calls that remain permitted "under Oregon law, even if you are on the National Do Not Call List." We did not locate a published designation document, so readers who need the formal designation should confirm it with the DOJ.

For the do-not-call provisions, "Telephone solicitation" means "the solicitation by telephone by any person of a party for the purpose of encouraging the party to purchase real estate, goods or services, or make a donation" (ORS 646.567(5)). A "Party" is "a telephone customer of a telecommunications company" (ORS 646.567(3)). The definition excludes:

• calls made in response to the called party's request or inquiry;
• calls by charities, public agencies or their volunteers to members or donors;
• polling calls; and
• "Business to business contacts."

Calls to prior purchasers are also excluded. Telephone solicitation "does not include a person soliciting business from prospective purchasers who have previously purchased from" the caller, the business enterprise for which the person is calling, or a predecessor of that enterprise (ORS 646.569(2)(f)). The statute sets no time limit on this prior-purchaser exception. It also has no general exception for prior express written consent beyond the request-or-inquiry exclusion.

Substantial assistance. Under ORS 646.569(1)(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.

Telecommunications utilities and cooperatives acting as common carriers are excluded from this liability, as are persons that operate the terminating network for a voice communication (ORS 646.569(1)(d)). The provision was added by Oregon Laws 2023, chapter 322 (House Bill 2759). It reaches lead generators, dialer platforms, and non-carrier VoIP providers that knowingly facilitate calls to listed numbers.

A violation of the do-not-call prohibition "is an unlawful practice under ORS 646.608" (ORS 646.569(1)(c)). ORS 646.608(1)(ff) lists violations of "ORS 646.569 or 646A.374."

Call and text conduct rules

As amended by Oregon Laws 2025, chapter 580 (House Bill 3865), effective January 1, 2026, ORS 646.561(4)(a) defines "Telephone solicitation" as:

"Telephone solicitation" means a solicitation for the purpose of encouraging a party to purchase real estate, goods or services, or to make a donation, made to the party by means of:

(A) A call on a telephone or telephone line; or

(B) A text message.

The definition excludes member and donor contacts by charities and public agencies, polling, "A business to business call or text message," and "A call or text message that responds directly to a message received from a party" (ORS 646.561(4)(b)). An "Established business relationship" is "a previous transaction or series of transactions between a caller and a party that occurred within the 18 months that preceded a call" (ORS 646.561(2)).

ORS 646.563(1) provides:

(1) A person engages in an unlawful practice if:

(a) During a telephone solicitation, the called or texted party states a desire not to be called or texted again and the person making the telephone solicitation makes a subsequent telephone solicitation of the called or texted party at that number.

(b) The person initiates a telephone solicitation outside the hours of 8 a.m. to 8 p.m. or initiates a solicitation more than three separate times to a party within a 24-hour period, unless the person has an established business relationship with the party.

(c) The person during a telephone solicitation misrepresents or falsifies:

(A) The person's identity or the identity of another person on behalf of which the person makes the telephone solicitation; or

(B) The purpose of the telephone solicitation.

Oregon's 8 p.m. cutoff is one hour earlier than the federal 9 p.m. limit. The three-per-24-hours cap applies to live calls and texts as well as robocalls. Both limits are waived only for callers with an established business relationship. For compliance purposes, "a person may rely on the area code of a telephone number for a mobile telephone to determine whether the telephone number is for a party located in this state" (ORS 646.563(2)). Violations of ORS 646.563 are unlawful practices under ORS 646.608(1)(jj).

Automatic dialing and announcing devices

ORS 646A.370(1) defines an "Automatic dialing and announcing device" as "an automated device that selects and dials telephone numbers and that, working alone or in conjunction with a person or another device, disseminates a prerecorded or synthesized voice or text message to the telephone number that the device calls." Since 2026, a "Call" includes "A text message" (ORS 646A.370(2)). A "Subscriber" includes individuals with "residential or wireless telephone services" (ORS 646A.370(7)). The reference to "synthesized" messages covers artificial and AI-generated voices, and automated texts are expressly included.

Opt-out and disconnect. Under ORS 646A.372(1)(a), a caller may not use such a device to call a subscriber by telephone unless:

(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.

Numbers that have opted out must be excluded from later dialing (ORS 646A.372(2)(c)). Emergency agencies, hospitals and health care facilities, poison control centers, and suicide prevention and domestic violence services must always be excluded (ORS 646A.372(2)(a), (b)). Random or sequential dialing must exclude numbers on official do-not-call lists (ORS 646A.372(4)). Collection agencies, debt buyers and debt collectors, public safety agencies, and callers with an established business relationship are exempt from the opt-out requirements.

Hours and frequency. Under ORS 646A.372(5)(a), "A caller that uses an automatic dialing and announcing device may use the device to call a subscriber only between the hours of 8 a.m. and 8 p.m. and may not call the subscriber more than three times in 24 hours." The 2025 amendment moved the start time from 9 a.m. to 8 a.m. and the end time from 9 p.m. to 8 p.m. Exemptions cover established business relationships, debt buyers and collectors regulated under the Fair Debt Collection Practices Act, public safety agencies, school communications, and callers "responding directly to a message received from a subscriber."

Misrepresentation and spoofing. Under ORS 646A.374(2), a caller using such a device may not misrepresent or falsify, "in speaking with the subscriber, in the prerecorded or synthesized voice message disseminated during the call or in any text message to the subscriber," the caller's identity or the identity of the person on whose behalf it calls, "The telephone number from which the caller is making the call," "The location from which the caller is making the call," or "The purpose for which the caller is making the call." ORS 646A.374(3) provides: "A caller may not intentionally alter, misrepresent or falsify the information that a caller identification service would ordinarily provide to a subscriber who uses such a service." The same substantial-assistance liability that applies to do-not-call violations applies here (ORS 646A.374(5)).

Penalties. Under ORS 646A.376, a violation of ORS 646A.372 or 646A.374 "is an unlawful trade practice that is subject to investigation under ORS 646.618 and is subject to enforcement under ORS 646.632." In addition, "a civil penalty imposed for a violation of ORS 646A.372 or 646A.374 may not exceed $5,000." ORS 646.608(1)(ff) lists only ORS 646A.374, so the private remedy in ORS 646.638 clearly reaches spoofing and misrepresentation violations. Whether it also reaches ORS 646A.372 violations is less certain.

Telephonic seller registration

The registration requirement applies to a narrower set of solicitations. Under ORS 646.551(2), a "Telephone solicitation" for registration purposes covers:

• solicitations to buy a "business opportunity"; and
• seller-initiated calls that represent or imply bonus units without further cost, prizes or gifts conditioned on a purchase or payment, below-market pricing because of an unusual event or imminent price increase, false seller or manufacturer identity, or sales of precious metals, gemstones, or oil, gas or mineral interests.

Under ORS 646.553(1), "A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to the conduct of such business." Registration "shall be effective for one year" and each application or renewal "shall be accompanied by a fee of $400" (ORS 646.553(2)). Exemptions include securities sellers, licensees acting within their licenses, solicitations of prior purchasers (other than for business opportunities), supervised financial institutions, utilities, publicly traded issuers, and registered charities (ORS 646.551(3)(b)). The person claiming an exemption bears the burden of proving it (ORS 646.555). Registered sellers making prize, precious-metal, mineral-interest or discount office-supply offers must disclose the street address of the calling location and other information (ORS 646.557). Violations are unlawful practices under ORS 646.608(1)(ii).

UTPA remedies

Private action. ORS 646.638(1) provides that "a person that suffers an ascertainable loss of money or property, real or personal, as a result of another person's willful use or employment of a method, act or practice declared unlawful under ORS 646.608, may bring an individual action in an appropriate court to recover actual damages or statutory damages of $200, whichever is greater." Punitive damages and equitable relief are available.

The court "may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff." A prevailing defendant may recover fees only if "an objectively reasonable basis for bringing the action or asserting the ground for appeal did not exist" (ORS 646.638(3)). Class actions are permitted, but classwide statutory damages require proof that members "have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment" of the unlawful practice (ORS 646.638(8)(a)). Actions "must be commenced within one year after the discovery of the unlawful method, act or practice" (ORS 646.638(6)).

Attorney General. The Attorney General and district attorneys may seek injunctions and, for willful violations of ORS 646.607 or 646.608, civil penalties "not exceeding $25,000 per violation" (ORS 646.642(3)). Robocall violations are subject to the $5,000 cap in ORS 646A.376.

How Oregon differs from federal law

Oregon is stricter than federal law in its earlier 8 p.m. cutoff, its three-per-day frequency cap, its requirement that robocalls offer an opt-out within 10 seconds, its express coverage of texts, and its substantial-assistance liability for platforms and non-carrier providers. It is more permissive in its open-ended prior-purchaser exemption and in the absence of a consent requirement for robocalls. Its private remedy is narrower than the TCPA's: plaintiffs must show willfulness and an ascertainable loss, and must sue within one year.

Notable case law

Madsen v. Harris, No. 1:16-cv-02170-AA (D. Or. Mar. 4, 2022) Madsen v. Harris (D. Or. 2022) opinion. A consumer whose cell phone number had been on the national registry since 2010 sued over 18 autodialed and prerecorded solicitation calls, asserting claims under the TCPA and Oregon's telephone solicitation statutes. After the court imposed terminating sanctions because the defendant "has refused to engage with litigation," it entered default judgment. It explained that "ORS 646.569 prohibits telephone solicitation of a party whose number is listed on either the Oregon state or federal registry of persons who do not wish to receive telephone solicitation." It noted that a plaintiff may recover "actual damages or statutory damages of $200, whichever is greater," for a willful violation under ORS 646.638(1).

The court concluded that the plaintiff "has adequately demonstrated that Defendant violated both the TCPA and the Oregon consumer protection statutes on eighteen separate occasions." It awarded treble TCPA damages of $27,000 plus "statutory damages of $200 for each of Defendant's eighteen violations of Oregon's consumer protection statutes, totaling $3,600," along with $110 in costs. As a default judgment, the decision did not test contested defenses such as the ascertainable-loss requirement. It does show that federal courts will award UTPA statutory damages alongside TCPA damages for do-not-call violations.

Recent amendments

• Oregon Laws 2025, chapter 580 (House Bill 3865), approved July 24, 2025 and effective January 1, 2026, made five changes:
• extended ORS 646.561 and 646.563 to text messages;
• added the 8 a.m. to 8 p.m. window and the three-solicitations-per-24-hours limit for all telephone solicitations;
• added the identity and purpose misrepresentation prohibition to ORS 646.563;
• extended the robocall provisions in ORS 646A.370 to 646A.374 to text messages; and
• changed the robocall calling window from 9 a.m.-9 p.m. to 8 a.m.-8 p.m.
• Oregon Laws 2023, chapter 322 (House Bill 2759), approved July 18, 2023 and effective September 24, 2023, added the "substantial assistance or support" liability provisions to ORS 646.569 and 646A.374, with exclusions for common carriers and terminating networks.
• The 2026 table of amended and repealed sections shows ORS 646.608 amended by Oregon Laws 2026, chapter 101 (House Bill 4007). It shows no amendment to ORS 646.551 to 646.578 or 646A.370 to 646A.376. Chapter 101 is a transportation bill, and its text of ORS 646.608 keeps the telemarketing paragraphs at (ff), (ii) and (jj) without change.

Practical compliance checklist

• Scrub all Oregon calls and marketing texts against the National Do Not Call Registry. Rely on the prior-purchaser or request exceptions only with documentation, and remember that inquiries alone do not qualify under ORS 646.569(2)(f).
• Limit telephone solicitations and robocalls to Oregon numbers to 8 a.m. through 8 p.m., and to no more than three per person in any 24 hours, unless you have a transaction-based relationship within the past 18 months. Use area codes to identify Oregon mobile numbers.
• Honor any request, made by voice or by reply text, not to be called or texted again at that number.
• Build every prerecorded, synthesized-voice or automated campaign with an opt-out that is announced and usable within the first 10 seconds, and a disconnect within 10 seconds of hang-up. Suppress opted-out numbers from future dialing.
• Never spoof caller ID or misstate the caller's identity, number, location or purpose in a live call, recorded message or text.
• Vet vendors, lead sources and dialing or messaging platforms. Knowingly or deliberately overlooking a partner's violations exposes non-carrier participants to equal liability under ORS 646.569(1)(b) and 646A.374(5).
• If you make business-opportunity, prize, precious-metals, mineral-interest or similar solicitations, register with the Oregon Department of Justice at least 10 days before calling, renew annually, and give the ORS 646.557 disclosures.
• Comply with the TCPA's consent rules even though Oregon's robocall statute does not itself require consent. Federal prior express written consent is still required for telemarketing robocalls and robotexts.

References

• ORS Chapter 646 (Trade Practices and Antitrust Regulation), Oregon State Legislature: https://www.oregonlegislature.gov/bills_laws/ors/ors646.html
• ORS Chapter 646A (Trade Regulation): https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html
• Oregon Laws 2025, chapter 580 (House Bill 3865): https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2025orLaw0580.pdf
• Oregon Laws 2023, chapter 322 (House Bill 2759): https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2023orLaw0322.pdf
• Oregon Laws 2026, table of sections amended or repealed: https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2026OrLawAR.pdf
• Madsen v. Harris, No. 1:16-cv-02170-AA (D. Or. Mar. 4, 2022), govinfo: https://www.govinfo.gov/content/pkg/USCOURTS-ord-1_16-cv-02170/pdf/USCOURTS-ord-1_16-cv-02170-4.pdf
• Oregon Department of Justice, Consumer Protection: https://www.doj.state.or.us/consumer-protection/
• Oregon Department of Justice, Telemarketing: https://www.doj.state.or.us/consumer-protection/sales-scams-fraud/telemarketing/
• Oregon Laws 2026, chapter 101 (House Bill 4007): https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2026orLaw0101.pdf
• 47 C.F.R. § 64.1200, eCFR: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310 (Telemarketing Sales Rule), eCFR: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310
• 47 C.F.R. § 68.318, eCFR: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-68/subpart-D/section-68.318
• 47 U.S.C. § 227, govinfo: https://www.govinfo.gov/app/details/USCODE-2023-title47/USCODE-2023-title47-chap5-subchapII-partI-sec227

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.