Oregon House passes bill to bolster home solicitation protections

SALEM, Ore. (KATU) — In a move to enhance consumer protections, the Oregon House has passed HB 3605, a bill that empowers individuals to take legal action against sellers who violate home solicitation sales laws.

The legislation also grants the Attorney General authority to act against those breaching these regulations.

"If someone comes to your home – the place where you deserve to feel most safe – you shouldn’t have to endure being tricked or deceived by a bad actor," said Representative Willy Chotzen, a Democrat from Southeast Portland and the bill's chief sponsor.

"This bill is a simple fix to make sure that our laws reflect that expectation."

The bill aims to amend Oregon law by recognizing violations of the state's Home Solicitation Sales Act (HSSA) as breaches of the Unlawful Trade Practices Act (UTPA).

The HSSA, a longstanding consumer protection law, allows customers to cancel a home solicitation sale within three business days and applies to transactions made outside the seller's business premises.

Representative Nathan Sosa, a Democrat from Greater Hillsboro and co-chief sponsor, emphasized the bill's focus on consumer empowerment. "This isn’t about making it more difficult to sell things door-to-door. It is about empowering consumers to stand up for themselves if they are subjected to unlawful sales tactics," he said.

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The bill seeks to affirm a 1979 Oregon Court of Appeals decision in Tri-West Const. v. Hernandez, which held that misleading consumers about their rights under the HSSA constitutes a violation of the UTPA.

Representative Farrah Chaichi, a Democrat representing Aloha and Beaverton, highlighted the bill's importance for vulnerable populations. "Our most vulnerable consumers, especially older adults, who are more often home during the day, and non-English speakers, are most likely to fall victim to high pressure and deceptive sales tactics. We must do better for them," she said.

The National Institute of Health has identified financial exploitation among older adults as a significant concern, with the FBI reporting 92,371 older victims of fraud in 2021, resulting in $1.7 billion in losses—a 74% increase from 2020.

"Oregonians shouldn’t be subject to any unnecessary and stressful encounters if they buy something from their own front doorstep," said Representative David Gomberg, a Democrat from Lincoln County.

The bill now advances to the Senate for further consideration.