The governor of Oregon has signed a bill into law that aims to limit solicitation calls and text communications made to consumers, with an explicit carve-out for calls made by collectors and debt buyers.
Gov. Tina Kotek signed HB-3865 into law last week. Among its provisions are:
- The definition of “telephone solicitation” has been expanded to now includes text messages, not just voice calls.
- Solicitations can only occur between 8 a.m. and 8 p.m. (previously 9 p.m.).
- No more than three contacts in a 24-hour period, unless an established business relationship exists.
- Callers must respect opt-out requests and not contact again if a consumer says “do not call or text.”
- Misrepresenting caller identity, number, or purpose is an unlawful practice.
The law does say that its provisions do not apply to debt buyers or companies that are subject to regulation under the Fair Debt Collection Practices Act. The law defines a debt buyer as “a person that engages in the business of purchasing delinquent or charged-off debt for the purpose of collecting the debt.”
The definition of “established business relationship” now includes any transaction within the previous 18 months, which is a broader window that will likely benefit debt collectors and creditors when defending outreach efforts.
The main objective of the law was to add text messaging to the definition of a telephone solicitation, expand the number of quiet hours under which consumers would not be allowed to receive solicitations, and limit the contact frequency.
“HB 3865 is a commonsense update to protect consumers from excessive and intrusive calls and texts,” said Rep. Nathan Sosa, the bill’s sponsor, in a press release. “Oregonians have the right to privacy and peace—especially outside of working hours. This bill is a crucial step toward reducing unwanted, deceptive, and potentially fraudulent communications.”
