Oregon’s New Bill Empowers Elderly and Non-English Speakers by Cracking Down on Deceptive Home Sales Tactics

Oregon lawmakers have passed a bill – to empower individuals and to protect elderly residents – to institute legal action against sellers violating that state’s Home Solicitation Sales Act (HSSA).

The HSSA applies to sales, rentals, or leases of goods or services worth a minimum of $25,000 purchased primarily for household, personal, or family purposes.

The Bill Protects the Elderly and Non-English Speakers

Proponents of the bill say the proposed changes to the HSSA will protect vulnerable consumers, especially older people who are often at home during the day. It will also shield non-English speakers, who are most vulnerable to salespeople using deceptive tactics.

The National Institute of Health has identified financial exploitation among older adults as a cause for concern.

Meanwhile, the FBI has reported 92,371 cases in which older people fell victim to acts of fraud in 2021, resulting in losses amounting to $1.7 billion, representing an increase of 74% compared to 2020.

HB 3605 gives the Attorney General the authority to take action against individuals breaching the regulations set by the HSSA and amends existing laws by recognizing that violations of the HSSA are breaches of the Unlawful Trade Practices Act (UTPA).

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

Takeaway

HB 3605 supports a 1979 Oregon Court of Appeals ruling that misleading consumers about their rights under the HSSA violates the UTPA.