On July 24, Oregon Governor Tina Kotek signed House Bill 3865 (HB 3865) into law, introducing significant changes to the regulation of telephone solicitations within the state. This new legislation narrows the permissible calling hours, reducing communications during late evening hours by prohibiting calls after 8 p.m., down from the previous 9 p.m. Additionally, the bill expands the definition of telephone solicitations to include text messages.
Key Provisions of HB 3865
- Expansion of Definition: HB 3865 expands the definition of telephone solicitations to include text messages, alongside traditional phone calls. This change reflects the evolving nature of communication and aims to encompass modern methods of reaching consumers.
- Unlawful Conditions: The bill outlines specific conditions under which telephone solicitations are deemed unlawful, such as contacting consumers outside the hours of 8 a.m. to 8 p.m. (previously 9 p.m.) or exceeding three solicitations within a 24-hour period, unless an established business relationship exists. “Established business relationship” is defined as a previous transaction or series of transactions between a caller and a party that occurred within the 18 months preceding a call.
- Regulation of Automatic Dialing Devices: The bill also regulates the use of automatic dialing and announcing devices (ADADs), requiring them to disconnect promptly after a call is terminated and to provide consumers with an opt-out mechanism. Callers must respect a party’s request to not be called or texted again.
Carve-Out for Debt Collectors
HB 3865 includes specific exemptions for debt collectors, debt buyers, and collection agencies. These entities are not subject to certain restrictions, such as the requirement to provide an opt-out mechanism when using automatic dialing devices. This carve-out acknowledges the unique nature of debt collection activities, which often require repeated contact with consumers to resolve outstanding debts.
Our Take
The narrowing of the permissible calling hours from 9 p.m. to 8 p.m. coupled with the limitation on the number of calls within a 24-hour period, underscores Oregon’s focus on safeguarding consumer privacy and reducing unwanted solicitations. Businesses must adapt to these new constraints, ensuring their practices are compliant.
