Or. Admin. Code § 137-020-0460 - Requests for Removal from Sweepstakes Promotion Mailing List; Additions to List of Persons to Whom Sweepstakes Promotions May Not Be Mailed
(1) Definitions.
For purposes of this rule:
(a) "Department"
means the Oregon Department of Justice.
(b) "Removal request" means a written request
to be removed from a sweepstakes promotion mailing list or to be placed on a
list of persons to whom sweepstakes promotions may not be mailed.
(c) "Person" means an individual,
corporation, trust, partnership, or incorporated or unincorporated
association.
(d) "Sweepstakes" has
the meaning given in OAR 137-020-0410(j).
(e) "Sweepstakes promotion" means an offer to
participate in a sweepstakes.
(2) Any person who receives a sweepstakes
promotion in the United States mail may send a written removal request to the
originator of the sweepstakes promotion.
(3) Removal requests shall be submitted on a
"Sweepstakes Removal Request" form provided by the Department.
(4) Removal requests may be mailed to:
(a) The Department, at the address indicated
on the "Sweepstakes Removal Request" form; or
(b) The originator of the sweepstakes
promotion, at the address to which the recipient of the sweepstakes promotion
would have sent a payment for any goods or services promoted in the sweepstakes
promotion had the recipient ordered the goods or services instead of mailing a
removal request.
(5)
Within 15 business days of the receipt of a removal request, the Department
shall forward the removal request to the originator of the sweepstakes
promotion by certified mail.
(6)
Within 60 calendar days of the date of receipt of a removal request by a person
or the Department, the originator of the sweepstakes promotion shall remove the
requestor's name from the originator's sweepstakes promotion mailing list or
place the requestor's name on a list of persons to whom sweepstakes promotions
may not be mailed.
(7) Failure by
the originator of a sweepstakes promotion to comply with section (6) of this
rule constitutes an unlawful trade practice under ORS 646.608.
Notes
Stat. Auth.: ORS 646.879
Stats. Implemented: ORS 646.879
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