Chapter 646A

      646A.154

(formerly 646.267)

NOTES OF DECISIONS

      “Authorized insurer” has same meaning as under ORS 731.066. National Warranty Insurance Co. v. Greenfield, 24 F. Supp. 2d 1096 (D. Or. 1998)

      Federal law preempts financial stability proof requirement that does not recognize reimbursement insurance policy issued by risk retention group. National Warranty Insurance Co. v. Greenfield, 24 F. Supp. 2d 1096 (D. Or. 1998)

      Financial stability requirement that reimbursement insurance be issued by “authorized insurer” violates federal law by discriminating against risk retention groups. National Warranty Insurance Company RRG v. Greenfield, 214 F3d 1073 (9th Cir. 2000)

      646A.360

(formerly 646.872)

LAW REVIEW CITATIONS: 71 OLR 457 (1992)

      646A.400 to 646A.418

(formerly 646.315 to 646.375)

NOTES OF DECISIONS

      Where purchaser fails to provide notice of condition requiring repair, presumption does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

      Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

LAW REVIEW CITATIONS: 19 WLR 329 (1983)

      646A.400

(formerly 646.315)

NOTES OF DECISIONS

      “Passenger motor vehicle” refers to any motor vehicle designed for and capable of carrying persons other than driver. Sweeney v. SMC Corporation, 178 Or App 576, 37 P3d 244 (2002)

      646A.402

(formerly 646.325)

NOTES OF DECISIONS

      Written notification to manufacturer must precede court determination that remedy is availability, but need not precede filing of action. Liles v. Damon Corp., 345 Or 420, 198 P3d 926 (2008)

      646A.404

(formerly 646.335)

LAW REVIEW CITATIONS: 50 WLR 195 (2014)

      646A.406

NOTES OF DECISIONS

      For purposes of applying statutory presumption, written notice by consumer must precede manufacturer opportunity to cure defect. Liles v. Damon Corp., 345 Or 420, 198 P3d 926 (2008)

      646A.412

(formerly 646.359)

NOTES OF DECISIONS

      “Damages” for purposes of awarding triple damages includes refunded purchase price of vehicle. Sweeney v. SMC Corporation, 178 Or App 576, 37 P3d 244 (2002)

      646A.418

(formerly 646.375)

NOTES OF DECISIONS

      “Remedy available under [former] ORS 646.315 to 646.375” refers only to remedy under [former] ORS 646.335 for failure to conform motor vehicle to express warranty, not to triple damages under [former] ORS 646.359 for manufacturer’s failure to establish informal dispute settlement procedure. Sweeney v. SMC Corporation, 178 Or App 576, 37 P3d 244 (2002)

      646A.600 to 646A.628

LAW REVIEW CITATIONS: 52 WLR 451 (2016); 23 LCLR 1221 (2020)

      646A.620

NOTES OF DECISIONS

      Where tenant mortgage company was evicted and commercial landlord disposed of tenant records that included clients’ Social Security numbers in landlord’s dumpster, landlord did not violate this section because “otherwise make available” requires availability to public at large, not just dumpster divers and persons in trash disposal business. 122nd Group, LLC v. DCBS, 280 Or App 209, 380 P3d 1110 (2016), Sup Ct review denied