Effective January 1, 2018, Oregon will join Pennsylvania and Nebraska in expanding its definition of deceptive trade practices to explicitly include a material misstatement regarding the use of personal information. House Bill 2090 applies to statements "publishe[d] on a website ... or in a consumer agreement related to a consumer transaction." Like the other states' laws, Oregon's law does not include a private right of action. However, the Oregon law is significantly broader than Pennsylvania's and Nebraska's laws in the following respects:
- Oregon's law does not include a mental state requirement. Both Pennsylvania's and Nebraska's laws require that the misrepresentation be made "knowingly."
- Oregon's law applies to any "information that the person requests, requires or receives from a consumer" as opposed to limiting coverage to "personal information."
- Oregon's law applies to representations regarding how a person will "use, disclose, collect, maintain, delete or dispose of information," whereas the Pennsylvania and Nebraska laws apply only to "use."
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