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.”

The following chart provides additional details regarding the similarities and differences between the three laws: