Oregon restricts sales of child vehicle safety systems that fail standards

Retailers may not knowingly sell child vehicle safety systems that fail required safety standards. The rule covers systems that restrain, seat, or position a child in a motor vehicle, including portable or detachable systems and systems used to replace one built into the vehicle. Buyers must be Oregon residents. The system must be intended for use in a motor vehicle and fail the federal standard or standards adopted by the Oregon Department of Transportation. The law takes effect January 1, 2027.

Certain online marketplace operators may not knowingly allow covered sales and must obtain a written compliance statement for covered listings. The duties cover marketplace operators that let Oregon residents select, pay for, and receive a child safety system, when the operator sells it or fulfills orders through a network or inventory it controls. For a covered listing available for purchase and delivery to a buyer, the retailer must tell the marketplace operator in writing whether the system meets the required standards. The definition excludes payment processors and people who facilitate sales for a retailer that is the seller and fulfills orders from its physical store. The law takes effect January 1, 2027.

A buyer may demand a fix for a covered violation and may sue if it is not fixed in time. The remedy applies to buyers and people who violate the retailer sale or marketplace disclosure rules. The buyer must send a written demand. The person has 30 days after receiving it to fix the violation. If the person does not fix it, the buyer may sue within 30 days after the date of the demand. A court may award the greater of actual damages or $500, other court-ordered relief, and attorney fees and costs to a winning buyer. The person has 30 days after receiving the demand to fix the violation. The buyer must sue within 30 days after the date of the demand.