Oregon Telephone Solicitation (OR Rev Stat § 646.551 - § 646.611)

Oregon Telephone Solicitation

OR Rev Stat § 646.551 - § 646.611

Oregon Revised Statutes

Volume: 16 - Trade Practices, Labor and Employment

Title 50 Trade Regulations and Practices

Chapter 646 - Trade Practices and Antitrust Regulation

TELEPHONE SOLICITATION

Section 646.551 - Definitions for ORS 646.551 to 646.557.

Section 646.553 - Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules.

Section 646.555 - Burden of proof for person claiming exemption.

Section 646.557 - Required disclosures by telephonic seller.

Section 646.559 - Rules.

Section 646.560 [Repealed by 1953 c. 391 §2]

Section 646.561 - Definitions for ORS 646.561 to 646.565.

Section 646.563 - Telephone solicitation of party who states desire not to be called.

Section 646.565 - Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission.

Section 646.567 - Definitions for ORS 646.567 to 646.578.

Section 646.568 - Findings and purpose.

Section 646.569 - Prohibition on telephone solicitation of party whose name is included on list described in ORS 646.574 or on federal registry designated under ORS 646.572.

Section 646.570 [Repealed by 1953 c. 391 §2]

Section 646.571

Section 646.572 - Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General.

Section 646.574 - List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints.

Section 646.576 - Rules.

Section 646.578 - Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission.

Section 646.580 [Repealed by 1953 c.391 §2]

Section 646.590 [Repealed by 1953 c.391 §2]

Section 646.600 [Repealed by 1953 c.391 §2]

§ 646.551 - Definitions for ORS 646.551 to 646.557.

As used in ORS 646.551 to 646.557:

(1)(a) "Business opportunity" means a commercial arrangement in which:

(A) A seller solicits a prospective purchaser to enter into a new business or to buy ancillary services within 60 days after entering into a new business;

(B) The prospective purchaser makes a payment or agrees to be obligated to make a payment required for the business or services; and

(C) The seller, expressly or by implication, and orally or in writing, represents that the seller or a designated person will:

(i) Provide an outlet, account or customers, by means of the Internet or otherwise, for the purchaser’s goods or services; or

(ii) Buy back goods or services that the purchaser makes, produces, fabricates, grows, breeds, modifies or provides, including but not limited to paying for services such as stuffing envelopes at the purchaser’s residence.

(b) "Business opportunity" does not include:

(A) A sale of all or substantially all of the assets of an ongoing business if the owner of the business intends to sell and sells the assets as one opportunity;

(B) A sale of sales demonstration equipment, materials or samples for a total price of $500 or less and not for profit; or

(i) The total of the required payments the franchisee pays or commits to pay to a franchisor or an affiliate is less than $500 at any time before or within six months after the purchaser begins business as a franchisee; or

(ii) No written document exists that describes any material term or aspect of the franchise arrangement.

(2) "Telephone solicitation" means telephonic contact made under any of the following circumstances:

(a) A person has telephonic contact with a prospective purchaser and solicits the prospective purchaser to purchase a business opportunity;

(b) A person initiates telephonic contact with a prospective purchaser and represents or implies any of the following:

(A) That a prospective purchaser who buys a unit of a good or service will receive additional units, whether or not of the same type as the purchaser bought, without further cost. As used in this subparagraph, "further cost" does not include actual postage or common carrier delivery charges, if any.

(B) That a prospective purchaser will receive a prize or gift if the prospective purchaser does either of the following:

(i) Purchases or rents goods or services; or

(ii) Pays any money including, but not limited to, a delivery or handling charge.

(C) That a prospective purchaser who buys goods or services because of some unusual event or imminent price increase will be able to buy the goods or services at prices that are below the prices that usually are charged, or the prices that will be charged in the future, for the goods or services.

(D) That the seller is a person other than the actual seller.

(E) That goods or services are manufactured or supplied by a person other than the actual manufacturer or supplier.

(F) That the goods that the person is selling are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones or any interest in oil, gas or mineral fields, wells or exploration sites; or

(c) The person makes the telephonic contact in response to inquiries from prospective purchasers prompted by advertisements on behalf of the person, and the person conducts a solicitation as described in paragraph (b) of this subsection.

(3)(a) "Telephonic seller" means a person who, on the person’s own behalf, or on behalf of another person, causes or attempts a telephone solicitation.

(b) "Telephonic seller" does not include any of the following:

(A) A person that sells a security as defined in ORS 59.015, or securities that are exempt under ORS 59.025.

(B) A person that is licensed pursuant to ORS chapter 696 if the solicited transaction is governed under ORS chapter 696.

(D) A person that is licensed pursuant to ORS chapter 744 if the solicited transaction is governed under the Insurance Code.

(E) A person that solicits the sale of a franchise if the solicited transaction is governed under ORS 650.005 to 650.100.

(F) A person that primarily solicits a subscription to or advertising in a newspaper of general circulation.

(G) A person that primarily solicits a subscription to a magazine or periodical, or a sale of a contractual plan, including a book or record club:

(i) Under which the seller provides the means by which the consumer may instruct the seller not to ship the offered merchandise, and which is regulated by the Federal Trade Commission trade regulation concerning "Use of Negative Option Plans by Sellers in Commerce"; or

(ii) Using arrangements such as continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis.

(H) A person that solicits business from prospective purchasers who have previously purchased from the business enterprise for which the person is calling, unless the person solicits a business opportunity.

(I) A person that solicits without the intent to complete and who does not complete a sales presentation during the telephone solicitation and who only completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser, unless at the later meeting the solicitor collects or attempts to collect payment to deliver items purchased.

(J) Any supervised financial institution or parent, subsidiary, or affiliate of a supervised financial institution. As used in this subparagraph, "supervised financial institution" means any financial institution or trust company, as those terms are defined in ORS 706.008, or any personal property broker, consumer finance lender, commercial finance lender or insurer that is subject to regulation by an official or agency of this state or the United States.

(K) A person that solicits the sale of funeral or burial services regulated by ORS chapter 692.

(L) A person that solicits the sale of services that a cable television system provides under authority of a franchise or permit issued by a governmental agency of this state or a subdivision of a governmental agency of this state.

(M) A person or affiliate of a person whose business is regulated by the Public Utility Commission, or a telecommunications utility with access lines of 15,000 or less or a cooperative telephone association.

(N) A person that solicits the sale of a farm product, as defined in ORS 79.0102, if the solicitation does not result in a sale that costs the purchaser more than $100.

(O) An issuer or a subsidiary of an issuer that has a class of securities that is subject to section 12 of the Securities Exchange Act of 1934 and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) of subsection (g) of that section.

(P) A person that solicits exclusively the sale of telephone answering services that the person or the person’s employer provides.

(Q) A person registered under the Charitable Solicitations Act. [1989 c.622 §2; 1997 c.249 §196; 1997 c.631 §513; 1999 c.59 §188; 1999 c.402 §5; 2001 c.445 §177; 2007 c.661 §27; 2007 c.836 §47; 2015 c.199 §1]

§ 646.553 - Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules.

(1) A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to the conduct of such business. A telephonic seller is required to register in the name under which the telephonic seller conducts business. Individual employees of the telephonic seller are not required to register. A telephonic seller is conducting business in this state if telephone solicitations of prospective purchasers are made from locations in this state or solicitation is made of prospective purchasers located in this state.

(2) A registration shall be effective for one year from the date of filing with the Department of Justice. Each application for registration, or renewal thereof, shall be accompanied by a fee of $400.

(3) The Department of Justice shall send to each registrant a certificate or other appropriate document demonstrating registration compliance, which shall be posted at the telephonic seller’s principal business location.

(4) Each application for registration shall be in writing and shall contain such information regarding the conduct of the telephonic seller’s business and the personnel conducting the business and shall be submitted in such form and manner as the Department of Justice may prescribe.

(5) At the time of submission of a registration application, each telephonic seller shall file with the Attorney General an irrevocable consent appointing the Attorney General to act as the telephonic seller’s attorney to receive service of process in any action, suit or proceeding against the telephonic seller or the telephonic seller’s successor in interest which may arise under ORS 336.184 and 646.605 to 646.652.

(6) The Department of Justice may refuse to issue a registration to, and may suspend, revoke or refuse to renew the registration of, any person who:

(a) Has obtained or attempted to obtain a registration under ORS 646.551 to 646.557 by fraud or material misrepresentation;

(b) Has violated any provision of ORS 646.551 to 646.557;

(d) Has violated an assurance of voluntary compliance entered into under ORS 336.184 and 646.605 to 646.652;

(e) Is guilty of fraud or deceit, or of gross negligence, incompetency or misconduct in the person’s practice of business as a telephonic seller, creating a risk of financial or other injury to the public;

(f) Has been convicted of a felony under the laws of any state or of the United States. However, such conduct may be considered only to the extent permissible under the provisions of ORS 670.280;

(g) Has been convicted of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; or

(h) Has had the person’s authority to engage in business as a telephonic seller refused, canceled, revoked, suspended or not renewed in any state.

(7) When the Department of Justice proposes to refuse to issue or renew a registration or proposes to revoke or suspend a registration, opportunity for hearing shall be accorded as provided in ORS chapter 183. The Department of Justice shall adopt rules prescribing the conduct of the hearing, including but not limited to rules governing the admissibility of evidence.

(8) A person whose registration is revoked or not renewed pursuant to this section shall not be eligible to apply for a registration under ORS 646.551 to 646.557 until two years after the effective date of the revocation or nonrenewal.

(9) A telephonic seller whose registration is revoked, suspended or not renewed under this section shall not conduct business in this state. [1989 c.622 §3; 1999 c.368 §1]

§ 646.555 - Burden of proof for person claiming exemption.

In any proceeding to enforce the provisions of ORS 646.551 to 646.565 and 646.608, the burden of proving an exemption or exception is upon the person claiming it. [1989 c.622 §4]

§ 646.557 - Required disclosures by telephonic seller.

In addition to complying with the requirements of ORS 646.553, each telephonic seller, at the time the solicitation is made and prior to consummation of any sales transaction, shall provide all of the following information to each prospective purchaser:

(1) If the telephonic seller represents or implies that a prospective purchaser will receive, without charge therefor, certain specific items or one item from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes or otherwise, the seller shall provide the following:

(a) The information required to be filed by ORS 646.553.

(b) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location.

(c) The total number of individuals who have actually received from the telephonic seller, during the preceding 12 months or if the seller has not been in business that long, during the period the telephonic seller has been in business, the item having the greatest value and the item with the smallest odds of being received.

(2) If the telephonic seller is offering to sell any metal, stone or mineral, the seller shall provide the following information:

(a) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location.

(b) The information required to be filed by ORS 646.553.

(3) If the telephonic seller is offering to sell an interest in oil, gas or mineral fields, wells or exploration sites, the seller shall provide the following information:

(b) The information required to be filed by ORS 646.553.

(4) If the telephonic seller represents that office equipment or supplies being offered are offered at prices which are below those usually changed for these items, the seller shall provide the following information:

(b) The name of the manufacturer of each of the items the telephonic seller has represented for sale and in which the prospective purchaser expresses interest. [1989 c.622 §5]

§ 646.559 - Rules.

In accordance with any applicable provision of ORS chapter 183, the Attorney General may adopt rules to carry out the provisions of ORS 646.551 to 646.557. [1989 c.622 §6]

§ 646.560 [Repealed by 1953 c.391 §2]

§ 646.561 - Definitions for ORS 646.561 to 646.565.

As used in ORS 646.561 to 646.565, unless the context otherwise requires:

(1) "Charitable organization" means an organization organized for charitable purposes as defined in ORS 128.801.

(2) "Party" means a telephone customer of a telecommunications company.

(3) "Telephone solicitation" means the solicitation by telephone by any person of a party for the purpose of encouraging the party to purchase real estate, goods or services, or make a donation. "Telephone solicitation" does not include:

(a) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have made a donation or expressed an interest in making a donation to the organization or agency;

(b) Calls limited to polling or soliciting the expression of ideas, opinions or votes; or

§ 646.563 - Telephone solicitation of party who states desire not to be called.

A person engages in an unlawful practice if, during a telephone solicitation, the called party states a desire not to be called again and the person making the telephone solicitation makes a subsequent telephone solicitation of the called party at that number. [1989 c.622 §9; 2001 c.924 §15]

§ 646.565 - Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission.

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 and 646.563. Notification may be by:

(1) Annual inserts in the billing statements mailed to parties; or

(2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [1989 c.622 §10]

§ 646.567 - Definitions for ORS 646.567 to 646.578.

As used in ORS 646.567 to 646.578, unless the context otherwise requires:

(1) "Charitable organization" means an organization organized for charitable purposes as defined in ORS 128.801.

(2) "Information about a party" means information specific to a party, including but not limited to the name and address of the party and the method by which the party paid the fee required by ORS 646.574.

(3) "Party" means a telephone customer of a telecommunications company.

(4) "Qualified trade association" means an organization with at least the following characteristics:

(a) Written bylaws or governing documents including a code of conduct for its members; and

(b) Criteria and procedures for expelling or suspending members who violate the association’s bylaws or governing documents.

(5) "Telephone solicitation" means the solicitation by telephone by any person of a party for the purpose of encouraging the party to purchase real estate, goods or services, or make a donation. "Telephone solicitation" does not include:

(a) Calls made in response to a request or inquiry by the called party;

(b) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have donated or expressed an interest in donating real estate, goods or services to the organization or agency;

(d) Business to business contacts. [1989 c.451 §1; 1999 c.564 §6; 2001 c.170 §1; 2007 c.441 §4]

§ 646.568 - Findings and purpose.

(1) The Legislative Assembly finds that:

(a) Fraud committed by means of unwanted telephone solicitations causes economic harm to Oregonians and constitutes an invasion of privacy and a threat to the welfare of the people of this state.

(b) Unwanted telephone solicitations cause Oregonians harm because:

(A) Telephone solicitations have become a primary tool for the marketing of real estate, goods and services to parties. Telephone solicitors have engaged in the practice of cold calling, which is the initiation of calls to parties with whom the telephone solicitors have no prior business relationship, to market scams, fraudulent schemes and worthless goods and services to unsuspecting parties who often lose thousands of dollars as a result of the solicitations.

(B) Telephone solicitors often make calls based on lists targeting the elderly or other vulnerable populations who are unable to assess the risks associated with engaging in sales transactions over the telephone.

(C) Technologies designed to assist parties in avoiding unwanted telephone solicitations are not effective and place an additional financial burden on parties, effectively shifting the cost of unwanted telephone solicitations to parties. These technologies include:

(i) Caller identification systems, for which parties bear the cost of the caller identification service and any related hardware, and for which technology exists that allows telephone solicitors to block caller identification data;

(ii) Privacy manager services that, for a fee, intercept calls; and

(iii) Unlisted telephone numbers, for which parties pay an additional fee.

(D) Unwanted telephone solicitations tie up telephone lines and prevent legitimate telephone calls from being received or placed by parties. Predictive dialers utilized by telephone solicitors that automatically dial parties’ telephone numbers frequently result in abandoned telephone solicitations and silence when the party answers the phone. These solicitations constitute an intrusion on the property of parties and an invasion of privacy.

(E) The growing practice of preacquired account telephone solicitation, in which a telephone solicitor acquires the party’s billing information prior to initiating a telephone solicitation, has increasingly resulted in unauthorized charges to parties’ financial accounts.

(c) Existing state and federal laws are inadequate to prevent the harm to the public welfare that results from telephone solicitations.

(d) Allowing parties to choose not to receive unwanted telephone solicitations by placing their telephone numbers on a "do not call" list provides a means by which parties can protect themselves from fraud related to telephone solicitations and from the resulting economic harm and invasion of privacy.

(2) The purpose of ORS 646.567 to 646.578 is to prevent the harmful effects set forth in subsection (1)(b) of this section that result from telephone solicitations without inhibiting legitimate telephone solicitations to parties who choose to receive them. Prohibiting telephone solicitations to those Oregonians whose telephone numbers appear on the list described in ORS 646.574 enables Oregonians to choose whether to receive telephone solicitations. [2007 c.441 §2]

§ 646.569 - Prohibition on telephone solicitation of party whose name is included on list described in ORS 646.574 or on federal registry designated under ORS 646.572.

(1) A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list:

(a) Published by the administrator of the telephone solicitation program established under ORS 646.572 and 646.574; or

(b) Maintained as part of the federal registry designated under ORS 646.572.

(2) For purposes of this section:

(a) "Predecessor of the business enterprise" means a financial institution as defined in 15 U.S.C. 6827 that has:

(A) Merged with or been acquired by the business enterprise for which the person is calling; or

(B) Sold or assigned an account of a party who has previously purchased from the business enterprise, to the business enterprise for which the person is calling.

(b) "Telephone solicitation" does not include a person soliciting business from prospective purchasers who have previously purchased from:

(A) The person making the solicitation;

(B) The business enterprise for which the person is calling; or

(C) A predecessor of the business enterprise for which the person is calling. [1989 c.451 §2; 1999 c.564 §1; 2001 c.503 §1; 2007 c.441 §5]

§ 646.570 [Repealed by 1953 c.391 §2]

§ 646.571

[1989 c.451 §3; 1999 c.564 §7; renumbered 646.578 in 1999]

§ 646.572 - Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General.

(1) The Attorney General shall either:

(a) Advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in ORS 646.574; or

(b) Designate a federal "do not call" registry, including but not limited to the registry maintained by the Federal Trade Commission under 16 C.F.R. 310, in lieu of an Oregon do not call registry.

(2) The Attorney General may include in a contract with the administrator any provision that the Attorney General determines is in the public interest.

(3) If a party requests, the Attorney General shall instruct the party on how to register the party’s telephone number on the federal "do not call" registry designated under subsection (1)(b) of this section. [1999 c.564 §3; 2007 c.441 §6]

§ 646.574 - List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints.

(1) If the Attorney General enters into a contract pursuant to ORS 646.572 (1)(a), the administrator of the telephone solicitation program shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in the contract between the administrator and the Attorney General and at least once each quarter thereafter, the administrator shall update the list by:

(a) Adding the numbers of parties who have filed notice and paid the fee as required in this section; and

(b) Removing the numbers of those parties who have requested that their numbers be removed or whose listing has expired without renewal.

(2) A party may file notice together with a fee of $10 per listed number, or such lesser amount as may be specified in the contract, with the administrator indicating the party’s desire to place telephone numbers on the list described in subsection (1) of this section. The notice shall be filed in the form and manner specified in the contract between the administrator and the Attorney General. The notice is effective for one year from the date the party files the notice. The party may renew the notice for additional periods of one year by filing an additional notice and paying an additional fee by the anniversary of the original filing date of the notice.

(3) Information about a party is confidential. The Attorney General may not disclose information about a party.

(4) The administrator may not furnish the list or disclose any information about a party to any person, except as follows:

(a) Upon request of a person engaging or intending to engage in telephone solicitations and after payment of the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish to the person:

(A) The most recent copy of the list described in subsection (1) of this section.

(B) The names of the parties whose telephone numbers are on the list.

(b) Upon request of a qualified trade association and after payment of the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish to the qualified trade association:

(A) The most recent copy of the list described in subsection (1) of this section.

(B) The names of the parties whose telephone numbers are on the list.

(c) A qualified trade association that receives a list or the names of the parties whose telephone numbers are on the list under this subsection may make the list or the names available to its members on any terms the association and its members may impose.

(d) Upon request of the Attorney General for the purpose of enforcing ORS 646.569, the administrator shall furnish the Attorney General with all requested information about a party or any person who the Attorney General believes has engaged in a solicitation prohibited by ORS 646.569. The administrator may not charge a fee for furnishing the information to the Attorney General.

(e) Upon request of any party who has filed a notice and paid the fee as provided in subsection (2) of this section, the administrator shall furnish the party with all requested information about the party or any person who the party believes has engaged in a solicitation prohibited by ORS 646.569. The administrator may not charge a fee for furnishing the information to the party.

(f) The administrator shall comply with any lawful subpoena or court order directing disclosure of the list and of any other information.

(g) The administrator shall provide all information that may be requested by any successor administrator who may be selected by the Attorney General. The administrator may not charge a fee for furnishing the information to the successor administrator.

(5) The administrator shall promptly forward any complaints concerning alleged violations of ORS 646.569 to the Attorney General.

(6) Fees paid to the administrator under this section shall be considered income to the administrator in the manner specified in the contract between the administrator and the Attorney General.

(7) When furnishing the list or names under subsection (4) of this section, the administrator shall make the information available in printed and electronic form. [1999 c.564 §4; 2001 c.170 §2; 2007 c.441 §7]

§ 646.576 - Rules.

In the manner provided by ORS chapter 183, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under ORS 646.572 and 646.574. [1999 c.564 §5]

§ 646.578 - Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission.

The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.578 and 646.608. Notification may be by:

(1) Annual inserts in the billing statements mailed to parties; or

(2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. [Formerly 646.571]

§ 646.580 [Repealed by 1953 c.391 §2]

§ 646.590 [Repealed by 1953 c.391 §2]

§ 646.600 [Repealed by 1953 c.391 §2]

§ 646.611 - Information required to be given by telephone or door to door seller to potential customer.

A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (1)(n) unless the person:

(1) Within 30 seconds after beginning the conversation:

(a) Provides identification of both the person and whom the person represents;

(b) Explains the purpose of the person’s call;

(d) Inquires whether the person being solicited is interested in listening to a sales presentation and immediately discontinues the solicitation if the person being solicited gives a negative response; and

(2) During the course of the solicitation, states the total cost of the goods or services offered for sale and the number, timing and amount of installment payments if payment on an installment basis is available to the person being solicited. [1979 c.503 §6]

For more information, see here: https://oregon.public.law/statutes/ors_chapter_646

These materials were obtained directly from the State Legislative websites and are posted here for your review and reference only. No Claim to Original State Government Works. This may not be the most recent version. The State may have more current information. We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to. Please check the linked sources directly.

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Oregon Telephone Solicitation (OR Rev Stat § 646.551 - § 646.611)

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