(1) Notwithstanding the notice requirements established under ORS 98.352 (5), the holder of a digital asset presumed abandoned under ORS 98.324, before filing the report under ORS 98.352 with respect to a digital asset, shall provide notice to the owner as follows: (a) The holder shall send an initial notice by any electronic messaging method the holder has previously used to communicate with the owner. (b) If the holder does not receive a receipt confirmation or other indication that the owner has received the notice under paragraph (a) of this subsection, and the holder has a mailing address for the owner on record that is believed to be valid, the holder shall send a second notice to the owner by first class mail. (2) The holder of a digital asset presumed abandoned under ORS 98.324 shall complete the notification requirements described in subsection (1) of this section at least 90 days before reporting the digital asset under ORS 98.352. (3) After initial notice is provided under subsection (1) of this section, a digital asset is no longer presumed abandoned if and only if an owner initiates owner contact with respect to the digital asset before the submission of the report under ORS 98.352. (4) As used in this section, notice means communication sent directly to an owner informing the owner of the existence of a digital asset and seeking to confirm the owners interest in the digital asset. Note: See note under 98.324.
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