(1) No person shall make any false or misleading representations in the course of any solicitation of contributions.
(2) A representation may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact.
(3) No person shall have a cause of action under ORS 646.638 for an alleged violation of any provision of this section if the alleged false or misleading representation is made by a volunteer of an organization which is exempt from federal taxation under section 501(c) of the Internal Revenue Code of 1954, as amended, and the alleged false or misleading representation is not made at the direction of paid personnel.