ORS 646.140
Enjoining violations

  • treble damages
  • attorney fees
  • limitation on commencement of actions

(1)

Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) may maintain an action in any court of general equitable jurisdiction of this state, to prevent, restrain or enjoin the violation or threatened violation. If in such action, a violation or threatened violation of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) is established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in the action is entitled to recover three-fold the damages sustained by the plaintiff. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(2)

The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

(3)

Actions brought under this section shall be commenced within four years from the date of the injury. [Amended by 1981 c.897 §75; 1983 c.467 §2; 1995 c.696 §33]

Source: Section 646.140 — Enjoining violations; treble damages; attorney fees; limitation on commencement of actions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html.

646.010
Designation and scope of ORS 646.010 to 646.180 646.020
Definitions and explanations 646.030
Application to cooperative associations 646.040
Price discrimination prohibited 646.050
Establishing prima facie case of discrimination 646.060
Commissions and allowances 646.070
Special payments to customers 646.080
Special services to customers 646.090
Inducing or receiving price discrimination prohibited 646.130
Cost surveys as evidence 646.140
Enjoining violations 646.150
Action for damages 646.160
Presumption of damages 646.170
Requiring defendant to testify 646.180
Illegal contracts 646.461
Definitions for ORS 646.461 to 646.475 646.463
Enjoining misappropriation 646.465
Damages for misappropriation 646.467
Attorney fees 646.469
Preservation of trade secret by court 646.471
Limitation on commencement of action 646.473
Conflicting tort, restitution or other law providing civil remedies 646.475
Application and construction of ORS 646.461 to 646.475 646.515
Definitions for ORS 646.515 to 646.545 646.525
Cooperative bargaining associations authorized 646.535
Unfair trade practices prohibited 646.545
Remedy for unfair trade practices 646.551
Definitions for ORS 646.551 to 646.557 646.553
Registration of telephonic sellers 646.555
Burden of proof for person claiming exemption 646.557
Required disclosures by telephonic seller 646.559
Rules 646.561
Definitions for ORS 646.561 to 646.565 646.563
Telephone solicitation of party who states desire not to be called 646.565
Notice of provisions of ORS 646.561 and 646.563 646.567
Definitions for ORS 646.567 to 646.578 646.568
Findings and purpose 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 646.572 646.572
Administration of telephone solicitation program through contract or by designation of federal registry 646.574
List of persons who do not wish to receive telephone solicitations 646.576
Rules 646.578
Notice of provisions of ORS 646.567 to 646.578 646.605
Definitions for ORS 336.184 and 646.605 to 646.652 646.607
Unlawful business, trade practices 646.608
Additional unlawful business, trade practices 646.609
“Pyramid club” and “investment” defined 646.611
Information required to be given by telephone or door to door seller to potential customer 646.612
Application of ORS 646.607 and 646.608 646.618
Investigative demand 646.622
Method of serving investigative demand 646.626
Effect of failure to obey investigative demand 646.632
Enjoining unlawful trade practices 646.633
Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services 646.636
Remedial power of court 646.638
Civil action by private party 646.639
Unlawful collection practices 646.641
Civil action for unlawful collection practice 646.642
Civil penalties 646.643
Applicability of ORS 646.639 646.644
Free offer 646.646
Loss of license or franchise by person violating injunction 646.647
Unlawful use of recording group name 646.648
Unlawful practice by manufactured dwelling dealer 646.652
District attorney’s reports to Attorney General 646.656
Remedies supplementary to existing statutory or common law remedies 646.705
Definitions for ORS 136.617 and 646.705 to 646.805 646.715
Declaration of purpose 646.725
Prohibited acts 646.730
Monopolies prohibited 646.735
Exemption for coordinated care organizations 646.736
Public policy 646.737
Exemption for negotiations governing sale price of Oregon blackberries 646.738
Exemption for negotiations governing price for sale of grass seed 646.739
Exemption for negotiations governing season starting price for sale of Oregon seafood 646.740
Permitted activities 646.745
Joint operation of Memorial Coliseum and Arena in Portland 646.750
Investigative demand by Attorney General 646.760
Civil penalties 646.770
Equitable remedies 646.775
Actions by Attorney General 646.780
Recovery of treble damages 646.790
Venue 646.800
Time of commencing action 646.805
Effect of prior final judgment or decree 646.815
Criminal prosecutions 646.821
Taking testimony for investigative demand 646.823
Attendance of Attorney General at grand jury proceedings 646.826
Counsel for persons testifying 646.831
Fees and mileage for persons testifying 646.836
Confidential status of investigative material 646.881
Definitions for ORS 646.881 to 646.885 646.883
Price comparison in advertisement prohibited 646.885
Use of terms in advertisement containing price comparison 646.905
Definitions for ORS 646.910 to 646.923 646.910
Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements 646.911
Sale of gasoline with oxygenate other than ethanol 646.913
Limitations on gasoline sales 646.915
Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines 646.920
Wholesale dealer 646.922
Limitations on sale of diesel fuel 646.923
Retention of certificate of analysis 646.925
Enforcement 646.930
Motor vehicle fuel prices 646.932
Requirement to post amount per gallon of gasoline that is federal, state and local tax 646.935
Diesel fuel sales 646.945
Definitions for ORS 646.947 to 646.963 646.947
Prohibited activities 646.949
Signs identifying octane rating 646.951
Testing of motor vehicle fuel 646.953
Orders of Director of Agriculture 646.955
Records required 646.957
Rules 646.959
Annual fee for metering instrument or device 646.961
Motor Vehicle Fuel Inspection Program Account 646.963
Civil penalties 646.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 646.140’s source at oregon​.gov