Trade Regulation

ORS 646A.230
Action by Attorney General or district attorney

  • civil and criminal penalties

(1)

(a)

The Attorney General or a district attorney may bring an action in the name of the state against a person to restrain and prevent a violation of ORS 646A.202 (Payment processing systems), 646A.204 (Customer information), 646A.220 (Credit card solicitation) or 646A.222 (Charge card solicitation).

(b)

The Attorney General or a district attorney may in the name of the state seek and obtain a civil penalty from a person that violates an order or injunction issued pursuant to this subsection.

(2)

(a)

A person that violates an order or injunction issued pursuant to subsection (1) of this section shall forfeit and pay a civil penalty of not more than $1,000 per violation. The circuit court issuing the order or injunction retains jurisdiction of the action to consider a request for a civil penalty.

(b)

In an action that a prosecuting attorney brings under this section, the court may award the prevailing party, in addition to any other relief provided by law, reasonable attorney fees at trial and on appeal.

(3)

A person that willfully and intentionally violates a provision of ORS 646A.220 (Credit card solicitation) to 646A.230 (Action by Attorney General or district attorney) commits a Class B misdemeanor. Violation of an order or injunction issued under subsection (1) of this section constitutes prima facie proof of a violation of a provision of ORS 646A.220 (Credit card solicitation) to 646A.230 (Action by Attorney General or district attorney). [Formerly 646.899; 2017 c.141 §5]
Source

Last accessed
May 26, 2023

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