Trade Regulation

ORS 646A.418
Remedies supplementary to existing statutory or common law remedies

  • election of remedies

Nothing in ORS 646A.400 (Definitions for ORS 646A) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400 (Definitions for ORS 646A) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) shall not be available insofar as it would result in recovery in excess of the recovery authorized by ORS 646A.404 (Consumer’s remedies) without proof of fault resulting in damages in excess of such recovery. [Formerly 646.375]
(Vehicle Protection Product Warranties)

Notes of Decisions

“Remedy available under [former] ORS 646.315 to 646.375” refers only to remedy under [former] ORS 646.335 for failure to conform motor vehicle to express warranty, not to triple damages under [former] ORS 646.359 for manufacturer’s failure to establish informal dispute settlement procedure. Sweeney v. SMC Corporation, 178 Or App 576, 37 P3d 244 (2002)

Source

Last accessed
May 26, 2023

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