Trade Regulation

ORS 646A.760
Civil action for damages

  • attorney fees and costs
  • limitation on commencement of action

(1)

As used in this section, “equity seller” has the meaning given that term in ORS 646A.725 (Definitions for ORS 646A).

(2)

In addition to any action by the Attorney General under ORS 646.607 (Unlawful business, trade practices) or any other cause of action, an equity seller may bring an action for damages incurred by the equity seller resulting from a violation of ORS 646A.725 (Definitions for ORS 646A) to 646A.750 (Rebuttable presumptions).

(3)

If a court finds that a defendant in an action under this section committed a violation of ORS 646A.725 (Definitions for ORS 646A) to 646A.750 (Rebuttable presumptions) knowingly, in addition to any award of damages for other violations of ORS 646A.725 (Definitions for ORS 646A) to 646A.750 (Rebuttable presumptions), the court shall award the equity seller three times the amount of the actual damages sustained by the equity seller as a result of the knowing violation.

(4)

The court may award an equity seller prevailing in an action under this section reasonable attorney fees, costs and expenses. If a court finds that an equity seller brought an action under this section in bad faith or solely for purposes of harassment, the court may award a prevailing defendant reasonable attorney fees.

(5)

An action under this section must be commenced within six years. [2008 c.19 §17]
(Penalties)
Source

Last accessed
May 26, 2023

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