ORS 746.680
Remedies
(1)
A person whose rights granted under ORS 746.607 (Use and disclosure of personal information) (7), 746.640 (Access to recorded personal information), 746.645 (Correction, amendment or deletion of recorded personal information) or 746.650 (Reasons for adverse underwriting decisions) are violated may apply to the circuit court for the county in which the person resides, or any other court of competent jurisdiction, for appropriate equitable relief if an insurer, insurance producer or insurance-support organization fails to comply with ORS 746.607 (Use and disclosure of personal information) (7), 746.640 (Access to recorded personal information), 746.645 (Correction, amendment or deletion of recorded personal information) or 746.650 (Reasons for adverse underwriting decisions).(2)
A licensee or insurance-support organization that discloses information in violation of ORS 746.665 (Limitations and conditions on disclosure of certain information) or a health insurer that uses or discloses information in violation of ORS 746.607 (Use and disclosure of personal information) (1) or (2) is liable for damages sustained by the individual about whom the information relates. However, an individual is not entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of the violation of ORS 746.607 (Use and disclosure of personal information) (1) or (2) or 746.665 (Limitations and conditions on disclosure of certain information).(3)
In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney fees to the prevailing party.(4)
An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.(5)
Except as specifically provided in this section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of ORS 746.600 (Definitions for ORS 746.600 to 746.690) to 746.690 (Obtaining information under false pretenses prohibited). [1981 c.649 §18; 1987 c.490 §56; 1995 c.618 §131; 2001 c.377 §28a; 2003 c.87 §18; 2003 c.364 §165a]
Source:
Section 746.680 — Remedies, https://www.oregonlegislature.gov/bills_laws/ors/ors746.html.
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