Oregon: consumer-protection statute
Unlawful Trade Practices Act — Or. Rev. Stat. § 646.605 et seq.
Statute-text comparison only, not legal advice. Verify against the current official code.
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Private right of action
Whether a person may bring a civil action under the statute.
A person that suffers an ascertainable loss of money or property as a result of another person's willful use or employment of a method, act or practice declared unlawful under ORS 646.608 may bring an individual action
646.638
may bring an individual action in an appropriate court to recover actual damages or statutory damages of $200, whichever is greater
Actual damages
Recovery for the loss a person actually suffered.
A private plaintiff may recover actual damages or statutory damages of $200, whichever is greater
646.638
to recover actual damages or statutory damages of $200, whichever is greater
Statutory minimum damages
A stated minimum or fixed amount of damages.
$200
646.638
to recover actual damages or statutory damages of $200, whichever is greater
Multiple or punitive damages
Damages multiplied or increased to punish unlawful conduct.
The court or jury may award punitive damages
646.638
The court or the jury may award punitive damages
Attorney fees
Rules for recovering the cost of legal representation.
Court may award reasonable attorney fees and costs to a prevailing plaintiff; to a prevailing defendant only if no objectively reasonable basis existed
646.638
The court may award reasonable attorney fees and costs at trial and on appeal to a prevailing plaintiff
Notice or demand before suit
Notice or a demand that must be sent before bringing an action.
Not found in the statute text reviewed
Class action limits
Restrictions on bringing claims on behalf of a class.
A class action may be maintained; statutory damages recoverable on behalf of class members only if ascertainable loss from reckless or knowing use is established
646.638
A class action may be maintained under this section
FTC interpretation clause
Directions to consider FTC or federal interpretations when applying the statute.
Not found in the statute text reviewed
Time limit for a claim
The period in which an action must be brought.
One year after discovery of the unlawful method, act or practice
646.638
Actions brought under this section must be commenced within one year after the discovery of the unlawful method, act or practice
Injunctive relief
Court orders requiring conduct to stop or change.
The court may provide any equitable relief the court considers necessary or proper
646.638
the court may provide any equitable relief the court considers necessary or proper
Attorney general civil penalties
Civil monetary penalties sought by the attorney general.
Not more than $25,000 per violation for willful violation of an injunction or assurance of voluntary compliance
646.642
shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation