Consumer Law Library

Oregon: consumer-protection statute

Unlawful Trade Practices Act — Or. Rev. Stat. § 646.605 et seq.

Official statute source

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

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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

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to recover actual damages or statutory damages of $200, whichever is greater

Statutory minimum damages

A stated minimum or fixed amount of damages.

$200

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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

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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

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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

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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

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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

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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

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shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation