Oregon Statutes 646A.244 – Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses
(1) Except as provided in subsection (2) of this section, a person who is adversely affected by a creditor’s violation of ORS § 646A.240 shall have a cause of action to recover compensatory damages against the creditor and may also apply to a court for an injunction to prevent the creditor’s further violation of ORS § 646A.240. If the damages are awarded, or an injunction granted, the person shall be entitled to reasonable attorney fees at trial and on appeal, as determined by the court in addition to costs and necessary disbursements.
Terms Used In Oregon Statutes 646A.244
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) A creditor shall have no liability for compensatory damages, attorney fees or otherwise and no injunction shall issue:
(a) Where the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error; or
(b) Where in violating ORS § 646A.240, the creditor shows by a preponderance of evidence that it acted in good faith, in conformity with any statute, law, ordinance, rule, regulation, administrative interpretation or judicial determination then applicable to the transaction in question. [Formerly 646.865]
[Formerly 646.380; repealed by 2009 c.604 § 27]
[Formerly 646.382; repealed by 2009 c.604 § 27]
[Formerly 646.384; repealed by 2009 c.604 § 27]
[Formerly 646.386; repealed by 2009 c.604 § 27]
[Formerly 646.388; repealed by 2009 c.604 § 27]
[Formerly 646.390; repealed by 2009 c.604 § 27]
[Formerly 646.392; repealed by 2009 c.604 § 27]
[Formerly 646.394; repealed by 2009 c.604 § 27]
[Formerly 646.396; repealed by 2009 c.604 § 27]
[Formerly 646.397; repealed by 2009 c.604 § 27]
[Formerly 646.398; repealed by 2009 c.604 § 27]
(Gift Cards)