Oregon Statutes 697.762 – Enjoining violations; attorney fees; damages
(1) If the Director of the Department of Consumer and Business Services determines that a person has engaged in, is engaging in or is about to engage in an act or practice that the director believes is in violation of ORS § 697.612, 697.642 to 697.702 or 697.752, in addition to actions the director may take under ORS § 697.752 the director may bring suit in the name of the State of Oregon in a circuit court of this state to enjoin the act or practice. Upon a proper showing, the court shall grant a permanent or temporary injunction or restraining order and may appoint a receiver or conservator for the defendant or the defendant’s assets. The court may not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant if the defendant prevails in an action under this section and the court determines that the director did not have an objectively reasonable basis for asserting the claim or a reasonable basis for appealing an adverse decision of the trial court.
Terms Used In Oregon Statutes 697.762
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The director may include in a suit authorized by subsection (1) of this section a claim for damages on behalf of a person injured by an act or practice against which the director sought an injunction or restraining order. The court may award appropriate relief to the person if the court finds that enforcing the person’s right by private civil action or suit, whether by class action or otherwise, would be so burdensome or expensive as to be impracticable. [1983 c.17 § 18; 1995 c.696 § 46; 2005 c.338 § 19; 2009 c.604 § 15]
[1959 c.635 § 31; 1963 c.470 § 16; repealed by 1981 c.631 § 2]
[1959 c.635 § 32; repealed by 1981 c.631 § 2]
[1983 c.17 § 19; 1989 c.209 § 4; repealed by 2009 c.604 § 27]
[1959 c.635 § 33; repealed by 1981 c.631 § 2]
[1959 c.635 § 34; 1961 c.309 § 7; 1967 c.216 § 2; 1977 c.41 § 4; repealed by 1981 c.631 § 2]
[1983 c.17 § 20; 1989 c.209 § 5; repealed by 2009 c.604 § 27]
[1963 c.470 § 6; repealed by 1981 c.631 § 2]
[1959 c.635 § 35; repealed by 1981 c.631 § 2]
[1965 c.190 § 2; repealed by 1981 c.631 § 2]
[1983 c.17 § 21; 1995 c.696 § 47; repealed by 2009 c.604 § 27]
[1983 c.17 § 22; repealed by 2009 c.604 § 27]
[1971 c.734 § 163; repealed by 1981 c.631 § 2]
[1983 c.17 § 23; 1989 c.209 § 6; repealed by 2009 c.604 § 27]
[1973 c.548 § 2; 1977 c.185 § 14; 1981 c.85 § 12; repealed by 1981 c.631 § 2]