If a vehicle dealer fails to comply with ORS § 822.042 (1)(b) or (d) or 822.045 (1)(k), the retail customer of the subject vehicle may bring an individual action against the vehicle dealer in the appropriate court. The court may award reasonable attorney fees to a prevailing plaintiff who brings an action under this section if the court finds all of the following:

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Terms Used In Oregon Statutes 822.048

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(1) A written demand was made on the defendant not less than 30 days before commencement of the action requesting compliance or other remedy.

(2) The defendant failed to comply or provide the remedy, including paying the plaintiff reasonable attorney fees and costs incurred by the plaintiff, within 30 days of the date of the written demand. [2019 c.543 § 2]

 

822.048 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS Chapter 822 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

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