Oregon — State Statute

Oregon Revised Statutes Chapter 646 § 646.636 — is prima facie evidence in an action brought under this section that

Oregon Revised Statutes Chapter 646 ·
Oregon Code § 646.636 · Enacted · Last updated March 01, 2026
Statute Text
is prima facie evidence in an action brought under this section that the respondent used or employed a method, act or practice declared unlawful under ORS 646.608, but an assurance of voluntary compliance, whether or not approved by the court, is not evidence of the violation. (6) Actions brought under this section must be commenced within one year after the discovery of the unlawful method, act or practice. Notwithstanding this limitation, if a prosecuting attorney filed a complaint to prevent, restrain or punish a violation of ORS 646.608, the complaint tolls the statute of limitations with respect to every private right of action under this section that is based in whole or in part on any matter set forth in the prosecuting attorney’s complaint for the period of time in which the proceeding that the prosecuting attorney initiated is pending. (7) Notwithstanding subsection (6) of this section, in any action that a seller or lessor brings against a purchaser or lessee of real estate, goods or services, the purchaser or lessee may assert any counterclaim that the purchaser or lessee has arising out of a violation of ORS 336.184 and 646.605 to 646.652. (8) A class action may be maintained under this section. In any class action under this section: (a) Statutory damages under subsection (1) of this section may be recovered on behalf of class members only if the plaintiffs in the action establish that the members have sustained an ascertainable loss of money or property as a result of a reckless or knowing use or employment by the defendant of a method, act or practice declared unlawful by ORS 646.608; (b) The trier of fact may award punitive damages; and (c) The court may award appropriate equitable relief. (9) This section does not apply to: (a) Any method, act or practice described in ORS 646.608 (1)(aa). Actions for violation of laws relating to odometers are provided under ORS 815.410 and 815.415. (b) A violation of ORS 86.726 (1)(a) or (2), 86.729 (4) or 86.732 (1) or (2). [1971 c.744 §13; 1973 c.235 §5; 1975 c.437 §4; 1977 c.195 §9; 1981 c.897 §78; 1985 c.251 §10b; 1995 c.696 §35; 2001 c.917 §3; 2001 c.924 §§16,18; 2005 c.42 §§3,4; 2009 c.327 §1; 2009 c.552 §6; 2013 c.304 §14]
Plain English Explanation
This Oregon statute addresses is prima facie evidence in an action brought under this section that . AI-powered analysis coming soon.
Key Points
Frequently Asked Questions
This section of Oregon law addresses is prima facie evidence in an action brought under this section that . Read the full statute text above for details.
This page reflects the current text as of our last update. Always verify with the official Oregon legislature website for the most current version.
The formal citation is Oregon Code § 646.636. Use this format in legal documents and court filings.
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