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
attorneys 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
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 646.636
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses is prima facie evidence in an action brought under this section that
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