Oregon Revised Statutes Chapter 646 § 646.725 — or 646.730. In the action, the Attorney General may seek:
Oregon Revised Statutes Chapter 646 ·
Oregon Code § 646.725·Enacted ·Last updated March 01, 2026
Statute Text
or 646.730. In the action, the Attorney General may seek:
(A) Equitable
relief, including disgorgement of any gains;
(B) Injunctive
relief; and
(C) Monetary
relief.
(b) The Attorney
General may bring an action under this subsection regardless of whether the
natural person, the state or the public body dealt directly or indirectly with
the adverse party.
(c) Subject to
paragraphs (d) and (e) of this subsection, the court shall award to the
Attorney General on behalf of a natural person, the state or a public body
three times the total damages that the natural person, the state or the public
body sustained from the violation plus the Attorney Generals costs in bringing
the action. The court may award to the Attorney General reasonable attorney
fees and expert fees and costs of investigation if the Attorney General
prevails in an action under this subsection.
(d) The court
shall exclude from the amount of monetary relief awarded in an action under
this subsection any amount of monetary relief:
(A) That
duplicates amounts that have been awarded for the same injury; or
(B) That is
properly allocable to natural persons who have excluded their claims pursuant
to subsection (2)(b) of this section, or to any business entity.
(e) The court
shall award to the Attorney General only the actual damages that the natural
person, the state or the public body sustains if the Attorney General prevails
solely on the basis of a judgment entered in a proceeding under 15 U.S.C. 1 to
45, or in another action by the state under ORS 646.760, 646.770 or 646.780,
that is used as collateral estoppel against the defendant under ORS 646.805.
(f) The court may
award reasonable attorney fees to a defendant that prevails in an action under
this subsection if the court determines that the Attorney General had no
objectively reasonable basis for asserting the claim or no reasonable basis for
appealing an adverse decision of the trial court.
(2)(a) In any
action the Attorney General brings under subsection (1) of this section, the
Attorney General shall, at the times, in the manner and with the content the
court directs, give notice by publication. If the court finds that notice given
solely by publication would deny due process of law to a natural person or a
public body, the court may direct further notice to the natural person or
public body according to the circumstances of the case.
(b) Any natural
person or public body on whose behalf the Attorney General brings an action
under subsection (1) of this section may elect to exclude from adjudication the
portion of the claim for monetary relief attributable to the natural person or
public body by filing notice of the election with the court within the time
specified in the notice given pursuant to paragraph (a) of this subsection.
(c) The final
judgment in an action under subsection (1) of this section is res judicata as
to any claim any natural person or public body has in an action that the
Attorney General brought on behalf of the natural person or the public body if
the natural person or public body fails to give the notice specified in
paragraph (b) of this subsection within the period specified in the notice the
Attorney General gives under paragraph (a) of this subsection.
(3) An action
under subsection (1) of this section may not be dismissed or compromised
without the approval of the court, and the notice of any proposed dismissal or
compromise must be given in the manner the court directs.
(4) In any action
under subsection (1) of this section in which there has been a determination
that a defendant agreed to fix prices in violation of ORS 646.725, damages may
be proved and assessed in the aggregate by statistical or sampling methods, by
the computation and pro rata allocation of illegal overcharges, or by any other
reasonable system of estimating aggregate damages that the court in the courts
discretion may permit without the necessity of separately proving the
individual claim of, or amount of damage to, the natural person or public body
on whose behalf the Attorney General brought the action.
(5)(a) Monetary
relief recovered in an action under subsection (1) of this section must be
distributed in the manner the court in the courts discretion may authorize,
subject to the requirement that any distribution procedure adopted afford a
reasonable opportunity to secure an appropriate portion of the net monetary
relief to each natural person or public body on whose behalf the Attorney General
brought the action.
(b) The Attorney
General shall deposit that portion of the monetary relief the court awards as
costs of the action and a reasonable attorney fee in the Department of Justice
Protection and Education Revolving Account established pursuant to ORS 180.095.
(c) To the extent
that the monetary relief the court awards is not exhausted by distribution
under paragraphs (a) and (b) of this subsection, the remaining fun
Plain English Explanation
This Oregon statute addresses or 646.730. In the action, the Attorney General may seek:. AI-powered analysis coming soon.
Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 646.725
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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