Oregon Code § 697.762·Enacted ·Last updated March 01, 2026
Statute Text
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 defendants 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.
(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 persons
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]