Chapter 133 — Arrest and Related Procedures; Search and Seizure; Extradition
ORS 133.739 Civil damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies
Any person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 or 133.737 shall have a civil cause of action against any person who willfully intercepts, discloses or uses, or procures any other person to intercept, disclose or use such communication and shall be entitled to recover from any such person:
Actual damages but not less than damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater; and
Punitive damages.
A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil action brought under this section.
Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.
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Provenance
2023 Oregon Revised Statutes
Official online edition
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- oregonlegislature.gov
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Version history
Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source2023 Oregon Revised Statutes · active · operative text
Official source