ORS 192.541 Private right of action; remedies; affirmative defense; attorney fees

An individual or an individual’s blood relative, representative or estate may bring a civil action against any person who violates ORS 192.535, 192.537, 192.539 or 192.547.

For a violation of ORS 192.537 or 192.547, the court shall award the greater of actual damages or:

$100, for an inadvertent violation that does not arise out of the negligence of the defendant;

$500, for a negligent violation;

$10,000, for a knowing or reckless violation;

$15,000, for a knowing violation based on a fraudulent misrepresentation; or

$25,000, for a knowing violation committed with intent to sell, transfer or use for commercial advantage, personal gain or malicious harm.

For a violation of ORS 192.535 or 192.539, the court shall award the greater of actual damages or:

$1,000, for an inadvertent violation that does not arise out of the negligence of the defendant;

$5,000, for a negligent violation;

$100,000, for a knowing or reckless violation;

$150,000, for a knowing violation based on a fraudulent misrepresentation; or

$250,000, for a knowing violation committed with intent to sell, transfer or use for commercial advantage, personal gain or malicious harm.

It is an affirmative defense to an action described in subsection (2)(a) or (b) or (3)(a) or (b) of this section that the defendant corrected the violation through destruction of illegally retained or obtained samples or information, or took other action to correct the violation, if the correction was completed within 120 days after the defendant knew or should have known that the violation occurred.

The court may provide such equitable relief as it deems necessary or proper.

The court may award attorney fees to a defendant only if the court finds that the plaintiff had no objectively reasonable basis for asserting a claim or for appealing an adverse decision of the trial court.

The court shall award attorney fees to a plaintiff if the court finds that the defendant committed a violation described in subsection (2)(c), (d) or (e) or (3)(c), (d) or (e) of this section.

An action authorized by subsection (1) of this section must be commenced within three years after the date the plaintiff knew or should have known of the violation, but in no instance more than 10 years after the date of the violation.

A plaintiff may recover damages provided by subsections (2) and (3) of this section for each violation by a defendant.

ORS 31.725, 31.730, 31.735 and 31.740 do not apply to amounts awarded in actions under this section.