ORS 735.643 Injunction; damages; venue; time for commencing action

A person, a municipal or other public corporation or, at the request of the Director of the Department of Consumer and Business Services, the Attorney General may bring an action in a circuit court of this state against a person that operates or purports to operate as a discount medical plan organization but that has not obtained a license under ORS 735.634, to:

Enjoin the person from operating or purporting to operate as a discount medical plan organization or from violating ORS 735.638 or 735.639 or any rule adopted thereunder; or

Recover actual damages or statutory damages under this section that arise from the person’s violation of ORS 735.638 or 735.639 or any rule adopted thereunder.

A plaintiff may bring an action under this section in the county where:

The plaintiff resides or conducts business; or

The defendant marketed, offered for sale or sold, promoted, distributed or advertised a discount medical plan.

If the court finds that the defendant has violated ORS 735.632, 735.638 or 735.639 or any rule adopted thereunder, the court shall enjoin the defendant from continuing the violation.

Unless a plaintiff seeks actual or statutory damages under this section, the plaintiff need not allege or prove actual damages to bring an action for an injunction under this section.

In addition to injunctive relief, the plaintiff who prevails in an action brought under this section is entitled to recover from the defendant:

$100 for each discount medical plan membership sold or otherwise distributed within this state or $10,000, whichever is greater;

Three times the amount of actual damages, if any, that the plaintiff sustained;

Reasonable attorney fees;

Costs; and

Any other relief the court deems proper.

A plaintiff must commence an action under this section within two years after the date on which the violation described in subsection (1) of this section occurred or within two years after the plaintiff bringing the action discovered or in the exercise of reasonable diligence should have discovered the violation. The plaintiff may have an additional 180 days after the two-year period provided in this subsection within which to commence an action if the plaintiff can prove by a preponderance of the evidence that the plaintiff failed to timely commence the action because of conduct by the defendant calculated solely to induce the plaintiff to refrain from or postpone commencement of the action.

The remedies provided in this section are cumulative and are in addition to any other applicable criminal, civil or administrative penalties.