(2) Any person who willfully violates any provision of an assurance of voluntary compliance approved and filed with an appropriate court under ORS 646.632 shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 per violation. Any prosecuting attorney may apply to an appropriate court for recovery of such civil penalty. In any action brought by a prosecuting attorney under this section, and in any contempt action brought by a prosecuting attorney pursuant to ORS 646.632 (4), the court may award to the prevailing party, in addition to any other relief provided by law, reasonable attorney fees and costs at trial and on appeal.
(3) In any suit brought under ORS 646.632, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by ORS 646.607 or 646.608, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty to be set by the court of not exceeding $25,000 per violation. [1971 c.744 §17; 1975 c.437 §5; 1977 c.195 §10; 1989 c.745 §2; 1995 c.618 §100]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 646 - Trade Practices and Antitrust Regulation
Section 646.020 - Definitions and explanations.
Section 646.040 - Price discrimination prohibited; price differentials.
Section 646.461 - Definitions for ORS 646.461 to 646.475.
Section 646.463 - Enjoining misappropriation; payment of royalties; affirmative acts.
Section 646.465 - Damages for misappropriation.
Section 646.467 - Attorney fees.
Section 646.515 - Definitions for ORS 646.515 to 646.545.
Section 646.535 - Unfair trade practices prohibited; exception.
Section 646.545 - Remedy for unfair trade practices; attorney fees.
Section 646.551 - Definitions for ORS 646.551 to 646.557.
Section 646.557 - Required disclosures by telephonic seller.
Section 646.561 - Definitions for ORS 646.561 to 646.565.
Section 646.567 - Definitions for ORS 646.567 to 646.578.
Section 646.568 - Findings and purpose.
Section 646.605 - Definitions for ORS 336.184 and 646.605 to 646.652.
Section 646.607 - Unlawful business, trade practices.
Section 646.608 - Additional unlawful business, trade practices; proof; rules.
Section 646.612 - Application of ORS 646.607 and 646.608.
Section 646.618 - Investigative demand; petition to modify.
Section 646.622 - Method of serving investigative demand.
Section 646.626 - Effect of failure to obey investigative demand.
Section 646.639 - Unlawful collection practices.
Section 646.642 - Civil penalties.
Section 646.647 - Unlawful use of recording group name; exceptions.
Section 646.648 - Unlawful practice by manufactured dwelling dealer.
Section 646.705 - Definitions for ORS 136.617 and 646.705 to 646.805.
Section 646.715 - Declaration of purpose.
Section 646.736 - Public policy; certain cooperative activities not unlawful.
Section 646.740 - Permitted activities.
Section 646.750 - Investigative demand by Attorney General; petition to modify.
Section 646.760 - Civil penalties; attorney fees; mitigation.
Section 646.770 - Equitable remedies; attorney fees.
Section 646.775 - Actions by Attorney General; damages; attorney fees.
Section 646.800 - Time of commencing action.
Section 646.805 - Effect of prior final judgment or decree.
Section 646.881 - Definitions for ORS 646.881 to 646.885.
Section 646.883 - Price comparison in advertisement prohibited; exceptions.
Section 646.885 - Use of terms in advertisement containing price comparison.
Section 646.905 - Definitions for ORS 646.910 to 646.923.
Section 646.930 - Motor vehicle fuel prices; requirements for display.
Section 646.935 - Diesel fuel sales; price discrimination.
Section 646.945 - Definitions for ORS 646.947 to 646.963.
Section 646.947 - Prohibited activities.
Section 646.949 - Signs identifying octane rating.
Section 646.951 - Testing of motor vehicle fuel.
Section 646.953 - Orders of Director of Agriculture.
Section 646.955 - Records required.
Section 646.959 - Annual fee for metering instrument or device.