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Can you summarize ORRS 646A.244?
Trade Regulation > Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses.
Short Summary
This legal document pertains to a cause of action for the violation of ORS 646A.240. It grants a person who is adversely affected by a creditor’s violation the right to recover compensatory damages and seek an injunction to prevent further violations. If damages are awarded or an injunction is granted, the person is entitled to reasonable attorney fees at trial and on appeal, along with costs and necessary disbursements. However, the creditor may be exempt from liability if they can demonstrate that the violation was unintentional and resulted from a bona fide error, despite maintaining procedures to avoid such errors. Additionally, if the creditor can show that they acted in good faith and in conformity with applicable laws and regulations, no liability or injunction shall be issued. No specific penalties are mentioned in this document.
Whom does it apply to?
A person who is adversely affected by a creditor's violation of ORS 646A.240
What does it govern?
Cause of action for violation of ORS 646A.240; injunction; attorney fees; defenses
What are exemptions?
Exemptions include cases where the violation was not intentional and resulted from a bona fide error despite the maintenance of procedures reasonably adopted to avoid such errors, or where the creditor acted in good faith and in conformity with applicable statutes, laws, ordinances, rules, regulations, administrative interpretations, or judicial determinations.
What are the Penalties?
No specific penalties mentioned.
Jurisdiction
Oregon