75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 386
 
LC 1394/SB 386-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 386
 
     By COMMITTEE ON CONSUMER PROTECTION AND PUBLIC AFFAIRS
 
                            March 30
 
  On page 3 of the printed bill, delete lines 24 through 40 and
insert:
  '  { +  SECTION 2. + } ORS 646.641 is amended to read:
  ' 646.641. { +  (1) As used in this section:
  ' (a) 'Debt collector' has the meaning given that term in ORS
646.639.
  ' (b) 'Debtor' has the meaning given that term in ORS
646.639. + }
  '  { - (1) - }  { +  (2) + }   { - Any - }  { +  A + } person
injured as a result of  { + a debt collector's + } willful use or
employment   { - by another person - }  of an unlawful collection
practice may bring an action in an appropriate court to enjoin
the practice or to recover actual damages or $200, whichever is
greater. The court or the jury may award punitive damages, and
the court may provide such equitable relief as   { - it - }  { +
the court + } deems necessary or proper.
  '  { - (2) - }   { + (3) + } In   { - any - }  { +  an + }
action brought   { - by a person - }  under this section, the
court may award { +  a prevailing debtor + } reasonable attorney
fees   { - to the prevailing party. - }  { + , costs and
expenses. If a court finds that a debtor brought an action under
this section in bad faith or solely for the purposes of
harassment, the court may award a prevailing debt collector
reasonable attorney fees. + }
  '  { - (3) - }   { + (4) + } Actions brought under this section
 { - shall - }  { +  must + } be commenced within one year from
the date of the injury.'.
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