Chapter 346 Oregon Laws 1999

Session Law

AN ACT

HB 2984

Relating to consumer protection; creating new provisions; and amending ORS 646.359.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 646.359 is amended to read:

646.359. (1) If a consumer [appeals to a court from a decision resulting from the informal dispute settlement procedure established by ORS 646.355 because the consumer was not granted one of the remedies specified in ORS 646.335 (1), and the consumer is granted one of the specified remedies by the court,] brings an action in court under ORS 646.315 to 646.375 against a manufacturer and the consumer is granted one of the remedies specified in ORS 646.335 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exceed $50,000 over and above the amount due the consumer under ORS 646.335 (1), if the court finds that the manufacturer did not act in good faith [in the dispute settlement procedure].

[(2) If a consumer brings an action under ORS 646.315 to 646.375 against a manufacturer who has not established informal dispute settlement procedures and the consumer is granted one of the remedies specified in ORS 646.335 (1), the consumer shall also be awarded three times the amount of the damages.]

[(3)] (2) The court may award reasonable attorney fees to the prevailing party in an appeal or action under this section.

SECTION 2. The amendments to ORS 646.359 by section 1 of this 1999 Act apply to actions commenced on or after the effective date of this 1999 Act. Actions commenced before the effective date of this 1999 Act and still pending on the effective date of this 1999 Act are governed by ORS 646.359 (1997 Edition).

Approved by the Governor June 24, 1999

Filed in the office of Secretary of State June 24, 1999

Effective date October 23, 1999

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