2013 ORS § 30.195¹
Civil action for violation of prohibitions relating to cable services

(1) A cable operator may bring a civil action for damages against any person who violates any provision of ORS 30.194 (Prohibitions relating to cable services).

(2) A cable operator who alleges a violation of ORS 30.194 (Prohibitions relating to cable services) may file for injunctive relief in the circuit court for the county where the alleged violation occurred or is occurring.

(3) A cable operator who files an action under this section is not required to plead damages with particularity as a condition of filing or maintaining the action.

(4) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (1) if the person is in actual possession of a device that permits the reception of unauthorized cable services for which payment has not been made and for which no legitimate purpose exists.

(5) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (2) if cable service to the persons business or residence was disconnected by a cable operator, notice of the disconnection was provided to the person by certified mail, and a connection exists at the persons business or residence after the date of the notice.

(6) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (3) if the cable operator as standard procedure:

(a) Places written warning labels on its converters or decoders indicating that tampering with the devices is a violation of law and a converter or decoder is found to have been tampered with, altered or modified to allow the reception of cable services without authorization from or payment to the cable operator; or

(b) Seals its converters or decoders with a label or mechanical device and the label or device has been removed or broken.

(7) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (4) if a person possesses 10 or more printed circuit boards or other devices designed to receive cable services. A person who is found to have violated ORS 30.194 (Prohibitions relating to cable services) (4) shall be subject to penalties described in ORS 30.196 (Amount recoverable) (2).

(8) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (5) if the person made representations to a buyer that the device offered for sale would allow the purchaser to obtain cable service without authorization from or payment to a cable operator. A person who is found to have violated ORS 30.194 (Prohibitions relating to cable services) (5) shall be subject to penalties described in ORS 30.196 (Amount recoverable) (2).

(9) In any action brought under this section, there shall be a rebuttable presumption that a person has violated ORS 30.194 (Prohibitions relating to cable services) (6) if a cable operator sent to the person by certified mail, at the most recent address for the person shown in the records of the cable operator, a written demand for the return of converters, decoders or other equipment owned by the cable operator. The demand shall allow the person to make reasonable arrangements to return the equipment within 15 days of receiving the notice. Reasonable arrangements may include a request that the cable operator pick up the equipment, subject to the cable operators written policies.

(10) Statements from a manufacturer or retailer regarding the intended use or uses of a product shall not constitute a defense to an alleged violation of ORS 30.194 (Prohibitions relating to cable services) (5). [1999 c.705 §3]