2011 ORS § 646A.418¹
Remedies supplementary to existing statutory or common law remedies
  • election of remedies

Nothing in ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) is intended in any way to limit the rights or remedies that are otherwise available to a consumer under any other law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under ORS 646A.400 (Definitions for ORS 646A.400 to 646A.418) to 646A.418 (Remedies supplementary to existing statutory or common law remedies) shall not be available insofar as it would result in recovery in excess of the recovery authorized by ORS 646A.404 (Consumers remedies) without proof of fault resulting in damages in excess of such recovery. [Formerly 646.375]