ORS 618.516
Civil action by private party

  • damages
  • attorney fees and costs
  • effect of court action
  • time for commencing action

(1)

Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a willful security seal violation may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it considers necessary or proper.

(2)

Upon commencement of any action brought under subsection (1) of this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of such judgment to the Attorney General.

(3)

In any action brought by a person under this section, the court may award to the prevailing party reasonable attorney fees at trial and on appeal and costs.

(4)

Any permanent injunction or judgment or order of the court made under ORS 618.506 (Enjoining security seal violations) or 618.511 (Remedial power of court) is prima facie evidence, in an action brought under this section, that the respondent committed a security seal violation, but an assurance of voluntary compliance, whether or not approved by the court, shall not be evidence of such violation.

(5)

Actions brought under this section shall be commenced within one year from the discovery of the security seal violation. However, whenever any complaint is filed by a prosecuting attorney to prevent, restrain or punish security seal violations, the running of the statute of limitations with respect to every private right of action under this section and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof. [1973 c.294 §5; 1981 c.897 §71; 1995 c.618 §91; 2003 c.576 §526]

Source: Section 618.516 — Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html.

618.010
Definitions 618.016
Policy 618.021
Duties of director 618.026
Delegation of duties and powers of department and director 618.031
Rulemaking authority 618.036
Establishing weights and measures system 618.041
Standards for weights and measures system 618.046
Secondary standards 618.051
Specifications and tolerances of commercial weights and measures 618.056
Testing and inspecting weights and measures offered for sale or used commercially 618.061
Testing weights and measures at institutions supported by state funds 618.066
Department investigation of alleged weights and measures law violations 618.071
Inspection and investigation authority of department 618.076
Approving use of weights and measures 618.081
Owners of weights and measures required to correct deficiencies 618.086
Orders restricting distribution of weights and measures 618.091
Security seal to be attached to weights and measures devices 618.096
Prohibited acts involving commercial weights and measures 618.101
Evidentiary presumptions regarding weights and measures law 618.115
Voluntary inspection of weighing or measuring instruments 618.121
License required for commercially operated weighing or measuring instrument 618.126
Exemptions from licensing requirement 618.131
Weights and measures licenses in addition to other licenses 618.136
Establishing license fees 618.141
Maximum license fees 618.146
Term of licenses 618.151
Commercial use of unlicensed weighing or measuring instrument prohibited 618.156
Forms, certificates and identification tags 618.161
Notice of violation to owner or operator of unlicensed weighing or measuring instrument 618.201
Sampling of packages and commodities 618.206
Manner of selling commodities 618.211
Labeling of packaged commodities 618.216
Cost per unit labeling requirements 618.221
Restriction on manner of packaging commodities 618.226
Commodity price and quantity advertising requirements 618.231
“Weight” defined 618.236
Price misrepresentation prohibited 618.241
Written invoice of certain commodity sales required 618.246
Sale by weight required for certain food products 618.275
Testing and inspection of scales 618.406
Definitions 618.501
Definitions 618.506
Enjoining security seal violations 618.511
Remedial power of court 618.516
Civil action by private party 618.521
Investigative demand 618.526
Method of serving investigative demand 618.531
Effect of failure to obey investigative demand 618.541
Loss of license for operation in violation of injunction 618.546
Reports by district attorney to Attorney General 618.551
Remedies supplementary to existing statutory or common law remedies 618.991
Penalties 618.995
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 618.516’s source at oregon​.gov