Liability for consumer’s ascertainable loss
- • limitation on time to commence action
(1) A debt management service provider or a person required to obtain a registration as a debt management service provider under ORS 697.612 (Registration requirement) is liable to a consumer who suffers an ascertainable loss of money or property, real or personal, in connection with the debt management service provider’s or person’s violation of a provision of ORS 697.652 (Written agreement and budget analysis requirement), 697.662 (Prohibited practices), 697.682 (Trust accounts for client funds), 697.692 (Fees) or 697.707 (Required disclosures).
(2) Except as provided in this subsection, an action or suit may not be commenced under this section more than three years after the date on which the debt management service provider or person enters into an agreement for a debt management service with the consumer that suffered the ascertainable loss of money or property or more than three years after the debt management service provider or person performs a debt management service that violates ORS 697.652 (Written agreement and budget analysis requirement). An action under this section may be commenced within three years after the transaction that is the subject of the action or within two years after the facts on which the action is based were or should have been discovered, but an action may not be commenced more than five years after the transaction. Failure to commence an action on a timely basis is an affirmative defense.
(3) A consumer that has a right of action against a debt management service provider under this section has a right of action against the bond required under ORS 697.642 (Bond requirement).
(4) A court may award reasonable attorney fees to the prevailing party in an action brought under this section. [2009 c.604 §20]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.