ORS 697.762
Enjoining violations

  • attorney fees
  • damages

(1)

If the Director of the Department of Consumer and Business Services determines that a person has engaged in, is engaging in or is about to engage in an act or practice that the director believes is in violation of ORS 697.612 (Registration requirement), 697.642 (Bond requirement) to 697.702 (Interference with records of debt management service provider) or 697.752 (Grounds for denial, revocation or suspension of registration), in addition to actions the director may take under ORS 697.752 (Grounds for denial, revocation or suspension of registration) the director may bring suit in the name of the State of Oregon in a circuit court of this state to enjoin the act or practice. Upon a proper showing, the court shall grant a permanent or temporary injunction or restraining order and may appoint a receiver or conservator for the defendant or the defendant’s assets. The court may not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant if the defendant prevails in an action under this section and the court determines that the director did not have an objectively reasonable basis for asserting the claim or a reasonable basis for appealing an adverse decision of the trial court.

(2)

The director may include in a suit authorized by subsection (1) of this section a claim for damages on behalf of a person injured by an act or practice against which the director sought an injunction or restraining order. The court may award appropriate relief to the person if the court finds that enforcing the person’s right by private civil action or suit, whether by class action or otherwise, would be so burdensome or expensive as to be impracticable. [1983 c.17 §18; 1995 c.696 §46; 2005 c.338 §19; 2009 c.604 §15]

Source: Section 697.762 — Enjoining violations; attorney fees; damages, https://www.­oregonlegislature.­gov/bills_laws/ors/ors697.­html.

697.005
Definitions for ORS 697.005 to 697.095
697.015
Registration requirement
697.031
Registration procedure
697.039
Revocation, suspension or refusal to issue or renew registration
697.045
Status of accounts and claims assigned to agency
697.053
Registration exclusive regulation
697.058
Agency records
697.063
Status of business records and bank accounts following revocation of registration
697.085
Rules
697.086
Rules for collection of child support payments
697.087
Injunction
697.091
Fees or compensation received in violation of law
697.093
Enforcement
697.094
Orders issued under ORS 697.093
697.095
Civil penalties
697.105
Fee for collection of debt owed public body
697.107
Prohibition on use of public agency or public official seal or letterhead
697.115
Fee for collection of commercial debt
697.500
Definitions for ORS 697.500 to 697.555
697.502
Exemptions from licensing and record-keeping requirements
697.504
Licensing requirement
697.510
License application form and contents
697.512
Application fee and investigation fee
697.514
Application review and license issuance
697.520
Prohibited practices
697.522
Receipt
697.524
Endorsement and deposit of payment instruments
697.526
Notice of fees and charges
697.528
Records
697.530
Prohibited conduct
697.540
Suspension or revocation of license
697.542
Powers of director
697.550
Rules
697.555
Civil penalties
697.602
Definitions for ORS 697.602 to 697.842
697.612
Registration requirement
697.632
Registration procedure
697.642
Bond requirement
697.652
Written agreement and budget analysis requirement
697.662
Prohibited practices
697.672
Requirement to make, keep and maintain records
697.682
Trust accounts for client funds
697.692
Fees
697.702
Interference with records of debt management service provider
697.707
Required disclosures
697.718
Liability for consumer’s ascertainable loss
697.722
Execution or attachment of trust account funds
697.732
Examinations
697.752
Grounds for denial, revocation or suspension of registration
697.762
Enjoining violations
697.822
Remedy not exclusive
697.825
Enforcement
697.832
Civil penalties
697.840
Rules
697.842
Disposition of moneys received by director
697.990
Penalties
697.992
Jurisdiction of courts
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