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Oregon Revised Statutes

Or. Rev. Stat. § 124.115 (2026)

Persons not subject to action

✓ current as of May 2026
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      124.115 Persons not subject to action. (1) Except as provided by subsection (2) of this section, an action under ORS 124.100 may not be brought against:

      (a) Financial institutions, as defined by ORS 706.008;

      (b) A health care facility, as defined in ORS 442.015;

      (c) Any facility licensed or registered under ORS chapter 443; or

      (d) Broker-dealers licensed under ORS 59.005 to 59.505.

      (2) An action may be brought under ORS 124.100 against a person listed in subsection (1) of this section if:

      (a) The person is convicted of one of the crimes specified in ORS 124.105 (1); or

      (b) The person engages in conduct constituting financial abuse as described in ORS 124.110, and the person is convicted of a crime by reason of the conduct. [1995 c.671 §3a; 1997 c.631 §408; 1999 c.305 §3]

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2014–2026 · leading case: Wyers v. Am. Med. Response Nw., Inc., 377 P.3d 570 (Or. 2016).
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Wyers v. Am. Med. Response Nw., Inc., 377 P.3d 570 (Or. 2016). “See ORS 124.115 (setting out persons not subject to action under ORS 124.”
Lorraine Bates v. Bankers Life & Cas. Co, 849 F.3d 846 (9th Cir. 2017). “In addition to the text of the statute, Plaintiffs rély on a statutory list of exempted institutions that does not include insurance companies, Or. Rev. Stat. § 124.115 , the 1999 expansion of the financial abuse statute, 1999 Or.”
Wyers v. Am. Med. Response Nw., Inc., 342 P.3d 129 (Or. Ct. App. 2014). · cites it 3× “In defendant’s view, that understanding is further supported by the legislature’s inclusion of related provisions that expressly exempt from liability certain institutional defendants, see ORS 124.115, as well as by the absence of any express legislative discussion explicitly…”
Gattuccio v. Averill, 362 P.3d 691 (Or. Ct. App. 2015). · cites it 19× “ORS 124.115 provides: “(1) Except as provided by subsection (2) of this section, an action under ORS 124.”
Betsy Goren, on behalf of the Est. of Marjorie Goren v. SMA Hub, Inc.; Hub Bus. Trust; NV Partners, LLC; Jonathan (D. Or. 2026). · cites it 2× “It is also unclear whether any of the SMA Defendants qualify as “financial institutions” under Or. Rev. Stat. § 124.115 and, by extension, Or.”
Wyers v. Am. Med. Response Nw., Inc. (Or. 2016). “See ORS 124.115 (setting out persons not subject to action under ORS 124.”
Bates v. Bankers Life & Cas. Co. (Or. 2018). “Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies do not, ORS 124.115, suggesting that, for that reason,…”
Bates v. Bankers Life & Cas. Co. (Or. 2018). “Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies do not, ORS 124.115, suggesting that, for that reason,…”
Bates v. Bankers Life & Cas. Co. (Or. 2018). “Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies do not, ORS 124.115, suggesting that, for that reason,…”
— Or. Rev. Stat. § 124.115(1) — 1 case
Gattuccio v. Averill, 362 P.3d 691 (Or. Ct. App. 2015). “ORS 124.115 provides: “(1) Except as provided by subsection (2) of this section, an action under ORS 124.”
— Or. Rev. Stat. § 124.115(2) — 1 case
Gattuccio v. Averill, 362 P.3d 691 (Or. Ct. App. 2015). “ORS 124.115 provides: “(1) Except as provided by subsection (2) of this section, an action under ORS 124.”
— Or. Rev. Stat. § 124.115(2)(a) — 1 case
Gattuccio v. Averill, 362 P.3d 691 (Or. Ct. App. 2015). “ORS 124.115 provides: “(1) Except as provided by subsection (2) of this section, an action under ORS 124.”
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