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Oregon Revised Statutes

Or. Rev. Stat. § 646.140 (2026)

Enjoining violations; treble damages; attorney fees; limitation on commencement of actions

✓ current as of May 2026
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      646.140 Enjoining violations; treble damages; attorney fees; limitation on commencement of actions. (1) Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 to 646.180 may maintain an action in any court of general equitable jurisdiction of this state, to prevent, restrain or enjoin the violation or threatened violation. If in such action, a violation or threatened violation of ORS 646.010 to 646.180 is established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in the action is entitled to recover three-fold the damages sustained by the plaintiff. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

      (2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

      (3) Actions brought under this section shall be commenced within four years from the date of the injury. [Amended by 1981 c.897 §75; 1983 c.467 §2; 1995 c.696 §33]

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1978–2026 · leading case: Top Serv. Body Shop, Inc. v. Allstate Ins., 582 P.2d 1365 (Or. 1978).
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Top Serv. Body Shop, Inc. v. Allstate Ins., 582 P.2d 1365 (Or. 1978). · cites it 3× “In its second cause of action plaintiff claimed treble damages under ORS 646.140 for lost profits due to unlawful price concessions obtained by Allstate from competing body shops.”
Yamaha Store of Bend, Oregon, Inc. v. Yamaha Motor Corp., U.S.A., 798 P.2d 656 (Or. 1990). · cites it 4× “The trial court found that plaintiff was entitled to reasonable attorney fees and costs on its price discrimination *346 claim pursuant to ORS 646.140 and on its contract claim pursuant to a provision in the parties contract.”
Forster v. Kawasaki Motors Corp., 698 P.2d 1001 (Or. Ct. App. 1985). · cites it 3× “The measure of damages in such action shall be the same as that prescribed by ORS 646.140.” 3 For the 1975 purchases, defendant paid Kawasaki City dealer cost minus 20 percent and also prepaid the freight charges; for parts purchased under the 1976 agreement, defendant paid…”
Yamaha Store of Bend, Oregon, Inc. v. Yamaha Motor Corp., 806 P.2d 123 (Or. 1991). · cites it 3× “” ORS 646.140. (Emphasis added.) *97 Therefore, plaintiff should have been allowed to recover its costs and disbursements on appeal.”
Yamaha Store of Bend, Oregon, Inc. v. Yamaha Motor Corp., U.S.A., 779 P.2d 1061 (Or. Ct. App. 1989). · cites it 4× “2 The court trebled the award pursuant to ORS 646.140 and ORS 646.150 and entered judgment for plaintiff for $77,574.”
Snyder v. Espino-Brown, 252 P.3d 318 (Or. 2011). “739(1) (person whose communication is intercepted has claim for relief and is “entitled” to recover damages); ORS 646.140(1) (plaintiff in price discrimination action “entitled” to recover treble damages).”
Ecoshield Pest Solutions Portland, LLC v. Grit Mktg., LLC; Zachary Seager; & Corbin Hansen (D. Or. 2026). “Here, Defendants seek attorney fees stemming from Plaintiff’s state law price discrimination claims; therefore, Oregon law controls. See Avery, 568 F.3d at 1023 .”
— Or. Rev. Stat. § 646.140(1) — 5 cases
Forster v. Kawasaki Motors Corp., 698 P.2d 1001 (Or. Ct. App. 1985). “The measure of damages in such action shall be the same as that prescribed by ORS 646.140.” 3 For the 1975 purchases, defendant paid Kawasaki City dealer cost minus 20 percent and also prepaid the freight charges; for parts purchased under the 1976 agreement, defendant paid…”
Yamaha Store of Bend, Oregon, Inc. v. Yamaha Motor Corp., U.S.A., 798 P.2d 656 (Or. 1990). “The trial court found that plaintiff was entitled to reasonable attorney fees and costs on its price discrimination *346 claim pursuant to ORS 646.140 and on its contract claim pursuant to a provision in the parties contract.”
Yamaha Store of Bend, Oregon, Inc. v. Yamaha Motor Corp., 806 P.2d 123 (Or. 1991). “” ORS 646.140. (Emphasis added.) *97 Therefore, plaintiff should have been allowed to recover its costs and disbursements on appeal.”
Snyder v. Espino-Brown, 252 P.3d 318 (Or. 2011). “739(1) (person whose communication is intercepted has claim for relief and is “entitled” to recover damages); ORS 646.140(1) (plaintiff in price discrimination action “entitled” to recover treble damages).”
Ecoshield Pest Solutions Portland, LLC v. Grit Mktg., LLC; Zachary Seager; & Corbin Hansen (D. Or. 2026). “Here, Defendants seek attorney fees stemming from Plaintiff’s state law price discrimination claims; therefore, Oregon law controls. See Avery, 568 F.3d at 1023 .”
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