646.636
Remedial power of court.
The court may make such additional orders or judgments as may be necessary to
restore to any person in interest any moneys or property, real or personal, of
which the person was deprived by means of any practice declared to be unlawful
in ORS 646.607 or 646.608, or as may be necessary to ensure cessation of
unlawful trade practices. [1971 c.744 §12; 1977 c.195 §8; 2005 c.22 §449]
Notes of Decisions
State ex rel. Redden v. Disc. Fabrics, Inc., 615 P.2d 1034 (Or. 1980).
· cites it 6× “* * *" ORS 646.636 provides: "The court may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, of which he was deprived by means of any practice declared to be unlawful in ORS 646.”
Pearson v. Philip Morris, Inc., 361 P.3d 3 (Or. 2015).
· cites it 2× “Under ORS 646.636, a court’s remedial powers in a public enforcement action include “restor[ing] to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any” unlawful trade practice.”
State ex rel. Johnson v. Int'l Harvester Co., 548 P.2d 176 (Or. Ct. App. 1976).
· cites it 6× “The court awarded Valeu $500 pursuant to ORS 646.636 [2] and ordered the defendant to pay costs and attorney fees, but refused to issue an injunction.”
State ex rel. Rosenblum v. Living Essentials, LLC, 529 P.3d 939 (Or. 2023).
“632(1) allows a prosecuting attorney to bring suit to restrain “unlawful trade practices,” and ORS 646.636 allows a court to order equitable relief to “restore” to a person money or property “of which the person was deprived” by means of an unlaw- ful practice or “as may be…”
State ex rel. Rosenblum v. Living Essentials, LLC, 497 P.3d 730 (Or. Ct. App. 2021).
· cites it 2× “642 (civil penalties); ORS 646.636 (authorizing court to “make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful…”
Fowler v. Cooley, 245 P.3d 155 (Or. Ct. App. 2010).
“7 Furthermore, ORS 646.636 provides that “!t]he court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful…”
Fredericks v. Universal Underwriters Ins., 915 P.2d 472 (Or. Ct. App. 1996).
“The complaint specifically alleged in part: “Pursuant to ORS 646.636, defendants should be required to provide full and complete refunds to all consumers who have purchased automobiles from any of defendants * * *.”
Pearson v. Philip Morris, Inc., No. S061745 (Or. Oct. 22, 2015).
“Under ORS 646.636, a court’s remedial powers in a public enforcement action include “restor[ing] to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any” unlawful trade practice.”
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