Oregon Revised Statutes

Or. Rev. Stat. § 646A.286 (2026)

Cause of action by private party; judgment; attorney fees

✓ current as of May 2026

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646A.286 Cause of action by private party; judgment; attorney fees. (1) A recipient of a simulated invoice who has suffered any ascertainable loss as a result shall have a cause of action against any person who violates ORS 646A.282.

(2) If the recipient prevails, the court shall enter judgment against the defendant for:

(a) The greater of:

(A) Three times the amount stated in the simulated invoice received; or

(B) $500 for each simulated invoice received;

(b) Such orders or judgments as may be necessary to restore to the recipient any moneys of which the recipient was deprived by any conduct in violation of ORS 646A.282; and

(3) The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 646.298]

Notes of Decisions

Cited in 1 case, 2011–2011 · leading case: Rymer v. Zwingli, 247 P.3d 1246 (Or. Ct. App. 2011).

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Rymer v. Zwingli, 247 P.3d 1246 (Or. Ct. App. 2011). · cites it 3× “After the court entered the general judgment in the UTPA case, Light Up sought its attorney fees under ORS 646A.286(3) and ORS 646.638(3) (2007) 3 in that case for successfully defending against the Rymers’ UTPA claims.”

— Or. Rev. Stat. § 646A.286(3) — 1 case

Rymer v. Zwingli, 247 P.3d 1246 (Or. Ct. App. 2011). “After the court entered the general judgment in the UTPA case, Light Up sought its attorney fees under ORS 646A.286(3) and ORS 646.638(3) (2007) 3 in that case for successfully defending against the Rymers’ UTPA claims.”

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