Or. Rev. Stat. § 646A.859

Attorney General enforcement

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      646A.859 Attorney General enforcement. (1) If the Attorney General determines in response to a complaint from a consumer that a person has or controls any information, documents, physical evidence or other material that is relevant to an investigation of a violation of ORS 646A.850, or that could lead to a discovery of relevant information in an investigation of a violation of ORS 646A.850, the Attorney General may execute and cause an investigative demand to be served upon the person. The investigative demand may require that the person:

      (a) Appear and testify under oath at the time and place stated in the investigative demand;

      (b) Answer written interrogatories; and

      (c) Produce relevant information, documents, physical evidence or other material for examination at the time and place stated in the investigative demand.

      (2) An investigative demand under this section must be served as provided in ORS 646.622 and may be enforced as provided in ORS 646.626. Within the earlier of the return date specified in the investigative demand or 20 days after the date on which the investigative demand was served, a person may petition a circuit court of this state to extend the return date or modify or set aside the investigative demand. The petition must state good cause, including any privileged material.

      (3) Information the Attorney General obtains under this section that is a trade secret, as defined in ORS 192.345, is confidential and is not subject to public disclosure under ORS 192.311 to 192.478.

      (4) If the Attorney General finds in response to a complaint from a consumer that a person has violated ORS 646A.850, the Attorney General may bring a civil action in a circuit court of this state to:

      (a) Impose a civil penalty of not more than $1,000 for each day in which the violation continues; or

      (b) Obtain an injunction to restrain the violation.

      (5) The Attorney General shall deposit the proceeds of any civil penalties the Attorney General recovers under this section into the Department of Justice Protection and Education Revolving Account created under ORS 180.095. [2024 c.69 §3]

 

      Note: Section 7, chapter 69, Oregon Laws 2024, provides:

      Sec. 7. Section 3 of this 2024 Act [646A.859] applies to violations of section 1 of this 2024 Act [646A.850] that occur on or after July 1, 2027. [2024 c.69 §7]

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