(1) If a consumer brings an action in court under ORS § 646A.400 to 646A.418 against a manufacturer and the consumer is granted one of the remedies specified in ORS § 646A.404 (1) by the court, the consumer shall also be awarded up to three times the amount of any damages, not to exceed $50,000 over and above the amount due the consumer under ORS § 646A.404 (1), if the court finds that the manufacturer did not act in good faith.

Terms Used In Oregon Statutes 646A.412

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

(2) Except as provided in subsection (3) of this section, the court may award reasonable attorney fees, fees for expert witnesses and costs to a consumer who prevails in an appeal or action under ORS § 646A.400 to 646A.418. If a court finds that a consumer brought an action under ORS § 646A.400 to 646A.418 in bad faith or solely for the purposes of harassment, the court may award a prevailing manufacturer reasonable attorney fees.

(3) The court may award reasonable attorney fees, fees for expert witnesses and costs to the prevailing party in an appeal or action under ORS § 646A.400 to 646A.418 that involves a motor home. [Formerly 646.359; 2009 c.448 § 6]

 

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