Oregon Statutes 81.150 – Revocation of contract provision requiring consumer to assert claim outside state; requirements; attorney fees
(1) For the purposes of this section:
Terms Used In Oregon Statutes 81.150
- Contract: A legal written agreement that becomes binding when signed.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
(a) ‘Consumer’ means an individual who is purchasing goods or services for personal, family or household purposes.
(b) ‘Consumer contract‘ means a contract entered into by a consumer for the purchase of goods or services for personal, family or household purposes, in which the total cost of the purchase is $15,000 or less.
(2) A consumer may revoke a provision in a consumer contract that requires the consumer to assert a claim against the other party to the contract, or respond to a claim by the other party to the contract, in a forum that is not in this state. If the provision requires arbitration in a forum that is not in this state, the sole effect of a revocation under this section is that any evidentiary hearing, oral argument or other proceeding that requires or allows attendance by the consumer must be conducted in this state.
(3) Revocation of a provision under this section must be made in writing and communicated by the consumer to the other party within a reasonable time after a dispute arises.
(4) This section applies only to a consumer contract that was entered into by a consumer when the consumer was a resident of this state.
(5) A party seeking to enforce a revoked provision is liable for reasonable attorney fees incurred by a consumer in any litigation that results from the attempted enforcement of the revoked provision. [2007 c.890 § 1]