(1) Any customer who suffers any ascertainable loss as a result of a willful violation of ORS 192.583 to 192.607 by any person, may bring an individual action in an appropriate court to recover actual damages or $1,000, whichever is greater. (2) Any customer who suffers any ascertainable loss as a result of a negligent violation of ORS 192.583 to 192.607 by any person, may bring an individual action in an appropriate court to recover actual damages. (3)(a) Except as provided in paragraph (b) of this subsection, the court may award reasonable attorney fees to the prevailing party in an action under this section. (b) The court may not award attorney fees to the state or a political subdivision of the state if the state or political subdivision prevails in an action under this section. (4) An action to enforce any provision of ORS 192.583 to 192.607 must be commenced within two years after the date on which the violation occurred. (5) Evidence obtained in violation of ORS 192.583 to 192.607 is inadmissible in any proceeding. [Formerly 192.590]
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