Civil penalties; attorney fees; mitigation. (1) The Attorney General may prosecute an action for appropriate injunctive relief and civil penalties in the name of the state for any violation of ORS 646.705 to 646.805. The court may assess for the benefit of the state a civil penalty of not more than $1 million for each violation of ORS 646.705 to 646.805. A court may find that any act or series of acts by an officer, partner or agent of a business entity on behalf of the business entity constitutes a violation or violations by the individual person as well as the business entity. The court may impose separate penalties against each individual as well as the business entity for each violation. The court may award reasonable attorney fees, expert fees and costs of investigation to the Attorney General if the Attorney General prevails in an action under this section. The court may award reasonable attorney fees, expert fees and costs of investigation to a defendant who prevails in an action under this section if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court

(2) The Attorney General’s complaint may also seek, and the court may order, in an appropriate case, the forfeiture of any corporate franchise, business entity registration, professional or business license or right to do business or to use an assumed business name if the court finds a defendant’s use of the franchise, business entity registration, license or right has been material to a violation of ORS 646.725 or 646.730.

(3) The court shall take into consideration in mitigation of any penalty assessed under this section, any fine or penalty imposed against the defendant by a United States court in a final judgment under 15 U.S.C. 1 to 45, which the court finds to be based on the same or substantially the same acts of defendant. [1975 c.255 §8; 1981 c.897 §80; 1995 c.696 §36; 1999 c.370 §1; 2023 c.103 §2]