(1) Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS 163.263, 163.264 or 163.266 may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263, 163.264 or 163.266.
(2) Upon prevailing in an action under this section, the plaintiff may recover:
(a) Both special and general damages, including damages for emotional distress; and
(b) Punitive damages.
(3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.
(4) An action under this section must be commenced within six years of the conduct giving rise to the claim. [2007 c.811 §9]
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