Oregon Statutes - Chapter 646A - Trade Regulation - Section 646A.264 - Unenforceable contract provisions; burden of proof; injunctions.

(1) Any contract that violates any provision of ORS 646A.252 to 646A.270 and any waiver of any provision of ORS 646A.252 to 646A.270 by a consumer shall be void and unenforceable as contrary to public policy. A credit services organization shall not attempt to induce a consumer to waive the application of any provision of ORS 646A.252 to 646A.270.

(2) In any proceeding under ORS 646A.252 to 646A.270, the burden of proving an exemption from a definition is upon the person claiming such an exemption.

(3) Any circuit court of this state has jurisdiction in equity to restrain and enjoin violations of ORS 646.608 and 646A.250 to 646A.270.

(4) This section shall not prohibit the enforcement by any person of any right provided by ORS 646.608 and 646A.250 to 646A.270 or any other applicable law. [Formerly 646.394]

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Last modified: August 7, 2008