(2) If a court finds that notice was mailed as required by this section, and the opposing party failed to remedy the violation of 50 U.S.C. 3901 et seq. within the time allowed, the court shall award the servicemember:
(a) The greater of $1,000 or actual damages, including damages for emotional distress; or
(b) If the court finds that the opposing party’s conduct was willful, as described in ORS 646.605, the court shall award the servicemember the greater of $5,000 or three times the amount of actual damages, including damages for emotional distress.
(3) A written demand under subsection (1) of this section must be sent by certified mail, return receipt requested. The demand must include the servicemember’s name and address, the date on which the servicemember went on active duty and a description of the alleged violation of 50 U.S.C. 3901 et seq. [2009 c.83 §2; 2019 c.13 §19]