(2) Except as provided in this subsection, an action or suit may not be commenced under this section more than three years after the date on which the debt management service provider or person enters into an agreement for a debt management service with the consumer that suffered the ascertainable loss of money or property or more than three years after the debt management service provider or person performs a debt management service that violates ORS 697.652. An action under this section may be commenced within three years after the transaction that is the subject of the action or within two years after the facts on which the action is based were or should have been discovered, but an action may not be commenced more than five years after the transaction. Failure to commence an action on a timely basis is an affirmative defense.
(3) A consumer that has a right of action against a debt management service provider under this section has a right of action against the bond required under ORS 697.642.
(4) A court may award reasonable attorney fees to the prevailing party in an action brought under this section. [2009 c.604 §20]