15 U.S.C. § 2073 — Additional enforcement of product safety

Page 1754 TITLE 15—COMMERCE AND TRADE § 2072 ralty. Whenever such proceedings involving sub- stantially similar consumer products are pend- ing in courts of two or more judicial districts they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest upon notice to all other parties in interest. (Pub. L. 92–573, § 22, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 94–284, §§ 11(b), 12(c), May 11, 1976, 90 Stat. 507, 508.) Editorial Notes AMENDMENTS 1976—Subsec. (a). Pub. L. 94–284, §§ 11(b), 12(c)(1), des- ignated existing provision as par. (1) and (3), added par. (2), and in provision following par. (3) substituted ‘‘(without regard to section 2076(b)(7)(A) of this title)’’ for ‘‘(with the concurrence of the Attorney General)’’. Subsec. (b). Pub. L. 94–284, § 12(c)(2), amended subsec. (b) generally, inserting provision designated as par. (2) which included within consumer products liable to pro- ceedings, a product of which the manufacture for sale, offering for sale, distribution in commerce, or importa- tion into the United States has been prohibited. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2072. Suits for damages (a) Persons injured; costs; amount in controversy Any person who shall sustain injury by reason of any knowing (including willful) violation of a consumer product safety rule, or any other rule or order issued by the Commission may sue any person who knowingly (including willfully) vio- lated any such rule or order in any district court of the United States in the district in which the defendant resides or is found or has an agent, shall recover damages sustained and may, if the court determines it to be in the interest of jus- tice, recover the costs of suit, including reason- able attorneys’ fees (determined in accordance with section 2060(f) of this title) and reasonable expert witnesses’ fees: Provided, That the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and cost, unless such action is brought against the United States, any agency thereof, or any officer or em- ployee thereof in his official capacity. (b) Denial and imposition of costs Except when express provision is made in a statute of the United States, in any case in which the plaintiff is finally adjudged to be enti- tled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be ad- judged to be entitled, and exclusive of interests and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. (c) Remedies available The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by common law or under Fed- eral or State law. (Pub. L. 92–573, § 23, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(c), May 11, 1976, 90 Stat. 507; Pub. L. 96–486, § 3, Dec. 1, 1980, 94 Stat. 2369; Pub. L. 97–35, title XII, § 1211(h)(3)(B), Aug. 13, 1981, 95 Stat. 723.) Editorial Notes AMENDMENTS 1981—Subsec. (a). Pub. L. 97–35 substituted ‘‘section 2060(f) of this title’’ for ‘‘section 2059(e)(4) of this title’’. 1980—Subsec. (a). Pub. L. 96–486, § 3(a), struck out pro- vision subjecting actions under this section to section 1331 of title 28 as to the amount in controversy and in- serted proviso establishing minimum amount in con- troversy and excepting actions brought against the United States, or agencies, officers, or employees thereof. Subsecs. (b), (c). Pub. L. 96–486, § 3(b), added subsec. (b) and redesignated former subsec. (b) as (c). 1976—Subsec. (a). Pub. L. 94–284 substituted ‘‘shall’’ for ‘‘and shall’’ and provision permitting the court to award costs in the interest of justice for a prior provi- sion which permitted the court to award costs in its discretion. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE OF 1980 AMENDMENT; APPLICABILITY For effective date and applicability of amendment by Pub. L. 96–486, see section 4 of Pub. L. 96–486, set out as an Effective Date of 1980 Amendment note under sec- tion 1331 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2073. Additional enforcement of product safety rules and section 2064 orders (a) In general Any interested person (including any indi- vidual or nonprofit, business, or other entity) may bring an action in any United States dis- trict court for the district in which the defend- ant is found or transacts business to enforce a consumer product safety rule or an order under section 2064 of this title, and to obtain appro- priate injunctive relief. Not less than thirty days prior to the commencement of such action, such interested person shall give notice by reg- istered mail to the Commission, to the Attorney General, and to the person against whom such action is directed. Such notice shall state the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought. No separate suit shall be brought under this sec- tion if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter. In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attor- neys’ fees (determined in accordance with sec- tion 2060(f) of this title) and reasonable expert witnesses’ fees. Page 1755 TITLE 15—COMMERCE AND TRADE § 2074 (b) State Attorney General enforcement (1) Right of action Except as provided in paragraph (5), the at- torney general of a State, or other authorized State officer, alleging a violation of section 2068(a)(1), (2), (5), (6), (7), (9), or (12) of this title that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the de- fendant is found or transacts business to ob- tain appropriate injunctive relief. (2) Initiation of civil action (A) Notice to Commission required in all cases A State shall provide written notice to the Commission regarding any civil action under paragraph (1). Except when proceeding under subparagraph (C), the State shall provide the notice at least 30 days before the date on which the State intends to initiate the civil action by filing a complaint. (B) Filing of complaint A State may initiate the civil action by filing a complaint— (i) at any time after the date on which the 30-day period ends; or (ii) earlier than such date if the Commis- sion consents to an earlier initiation of the civil action by the State. (C) Actions involving substantial product hazard Notwithstanding subparagraph (B), a State may initiate a civil action under paragraph (1) by filing a complaint immediately after notifying the Commission of the State’s de- termination that such immediate action is necessary to protect the residents of the State from a substantial product hazard (as defined in section 2064(a) of this title). (D) Form of notice The written notice required by this para- graph may be provided by electronic mail, facsimile machine, or any other means of communication accepted by the Commis- sion. (E) Copy of complaint A State shall provide a copy of the com- plaint to the Commission upon filing the complaint or as soon as possible thereafter. (3) Intervention by the Commission The Commission may intervene in such civil action and upon intervening— (A) be heard on all matters arising in such civil action; and (B) file petitions for appeal of a decision in such civil action. (4) Construction Nothing in this section, section 1264(d) of this title, section 1477 of this title, or section 1194(a) of this title shall be construed— (A) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or (B) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation No separate suit shall be brought under this subsection (other than a suit alleging a viola- tion of paragraph (1) or (2) of section 2068(a) of this title) if, at the time the suit is brought, the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter. (6) Restrictions on private counsel If private counsel is retained to assist in any civil action under paragraph (1), the private counsel retained to assist the State may not— (A) share with participants in other pri- vate civil actions that arise out of the same operative facts any information that is— (i) subject to attorney-client or work product privilege; and (ii) was obtained during discovery in the action under paragraph (1); or (B) use any information that is subject to attorney-client or work product privilege that was obtained while assisting the State in the action under paragraph (1) in any other private civil actions that arise out of the same operative facts. (Pub. L. 92–573, § 24, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(d), May 11, 1976, 90 Stat. 507; Pub. L. 97–35, title XII, § 1211(a), (h)(3)(C), Aug. 13, 1981, 95 Stat. 721, 723; Pub. L. 110–314, title II, § 218(a), Aug. 14, 2008, 122 Stat. 3060.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–314 substituted ‘‘Additional’’ for ‘‘Private’’ in section catchline, designated existing pro- visions as subsec. (a), inserted subsec. heading, and added subsec. (b). 1981—Pub. L. 97–35 substituted ‘‘Any interested per- son (including any individual or nonprofit, business, or other entity)’’ for ‘‘Any interested person’’, and ‘‘sec- tion 2060(f) of this title’’ for ‘‘2059(e)(4) of this title’’. 1976—Pub. L. 94–284 substituted provision permitting the court to award costs in the interest of justice for the provision which permitted costs to be demanded as part of the complaint and the court to award them to the prevailing party. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2074. Private remedies (a) Liability at common law or under State stat- ute not relieved by compliance Compliance with consumer product safety rules or other rules or orders under this chapter