15 U.S.C. § 2072 — Suits for damages

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.