49-U.S.C.-32710

§32710 – Civil Actions By Private Persons

Pathway

Title 49 > Subtitle VI > Part C > Chapter 327 > Section 32710

Details

• Reference: Section 32710
• Legend: §32710 – Civil Actions By Private Persons
• USCode Year: 2013

Provision Content

(a) Violation and Amount of Damages.—A person that violates this chapter or a regulation prescribed or order issued under this chapter, with intent to defraud, is liable for 3 times the actual damages or $10,000, whichever is greater.

(b) Civil Actions.—A person may bring a civil action to enforce a claim under this section in an appropriate United States district court or in another court of competent jurisdiction. The action must be brought not later than 2 years after the claim accrues. The court shall award costs and a reasonable attorneys fee to the person when a judgment is entered for that person.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1055; Pub. L. 112–141, div. C, title I, §31206(2), July 6, 2012, 126 Stat. 761.)

In subsection (a), the words this chapter or a regulation prescribed or order issued under this chapter are substituted for requirement imposed under this subchapter for consistency.

In subsection (b), the words A person may bring a civil action to enforce a claim are substituted for An action to enforce any liability created . . . may be brought for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word appropriate is added for clarity. The words without regard to the amount in controversy are omitted because jurisdiction is now allowed under 28:1331 without regard to the amount in controversy. The words after the claim accrues are substituted for from the date on which the liability arises to eliminate unnecessary words. The words The court shall award . . . to the person when a judgment is entered for that person are substituted for in the case of any successful action to enforce the foregoing liability . . . as determined by the court for clarity.

Amendments

2012—Subsec. (a). Pub. L. 112–141 substituted $10,000 for $1,500.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

U.S. Encyclopedia of Law Coverage

49-U.S.C.-32511 in the Legal Encyclopedia: Transportation

In this entry about 49-U.S.C.-32511, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.

49-U.S.C.-32510 in the Legal Encyclopedia: Transport Programs

In this entry about 49-U.S.C.-32510, find legal reference material, bibliographies and premiere content related to transport programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States transport programs-specific issues, written by authorities in the field.

49-U.S.C.-32709 in the Legal Encyclopedia: Motor Vehicle Programs

In this entry about 49-U.S.C.-32709, find legal reference material, bibliographies and premiere content related to motor vehicle programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States motor vehicle programs-specific issues, written by authorities in the field.

49-U.S.C.-32702 in the Legal Encyclopedia: Motor Vehicle

In this entry about 49-U.S.C.-32702, find legal reference material, bibliographies and premiere content related to motor vehicle in the American Encyclopedia of Law, presenting a comprehensive view of the United States motor vehicle-specific issues, written by authorities in the field.

Topic Map

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