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Title 15 — Commerce and TradeRelease 119-73

§2072 Suits for damages

Title 15 › Chapter CHAPTER 47— - CONSUMER PRODUCT SAFETY › § 2072

Last updated Apr 6, 2026|Official source

Summary

If someone is hurt because another person knowingly violated a consumer product safety rule or another order from the Commission, the injured person can sue that wrongdoer in U.S. district court where the defendant lives, is found, or has an agent. The plaintiff can get money for the harm and, if the court thinks it fair, recover lawsuit costs and reasonable lawyer and expert fees (as set in section 2060(f)). The claim must exceed $10,000 (not counting interest and costs), unless the defendant is the United States, a federal agency, or a federal official sued in an official role. If the final recovery is under $10,000 (counted before any setoff or counterclaim and excluding interest and costs), the court may deny costs to the plaintiff or make the plaintiff pay costs. These remedies are in addition to other legal rights.

Full Legal Text

Title 15, §2072

Commerce and Trade — Source: USLM XML via OLRC

(a)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) violated 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 justice, recover the costs of suit, including reasonable 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 employee thereof in his official capacity.
(b)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 entitled 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 adjudged 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)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 Federal or State law.

Legislative History

Notes & Related Subsidiaries

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 provision subjecting actions under this section to section 1331 of title 28 as to the amount in controversy and inserted proviso establishing minimum amount in controversy 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 provision which permitted the court to award costs in its discretion.

Statutory Notes and Related Subsidiaries

Effective Date

of 1981 AmendmentAmendment 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; ApplicabilityFor

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 section 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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2072

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73