§2073 Additional enforcement of product safety rules and section 2064 orders

Summary

Any person or group — like an individual, nonprofit, or business — can go to a U.S. district court where the defendant is located or does business to enforce a consumer product safety rule or an order under section 2064 and ask for a court order to stop the harm. Before suing, that person must mail a notice at least 30 days ahead by registered mail to the Commission, the Attorney General, and the defendant. The notice must say what rule or order was broken, what relief is wanted, and which court will be used. No private suit can start if the same alleged violation is already the subject of a pending civil or criminal action by the United States under this chapter. The court may order the losing side to pay court costs, reasonable lawyers’ fees (under section 2060(f)), and reasonable expert witness fees. A State attorney general or other authorized State officer may sue for certain violations listed in section 2068(a) on behalf of the State’s residents in the same kind of court. The State must give the Commission written notice at least 30 days before filing, except the State may file sooner if the Commission agrees or immediately if the State says immediate action is needed to protect residents from a “substantial product hazard” (see section 2064(a)). The Commission can join the case, be heard, and appeal. States keep their full powers under state law, and private lawyers helping a State may not share or use the State’s privileged or work-product information in other private suits about the same facts.