Title 15 — Commerce and TradeRelease 119-73
§6608 Duty to mitigate
Title 15 › Chapter CHAPTER 92— - YEAR 2000 COMPUTER DATE CHANGE › § 6608
Summary
A Y2K damage award must leave out losses the person suing could reasonably have avoided after learning about the problem or how to fix it. That includes warnings or fix instructions the company being sued gave to buyers or users. This rule is in addition to any state law duty to reduce losses. The rule does not apply if the company knowingly made an important false statement about the device’s or system’s Y2K risk and the person suing reasonably relied on that false statement.
Full Legal Text
Title 15, §6608
Commerce and Trade — Source: USLM XML via OLRC
(a)Damages awarded in any Y2K action shall exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant’s product or services concerning means of remedying or avoiding the Y2K failure involved in the action.
(b)The duty imposed by this section is in addition to any duty to mitigate imposed by State law.
(c)Subsection (a) does not apply to damages suffered by reason of the plaintiff’s justifiable reliance upon an affirmative material misrepresentation by the defendant, made by the defendant with actual knowledge of its falsity, concerning the potential for Y2K failure of the device or system used or sold by the defendant that experienced the Y2K failure alleged to have caused the plaintiff’s harm.
Reference
Citations & Metadata
Citation
15 U.S.C. § 6608
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73