§415 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Lawsuits and complaints about carrier charges must be started quickly. A carrier’s lawsuit to get lawful charges must begin within two years after the claim arises. Complaints to the Commission for damages not about overcharges must be filed within two years. Overcharge claims (lawsuit or Commission complaint) must also start within two years, but if you put your overcharge claim in writing to the carrier within that two years, the time is extended to two years after the carrier gives written notice that it denied the claim. If the carrier sues to collect the same charge or actually collects it before the deadline, you get 90 more days to respond. A claim about a message starts when the carrier delivers or offers to deliver it. To enforce a Commission order to pay money, you must file in the district court or a State court within one year of the order. “Overcharges” means charges higher than the rates the carrier has legally filed with the Commission.

Title 47, §415

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

(b)All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section.

(c)For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include two years from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

(d)If on or before expiration of the period of limitation in subsection (b) or (c) a carrier begins action under subsection (a) for recovery of lawful charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.

(e)The cause of action in respect of the transmission of a message shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.

(f)A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.

(g)The term “overcharges” as used in this section shall be deemed to mean charges for services in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission.

Editorial Notes

Amendments

1974—Subsecs. (a) to (c). Pub. L. 93–507 amended subsecs. (a) to (c) generally, substituting reference to two years for reference to one year wherever appearing.

§415 Limitations of actions

Summary

Title 47, §415

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata