§14711 — Title 49 Transportation | U.S. Code

Summary

A State attorney general can sue in federal court for residents to enforce consumer protections or get civil penalties tied to the moving and delivery of household goods by certain carriers or brokers. Before filing, the State must send a written notice and a copy of the complaint to the Secretary or the Board. The Secretary or Board must review the planned suit if the carrier or broker is not registered, has insurance filing or licensing problems, has a conditional or poor safety rating, or has been licensed less than 5 years. The Secretary can also review the suit if the carrier fails other standards the Secretary sets, and must tell the Senate Commerce Committee and the House Transportation and Infrastructure Committee about any such standards. If the Secretary or Board takes no action within 60 calendar days after getting the notice, they are treated as consenting to the suit. After notice, the Secretary or Board may join the State’s case, speak in court, and appeal rulings. The State may not use this to start a class action, but the attorney general keeps normal state investigation powers. The case must be filed in a federal district where the carrier operates, was authorized when the complaint arose, or where the defendant is found. Process can be served across district or state lines, and people who helped the carrier can be added to the case regardless of where they live. This does not stop a State from bringing criminal charges in its own courts.

Title 49, §14711

Transportation — Source: USLM XML via OLRC

(a)A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the consumer protection provisions of this title that apply to individual shippers, as determined by the Secretary, and are related to the delivery and transportation of household goods by a household goods motor carrier subject to jurisdiction under subchapter I of chapter 135 or regulations or orders of the Secretary or the Board issued under such provisions or to impose the civil penalties authorized by this part or such regulations or orders, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a carrier or broker providing transportation subject to jurisdiction under subchapter I or III of chapter 135 or a foreign motor carrier providing transportation that is registered under section 13902 and is engaged in household goods transportation that violates this part or a regulation or order of the Secretary or Board, as applicable, issued under this part.

(b)(1)The State shall serve written notice to the Secretary or the Board, as the case may be, of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action.

(2)The Secretary or the Board—

(A)shall review the initiation of a civil action under this section by a State if—

(i)the carrier or broker that is the subject of the action is not registered with the Department of Transportation;

(ii)the license of the carrier or broker for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department;

(iii)the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department; or

(iv)the carrier or broker has been licensed with the Department for less than 5 years; and

(B)may review if the carrier or broker fails to meet criteria developed by the Secretary that are consistent with this section.

(3)The Secretary shall notify the Committee on Commerce, Science, and Transportation, of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of any criteria developed by the Secretary under paragraph (2)(B).

(4)The Secretary or the Board shall be considered to have consented to any civil action of a State under this section if the Secretary or the Board has taken no action with respect to the notice within 60 calendar days after the date on which the Secretary or the Board received notice under paragraph (1).

(c)Upon receiving the notice required by subsection (b), the Secretary or board may intervene in a civil action of a State under this section and upon intervening—

(1)be heard on all matters arising in such civil action; and

(2)file petitions for appeal of a decision in such civil actions.

(d)For purposes of bringing any civil action under subsection (a), nothing in this section shall—

(1)convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or

(2)prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.

(e)In a civil action brought under subsection (a)—

(1)the venue shall be a Federal judicial district in which—

(A)the carrier, foreign motor carrier, or broker operates;

(B)the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or

(C)where the defendant in the civil action is found;

(2)process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and

(3)a person who participated with a carrier or broker in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.

(f)Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a criminal statute of such State.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Subsec. (b)(1). Pub. L. 109–115, § 173(c), (e), temporarily inserted at end “The State may initiate a civil action under subsection (a) if it is reviewable under subsection (b)(2).” See Termination Date of 2005 Amendment note below. Subsec. (b)(4). Pub. L. 109–115, § 173(d), (e), temporarily inserted “that is subject to review under subsection (b)(2)” before “if the Secretary”. See Termination Date of 2005 Amendment note below.

Statutory Notes and Related Subsidiaries

Termination Date of 2005 AmendmentAmendment by Pub. L. 109–115 to cease to be in effect after Sept. 30, 2006, see section 173(e) of Pub. L. 109–115, set out as a note under section 14710 of this title. Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

§14711 Enforcement by State attorneys general