§2073 — Title 15 Commerce and Trade | U.S. Code

Summary

People and groups (including individuals, nonprofits, and businesses) can sue in federal court to enforce a consumer product safety rule or an order under section 2064 and to ask the court to order the company to stop breaking the rule. The person suing must send a written notice by registered mail at least 30 days before suing to the Consumer Product Safety Commission, the U.S. Attorney General, and the company. The notice must say what rule was broken, what fix is asked for, and which court will be used. No private suit can go forward if the United States already has a civil or criminal case about the same alleged violation. If the court finds for the plaintiff, it may order the losing side to pay court costs, including reasonable lawyer and expert witness fees (as set in section 2060(f)). A State attorney general or other authorized state officer can sue in federal court for certain violations listed in section 2068(a) (specifically paragraphs (1), (2), (5), (6), (7), (9), or (12)) on behalf of the State’s residents. The State must give the Commission written notice at least 30 days before filing, but can file sooner if the Commission agrees or immediately if the State decides urgent action is needed to protect people from a substantial product hazard. The notice may be emailed or faxed, and the State must give the Commission a copy of the complaint when filed. The Commission can join the case and appeal. State officials keep their usual state powers, and private lawyers who help the State may not share or use privileged or work-product materials from the State case in other private suits about the same facts.

Title 15, §2073

Commerce and Trade — Source: USLM XML via OLRC

(a)Any interested person (including any individual or nonprofit, business, or other entity) may bring an action in any United States district court for the district in which the defendant is found or transacts business to enforce a consumer product safety rule or an order under section 2064 of this title, and to obtain appropriate injunctive relief. Not less than thirty days prior to the commencement of such action, such interested person shall give notice by registered mail to the Commission, to the Attorney General, and to the person against whom such action is directed. Such notice shall state the nature of the alleged violation of any such standard or order, the relief to be requested, and the court in which the action will be brought. No separate suit shall be brought under this section if at the time the suit is brought the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter. In any action under this section the court may in the interest of justice award the costs of suit, including reasonable attorneys’ fees (determined in accordance with section 2060(f) of this title) and reasonable expert witnesses’ fees.

(b)(1)Except as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of section 2068(a)(1), (2), (5), (6), (7), (9), or (12) of this title that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive relief.

(2)(A)A State shall provide written notice to the Commission regarding any civil action under paragraph (1). Except when proceeding under subparagraph (C), the State shall provide the notice at least 30 days before the date on which the State intends to initiate the civil action by filing a complaint.

(B)A State may initiate the civil action by filing a complaint—

(i)at any time after the date on which the 30-day period ends; or

(ii)earlier than such date if the Commission consents to an earlier initiation of the civil action by the State.

(C)Notwithstanding subparagraph (B), a State may initiate a civil action under paragraph (1) by filing a complaint immediately after notifying the Commission of the State’s determination that such immediate action is necessary to protect the residents of the State from a substantial product hazard (as defined in section 2064(a) of this title).

(D)The written notice required by this paragraph may be provided by electronic mail, facsimile machine, or any other means of communication accepted by the Commission.

(E)A State shall provide a copy of the complaint to the Commission upon filing the complaint or as soon as possible thereafter.

(3)The Commission may intervene in such civil action and upon intervening—

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

(B)file petitions for appeal of a decision in such civil action.

(4)Nothing in this section, section 1264(d) of this title, section 1477 of this title, or section 1194(a) of this title shall be construed—

(A)to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or

(B)to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.

(5)No separate suit shall be brought under this subsection (other than a suit alleging a violation of paragraph (1) or (2) of section 2068(a) of this title) if, at the time the suit is brought, the same alleged violation is the subject of a pending civil or criminal action by the United States under this chapter.

(6)If private counsel is retained to assist in any civil action under paragraph (1), the private counsel retained to assist the State may not—

(A)share with participants in other private civil actions that arise out of the same operative facts any information that is—

(i)subject to attorney-client or work product privilege; and

(ii)was obtained during discovery in the action under paragraph (1); or

(B)use any information that is subject to attorney-client or work product privilege that was obtained while assisting the State in the action under paragraph (1) in any other private civil actions that arise out of the same operative facts.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Pub. L. 110–314 substituted “Additional” for “Private” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b). 1981—Pub. L. 97–35 substituted “Any interested person (including any individual or nonprofit, business, or other entity)” for “Any interested person”, and “section 2060(f) of this title” for “2059(e)(4) of this title”. 1976—Pub. L. 94–284 substituted provision permitting the court to award costs in the interest of justice for the provision which permitted costs to be demanded as part of the complaint and the court to award them to the prevailing party.

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

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.

§2073 Additional Enforcement of Product Safety Rules and Section 2064 Orders

Summary

Title 15, §2073

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata