§6606 Prelitigation Notice

Summary

Before starting a Y2K lawsuit that seeks money, the person who plans to sue must send a written notice by certified mail (with return receipt or other proof it was sent) to each person or company they might sue. The notice must explain in detail the defect they say caused harm, the harm or loss they suffered, what fix or relief they want and the legal reason for it, and give the name, job title, address, and phone number of someone who can negotiate a settlement. The notice must be sent to the defendant’s registered agent, or if there is none, to the CEO, managing partner, proprietor, or similar leader, or to a person the defendant has listed on a Year 2000 Internet site if the plaintiff can reasonably use the Internet. Within 30 days after the defendant gets the notice, the defendant must mail back a written acknowledgement by certified mail with return receipt and say what it has done or will do about the problem and whether it will try alternative dispute resolution (ADR). That reply cannot be used in court as proof of fault or amount. A notice is assumed received 7 days after it was sent. If the defendant does not reply in 30 days or does not say what it will do, the plaintiff may sue right away. If the defendant does propose a fix or ADR, the plaintiff must wait an extra 60 days after the 30-day reply period before suing. The parties can extend the 60 days by written agreement, but normally a defendant gets only one 30-day period and one 60-day remediation period. Time limits for suing are paused during the notice and remediation periods. If a plaintiff files suit without giving notice or waiting, a defendant can tell the court to treat the complaint as the notice and the court must pause discovery and other proceedings and toll filing deadlines for the appropriate period. If a contract or a law made before January 1, 1999, already requires a notice period, that old period controls. State rules about using ADR and rules allowing emergency court remedies are not changed. For class actions, only the named plaintiffs must follow these notice and waiting rules.