Title 15, Commerce and TradeRelease 119-110

§6611 Damages in Tort Claims

Title 15 › CHAPTER 92 — YEAR 2000 COMPUTER DATE CHANGE › § 6611

Last updated Sep 22, 2026|Official source

Summary

People who sue over a Y2K-related wrongful act usually cannot get money for economic losses unless one of two things is true: the contract they have with the other party says they can recover those losses, or the losses come directly from physical damage to real or personal property caused by the Y2K failure (but not if the damaged property is what the parties contracted about, and if there is no contract, not if only the item that failed was harmed). Claims of intentional wrongdoing that do not come from a contract are not limited by this rule. "Economic loss" here means things like lost profits, business interruption, indirect losses, losses from third-party claims, special damages, and consequential damages under commercial law. If someone pays damages in a case that this chapter does not cover because of section 6603(c), and those payments are due to a Y2K failure, that person may still seek recovery from the party responsible for the Y2K failure under federal or state law.

Full Legal Text

Title 15, §6611

Commerce and Trade, Source: USLM XML via OLRC

(a)In general

A party to a Y2K action making a tort claim, other than a claim of intentional tort arising independent of a contract, may not recover damages for economic loss unless—

(1)the recovery of such losses is provided for in a contract to which the party seeking to recover such losses is a party; or

(2)such losses result directly from damage to tangible personal or real property caused by the Y2K failure involved in the action (other than damage to property that is the subject of the contract between the parties to the Y2K action or, in the event there is no contract between the parties, other than damage caused only to the property that experienced the Y2K failure),

and such damages are permitted under applicable Federal or State law.

(b)Economic loss

For purposes of this section only, and except as otherwise specifically provided in a valid and enforceable written contract between the plaintiff and the defendant in a Y2K action, the term “economic loss” means amounts awarded to compensate an injured party for any loss, and includes amounts awarded for damages such as—

(1)lost profits or sales;

(2)business interruption;

(3)losses indirectly suffered as a result of the defendant’s wrongful act or omission;

(4)losses that arise because of the claims of third parties;

(5)losses that must be pled as special damages; and

(6)consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law).

(c)Certain other actions

A person liable for damages, whether by settlement or judgment, in a civil action to which this chapter does not apply because of section 6603(c) of this title whose liability, in whole or in part, is the result of a Y2K failure may, notwithstanding any other provision of this chapter, pursue any remedy otherwise available under Federal or State law against the person responsible for that Y2K failure to the extent of recovering the amount of those damages.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6611

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110