PRIA, Government Policy, Made Personal

Summary

The Federal Maritime Commission must order payment to a complainant who filed within the time allowed by section 41301(a) for any actual injury caused by a violation of this part. Actual injury includes lost interest calculated at commercial rates, compounded from the date of the injury. The Commission may add extra amounts for certain prohibited acts, but total recovery cannot be more than twice the actual injury. If the harm came from a forbidden rate practice, the injury is the difference between what the injured shipper paid and the most favorable rate another shipper paid. The winning party in a case under section 41301 may be awarded reasonable attorney fees.

Title 46, §41305

Shipping, Source: USLM XML via OLRC

(a)Definition.—

In this section, the term “actual injury” includes the loss of interest at commercial rates compounded from the date of injury.

(b)Basic Amount.—

If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.

(c)Additional Amounts.—

On a showing that the injury was caused by an activity prohibited by subsection (b) or (c) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.

(d)Difference Between Rates.—

If the injury was caused by an activity prohibited by subparagraph (A) or (B) of section 41104(a)(4), the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.

(e)Attorney Fees.—

In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4130546 App.:1710(g) (less time limit).Pub. L. 98–237, § 11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, § 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, § 110, Oct. 14, 1998, 112 Stat. 1911. In subsection (b), the words “within the period specified in section 41301(a) of this title” are substituted for “within 3 years after the cause of action accrued” because the time limit is restated in section 41301(a) instead of in this section. The words “upon petition of the complainant” are omitted as unnecessary. The words “after notice and hearing” are omitted as unnecessary because of section 41304(a) of the revised title.

Editorial Notes

Amendments

2024—Subsec. (c). Pub. L. 118–159 substituted “subsection” for “section subsection”. 2022—Subsec. (c). Pub. L. 117–146, § 15(c)(1), substituted “paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105” for “41104(3) or (6), or 41105(1) or (3) of this title”. Pub. L. 117–146, § 12, substituted “subsection (b) or (c) of section 41102” for “41102(b)”. Subsec. (d). Pub. L. 117–146, § 15(c)(2), substituted “subparagraph (A) or (B) of section 41104(a)(4)” for “section 41104(4)(A) or (B) of this title”. 2014—Subsec. (b). Pub. L. 113–281, § 402(1), struck out “, plus reasonable attorney fees” before period at end. Subsec. (e). Pub. L. 113–281, § 402(2), added subsec. (e).

§41305 Award of Reparations