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Title 47 — Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§415 Limitations of Actions

Title 47 › Chapter 5— WIRE OR RADIO COMMUNICATION › Subchapter IV— PROCEDURAL AND ADMINISTRATIVE PROVISIONS › § 415

Last updated Apr 5, 2026|Official source

Summary

Claims against carriers must be started or filed within set time limits. Lawsuits to recover lawful charges must begin within two years from when the claim arises. Complaints to the Commission for damages (not overcharges) must be filed within two years. Overcharge claims must be sued or filed with the Commission within two years, but if you put a written overcharge claim to the carrier within that two-year period, you then have two years from the carrier’s written denial to start your case. If the carrier sues for the same service or actually collects the charge before the deadline ends, you get 90 days from that action or collection to file. For a transmitted message, the clock starts when the carrier delivers or offers delivery of the message. A petition to enforce a Commission order for payment must be filed in a district or state court within one year of the order. Overcharges means charges higher than the carrier’s lawfully filed rate schedule.

Full Legal Text

Title 47, §415

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.
(b)All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section.
(c)For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include two years from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.
(d)If on or before expiration of the period of limitation in subsection (b) or (c) a carrier begins action under subsection (a) for recovery of lawful charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.
(e)The cause of action in respect of the transmission of a message shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.
(f)A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.
(g)The term “overcharges” as used in this section shall be deemed to mean charges for services in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1974—Subsecs. (a) to (c). Pub. L. 93–507 amended subsecs. (a) to (c) generally, substituting reference to two years for reference to one year wherever appearing.

Reference

Citations & Metadata

Citation

47 U.S.C. § 415

Title 47 — Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60