§32710 — Title 49 Transportation | U.S. Code

Summary

If someone breaks these rules or an order under them and meant to cheat, they must pay three times the actual harm or $10,000, whichever is larger. A person can sue in federal court or another court that can hear the case. The lawsuit must be filed within 2 years after the claim starts. If the court rules for the person, the court must award their court costs and a reasonable lawyer’s fee.

Title 49, §32710

Transportation — Source: USLM XML via OLRC

(a)A person that violates this chapter or a regulation prescribed or order issued under this chapter, with intent to defraud, is liable for 3 times the actual damages or $10,000, whichever is greater.

(b)A person may bring a civil action to enforce a claim under this section in an appropriate United States district court or in another court of competent jurisdiction. The action must be brought not later than 2 years after the claim accrues. The court shall award costs and a reasonable attorney’s fee to the person when a judgment is entered for that person.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 32710(a)15:1989(a)(1).Oct. 20, 1972, Pub. L. 92–513, § 409, 86 Stat. 963. 32710(b)15:1989(a)(2), (b). In subsection (a), the words “this chapter or a regulation prescribed or order issued under this chapter” are substituted for “requirement imposed under this subchapter” for consistency. In subsection (b), the words “A person may bring a civil action to enforce a claim” are substituted for “An action to enforce any liability created . . . may be brought” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word “appropriate” is added for clarity. The words “without regard to the amount in controversy” are omitted because jurisdiction is now allowed under 28:1331 without regard to the amount in controversy. The words “after the claim accrues” are substituted for “from the date on which the liability arises” to eliminate unnecessary words. The words “The court shall award . . . to the person when a judgment is entered for that person” are substituted for “in the case of any successful action to enforce the foregoing liability . . . as determined by the court” for clarity.

Editorial Notes

Amendments

2012—Subsec. (a). Pub. L. 112–141 substituted “$10,000” for “$1,500”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§32710 Civil Actions by Private Persons