§ 2072. — Suits for damages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2072]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2072. Suits for damages
(a) Persons injured; costs; amount in controversy
Any person who shall sustain injury by reason of any knowing
(including willful) violation of a consumer product safety rule, or any
other rule or order issued by the Commission may sue any person who
knowingly (including willfully) violated any such rule or order in any
district court of the United States in the district in which the
defendant resides or is found or has an agent, shall recover damages
sustained and may, if the court determines it to be in the interest of
justice, recover the costs of suit, including reasonable attorneys' fees
(determined in accordance with section 2060(f) of this title) and
reasonable expert witnesses' fees: Provided, That the matter in
controversy exceeds the sum or value of $10,000, exclusive of interest
and cost, unless such action is brought against the United States, any
agency thereof, or any officer or employee thereof in his official
capacity.
(b) Denial and imposition of costs
Except when express provision is made in a statute of the United
States, in any case in which the plaintiff is finally adjudged to be
entitled to recover less than the sum or value of $10,000, computed
without regard to any setoff or counterclaim to which the defendant may
be adjudged to be entitled, and exclusive of interests and costs, the
district court may deny costs to the plaintiff and, in addition, may
impose costs on the plaintiff.
(c) Remedies available
The remedies provided for in this section shall be in addition to
and not in lieu of any other remedies provided by common law or under
Federal or State law.
(Pub. L. 92-573, Sec. 23, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94-284,
Sec. 10(c), May 11, 1976, 90 Stat. 507; Pub. L. 96-486, Sec. 3, Dec. 1,
1980, 94 Stat. 2369; Pub. L. 97-35, title XII, Sec. 1211(h)(3)(B), Aug.
13, 1981, 95 Stat. 723.)
Amendments
1981--Subsec. (a). Pub. L. 97-35 substituted ``section 2060(f) of
this title'' for ``section 2059(e)(4) of this title''.
1980--Subsec. (a). Pub. L. 96-486, Sec. 3(a), struck out provision
subjecting actions under this section to section 1331 of title 28 as to
the amount in controversy and inserted proviso establishing minimum
amount in controversy and excepting actions brought against the United
States, or agencies, officers, or employees thereof.
Subsecs. (b), (c). Pub. L. 96-486, Sec. 3(b), added subsec. (b) and
redesignated former subsec. (b) as (c).
1976--Subsec. (a). Pub. L. 94-284 substituted ``shall'' for ``and
shall'' and provision permitting the court to award costs in the
interest of justice for a prior provision which permitted the court to
award costs in its discretion.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1215
of Pub. L. 97-35, set out as a note under section 2052 of this title.
Effective Date of 1980 Amendment; Applicability
For effective date and applicability of amendment by Pub. L. 96-486,
see section 4 of Pub. L. 96-486, set out as an Effective Date of 1980
Amendment note under section 1331 of Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in section 2060 of this title.
