§ 2073. — Private enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2073]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2073. Private enforcement
Any interested person (including any individual or nonprofit,
business, or other entity) may bring an action in any United States
district court for the district in which the defendant is found or
transacts business to enforce a consumer product safety rule or an order
under section 2064 of this title, and to obtain appropriate injunctive
relief. Not less than thirty days prior to the commencement of such
action, such interested persons shall give notice by registered mail to
the Commission, to the Attorney General, and to the person against whom
such action is directed. Such notice shall state the nature of the
alleged violation of any such standard or order, the relief to be
requested, and the court in which the action will be brought. No
separate suit shall be brought under this section if at the time the
suit is brought the same alleged violation is the subject of a pending
civil or criminal action by the United States under this chapter. In any
action under this section the court may in the interest of justice award
the costs of suit, including reasonable attorneys' fees (determined in
accordance with section 2060(f) of this title) and reasonable expert
witnesses' fees.
(Pub. L. 92-573, Sec. 24, Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94-284,
Sec. 10(d), May 11, 1976, 90 Stat. 507; Pub. L. 97-35, title XII,
Sec. 1211(a), (h)(3)(C), Aug. 13, 1981, 95 Stat. 721, 723.)
Amendments
1981--Pub. L. 97-35 substituted ``Any interested person (including
any individual or nonprofit, business, or other entity)'' for ``Any
interested person'', and ``section 2060(f) of this title'' for
``2059(e)(4) of this title''.
1976--Pub. L. 94-284 substituted provision permitting the court to
award costs in the interest of justice for the provision which permitted
costs to be demanded as part of the complaint and the court to award
them to the prevailing party.
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.
Section Referred to in Other Sections
This section is referred to in sections 1194, 1264, 2060 of this
title.
