2015 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle VI - Motor Vehicle and Driver Programs (Sections 30101 - 33118)
Part C - Information, Standards, and Requirements (Sections 32101 - 33118)
Chapter 327 - Odometers (Sections 32701 - 32711)
Sec. 32710 - Civil actions by private persons
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 49 - TRANSPORTATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 49 - TRANSPORTATION SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS PART C - INFORMATION, STANDARDS, AND REQUIREMENTS CHAPTER 327 - ODOMETERS Sec. 32710 - Civil actions by private persons |
| Contains | section 32710 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1055; Pub. L. 112-141, div. C, title I, §31206(2), July 6, 2012, 126 Stat. 761. |
| Statutes at Large References | 86 Stat. 963 108 Stat. 1055 126 Stat. 761 |
| Public and Private Laws | Public Law 92-513, Public Law 103-272, Public Law 112-141 |
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(a) Violation and Amount of Damages.—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) Civil Actions.—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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1055; Pub. L. 112–141, div. C, title I, §31206(2), July 6, 2012, 126 Stat. 761.)
| Revised Section | Source (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.
AMENDMENTS2012—Subsec. (a). Pub. L. 112–141 substituted "$10,000" for "$1,500".
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.
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