15 U.S.C. § 6606 : US Code - Section 6606: Prelitigation notice

Search 15 U.S.C. § 6606 : US Code - Section 6606: Prelitigation notice

(a) In general
Before commencing a Y2K action, except an action that seeks only
injunctive relief, a prospective plaintiff in a Y2K action shall
send a written notice by certified mail (with either return receipt
requested or other means of verification that the notice was sent)
to each prospective defendant in that action. The notice shall
provide specific and detailed information about -
(1) the manifestations of any material defect alleged to have
caused harm or loss;
(2) the harm or loss allegedly suffered by the prospective
plaintiff;
(3) how the prospective plaintiff would like the prospective
defendant to remedy the problem;
(4) the basis upon which the prospective plaintiff seeks that
remedy; and
(5) the name, title, address, and telephone number of any
individual who has authority to negotiate a resolution of the
dispute on behalf of the prospective plaintiff.
(b) Person to whom notice to be sent
The notice required by subsection (a) of this section shall be
sent -
(1) to the registered agent of the prospective defendant for
service of legal process;
(2) if the prospective defendant does not have a registered
agent, then to the chief executive officer if the prospective
defendant is a corporation, to the managing partner if the
prospective defendant is a partnership, to the proprietor if the
prospective defendant is a sole proprietorship, or to a similarly-
situated person if the prospective defendant is any other
enterprise; or
(3) if the prospective defendant has designated a person to
receive prelitigation notices on a Year 2000 Internet Website (as
defined in section 3(7) of the Year 2000 Information and
Readiness Disclosure Act), to the designated person, if the
prospective plaintiff has reasonable access to the Internet.
(c) Response to notice
(1) In general
Within 30 days after receipt of the notice specified in
subsection (a) of this section, each prospective defendant shall
send by certified mail with return receipt requested to each
prospective plaintiff a written statement acknowledging receipt
of the notice, and describing the actions it has taken or will
take to address the problem identified by the prospective
plaintiff.
(2) Willingness to engage in ADR
The written statement shall state whether the prospective
defendant is willing to engage in alternative dispute resolution.
(3) Inadmissibility
A written statement required by this subsection is not
admissible in evidence, under Rule 408 of the Federal Rules of
Evidence or any analogous rule of evidence in any State, in any
proceeding to prove liability for, or the invalidity of, a claim
or its amount, or otherwise as evidence of conduct or statements
made in compromise negotiations.
(4) Presumptive time of receipt
For purposes of paragraph (1), a notice under subsection (a) of
this section is presumed to be received 7 days after it was sent.
(5) Priority
A prospective defendant receiving more than one notice under
this section may give priority to notices with respect to a
product or service that involves a health or safety related Y2K
failure.
(d) Failure to respond
If a prospective defendant -
(1) fails to respond to a notice provided pursuant to
subsection (a) of this section within the 30 days specified in
subsection (c)(1) of this section; or
(2) does not describe the action, if any, the prospective
defendant has taken, or will take, to address the problem
identified by the prospective plaintiff,
the prospective plaintiff may immediately commence a legal action
against that prospective defendant.
(e) Remediation period
(1) In general
If the prospective defendant responds and proposes remedial
action it will take, or offers to engage in alternative dispute
resolution, then the prospective plaintiff shall allow the
prospective defendant an additional 60 days from the end of the
30-day notice period to complete the proposed remedial action or
alternative dispute resolution before commencing a legal action
against that prospective defendant.
(2) Extension by agreement
The prospective plaintiff and prospective defendant may change
the length of the 60-day remediation period by written agreement.
(3) Multiple extensions not allowed
Except as provided in paragraph (2), a defendant in a Y2K
action is entitled to no more than one 30-day period and one 60-
day remediation period under paragraph (1).
(4) Statutes of limitation, etc., tolled
Any applicable statute of limitations or doctrine of laches in
a Y2K action to which paragraph (1) applies shall be tolled
during the notice and remediation period under that paragraph.
(f) Failure to provide notice
If a defendant determines that a plaintiff has filed a Y2K action
without providing the notice specified in subsection (a) of this
section or without awaiting the expiration of the appropriate
waiting period specified in subsection (c) of this section, the
defendant may treat the plaintiff's complaint as such a notice by
so informing the court and the plaintiff in its initial response to
the plaintiff. If any defendant elects to treat the complaint as
such a notice -
(1) the court shall stay all discovery and all other
proceedings in the action for the appropriate period after filing
of the complaint; and
(2) the time for filing answers and all other pleadings shall
be tolled during the appropriate period.
(g) Effect of contractual or statutory waiting periods
In cases in which a contract, or a statute enacted before January
1, 1999, requires notice of nonperformance and provides for a
period of delay prior to the initiation of suit for breach or
repudiation of contract, the period of delay provided by contract
or the statute is controlling over the waiting period specified in
subsections (c) and (d) of this section.
(h) State law controls alternative methods
Nothing in this section supersedes or otherwise preempts any
State law or rule of civil procedure with respect to the use of
alternative dispute resolution for Y2K actions.
(i) Provisional remedies unaffected
Nothing in this section interferes with the right of a litigant
to provisional remedies otherwise available under Rule 65 of the
Federal Rules of Civil Procedure or any State rule of civil
procedure providing extraordinary or provisional remedies in any
civil action in which the underlying complaint seeks both
injunctive and monetary relief.
(j) Special rule for class actions
For the purpose of applying this section to a Y2K action that is
maintained as a class action in Federal or State court, the
requirements of the preceding subsections of this section apply
only to named plaintiffs in the class action.