47 U.S.C. § 415 : US Code - Section 415: Limitations of actions

Search 47 U.S.C. § 415 : US Code - Section 415: Limitations of actions

(a) Recovery of charges by carrier
All actions at law by carriers for recovery of their lawful
charges, or any part thereof, shall be begun within two years from
the time the cause of action accrues, and not after.
(b) Recovery of damages
All complaints against carriers for the recovery of damages not
based on overcharges shall be filed with the Commission within two
years from the time the cause of action accrues, and not after,
subject to subsection (d) of this section.
(c) Recovery of overcharges
For recovery of overcharges action at law shall be begun or
complaint filed with the Commission against carriers within two
years from the time the cause of action accrues, and not after,
subject to subsection (d) of this section, except that if claim for
the overcharge has been presented in writing to the carrier within
the two-year period of limitation said period shall be extended to
include two years from the time notice in writing is given by the
carrier to the claimant of disallowance of the claim, or any part
or parts thereof, specified in the notice.
(d) Extension
If on or before expiration of the period of limitation in
subsection (b) or (c) of this section a carrier begins action under
subsection (a) of this section for recovery of lawful charges in
respect of the same service, or, without beginning action, collects
charges in respect of that service, said period of limitation shall
be extended to include ninety days from the time such action is
begun or such charges are collected by the carrier.
(e) Accrual of cause of action for transmission of message
The cause of action in respect of the transmission of a message
shall, for the purposes of this section, be deemed to accrue upon
delivery or tender of delivery thereof by the carrier, and not
after.
(f) Enforcement petition
A petition for the enforcement of an order of the Commission for
the payment of money shall be filed in the district court or the
State court within one year from the date of the order, and not
after.
(g) "Overcharges" defined
The term "overcharges" as used in this section shall be deemed to
mean charges for services in excess of those applicable thereto
under the schedules of charges lawfully on file with the
Commission.
« Prev
Exclusiveness of chapter
Up
Procedural and administrative provisions
Next »
Orders of Commission

FindLaw Career Center