vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure. (Pub. L. 93-637, title I, § 109, Jan. 4, 1975, 88 Stat. 2189.) EFFECTIVE DATE Section effective six months after Jan. 4, 1975, but inapplicable to consumer products manufactured prior to such date, see section 2312 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2311 of this title. § 2310. Remedies in consumer disputes. (a) Informal dispute settlement procedures; establishment; rules setting forth minimum requirements; effect of compliance by warrantor; review of informal procedures or implementation by Commission; application to existing informal procedures. (1) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. (2) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of his chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities. (3) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission's rules under paragraph (2). If— (A) a warrantor establishes such a procedure, (B) such procedure, and its implementation, meets the requirements of such rules, and (C) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then (i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and (ii) a class of consumers may not proceed in a class action under subsection (d) of this section except to the extent the court determines necesary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence. (4) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law. (5) Until rules under paragraph (2) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection (d) of this section, the court may invalidate any such procedure if it finds that such procedure is unfair. (b) Prohibited acts. It shall be a violation of section 45(a) (1) of this title for any person to fail to comply with any requirement imposed on such person by this chapter (or a rule thereunder) or to violate any prohibition contained in this chapter (or a rule thereunder). (c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions. (1) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive waranty with respect to a consumer product, or (B) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commission's or Attorney General's likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district. (2) For the purposes of this subsection, the term "deceptive warranty" means (A) a written warranty which (i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or (B) a written warranty created by the use of such terms as "guaranty" or "warranty", if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual. (d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims. (1) Subject to subsections (a) (3) and (e) of this section, a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief (A) in any court of competent jurisdiction in any State or the District of Columbia; or (B) in an appropriate district court of the United States, subject to paragraph (3) of this subsection. (2) If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys' fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys' fees would be inappropriate. (3) No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection (A) if the amount in controversy of any individual claim is less than the sum or value of $25; (B) if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or (C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred. (e) Class actions; conditions; procedures applicable. No action (other than a class action or an action respecting a warranty to which subsection (a) (3) of this section applies) may be brought under subsection (d) of this section for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a waranty to which subsection (a) (3) of this section applies) brought under subsection (d) of this section for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. (f) Warrantors subject to enforcement of remedies. For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person. (Pub. L. 93-637, title I, § 110, Jan. 4, 1975, 88 Stat. 2189.) EFFECTIVE DATE Section effective six months after Jan. 4, 1975, but inapplicable to consumer products manufactured prior to such date, see section 2312 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2304 of this title. § 2311. Applicability of provisions to other Federal or State laws and requirements. (a) (1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act or any statute defined therein as an Antitrust Act. (2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act and nothing in this chapter shall apply to seed for planting. (b) (1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law. (2) Nothing in this chapter (other than sections 2308 and 2304 (a) (2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury. (c) (1) Except as provided in subsection (b) of this section and in paragraph (2) of this subsection, a State requirement (A) which relates to labeling or disclosure with respect to written warranties or performance thereunder; (B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and (C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule thereunder), shall not be applicable to written warranties complying with such sections (or rules thereunder). (2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 2309 of this title) that any requirement of such State covering any transaction to which this chapter applies (A) affords protection to consumers greater than the requirements of this chapter and (B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement. (d) This chapter (other than section 2302(c) of this title) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this chapter. (Pub. L. 93-637, title I, § 111, Jan. 4, 1975, 88 Stat. 2192.) REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (a) (1), is classified to section 41 et seq. of this title. The Antitrust Acts, referred to in subsec. (a) (1) are classified generally to this title. The Federal Seed Act, referred to in subsec. (a) (2), is classified to section 1551 et seq. of Title 7, Agriculture. EFFECTIVE DATE Section effective six months after Jan, 4, 1975, but inapplicable to consumer products manufactured prior to such date, see section 2312 of this title. § 2312. Effective dates; time for promulgation of rules by Commission. (a) Except as provided in subsection (b) of this section, this chapter shall take effect 6 months after January 4, 1975, but shall not apply to consumer products manufactured prior to such date. (b) Section 2302(a) of this title shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this chapter. (c) The Commission shall promulgate rules for initial implementation of this chapter as soon as possible after January 4, 1975, but in no event later than one year after such date. (Pub. L. 93-637, title I, § 112, Jan. 4, 1975, 88 Stat. 2192.) 37. Youth Conservation Corps [New]. 1701 (b) Abolition of Grand Canyon and Marble Canyon National Monuments. (c) Study and report to Congress of suitability of lands included within enlarged boundaries; submission date. 228c. Same; acquisition of lands within enlarged boundaries by donation, purchase, or exchange; transfer of jurisdiction over Federal lands [New]. 228d. Same; acquisition of State of Arizona or local lands by donation or exchange; approval for transfer to United States of Indian trust lands [New]. 228e. Same; cooperative agreements for protection and unified interpretation of enlarged Grand Canyon; scope of agreements [New]. 228f. Same; preservation and renewal of existing grazing rights within enlarged boundaries; term of renewal [New]. 228g. Same; aircraft or helicopter regulation within enlarged boundaries; procedure for promulgation of administrative rules and regulations [New]. 228h. Same; construction with existing Colorado River system reclamation provisions [New]. 2281. Same; Havasupai Indian Reservation [New]. (a) Lands of Havasupai Reservation Addition Page 849 CUMBERLAND GAP NATIONAL HISTORICAL PARK 266. Authorization of appropriations for acquisition of additional lands [New]. 267. Authority of Secretary to acquire additional lands [New]. CANYONLANDS NATIONAL PARK 271e. Same; report to President [New]. 271f. Same; road alinements, study; report to Congress [New]. 271g. Same; authorization of appropriations [New]. ARCHES NATIONAL PARK [NEW] 272. Arches National Park. (a) Establishment. (b) Abolition of Arches National Monument; funds of monument available for park; administration of lands excluded from monument. 272a. Same; acquisition of property; authority of Secretary; State property. 272b. Same; grazing priviliges; right of occupancy or use for fixed term of years; renewal. 272c. Same; livestock trails, watering rights; driveway designation and regulation. 272d. Same; administration, protection, and development of park; report to President. 272e. Same; road alinements, study; report to Congress. 272f. Same; authorization of appropriations. CAPITOL REEF NATIONAL PARK [NEW] 273. Capitol Reef National Park. (a) Establishment. (b) Abolition of Capitol Reef National Monument; funds of monument available for park; administration of lands excluded from monument. 273a. Same; acquisition of property; authority of Secretary; State property. 273b. Same; grazing privileges; right of occupancy or use for fixed term of years; renewal. 273c. Same; livestock trails, watering rights; driveway regulations. 273d. Same; administration, protection, and development of park; easements and rights-of-way; report to President. 273e. Same; road alinements, study; report to Congress. 273f. Same; authorization of appropriations. BOSTON NATIONAL HISTORICAL PARK [NEW] 410z. Establishment. (a) Acquisition of properties by donation or with donated funds. (b) Acquisition of properties with appropriated funds. (c) Publication of notice of establishment. (d) Charlestown Navy Yard. 4591. Cumberland Island National Seashore; purposes; establishment; boundary revisions: notification of Congressional committees, publication in Federal Register [New]. 4591-1. Same; acquisition of lands; authority of Secretary; mainland lands for access to seashore administrative and visitor facilities; State lands; transfer from Federal agency to administrative jurisdiction of Secretary [New]. 4591-2. Same; Cumberland Island Parkway; right-of-way; administration; regulations [New]. 4591-3. Same; acquisition of property [New]. (a) Private right of use and occupancy for residential purposes for fixed term of years or for life; election by owner; exception of property for visitor facilities or administration of seashore; compensation; contemporaneous restriction on development of public use facilities; lands, waters, and interests from National Park Foundation. (b) Commercial use prohibition; termination (c) "Improved property" defined. restrictions. acquisition 4591-4. Same; hunting and fishing [New]. 4951-5. Same; administration, protection, and develop ment [New]. (a) Applicability of provisions; utilization of statutory authorities. (b) Preservation in primitive state; recreational activities exception. 4591-6. Same; State and local jurisdiction [New]. 4591-7. Same; water resource developments [New]. 4591-8. Same; report to President [New]. 4591-9. Same; authorization of appropriations [New]. 4591. Canaveral National Seashore; establishment; boundary; boundary revisions; limitation on area [New]. 4591-1. Same; acquisition of property; donation and development of State lands; transfer from Federal agency to administrative jurisdiction of Secretary; written cooperative agreement with National Aeronautics and Space Administration; construction and development; report to Committees of Congress [New]. 460m-8. 460m-9. "Golden Eagle Passport" annual admission permit; issuance and use of annual admission permit; single-visit fee; feefree travel areas; "Golden Age Passport" annual entrance permit; issuance and use of annual entrance permit. (b) Recreation use fees; collection: campgrounds at lakes or reservoirs under jurisdiction of Corps of Engineers; fees for Golden Age Passport permittees. (c) Special recreation permits. (d) Criteria, posting and uniformity of fees. (e) Rules and regulations; establishment; enforcement powers; penalty for violations. (f) Disposition of fees; contracts with public or private entities for visitor reservation services. (g) Federal and State laws unaffected. (h) Annual reports to Congress. BUFFALO NATIONAL RIVER Establishment. Acquisition of lands and waters. [NEW] (a) Donation, purchase, and excharge; reimbursement of State of Arkansas. (b) Retention of rights. (c) Improved property. 460m-10. Hunting and fishing; rules and regulations. 460m-11. Water resource projects. 460m-12. Administration, protection, and development. |