15 USC 6606 - Prelitigation notice

U.S Code last checked for updates: Nov 22, 2024

§ 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) 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

(2)

Willingness to engage in ADR

(3)

Inadmissibility

(4)

Presumptive time of receipt

(5)

Priority

(d)

Failure to respond

If a prospective defendant—

(1)

fails to respond to a notice provided pursuant to subsection (a) within the 30 days specified in subsection (c)(1); 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

(2)

Extension by agreement

(3)

Multiple extensions not allowed

(4)

Statutes of limitation, etc., tolled

(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) or without awaiting the expiration of the appropriate waiting period specified in subsection (c), 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

(h)

State law controls alternative methods

(i)

Provisional remedies unaffected

(j)

Special rule for class actions

(Pub. L. 106–37, § 7, July 20, 1999, 113 Stat. 196.)

cite as: 15 USC 6606