15 USC 6614 – Y2K actions as class actions
(a) Material defect requirement
A Y2K action involving a claim that a product or service is defective may be maintained as a class action in Federal or State court as to that claim only if—
(1) it satisfies all other prerequisites established by applicable Federal or State law, including applicable rules of civil procedure; and
(2) the court finds that the defect in a product or service as alleged would be a material defect for the majority of the members of the class.
(b) Notification
Terms Used In 15 USC 6614
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
In any Y2K action that is maintained as a class action, the court, in addition to any other notice required by applicable Federal or State law, shall direct notice of the action to each member of the class, which shall include—
(1) a concise and clear description of the nature of the action;
(2) the jurisdiction where the case is pending; and
(3) the fee arrangements with class counsel, including the hourly fee being charged, or, if it is a contingency fee, the percentage of the final award which will be paid, including an estimate of the total amount that would be paid if the requested damages were to be granted.
(c) Forum for Y2K class actions
(1) Jurisdiction
Except as provided in paragraph (2), the district courts of the United States shall have original jurisdiction of any Y2K action that is brought as a class action.
(2) Exceptions
The district courts of the United States shall not have original jurisdiction over a Y2K action brought as a class action if—
(A)(i) a substantial majority of the members of the proposed plaintiff class are citizens of a single State;
(ii) the primary defendants are citizens of that State; and
(iii) the claims asserted will be governed primarily by the laws of that State;
(B) the primary defendants are States, State officials, or other governmental entities against whom the district courts of the United States may be foreclosed from ordering relief;
(C) the plaintiff class does not seek an award of punitive damages, and the amount in controversy is less than the sum of $10,000,000 (exclusive of interest and costs), computed on the basis of all claims to be determined in the action; or
(D) there are less than 100 members of the proposed plaintiff class.
A party urging that any exception described in subparagraph (A), (B), (C), or (D) applies to an action shall bear the full burden of demonstrating the applicability of the exception.
(3) Procedure if requirements not met
(A) Dismissal or remand
A United States district court shall dismiss, or, if after removal, strike the class allegations and remand, any Y2K action brought or removed under this subsection as a class action if—
(i) the action is subject to the jurisdiction of the court solely under this subsection; and
(ii) the court determines the action may not proceed as a class action based on a failure to satisfy the conditions of Rule 23 of the Federal Rules of Civil Procedure.
(B) Amendment; removal
Nothing in paragraph (A) shall prohibit plaintiffs from filing an amended class action in Federal or State court. A defendant shall have the right to remove such an amended class action to a United States district court under this subsection.
(C) Period of limitations tolled
Upon dismissal or remand, the period of limitations for any claim that was asserted in an action on behalf of any named or unnamed member of any proposed class shall be deemed tolled to the full extent provided under Federal law.
(D) Dismissal without prejudice
The dismissal of a Y2K action under subparagraph (A) shall be without prejudice.
(d) Effect on rules of civil procedure
Except as otherwise provided in this section, nothing in this section supersedes any rule of Federal or State civil procedure applicable to class actions.