15 U.S.C. § 2072
Section 2072 · Suits for damages
Amended 4 times on record
Applied in 72 court decisions — leading case Marek v. Chesny (1985)
Most recently applied in 170 F. Supp. 3d 1365 - United States v. Zen Magnets, LLC (March 2016)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Any person who shall sustain injury by reason of any knowing (including willful) violation of a consumer product safety rule, or any other rule or order issued by the Commission may sue any person who knowingly (including willfully) violated any such rule or order in any district court of the United States in the district in which the defendant resides or is found or has an agent, shall recover damages sustained and may, if the court determines it to be in the interest of justice, recover the costs of suit, including reasonable attorneys’ fees (determined in accordance with section 2060(f) of this title) and reasonable expert witnesses’ fees: Provided, That the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and cost, unless such action is brought against the United States, any agency thereof, or any officer or employee thereof in his official capacity.
Except when express provision is made in a statute of the United States, in any case in which the plaintiff is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interests and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by common law or under Federal or State law.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1981—Subsec. (a). Pub. L. 97 35 substituted “section 2060(f) of this title” for “section 2059(e)(4) of this title”.
1980—Subsec. (a). Pub. L. 96 486, §3(a), struck out provision subjecting actions under this section to section 1331 of title 28 as to the amount in controversy and inserted proviso establishing minimum amount in controversy and excepting actions brought against the United States, or agencies, officers, or employees thereof.
Subsecs. (b), (c). Pub. L. 96 486, §3(b), added subsec. (b) and redesignated former subsec. (b) as (c).
1976—Subsec. (a). Pub. L. 94 284 substituted “shall” for “and shall” and provision permitting the court to award costs in the interest of justice for a prior provision which permitted the court to award costs in its discretion.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97 35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97 35, set out as a note under section 2052 of this title.
Effective Date of 1980 Amendment; Applicability
For effective date and applicability of amendment by Pub. L. 96 486, see section 4 of Pub. L. 96 486, set out as an Effective Date of 1980 Amendment note under section 1331 of Title 28, Judiciary and Judicial Procedure.