Collapse to view only § 4042. Private right of action
- § 4041. Enforcement by the Attorney General
- § 4042. Private right of action
- § 4043. Preservation of remedies
§ 4041. Enforcement by the Attorney General
(a) Civil actionThe Attorney General may commence a civil action in any appropriate district court of the United States against any person who—
(1) engages in a pattern or practice of violating this chapter; or
(2) engages in a violation of this chapter that raises an issue of significant public importance.
(b) ReliefIn a civil action commenced under subsection (a), the court may—
(1) grant any appropriate equitable or declaratory relief with respect to the violation of this chapter;
(2) award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and
(3) may, to vindicate the public interest, assess a civil penalty—
(A) in an amount not exceeding $55,000 for a first violation; and
(B) in an amount not exceeding $110,000 for any subsequent violation.
(c) Intervention
(Oct. 17, 1940, ch. 888, title VIII, § 801, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877.)
§ 4042. Private right of action
(a) In general
Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
(b) Costs and attorney fees
(Oct. 17, 1940, ch. 888, title VIII, § 802, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877; amended Pub. L. 116–92, div. A, title V, § 547(a), Dec. 20, 2019, 133 Stat. 1378.)
§ 4043. Preservation of remedies
Nothing in section 4041 or 4042 of this title shall be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.
(Oct. 17, 1940, ch. 888, title VIII, § 803, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877.)