Page:United States Statutes at Large Volume 112 Part 3.djvu/562

 112 STAT. 2392 PUBLIC LAW 105-271—OCT. 19, 1998 to boycott any person, to allocate a market, or to fix prices or output. (d) RULE OF CONSTRUCTION. —The exemption granted by this section shall be construed narrowly. SEC. 6. EXCLUSIONS. (a) EFFECT ON INFORMATION DISCLOSURE. —T his Act does not affect, abrogate, amend, or alter the authority of a Federal or State entity, agency, or authority to enforce a requirement to provide or disclose, or not to provide or disclose, information under a Federal or State statute or regulation or to enforce such statute or regulation. (b) CONTRACTS AND OTHER CLAIMS.— (1) IN GENERAL.— Except as may be otherwise provided in subsections (a) and (e) of section 4, this Act does not affect, abrogate, amend, or alter any right established by contract or tariff between any person or entity, whether entered into by a public or private person or entity, under any Federal or State law. (2) OTHER CLAIMS.— (A) IN GENERAL.—In any covered action brought by a consumer, this Act does not apply to a year 2000 statement expressly made in a solicitation, including an advertisement or offer to sell, to that consumer by a seller, manufacturer, or provider of a consumer product. (B) SPECIFIC NOTICE REQUIRED.— In any covered action, this Act shall not apply to a year 2000 statement, concerning a year 2000 remediation product or service, expressly made in an offer to sell or in a soUcitation (including an advertisement) by a seller, manufacturer, or provider, of that product or service unless, during the course of the offer or sohcitation, the party making the offer or soUcitation provides the following notice in accordance with section 4(d): "Statements made to you in the course of this sale are subject to the Year 2000 Information and Readiness Disclosure Act ( U.S.C. ). In the case of a dispute, this Act may reduce your legal rights regarding the use of any such statements, unless otherwise specified by your contract or tariff.". (3) RULE OP CONSTRUCTION.— Nothing in this Act shall be construed to preclude any claims that are not based exclusively on year 2000 statements. (c) DUTY OR STANDARD OF CARE.— (1) IN GENERAL.— T his Act shall not impose upon the maker of any year 2000 statement any more stringent obligation, duty, or standard of care than is otherwise applicable under any other Federal law or State law. (2) ADDITIONAL DISCLOSURE. — This Act does not preclude any party from making or providing any additional disclosure, disclaimer, or similar provisions in connection with any year 2000 readiness disclosure or year 2000 statement. (3) DUTY OF CARE.— -This Act shall not be deemed to alter any standard or duty of care owed by a fiduciary, as defined or determined by apphcable Federal or State law.

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