Page:United States Statutes at Large Volume 113 Part 1.djvu/220

 113 STAT. 196 PUBLIC LAW 106-37 -^JULY 20, 1999 after the entry of a final, nonappealable judgment in the Y2K action, except that an action for contribution brought by a defendant who was required to make EUI additional payment under subsection (d)(1) may be brought not later than 6 months after the date on which such payment was made. (g) MORE PROTECTIVE STATE LAW NOT PREEMPTED. —Nothing in this section preempts or supersedes any provision of State law that— (1) limits the liability of a defendant in a Y2K action to a lesser amount than the amount determined under this section; or (2) otherwise affords a greater degree of protection from joint or several liability than is afforded by this section. 15 USC 6606. SEC. 7. PRELTTIGATION NOTICE. (a) IN GENERAL.— Before commencing a Y2K action, except an action that seeks only injunctive relief, a prospective pleiintiff 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 zdlegedly suffered by the prospective plaintiff; (3) how the prospective plaintiff would like the prospective defendemt 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 individu£j 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 simileirly-situated person if the prospective defendsint is any other enterprise; or (3) if the prospective defendant has designated a person to receive prehtigation 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. — Deadline. (1) IN GENERAL.— Within 30 days after receipt of the notice specified in subsection (a), each prospective defendant shall send by certified mail with return receipt requested to each prospective plaintiff a written statement acknowledging receipt of the notice, and describing the actions it has taken or will take to address the problem identified by the prospective plaintiff.

�