Page:United States Statutes at Large Volume 86.djvu/1005

 86

STAT.]

PUBLIC LAW 92-513-OCT. 20, 1972

Such rules shall prescribe the manner in which information shall be disclosed under this section and in which such information shall be retained. (b) I t shall be a violation of this section for any transferor to violate any rules under this section or to knowingly give a false statement to a transferee in making any disclosure required by such rules.

963

False statement.

PRIVATE CIVIL ACTION

SEC. 409. (a) Any person who, with intent to defraud, violates any requirement imposed under this title shall be liable in an amount equal to the sum of— (1) three times the amount of actual damages sustained or $1,500, whichever is the greater; and (2) in the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court. (b) An action to enforce any liability created under subsection (a) of this section, may be brought in a United States district court without regard to the amount m controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises.

Statute of limitation.

INJUNCTIVE ENFORCEMENT

SEC. 410. (a) Upon petition by the Attorney General on behalf of the United States, the United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a] and (b) of the Federal Rules of Civil Procedure, to restrain violations of this title. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. (b) Paragraphs (3) and (4) of section 107(b) shall applj^ to actions under this section in the same manner as they apply to actions under section 107. EFFECT ON STATE LAW

SEC. 411. This title does not ^ (1) annul, alter, or affect the laws of any State with respect to the disconnecting, altering, or tampering with odometers with the intent to defraud, or (2) exempt any person subject to the provisions of this title from complying with such laws, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. EFFECTIVE DATE

SEC. 412. This title (other than section 408(a)) shall take effect ninety calendar days following the date of enactment of this Act. Section 408(a) shall take effect on the date of enactment of this Act. REPORT

SEC. 413. One year after the date of enactment of this Act, the Secretary shall report to the Congress and to the President on the extent to which the reliability of odometers can be improved, on the technical feasibility of producing odometers which are tamper proof, and on the Secretary's plans and recommendations for future action. Approved October 20, 1972.

28 USC app. Notice, hearing opportunity.

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