Page:United States Statutes at Large Volume 94 Part 2.djvu/740

 94 STAT. 2018

49 USC 11910. Attorney fees. 49 USC 10521.

Attorney fees.

PUBLIC LAW 96-454—OCT. 15, 1980

"(7) The program may provide for an oral presentation of a dispute concerning transportation of household goods by a party to the dispute (or a party s representative), but such oral presentation may be made only if all parties to the dispute expressly agree to such presentation and the date, time, and location of such presentation. "(8) Any person settling a dispute concerning transportation of household goods under the program must, as expeditiously as possible but at least within 60 days of receipt of written notification of the dispute, render a decision based on the information gathered, except that, in any case in which a party to the dispute fails to provide in a timely manner any information concerning such dispute which the person settling the dispute may reasonably require to resolve the dispute, the dispute settler may extend such 60-day period for a reasonable period of time. A decision resolving a dispute may include any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for expenses, and compensation for damages. "(c) Materials and information obtained in the course of a decisionmaking process to settle a dispute under a dispute settlement program approved under this section may not be used to bring an action under section 11910 of this title. "(d) In any court action to resolve a dispute between a shipper of household goods and a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title concerning the transportation of household goods by such carrier, the shipper shall be awarded reasonable attorney's fees if— (1) the shipper submits a claim to the carrier within 120 days after the date the shipment is delivered or the date the delivery is scheduled, whichever is later; "(2) the shipper prevails in such court action; and "(3)(A) no dispute settlement program approved under this section was available for use by the shipper to resolve the dispute; or (B) a decision resolving the dispute was not rendered under a dispute settlement program approved under this section within the period provided under subsection (b)(8) of this section or an extension of such period under such subsection; or "(C) the court proceeding is to enforce a decision rendered under a dispute settlement progrgun approved under this section and is instituted after the period for performance under such decision has elapsed. "(e) In any court action to resolve a dispute between a shipper of household goods and a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title concerning the transportation of household goods by such carrier, such carrier may be awarded reasonable attorney's fees by the court only if the shipper brought such action in bad faith— "(1) after resolution of such dispute under a dispute settlement program approved under this section; or "(2) after institution of a proceeding by the shipper to resolve such dispute under a dispute settlement program approved under this section but before (A) the period provided under subsection (b)(8) for resolution of such dispute (including, if applicable, an extension of such period under such subsection)

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