47 U.S.C. § 415 — Limitations of actions

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 381 words · no verdicts yet

in plain englishAI-generated · not legal advice

Carriers must sue to collect their charges within two years. Customers must file damage complaints against carriers within two years too. Overcharge claims also have a two-year deadline, but writing to the carrier first can extend that. If a carrier starts its own collection case, the customer's deadline stretches 90 days further. A claim to enforce a Commission money order must be filed within one year.

(a) Recovery of charges by carrier. A carrier must start any lawsuit to collect its lawful charges within two years from when the right to sue first arose — not later. (b) Recovery of damages. Anyone complaining to the Commission about carrier damages that are not based on overcharges must file that complaint within two years from when the claim arose — not later — except as extended under subsection (d). (c) Recovery of overcharges. To recover an overcharge, a lawsuit or Commission complaint must begin within two years from when the claim arose — not later, and also subject to subsection (d) — unless the customer already sent the carrier a written overcharge claim within that two-year window. In that case, the deadline extends to two years from the date the carrier gives written notice rejecting the claim, in whole or in part. (d) Extension. If, before the deadline in subsection (b) or (c) runs out, a carrier either sues under subsection (a) to collect its lawful charges for that same service, or simply collects those charges without suing, the customer's deadline is extended to include 90 days from when the carrier's lawsuit began or the charges were collected. (e) Accrual of cause of action for transmission of message. For a claim about transmitting a message, the clock starts running when the carrier delivers the message or offers to deliver it — not later. (f) Enforcement petition. A petition asking a court to enforce a Commission order requiring payment of money must be filed in the right district or state court within one year of the date of that order — not later. (g) "Overcharges" defined. In this section, "overcharges" means charges for services that are higher than what the carrier's officially filed rate schedule allows.

the actual law source: uscode.house.gov ↗public domain

(a) Recovery of charges by carrier

All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

(b) Recovery of damages

All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section.

For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include two years from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

(d) Extension

If on or before expiration of the period of limitation in subsection (b) or (c) a carrier begins action under subsection (a) for recovery of lawful charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.

(e) Accrual of cause of action for transmission of message

The cause of action in respect of the transmission of a message shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.

(f) Enforcement petition

A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.

(g) “Overcharges” defined

The term “overcharges” as used in this section shall be deemed to mean charges for services in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission.

Source credit: (June 19, 1934, ch. 652, title IV, § 415, 48 Stat. 1099; Pub. L. 93–507, Nov. 30, 1974, 88 Stat. 1577.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1099
1974Amended · Pub. L. 93-507 · 88 Stat. 1577

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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