Year 2000 Consumer Protection Plan Act of 1999

Summary

Year 2000 Consumer Protection Plan Act of 1999 - Sets forth provisions to govern civil actions, whether arising under Federal or State law, except for actions brought by a Federal, State, or other public entity, agency, or authority acting in a regulatory, supervisory, or enforcement capacity, seeking damages caused by a year 2000 processing failure, disruption, or error (failure) and any arbitration or mediation proceedings brought as a result of the initiation of such action. Directs the clerk of the court, when a person files a complaint seeking such damages, to refer the complaint to a mandatory arbitration proceeding. Allows a person to recover damages upon a showing by a preponderance of the evidence that: (1) the failure caused a foreseeable loss; (2) the defendant's action or inaction as an end user (i.e., a party in possession of and using software or hardware) was unreasonable under the circumstances; and (3) the loss was proximately caused by the defendant. Makes a director or officer of a corporation which is a defendant in such an action responsible only for failure to exercise due diligence in overseeing the direction of an act cited by the plaintiff in making such showing. Authorizes damage awards in such actions for personal injury, wrongful death, property damage, and punitive damages. Sets a statute of limitations of two years after January 1, 2000. Directs that any class action brought for damages for a failure which is governed by this Act or State law be brought in the district court for the district in which the failure occurred. Makes this Act inapplicable to any action arising out of an express written contract between the parties.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 6 January 1999

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• Introduced in House (PDF)

  Introduced in House · EN · 6 January 1999

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• Introduced in House

  summary · EN · 6 January 1999

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