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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 15 U.S.C. § 6604 Punitive damages limitations us united_states_code code_section 15 COMMERCE AND TRADE 92 YEAR 2000 COMPUTER DATE CHANGE 6604 15 U.S.C. § 6604 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s6604 data/legal/raw/us/code/title-15/usc15.xml 46bf30a6f79023352c9c8e1cf09a3574381ba8b8d571dc040e6df3e3b2c670ec 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 a5973cb6480c60b191a1c91377cc50fd570f1295ff5d082b8a93fa654459cb3e 2026-07-04 official
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15 U.S.C. § 6604 - Punitive damages limitations

Text

(a) In general In any Y2K action in which punitive damages are permitted by applicable law, the defendant shall not be liable for punitive damages unless the plaintiff proves by clear and convincing evidence that the applicable standard for awarding damages has been met.

(b) Caps on punitive damages (1) In general Subject to the evidentiary standard established by subsection (a), punitive damages permitted under applicable law against a defendant described in paragraph (2) in a Y2K action may not exceed the lesser of—

(A) three times the amount awarded for compensatory damages; or

(B) $250,000.

(2) Defendant described A defendant described in this paragraph is a defendant—

(A) who—

(i) is sued in his or her capacity as an individual; and

(ii) whose net worth does not exceed $500,000; or

(B) that is an unincorporated business, a partnership, corporation, association, or organization, with fewer than 50 full-time employees.

(3) No cap if injury specifically intended Paragraph (1) does not apply if the plaintiff establishes by clear and convincing evidence that the defendant acted with specific intent to injure the plaintiff.

(c) Government entities Punitive damages in a Y2K action may not be awarded against a government entity.

(d) Institutions of higher education (1) In general Subject to paragraph (2), punitive damages in a Y2K action may not be awarded against an instituion 11 So in original. Probably should be “institution”. of higher education as defined in section 1001(a) of title 20.

(2) Exception Paragraph (1) shall not apply to an institution of higher education if the Y2K failure in the Y2K action occurred in a computer-based student financial aid system of that institution of higher education, and the institution—

(A) has passed Y2K data exchange testing with the Department of Education; or

(B) is not or was not in the process of performing data exchange testing with the Department of Education at the time the Department terminates such testing.

(Pub. L. 10637, § 5, July 20, 1999, 113 Stat. 192; Pub. L. 106113, div. B, § 1000(a)(4) [title III, § 311], Nov. 29, 1999, 113 Stat. 1535, 1501A265.)

Notes

Editorial Notes

Amendments1999—Subsec. (d). Pub. L. 106113 added subsec. (d).