§ 6606. Prelitigation notice
(a)
In general
Before commencing a Y2K action, except an action that seeks only injunctive relief, a prospective plaintiff in a Y2K action shall send a written notice by certified mail (with either return receipt requested or other means of verification that the notice was sent) to each prospective defendant in that action. The notice shall provide specific and detailed information about—
(b)
Person to whom notice to be sent
The notice required by subsection (a) of this section shall be sent—
(2)
if the prospective defendant does not have a registered agent, then to the chief executive officer if the prospective defendant is a corporation, to the managing partner if the prospective defendant is a partnership, to the proprietor if the prospective defendant is a sole proprietorship, or to a similarly-situated person if the prospective defendant is any other enterprise; or
(3)
if the prospective defendant has designated a person to receive prelitigation notices on a Year 2000 Internet Website (as defined in section 3(7) of the Year 2000 Information and Readiness Disclosure Act), to the designated person, if the prospective plaintiff has reasonable access to the Internet.
(c)
Response to notice
(1)
In general
Within 30 days after receipt of the notice specified in subsection (a) of this section, each prospective defendant shall send by certified mail with return receipt requested to each prospective plaintiff a written statement acknowledging receipt of the notice, and describing the actions it has taken or will take to address the problem identified by the prospective plaintiff.
(2)
Willingness to engage in ADR
The written statement shall state whether the prospective defendant is willing to engage in alternative dispute resolution.
(3)
Inadmissibility
A written statement required by this subsection is not admissible in evidence, under Rule 408 of the Federal Rules of Evidence or any analogous rule of evidence in any State, in any proceeding to prove liability for, or the invalidity of, a claim or its amount, or otherwise as evidence of conduct or statements made in compromise negotiations.
(d)
Failure to respond
If a prospective defendant—
(1)
fails to respond to a notice provided pursuant to subsection (a) of this section within the 30 days specified in subsection (c)(1) of this section; or
(2)
does not describe the action, if any, the prospective defendant has taken, or will take, to address the problem identified by the prospective plaintiff,
the prospective plaintiff may immediately commence a legal action against that prospective defendant.
(e)
Remediation period
(1)
In general
If the prospective defendant responds and proposes remedial action it will take, or offers to engage in alternative dispute resolution, then the prospective plaintiff shall allow the prospective defendant an additional 60 days from the end of the 30-day notice period to complete the proposed remedial action or alternative dispute resolution before commencing a legal action against that prospective defendant.
(2)
Extension by agreement
The prospective plaintiff and prospective defendant may change the length of the 60-day remediation period by written agreement.
(f)
Failure to provide notice
If a defendant determines that a plaintiff has filed a Y2K action without providing the notice specified in subsection (a) of this section or without awaiting the expiration of the appropriate waiting period specified in subsection (c) of this section, the defendant may treat the plaintiff’s complaint as such a notice by so informing the court and the plaintiff in its initial response to the plaintiff. If any defendant elects to treat the complaint as such a notice—
(g)
Effect of contractual or statutory waiting periods
In cases in which a contract, or a statute enacted before January 1, 1999, requires notice of nonperformance and provides for a period of delay prior to the initiation of suit for breach or repudiation of contract, the period of delay provided by contract or the statute is controlling over the waiting period specified in subsections (c) and (d) of this section.
(h)
State law controls alternative methods
Nothing in this section supersedes or otherwise preempts any State law or rule of civil procedure with respect to the use of alternative dispute resolution for Y2K actions.
(i)
Provisional remedies unaffected
Nothing in this section interferes with the right of a litigant to provisional remedies otherwise available under Rule 65 of the Federal Rules of Civil Procedure or any State rule of civil procedure providing extraordinary or provisional remedies in any civil action in which the underlying complaint seeks both injunctive and monetary relief.
(j)
Special rule for class actions
For the purpose of applying this section to a Y2K action that is maintained as a class action in Federal or State court, the requirements of the preceding subsections of this section apply only to named plaintiffs in the class action.