U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART B— MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › Chapter CHAPTER 147— ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

49 U.S.C. § 14704

Rights and remedies of persons injured by carriers or brokers

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(a)In General.—(1)Enforcement of order.—A person injured because a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 does not obey an order of the Secretary or the Board, as applicable, under this part, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. A person may bring a civil action for injunctive relief for violations of sections 14102, 14103, and 14915(c).(2)Damages for violations.—A carrier or broker providing transportation or service subject to jurisdiction under chapter 135 is liable for damages sustained by a person as a result of an act or omission of that carrier or broker in violation of this part.(b)Liability and Damages for Exceeding Tariff Rate.—A carrier providing transportation or service subject to jurisdiction under chapter 135 is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff in effect under section 13702.(c)Election.—(1)Complaint to dot or board; civil action.—A person may file a complaint with the Board or the Secretary, as applicable, under section 14701(b) or bring a civil action under subsection (b) to enforce liability against a carrier or broker providing transportation or service subject to jurisdiction under chapter 135.(2)Order of dot or board.—(A)In general.—When the Board or Secretary, as applicable, makes an award under subsection (b) of this section, the Board or Secretary, as applicable, shall order the carrier to pay the amount awarded by a specific date. The Board or Secretary, as applicable, may order a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 to pay damages only when the proceeding is on complaint.(B)Enforcement by civil action.—The person for whose benefit an order of the Board or Secretary requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier or broker does not pay the amount awarded by the date payment was ordered to be made.(d)Procedure.—(1)In general.—When a person begins a civil action under subsection (b) of this section to enforce an order of the Board or Secretary requiring the payment of damages by a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 of this title, the text of the order of the Board or Secretary must be included in the complaint. In addition to the district courts of the United States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the Board or Secretary are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district in which the plaintiff resides or in which the principal operating office of the carrier or broker is located. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff.(2)Parties.—All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff.(e)Attorney’s Fees.—The district court shall award a reasonable attorney’s fee under this section. The district court shall tax and collect that fee as part of the costs of the action.(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 905; amended Pub. L. 112–141, div. C, title II, § 32922(a), July 6, 2012, 126 Stat. 828.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

2012—Subsec. (a)(1). Pub. L. 112–141 substituted “, 14103, and 14915(c)” for “and 14103”.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions
Cited in 117 cases (34 in the last 5 years), 1999–2026 · leading case: Eric Brant v. Schneider Nat'l Inc., 43 F.4th 656 (7th Cir. 2022).
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Eric Brant v. Schneider Nat'l Inc., 43 F.4th 656 (7th Cir. 2022). · cites it 5× “Fourth, Brant alleged that Schneider violated certain Truth- in-Leasing regulations requiring the disclosure of information to owner-operators, giving him a cause of action under 49 U.S.C. § 14704 (a)(2). Before resolving whether Brant could proceed on his FLSA claim as a…”
Owner-Operator Indep. Drivers Ass'n v. Landstar Sys., Inc., 541 F.3d 1278 (11th Cir. 2008). · cites it 14× “” Pursuant to 49 U.S.C. § 14704 (a)(2), 5 the Owner-Operators sought damages and equitable relief, including restitution, disgorgement of Landstar’s profits, and in-junctive relief.”
Owner-Operator Indep. Drivers Ass'n v. Supervalu, Inc., 651 F.3d 857 (8th Cir. 2011). · cites it 8× “) Finally, Supervalu contended that, notwithstanding the merits of OOIDA's case, 49 U.S.C. § 14704 (a)(1)'s remedial scheme authorizes only "injunctive relief" for violations of § 14103, not "restitution" or an "accounting and disgorgement of money paid" as sought by OOIDA.”
Owner-Operator Indep. Drivers Ass'n v. Landstar Sys., Inc., 622 F.3d 1307 (11th Cir. 2008). · cites it 14× “” Pursuant to 49 U.S.C. § 14704 (a)(2), 5 the Owner-Operators sought damages and equitable relief, including restitution, disgorgement of Landstar’s profits, and injunctive relief.”
Fitzpatrick v. Morgan S., Inc., 261 F. Supp. 2d 978 (W.D. Tenn. 2003). · cites it 13× “Defendant asserts that no private right of action for damages exists for violations of 49 U.S.C. § 14704 (a)(2), and, even if Congress did create a private right of action, Plaintiffs claims are barred by the two-year statute of limitations contained in 49 U.”
Fulfillment Servs. Inc. v. United Parcel Serv., Inc., 528 F.3d 614 (9th Cir. 2008). · cites it 7× “See 49 U.S.C. § 14704 (a)(2); 49 U.S.C. § 13703 .”
Owner-Operator Indep. Drivers v. Landstar Sys., 622 F.3d 1307 (11th Cir. 2010). · cites it 14× “" Pursuant to 49 U.S.C. § 14704 (a)(2), [5] the Owner-Operators sought damages and equitable relief, including restitution, disgorgement of Landstar's profits, and injunctive relief.”
Cunningham v. Lund Trucking Co., 662 F. Supp. 2d 1262 (D. Or. 2009). · cites it 15× “49 U.S.C. § 14704 (a)(1). In addition, § 14704(a)(2) provides that “[a] carrier .”
Craft v. Graebel-Oklahoma Movers, Inc., 2007 OK 79 (Okla. 2007). · cites it 5× “49 U.S.C. § 14704 ; see also Burton J. Mallinger et al.”
Owner-Operator Indep. Drivers Ass'n v. Swift Transp. Co., 632 F.3d 1111 (9th Cir. 2011). · cites it 4× “-, 49 49 U.S.C. § 14704 (a). Section 14704(a)(1) provides a right to injunctive relief, and (a)(2) provides a right to seek damages for injuries “sustained by a person as a result of an act *1114 or omission of [a] carrier or broker in violation of this part.”
Derolf v. Risinger Bros. Transfer, Inc., 259 F. Supp. 3d 876 (C.D. Ill. 2017). · cites it 4× “Second, Plaintiffs allege that they and others similarly situated to them entered into lease agreements with Defendant Risinger that violate the Truth in Leasing Act, 49 U.S.C. § 14704 by not including certain terms in the leases and by including certain terms that actually…”
Owner-Operator Indep. Drivers Ass'n v. New Prime, Inc., 213 F.R.D. 537 (W.D. Mo. 2002). · cites it 7× “Therefore, the class includes members whose claims have either expired under the applicable statute of limitations or predate the enactment of 49 U.S.C. § 14704 , the statute creating the private right of action brought by Plaintiffs.”
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— 49 U.S.C. § 14704(a) — 2 cases
Cunningham v. Lund Trucking Co., 662 F. Supp. 2d 1262 (D. Or. 2009). “49 U.S.C. § 14704 (a)(1). In addition, § 14704(a)(2) provides that “[a] carrier .”
Owner-Operator Indep. Drivers Ass'n, Inc. v. New Prime, Inc., 250 F. Supp. 2d 1151 (W.D. Mo. 2001).
— 49 U.S.C. § 14704(a)(2) — 1 case
Fetinci v. Rayco Logistics, LLC (E.D. Mich. 2024).
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