Page:United States Statutes at Large Volume 119.djvu/23

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PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–2—FEB. 18, 2005

119 STAT. 5

(C) confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights. (4) Abuses in class actions undermine the national judicial system, the free flow of interstate commerce, and the concept of diversity jurisdiction as intended by the framers of the United States Constitution, in that State and local courts are— (A) keeping cases of national importance out of Federal court; (B) sometimes acting in ways that demonstrate bias against out-of-State defendants; and (C) making judgments that impose their view of the law on other States and bind the rights of the residents of those States. (b) PURPOSES.—The purposes of this Act are to— (1) assure fair and prompt recoveries for class members with legitimate claims; (2) restore the intent of the framers of the United States Constitution by providing for Federal court consideration of interstate cases of national importance under diversity jurisdiction; and (3) benefit society by encouraging innovation and lowering consumer prices. SEC. 3. CONSUMER CLASS ACTION BILL OF RIGHTS AND IMPROVED PROCEDURES FOR INTERSTATE CLASS ACTIONS.

(a) IN GENERAL.—Part V is amended by inserting after chapter 113 the following: ‘‘CHAPTER 114—CLASS ACTIONS ‘‘Sec. ‘‘1711. ‘‘1712. ‘‘1713. ‘‘1714. ‘‘1715.

Definitions. Coupon settlements. Protection against loss by class members. Protection against discrimination based on geographic location. Notifications to appropriate Federal and State officials.

‘‘§ 1711. Definitions ‘‘In this chapter: ‘‘(1) CLASS.—The term ‘class’ means all of the class members in a class action. ‘‘(2) CLASS ACTION.—The term ‘class action’ means any civil action filed in a district court of the United States under rule 23 of the Federal Rules of Civil Procedure or any civil action that is removed to a district court of the United States that was originally filed under a State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representatives as a class action. ‘‘(3) CLASS COUNSEL.—The term ‘class counsel’ means the persons who serve as the attorneys for the class members in a proposed or certified class action. ‘‘(4) CLASS MEMBERS.—The term ‘class members’ means the persons (named or unnamed) who fall within the definition of the proposed or certified class in a class action. ‘‘(5) PLAINTIFF CLASS ACTION.—The term ‘plaintiff class action’ means a class action in which class members are plaintiffs.

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