---
kind: "section"
citation: "49 U.S.C. § 14704"
title: "49"
title_heading: "Transportation"
number: "14704"
heading: "Rights and remedies of persons injured by carriers or brokers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/14704"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part B — Motor Carriers, Water Carriers, Brokers, and Freight Forwarders"
  - "Chapter 147 — Enforcement; Investigations; Rights; Remedies"
---

# §14704. Rights and remedies of persons injured by carriers or brokers

- (a) **In General.—**
  - (1) **Enforcement of order.—** A [person](/usc/49/13102.md?p=18) injured because a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/10102.md?p=9) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV/ptB/ch135.md) does not obey an order of the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/10102.md?p=1), 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](/usc/49/13102.md?p=18) may bring a civil action for injunctive relief for violations of sections [14102](/usc/49/14102.md), [14103](/usc/49/14103.md), and [14915(c)](/usc/49/14915.md?p=c).
  - (2) **Damages for violations.—** A [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/10102.md?p=9) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV/ptB/ch135.md) is liable for damages sustained by a [person](/usc/49/13102.md?p=18) as a result of an act or omission of that [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) in violation of this part.
- (b) **Liability and Damages for Exceeding Tariff Rate.—** A [carrier](/usc/49/13102.md?p=3) providing [transportation](/usc/49/10102.md?p=9) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV/ptB/ch135.md) is liable to a [person](/usc/49/13102.md?p=18) for amounts charged that exceed the applicable [rate](/usc/49/10102.md?p=7) for [transportation](/usc/49/10102.md?p=9) or service contained in a tariff in effect under section 13702.
- (c) **Election.—**
  - (1) **Complaint to dot or board; civil action.—** A [person](/usc/49/13102.md?p=18) may file a complaint with the [Board](/usc/49/10102.md?p=1) or the [Secretary](/usc/49/13102.md?p=20), as applicable, under [section 14701(b)](/usc/49/14701.md?p=b) or bring a civil action under [subsection (b)](#b) to enforce liability against a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/10102.md?p=9) or service subject to jurisdiction under chapter 135.
  - (2) **Order of dot or board.—**
    - (A) **In general.—** When the [Board](/usc/49/10102.md?p=1) or [Secretary](/usc/49/13102.md?p=20), as applicable, makes an award under [subsection (b)](#b) of this section, the [Board](/usc/49/10102.md?p=1) or [Secretary](/usc/49/13102.md?p=20), as applicable, shall order the [carrier](/usc/49/13102.md?p=3) to pay the amount awarded by a specific date. The [Board](/usc/49/10102.md?p=1) or [Secretary](/usc/49/13102.md?p=20), as applicable, may order a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/10102.md?p=9) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV/ptB/ch135.md) to pay damages only when the proceeding is on complaint.
    - (B) **Enforcement by civil action.—** The [person](/usc/49/13102.md?p=18) for whose benefit an order of the [Board](/usc/49/10102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) does not pay the amount awarded by the date payment was ordered to be made.
- (d) **Procedure.—**
  - (1) **In general.—** When a [person](/usc/49/13102.md?p=18) begins a civil action under [subsection (b)](#b) of this section to enforce an order of the [Board](/usc/49/10102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) requiring the payment of damages by a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/10102.md?p=9) or service subject to jurisdiction under [chapter 135](/usc/49/chstIV/ptB/ch135.md) of this title, the text of the order of the [Board](/usc/49/10102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) must be included in the complaint. In addition to the district courts of the [United States](/usc/49/10102.md?p=10), a [State](/usc/49/10102.md?p=8) 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](/usc/49/10102.md?p=1) or [Secretary](/usc/49/13102.md?p=20) are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the [United States](/usc/49/10102.md?p=10) under this paragraph is in the judicial district in which the plaintiff resides or in which the principal operating office of the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) 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](/usc/49/10102.md?p=10) under this subsection and all the [carriers](/usc/49/13102.md?p=3) 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.

## Source credit

(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.)

## Notes

### Editorial Notes

### Prior 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 Subsidiaries

### Effective 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.