If any commission merchant, dealer, or broker violates any provision of sectionof this title he shall be liable to the person or persons injured thereby for the full amount of damages (including any handling fee paid by the injured person or persons under section of this title) sustained in consequence of such violation.
Such liability may be enforced either (1) by complaint to the Secretary as hereinafter provided, or (2) by suit in any court of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, and the provisions of this chapter are in addition to such remedies.
7 U.S.C. § 499e
CODIFICATIONSection was formerly classified to section 555 of this title.
AMENDMENTS1995-Subsec. (a). Pub. L. 104-48, §8(b), inserted "(including any handling fee paid by the injured person or persons under sectionof this title)" after "damages".Subsec. (c)(3). Pub. L. 104-48, §6(a), (b), struck out "and has filed such notice with the Secretary" before "within thirty calendar days" in first sentence and inserted after first sentence "The written notice to the commission merchant, dealer, or broker shall set forth information in sufficient detail to identify the transaction subject to the trust." Subsec. (c)(4), (5). Pub. L. 104-48, §6(c), added par. (4) and redesignated former par. (4) as (5). 1991-Subsec. (c)(2). Pub. L. 102-237 substituted ", as" for "(as" before "defined".1984-Subsec. (c). Pub. L. 98-273 added subsec. (c).1937-Subsec. (a). Act Aug. 20, 1937, struck out "paragraph (1), (2), (3), or (4) of" after "provisions of".