Code of Federal Regulations Title 28. Judicial Administration § 28.42.736 Private lawsuits

(1) 180 days have elapsed since the complainant filed the complaint and the Department has made no finding with regard to the complaint;  or

(2) The Department issues a finding, pursuant to § 42.731(g)(3), in favor of the recipient.

(1) The complainant may bring a civil action in a United States district court for the district in which the recipient is located or transacts business;

(2) A complainant who prevails in such an action has the right to be awarded reasonable attorney's fees, if the complainant demands such an award in the complaint initiating the lawsuit;

(3) Before commencing the action, the complainant must give 30 days' notice by registered mail to the Secretary, the Attorney General, and the recipient;

(4) The notice must state the nature of the alleged violation, the relief requested, the court in which the action will be brought, and whether attorney's fees will be demanded;  and

(5) The complainant may not bring an action if the same alleged violation by the recipient is the subject of a pending action in any court of the United States.