If a court of competent jurisdiction enters a final judgment on the merits that—
(1) is based on Federal law;
(2) is no longer subject to appeal; and
(3) substantially limits or impairs the essential elements of sections 116 through 126 of this title,
then sections 116 through 126 of this title are invalid and have no legal effect as of the date of entry of such judgment.
EFFECTIVE DATE; APPLICATION OF AMENDMENT Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 125 (2018)