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15 U.S.C. § 6504 — Actions by States
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Civil actions** — In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under [section 6502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6502/b&num=0&edition=prelim), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may consider to be appropriate.
(2) **Notice**
(A) *In general* — Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission—
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) *Exemption*
(i) *In general* — Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action.
(ii) *Notification* — In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.
**(b) Intervention**
(1) **In general** — On receiving notice under subsection (a)(2), the Commission shall have the right
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Source location: Title 15, Chapter 91, § 6504; chapter-091-childrens-online-privacy-protection.md
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**(a) In general**
(1) **Civil actions** — In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under [section 6502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6502/b&num=0&edition=prelim), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may consider to be appropriate.
(2) **Notice**
(A) *In general* — Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission—
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) *Exemption*
(i) *In general* — Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action.
(ii) *Notification* — In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.
**(b) Intervention**
(1) **In general** — On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice.
(2) **Effect of intervention** — If the Commission intervenes in an action under subsection (a), it shall have the right—
(A) to be heard with respect to any matter that arises in that action; and
(B) to file a petition for appeal.
(3) **Amicus curiae** — Upon application to the court, a person whose self-regulatory guidelines have been approved by the Commission and are relied upon as a defense by any defendant to a proceeding under this section may file amicus curiae in that proceeding.
**(c) Construction** For purposes of bringing any civil action under subsection (a), nothing in this chapter shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of documentary and other evidence.
**(d) Actions by Commission** In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6502&num=0&edition=prelim), no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation.
**(e) Venue; service of process**
(1) **Venue** — Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under [section 1391 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1391&num=0&edition=prelim).
(2) **Service of process** — In an action brought under subsection (a), process may be served in any district in which the defendant—
(A) is an inhabitant; or
(B) may be found.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Child** — The term “child” means an individual under the age of 13.
(2) **Operator** — The term “operator”—
(A) means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce—
(i) among the several States or with 1 or more foreign nations;
(ii) in any territory of the United States or in the District of Columbia, or between any such territory and—
(I) another such territory; or
(II) any State or foreign nation; or
(iii) between the District of Columbia and any State, territory, or foreign nation; but
(B) does not include any nonprofit entity that would otherwise be exempt from coverage under [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim).
(3) **Commission** — The term “Commission” means the Federal Trade Commission.
(4) **Disclosure** — The term “disclosure” means, with respect to personal information—
(A) the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the internal operations of the website and does not disclose or use that information for any other purpose; and
(B) making personal information collected from a child by a website or online service directed to chil
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of Section.—** Except as otherwise provided by law—
(1) this section shall govern the venue of all civil actions brought in district courts of the United States; and
(2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature.
**(b) Venue in General.—** A civil action may be brought in—
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.
**(c) Residency.—** For all venue purposes—
(1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled;
(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and
(3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acts prohibited**
(1) **In general** — It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b).
(2) **Disclosure to parent protected** — Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator’s agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a child.
**(b) Regulations**
(1) **In general** — Not later than 1 year after October 21, 1998, the Commission shall promulgate under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) regulations that—
(A) require the operator of any website or online service directed to children that collects personal information from children or the operator of a website or online service that has actual knowledge that it is collecting personal information from a child—
(i) to provide notice on the website of what information is collected from children by the operator, how the operator uses such information, and the operator’s disclosure practices for such information; and
(ii) to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children;
(B) require the operator to provide, upon request of a parent under this subparagraph whose child has provided personal information to that website or online service, u
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Federal law — U.S. Code and appendices · legal_authorities
Page 2246
TITLE 15—COMMERCE AND TRADE
§ 6503
tice prescribed under section 57a(a)(1)(B) of this
title.
(d) Inconsistent State law
No State or local government may impose any
liability for commercial activities or actions by
operators in interstate or foreign commerce in
connection with an activity or action described
in this chapter that is inconsistent with the
treatment of those activities or actions under
this section.
(Pub. L. 105–277, div. C, title XIII, § 1303, Oct. 21,
1998, 112 Stat. 2681–730.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
For effective date of subsec. (a) of this section, see
section 1308 of Pub. L. 105–277, set out as a note under
section 6501 of this title.
§ 6503. Safe harbors
(a) Guidelines
An operator may satisfy the requirements of
regulations issued under section 6502(b) of this
title by following a set of self-regulatory guide-
lines, issued by representatives of the marketing
or online industries, or by other persons, ap-
proved under subsection (b).
(b) Incentives
(1) Self-regulatory incentives
In prescribing regulations under section 6502
of this title, the Commission shall provide in-
centives for self-regulation by operators to im-
plement the protections afforded children
under the regulatory requirements described
in subsection (b) of that section.
(2) Deemed compliance
Such incentives shall include provisions for
ensuring that a person will be deemed to be in
compliance with the requirements of the regu-
lations under section 6502 of this title if that
person complies with guidelines that, after no-
tice and comment, are approved by the Com-
mission upon making a determination that
the guidelines meet the requirements of the
regulations issued under section 6502 of this
title.
(3) Ex
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6504
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