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15 U.S.C. § 2311 — Applicability to other laws

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2311 — Applicability to other laws

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Source location: Title 15, Chapter 50, § 2311; chapter-050-consumer-product-warranties.md

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**(a) Federal Trade Commission Act and Federal Seed Act** (1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] or any statute defined therein as an Antitrust Act. (2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act [[7 U.S.C. 1551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1551&num=0&edition=prelim) et seq.] and nothing in this chapter shall apply to seed for planting. **(b) Rights, remedies, and liabilities** (1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law. (2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury. **(c) State warranty laws** (1) Except as provided in subsection (b) and in paragraph (2) of this subsection, a State requirement— (A) which relates to labeling or disclosure with respect to written warranties or performance thereunder; (B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and (C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule thereunder), shall not be applicable to written warranties complying with such sections (or rules thereunder). (2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with [section 2309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2309&num=0&edition=prelim)) that any requirement of such State covering any transaction to which this chapter applies (A) affords protection to consumers greater than the requirements of this chapter and (B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement. **(d) Other Federal warranty laws** This chapter (other than [section 2302(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2302/c&num=0&edition=prelim)) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 58 — Short title

This subchapter may be cited as the “Federal Trade Commission Act”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2309 — Procedures applicable to promulgation of rules by Commission

**(a) Oral presentation** Any rule prescribed under this chapter shall be prescribed in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim); except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under [section 57a(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/e&num=0&edition=prelim) in the same manner as rules prescribed under [section 57a(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/a/1/B&num=0&edition=prelim), except that [section 57a(e)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/e/3/B&num=0&edition=prelim) shall not apply. **(b) Warranties and warranty practices involved in sale of used motor vehicles** The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1551 — Illegal sales of uncertified seed

It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act [[7 U.S.C. 2321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) et seq.] specifies sale only as a class of certified seed: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 44 — Definitions

The words defined in this section shall have the following meaning when found in this subchapter, to wit:

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2311 — Applicability to other laws

Page 1830 TITLE 15—COMMERCE AND TRADE § 2311 (C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred. (e) Class actions; conditions; procedures applica- ble No action (other than a class action or an ac- tion respecting a warranty to which subsection (a)(3) applies) may be brought under subsection (d) for failure to comply with any obligation under any written or implied warranty or serv- ice contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the ex- tent the court determines necessary to establish the representative capacity of the named plain- tiffs, unless the person obligated under the war- ranty or service contract is afforded a reason- able opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which sub- section (a)(3) applies) brought under subsection (d) for breach of any written or implied war- ranty or service contract, such reasonable op- portunity will be afforded by the named plain- tiffs and they shall at that time notify the de- fendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plain- tiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. (f) Warrantors subject to enforcement of rem- edies For purposes of this section, only the war- rantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such war

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1551 — Short title

Page 879 TITLE 7—AGRICULTURE § 1561 Sec. 1595. Seizure. 1596. Penalties. 1597. Agent’s acts as binding principal. 1598. Notice of intention to prosecute. 1599. Cease and desist proceedings. 1600. Appeal to court of appeals. 1601. Enforcement of order. 1602. Separability. 1603. Procedural powers; witness fees and mileage. 1604. Publication. 1605. Authorization of appropriations. 1606. Authorization of expenditures. 1607. Cooperation with other governmental agen- cies. 1608. Separability. 1609. Repeals. 1610. Effective date. SUBCHAPTER V—SALE OF UNCERTIFIED SEED OF PROTECTED VARIETY 1611. Illegal sales of uncertified seed. § 1551. Short title This chapter may be cited as the ‘‘Federal Seed Act.’’ (Aug. 9, 1939, ch. 615, § 1, 53 Stat. 1275.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. SHORT TITLE OF 1983 AMENDMENT Pub. L. 97–439, § 1, Jan. 8, 1983, 96 Stat. 2287, provided that: ‘‘This Act [amending sections 1561, 1571, 1581, 1582, 1585, and 1586 of this title and repealing sections 1583 and 1584 of this title] may be cited as the ‘Federal Seed Act Amendments of 1982’.’’ SUBCHAPTER I—DEFINITIONS § 1561. Definition of terms (a) When used in this chapter— (1) The term ‘‘United States’’ means the sev- eral States, District of Columbia, and Puerto Rico. (2) The term ‘‘person’’ includes a partner- ship, corporation, company, society, or asso- ciation. (3) The term ‘‘interstate commerce’’ means— (A) commerce between any State, Terri- tory, possession, or the District of Columbia, and any other State, Territory, possession, or the District of Columbia; or (B) commerce between points within the same State, Territory, or possession, or the District of Columbia, but through any p

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