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15 U.S.C. § 6104 — Actions by private persons
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person adversely affected by any pattern or practice of telemarketing which violates any rule of the Commission under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim), or an authorized person acting on such person’s behalf, may, within 3 years after discovery of the violation, bring a civil action in an appropriate district court of the United States against a person who has engaged or is engaging in such pattern or practice of telemarketing if the amount in controversy exceeds the sum or value of $50,000 in actual damages for each person adversely affected by such telemarketing. Such an action may be brought to enjoin such telemarketing, to enforce compliance with any rule of the Commission under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim), to obtain damages, or to obtain such further and other relief as the court may deem appropriate.
**(b) Notice** The plaintiff shall serve prior written notice of the action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the person shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal.
**(c) Action by Commission or the Bureau of Consumer Financial Protection** Whenever a civil action has been instituted by or on behalf of the Commission or the Bureau of Consumer Financial Protection for violation of any rule prescribed under [section 6102 of this title](htt
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Stable record: federal_law:legal_authorities:record_usc_aecef4ab9c4bab6295a100d5
Source file: Laws/federal/codes/united-states-code/title-15/section-6104-actions-by-private-persons--090ea2fcca.md
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Passage SHA-256: 7a7729ebd18fb318668361335aa437b0b2c326602de753024c256e22b4e4b6f3
Source location: Title 15, Chapter 87, § 6104; chapter-087-telemarketing-and-consumer-fraud-and-abuse-prevention.md
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**(a) In general** Any person adversely affected by any pattern or practice of telemarketing which violates any rule of the Commission under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim), or an authorized person acting on such person’s behalf, may, within 3 years after discovery of the violation, bring a civil action in an appropriate district court of the United States against a person who has engaged or is engaging in such pattern or practice of telemarketing if the amount in controversy exceeds the sum or value of $50,000 in actual damages for each person adversely affected by such telemarketing. Such an action may be brought to enjoin such telemarketing, to enforce compliance with any rule of the Commission under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim), to obtain damages, or to obtain such further and other relief as the court may deem appropriate.
**(b) Notice** The plaintiff shall serve prior written notice of the action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the person shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal.
**(c) Action by Commission or the Bureau of Consumer Financial Protection** Whenever a civil action has been instituted by or on behalf of the Commission or the Bureau of Consumer Financial Protection for violation of any rule prescribed under [section 6102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6102&num=0&edition=prelim), no person may, during the pendency of such action instituted by or on behalf of the Commission or the Bureau of Consumer Financial Protection, institute a civil action against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint.
**(d) Cost and fees** The court, in issuing any final order in any action brought under subsection (a), may award costs of suit and reasonable fees for attorneys and expert witnesses to the prevailing party.
**(e) Construction** Nothing in this section shall restrict any right which any person may have under any statute or common law.
**(f) Venue; service of process** Any civil action brought under subsection (a) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under [section 1391 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1391&num=0&edition=prelim). Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1391
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The Commission shall prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices.
(2) The Commission shall include in such rules respecting deceptive telemarketing acts or practices a definition of deceptive telemarketing acts or practices which shall include fraudulent charitable solicitations, and which may include acts or practices of entities or individuals that assist or facilitate deceptive telemarketing, including credit card laundering.
(3) The Commission shall include in such rules respecting other abusive telemarketing acts or practices—
(A) a requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer’s right to privacy,
(B) restrictions on the hours of the day and night when unsolicited telephone calls can be made to consumers,
(C) a requirement that any person engaged in telemarketing for the sale of goods or services shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to sell goods or services and make such other disclosures as the Commission deems appropriate, including the nature and price of the goods and services; 11 So in original. The semicolon probably should be a comma. and
(D) a requirement that any person engaged in telemarketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailin
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6102
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Federal law — U.S. Code and appendices · legal_authorities
Page 2222
TITLE 15—COMMERCE AND TRADE
§ 6103
§ 6103. Actions by States
(a) In general
Whenever an attorney general of any State
has reason to believe that the interests of the
residents of that State have been or are being
threatened or adversely affected because any
person has engaged or is engaging in a pattern
or practice of telemarketing which violates any
rule of the Commission under section 6102 of this
title, the State, as parens patriae, may bring a
civil action on behalf of its residents in an ap-
propriate district court of the United States to
enjoin such telemarketing, to enforce compli-
ance with such rule of the Commission, to ob-
tain damages, restitution, or other compensa-
tion on behalf of residents of such State, or to
obtain such further and other relief as the court
may deem appropriate.
(b) Notice
The State shall serve prior written notice of
any civil action under subsection (a) or (f)(2)
upon the Commission and provide the Commis-
sion with a copy of its complaint, except that if
it is not feasible for the State to provide such
prior notice, the State shall serve such notice
immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the
Commission shall have the right (1) to intervene
in such action, (2) upon so intervening, to be
heard on all matters arising therein, and (3) to
file petitions for appeal.
(c) Construction
For purposes of bringing any civil action
under subsection (a), nothing in this chapter
shall prevent an attorney general from exer-
cising the powers conferred on the attorney gen-
eral by the laws of such State to conduct inves-
tigations or to administer oaths or affirmations
or to compel the attendance of witnesses or the
production of documentary and other evi
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