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15 U.S.C. § 2103 — Enforcement by Federal Trade Commission

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

15 U.S.C. § 2103 — Enforcement by Federal Trade Commission

**(a) Statutory authority** Except as provided in [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2102&num=0&edition=prelim), this chapter shall be enforced by the Federal Trade Commission under 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.]. **(b) Incorporation of Federal Trade Commission Act provisions** The Commission shall prevent any person from violating the provisions of this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of 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.] were incorporated into and made a part of this chapter; and any such person violating the provisions of this chapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this chapter.

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Stable record: federal_law:legal_authorities:record_usc_ee7b46242fc5fd1ce3c89f41
Source file: Laws/federal/codes/united-states-code/title-15/section-2103-enforcement-by-federal-trade-commission--4f2e02be32.md
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Source location: Title 15, Chapter 48, § 2103; chapter-048-hobby-protection.md

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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. § 2101 — Marking requirements

**(a) Political items** The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation political item which is not plainly and permanently marked with the calendar year in which such item was manufactured, is unlawful and is an unfair or deceptive act or practice in commerce under 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.]. **(b) Coins and other numismatic items** The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce, or the sale in commerce of any imitation numismatic item which is not plainly and permanently marked “copy”, is unlawful and is an unfair or deceptive act or practice in commerce under 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.]. **(c) Rules and regulations** The Federal Trade Commission shall prescribe rules for determining the manner and form in which items described in subsection (a) or (b) shall be permanently marked. **(d) Provision of assistance or support** It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b). **(e) Exemption** Subsections (a) 11 So in original. Probably should be followed by a comma. (b), and (d), and regulations under subsection (c), shall not apply to any common carrier or contract carrier or fr

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

15 U.S.C. § 2102 — Private enforcement

**(a) In general** If any person violates section 2101(a) or (b) of this title or a rule under [section 2101(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2101/c&num=0&edition=prelim), any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defendant resides, has an agent, 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). In any such action, the court may award the costs of the suit, including reasonable attorneys’ fees. **(b) Trademark violations** If the violation of section 2101(a) or (b) of this title or a rule under [section 2101(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2101/c&num=0&edition=prelim) also involves unauthorized use of registered trademarks belonging to a collectibles certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sections 34, 35, and 36 of the Trademark Act of 1946 ([15 U.S.C. 1116](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1116&num=0&edition=prelim), 1117, and 1118) for violations of such Act.

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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. § 2103 — Enforcement by Federal Trade Commis-

Page 1777 TITLE 15—COMMERCE AND TRADE § 2105 Subsec. (d). Pub. L. 113–288, § 2(1)(B), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 113–288, § 2(1)(B), (C), redesignated subsec. (d) as (e) and substituted ‘‘(b), and (d)’’ for ‘‘and (b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 93–167, § 8, Nov. 29, 1973, 87 Stat. 687, provided that: ‘‘This Act [enacting this chapter] shall apply only to imitation political items and imitation numismatic items manufactured after the date of enactment of this Act [Nov. 29, 1973].’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–288, § 1, Dec. 19, 2014, 128 Stat. 3281, pro- vided that: ‘‘This Act [amending this section and sec- tions 2102 and 2106 of this title] may be cited as the ‘Collectible Coin Protection Act’.’’ SHORT TITLE Pub. L. 93–167, § 1, Nov. 29, 1973, 87 Stat. 686, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Hobby Protection Act’.’’ § 2102. Private enforcement (a) In general If any person violates section 2101(a) or (b) of this title or a rule under section 2101(c) of this title, any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defend- ant resides, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28. In any such action, the court may award the costs of the suit, including reasonable attor- neys’ fees. (b) Trademark violations If the violation of section 2101(a) or (b) of this title or a rule under section 2101(c) of this title also involves unauthorized use of registered trademarks belonging to a collectibles certifi- cation service, the owner of suc

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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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