15 U.S.C. § 6103 — Actions by States

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 evidence. (d) Actions by Commission or the Bureau of Con- sumer 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, no State may, during the pendency of such action instituted by or on behalf of the Commis- sion or the Bureau of Consumer Financial Pro- tection, institute a civil action under subsection (a) or (f)(2) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) 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. Process in such an action may be served in any district in which the defendant is an in- habitant or in which the defendant may be found. (f) Actions by other State officials (1) Nothing contained in this section shall pro- hibit an authorized State official from pro- ceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) In addition to actions brought by an attor- ney general of a State under subsection (a), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. (Pub. L. 103–297, § 4, Aug. 16, 1994, 108 Stat. 1548; Pub. L. 111–203, title X, § 1100C(b), July 21, 2010, 124 Stat. 2111.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 103–297, Aug. 16, 1994, 108 Stat. 1545, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. AMENDMENTS 2010—Subsec. (d). Pub. L. 111–203 inserted ‘‘or the Bu- reau of Consumer Financial Protection’’ after ‘‘Com- mission’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. § 6104. Actions by private persons (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, or an authorized person acting on such person’s behalf, may, within 3 years after dis- covery 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 per- son 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, to obtain damages, or to obtain such fur- ther and other relief as the court may deem ap- propriate. (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 inter- vening, to be heard on all matters arising there- in, and (C) to file petitions for appeal. (c) Action by Commission or the Bureau of Con- sumer 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