15 U.S.C. § 6504 — Actions by States

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) Expedited response to requests The Commission shall act upon requests for safe harbor treatment within 180 days of the filing of the request, and shall set forth in writing its conclusions with regard to such re- quests. (c) Appeals Final action by the Commission on a request for approval of guidelines, or the failure to act within 180 days on a request for approval of guidelines, submitted under subsection (b) may be appealed to a district court of the United States of appropriate jurisdiction as provided for in section 706 of title 5. (Pub. L. 105–277, div. C, title XIII, § 1304, Oct. 21, 1998, 112 Stat. 2681–732.) § 6504. Actions by States (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 en- gagement of any person in a practice that vio- lates any regulation of the Commission pre- scribed under section 6502(b) of this title, the State, as parens patriae, may bring a civil ac- tion on behalf of the residents of the State in a district court of the United States of appro- priate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with the regula- tion; (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 in- volved shall provide to the Commission— (i) written notice of that action; and (ii) a copy of the complaint for that ac- tion. (B) Exemption (i) In general Subparagraph (A) shall not apply with respect to the filing of an action by an at- torney general of a State under this sub- section, 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 attor- ney general files the action. (b) Intervention (1) In general On receiving notice under subsection (a)(2), the Commission shall have the right to inter- vene 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 ap- proved 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 Page 2247 TITLE 15—COMMERCE AND TRADE § 6505 1 See References in Text note below. 2 So in original. Probably should be subsection ‘‘(b)’’. shall be construed to prevent an attorney gen- eral of a State from exercising the powers con- ferred 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 evi- dence. (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, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the com- plaint in that action for violation of that regu- lation. (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 require- ments relating to venue under section 1391 of title 28. (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. (Pub. L. 105–277, div. C, title XIII, § 1305, Oct. 21, 1998, 112 Stat. 2681–733.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of section, see section 1308 of Pub. L. 105–277, set out as a note under section 6501 of this title. § 6505. Administration and applicability (a) In general Except as otherwise provided, this chapter shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Provisions Compliance with the requirements imposed under this chapter shall be enforced under— (1) section 8 of the Federal Deposit Insur- ance Act (12 U.S.C. 1818), in the case of— (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Cur- rency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agen- cies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) 1 of the Federal Reserve Act (12 U.S.C. 601 et seq. and 611 et. seq.), by the Board; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit In- surance Corporation; (2) section 8 of the Federal Deposit Insur- ance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Cor- poration; (3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit Union Ad- ministration Board with respect to any Fed- eral credit union; (4) part A of subtitle VII of title 49 by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part; (5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et. seq.) (except as provided in sec- tion 406 of that Act (7 U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and (6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Fed- eral land bank association, Federal inter- mediate credit bank, or production credit as- sociation. (c) Exercise of certain powers For the purpose of the exercise by any agency referred to in subsection (a) 2 of its powers under any Act referred to in that subsection, a viola- tion of any requirement imposed under this chapter shall be deemed to be a violation of a re- quirement imposed under that Act. In addition to its powers under any provision of law specifi- cally referred to in subsection (a),2 each of the agencies referred to in that subsection may ex- ercise, for the purpose of enforcing compliance with any requirement imposed under this chap- ter, any other authority conferred on it by law. (d) Actions by Commission The Commission shall prevent any person from violating a rule of the Commission under section 6502 of this title 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 Com- mission Act (15 U.S.C. 41 et seq.) were incor- porated into and made a part of this chapter. Any entity that violates such rule shall be sub- ject to the penalties and entitled to the privi- leges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this chapter. (e) Effect on other laws Nothing contained in this chapter shall be construed to limit the authority of the Commis- sion under any other provisions of law.