15 USC 1679h - Administrative enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 1679h.

Administrative enforcement

(a)

In general

(b)

Violations of this subchapter treated as violations of Federal Trade Commission Act

(1)

In general

(2)

Enforcement authority under other law

All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this subchapter by any person subject to enforcement by the Federal Trade Commission pursuant to this subsection, including the power to enforce the provisions of this subchapter in the same manner as if the violation had been a violation of any Federal Trade Commission trade regulation rule, without regard to whether the credit repair organization—

(A)

is engaged in commerce; or

(B)

meets any other jurisdictional tests in the Federal Trade Commission Act.

(c)

State action for violations

(1)

Authority of States

In addition to such other remedies as are provided under State law, whenever the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this subchapter, the State—

(A)

may bring an action to enjoin such violation;

(B)

may bring an action on behalf of its residents to recover damages for which the person is liable to such residents under section 1679g of this title as a result of the violation; and

(C)

in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court.

(2)

Rights of Commission

(A)

Notice to Commission

(B)

Intervention

The Commission shall have the right—

(i)

to intervene in any action referred to in subparagraph (A);

(ii)

upon so intervening, to be heard on all matters arising in the action; and

(iii)

to file petitions for appeal.

(3)

Investigatory powers

(4)

Limitation

(Pub. L. 90–321, title IV, § 410, as added Pub. L. 104–208, div. A, title II, § 2451, Sept. 30, 1996, 110 Stat. 3009–460.)

cite as: 15 USC 1679h