15 USC 6504 - Actions by States

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

§ 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 engagement of any person in a practice that violates any regulation of the Commission prescribed under section 6502(b) of this title, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—

(A)

enjoin that practice;

(B)

enforce compliance with the regulation;

(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 involved shall provide to the Commission—

(i)

written notice of that action; and

(ii)

a copy of the complaint for that action.

(B)

Exemption

(i)

In general

(ii)

Notification

(b)

Intervention

(1)

In general

(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

(c)

Construction

For purposes of bringing any civil action under subsection (a), nothing in this chapter shall be construed to prevent an attorney general of a State from exercising the powers conferred 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 evidence.

(d)

Actions by Commission

(e)

Venue; service of process

(1)

Venue

(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.)

cite as: 15 USC 6504