§ 57b. — Civil actions for violations of rules and cease and desist orders respecting unfair or deceptive acts or practices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC57b]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER I--FEDERAL TRADE COMMISSION
Sec. 57b. Civil actions for violations of rules and cease and
desist orders respecting unfair or deceptive acts or practices
(a) Suits by Commission against persons, partnerships, or corporations;
jurisdiction; relief for dishonest or fraudulent acts
(1) If any person, partnership, or corporation violates any rule
under this subchapter respecting unfair or deceptive acts or practices
(other than an interpretive rule, or a rule violation of which the
Commission has provided is not an unfair or deceptive act or practice in
violation of section 45(a) of this title), then the Commission may
commence a civil action against such person, partnership, or corporation
for relief under subsection (b) of this section in a United States
district court or in any court of competent jurisdiction of a State.
(2) If any person, partnership, or corporation engages in any unfair
or deceptive act or practice (within the meaning of section 45(a)(1) of
this title) with respect to which the Commission has issued a final
cease and desist order which is applicable to such person, partnership,
or corporation, then the Commission may commence a civil action against
such person, partnership, or corporation in a United States district
court or in any court of competent jurisdiction of a State. If the
Commission satisfies the court that the act or practice to which the
cease and desist order relates is one which a reasonable man would have
known under the circumstances was dishonest or fraudulent, the court may
grant relief under subsection (b) of this section.
(b) Nature of relief available
The court in an action under subsection (a) of this section shall
have jurisdiction to grant such relief as the court finds necessary to
redress injury to consumers or other persons, partnerships, and
corporations resulting from the rule violation or the unfair or
deceptive act or practice, as the case may be. Such relief may include,
but shall not be limited to, rescission or reformation of contracts, the
refund of money or return of property, the payment of damages, and
public notification respecting the rule violation or the unfair or
deceptive act or practice, as the case may be; except that nothing in
this subsection is intended to authorize the imposition of any exemplary
or punitive damages.
(c) Conclusiveness of findings of Commission in cease and desist
proceedings; notice of judicial proceedings to injured persons,
etc.
(1) If (A) a cease and desist order issued under section 45(b) of
this title has become final under section 45(g) of this title with
respect to any person's, partnership's, or corporation's rule violation
or unfair or deceptive act or practice, and (B) an action under this
section is brought with respect to such person's, partnership's, or
corporation's rule violation or act or practice, then the findings of
the Commission as to the material facts in the proceeding under section
45(b) of this title with respect to such person's, partnership's, or
corporation's rule violation or act or practice, shall be conclusive
unless (i) the terms of such cease and desist order expressly provide
that the Commission's findings shall not be conclusive, or (ii) the
order became final by reason of section 45(g)(1) of this title, in which
case such finding shall be conclusive if supported by evidence.
(2) The court shall cause notice of an action under this section to
be given in a manner which is reasonably calculated, under all of the
circumstances, to apprise the persons, partnerships, and corporations
allegedly injured by the defendant's rule violation or act or practice
of the pendency of such action. Such notice may, in the discretion of
the court, be given by publication.
(d) Time for bringing of actions
No action may be brought by the Commission under this section more
than 3 years after the rule violation to which an action under
subsection (a)(1) of this section relates, or the unfair or deceptive
act or practice to which an action under subsection (a)(2) of this
section relates; except that if a cease and desist order with respect to
any person's, partnership's, or corporation's rule violation or unfair
or deceptive act or practice has become final and such order was issued
in a proceeding under section 45(b) of this title which was commenced
not later than 3 years after the rule violation or act or practice
occurred, a civil action may be commenced under this section against
such person, partnership, or corporation at any time before the
expiration of one year after such order becomes final.
(e) Availability of additional Federal or State remedies; other
authority of Commission unaffected
Remedies provided in this section are in addition to, and not in
lieu of, any other remedy or right of action provided by State or
Federal law. Nothing in this section shall be construed to affect any
authority of the Commission under any other provision of law.
(Sept. 26, 1914, ch. 311, Sec. 19, as added Pub. L. 93-637, title II,
Sec. 206(a), Jan. 4, 1975, 88 Stat. 2201.)
Effective Date
Section 206(b) of Pub. L. 93-637 provided that: ``The amendment made
by subsection (a) of this section [enacting this section] shall not
apply to--
``(1) any violation of a rule to the extent that such violation
occurred before the date of enactment of this Act [Jan. 4, 1975], or
``(2) any act or practice with respect to which the Commission
issues a cease-and-desist order, to the extent that such act or
practice occurred before the date of enactment of this Act [Jan. 4,
1975], unless such order was issued after such date and the person,
partnership or corporation against whom such an order was issued had
been notified in the complaint, or in the notice or order attached
thereto, that consumer redress may be sought.''
Section Referred to in Other Sections
This section is referred to in sections 45, 56 of this title; title
21 section 378.
