§ 6103. — Actions by States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6103]
TITLE 15--COMMERCE AND TRADE
CHAPTER 87--TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION
Sec. 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 appropriate district court of the United States to enjoin such
telemarketing, to enforce compliance with such rule of the Commission,
to obtain damages, restitution, or other compensation 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) of this section upon the Commission and provide
the Commission 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) of
this section, nothing in this chapter shall prevent an attorney general
from exercising the powers conferred on the attorney general by the laws
of such State to conduct investigations 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
Whenever a civil action has been instituted by or on behalf of the
Commission 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 Commission, institute a civil action under
subsection (a) or (f)(2) of this section 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) of this section 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
inhabitant or in which the defendant may be found.
(f) Actions by other State officials
(1) Nothing contained in this section shall prohibit an authorized
State official from proceeding 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 attorney general of a State
under subsection (a) of this section, 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, Sec. 4, Aug. 16, 1994, 108 Stat. 1548.)
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 generally 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.
Section Referred to in Other Sections
This section is referred to in section 6105 of this title.
