§ 6104. — Actions by private persons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6104]
TITLE 15--COMMERCE AND TRADE
CHAPTER 87--TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION
Sec. 6104. Actions by private persons
(a) In general
Any person adversely affected by any pattern or practice of
telemarketing which violates any rule of the Commission under section
6102 of this title, or an authorized person acting on such person's
behalf, may, within 3 years after discovery of the violation, bring a
civil action in an appropriate district court of the United States
against a person who has engaged or is engaging in such pattern or
practice of telemarketing if the amount in controversy exceeds the sum
or value of $50,000 in actual damages for each person adversely affected
by such telemarketing. Such an action may be brought to enjoin such
telemarketing, to enforce compliance with any rule of the Commission
under section 6102 of this title, to obtain damages, or to obtain such
further and other relief as the court may deem appropriate.
(b) Notice
The plaintiff shall serve prior written notice of the action upon
the Commission and provide the Commission with a copy of its complaint,
except in any case where such prior notice is not feasible, in which
case the person shall serve such notice immediately upon instituting
such action. The Commission shall have the right (A) to intervene in the
action, (B) upon so intervening, to be heard on all matters arising
therein, and (C) to file petitions for appeal.
(c) Action 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 person may, during the pendency of such action instituted
by or on behalf of the Commission, institute a civil action against any
defendant named in the complaint in such action for violation of any
rule as alleged in such complaint.
(d) Cost and fees
The court, in issuing any final order in any action brought under
subsection (a) of this section, may award costs of suit and reasonable
fees for attorneys and expert witnesses to the prevailing party.
(e) Construction
Nothing in this section shall restrict any right which any person
may have under any statute or common law.
(f) 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.
(Pub. L. 103-297, Sec. 5, Aug. 16, 1994, 108 Stat. 1549.)
Section Referred to in Other Sections
This section is referred to in section 6105 of this title.
