§ 6504. — 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: 15USC6504]
TITLE 15--COMMERCE AND TRADE
CHAPTER 91--CHILDREN'S ONLINE PRIVACY PROTECTION
Sec. 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
Subparagraph (A) shall not apply with respect to the
filing of an action by an attorney general of a State under
this subsection, if the attorney general determines that it
is not feasible to provide the notice described in that
subparagraph before the filing of the action.
(ii) Notification
In an action described in clause (i), the attorney
general of a State shall provide notice and a copy of the
complaint to the Commission at the same time as the attorney
general files the action.
(b) Intervention
(1) In general
On receiving notice under subsection (a)(2) of this section, the
Commission shall have the right to intervene in the action that is
the subject of the notice.
(2) Effect of intervention
If the Commission intervenes in an action under subsection (a)
of this section, 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
Upon application to the court, a person whose self-regulatory
guidelines have been approved by the Commission and are relied upon
as a defense by any defendant to a proceeding under this section may
file amicus curiae in that proceeding.
(c) Construction
For purposes of bringing any civil action under subsection (a) of
this section, 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
In any case in which an action is instituted by or on behalf of the
Commission for violation of any regulation prescribed under section 6502
of this title, no State may, during the pendency of that action,
institute an action under subsection (a) of this section against any
defendant named in the complaint in that action for violation of that
regulation.
(e) Venue; service of process
(1) Venue
Any action brought under subsection (a) of this section may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28.
(2) Service of process
In an action brought under subsection (a) of this section,
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, Sec. 1305, Oct. 21, 1998, 112
Stat. 2681-733.)
Effective Date
For effective date of section, see section 1308 of Pub. L. 105-277,
set out as a note under section 6501 of this title.
