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1. LII
2. U.S. Code
3. Title 15
4. CHAPTER 91
5. § 6504
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15 U.S. CODE § 6504 - ACTIONS BY STATES
* U.S. Code
* Notes
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(a) In general
(1) Civil actionsIn 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 generalBefore 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), the Commission shall have the right
to intervene in the action that is the subject of the notice.
(2) Effect of interventionIf 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
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) ConstructionFor 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
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) 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) 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 processIn 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.)
Statutory Notes and Related Subsidiaries
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.
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