Sec. 154. Enforcement by States

556 words·~3 min read·/bill/113/hr/4711/ih/section-154

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 adversely affected by a covered entity who violates any part of this title in a manner that results in economic or physical harm to an individual or engages in a pattern or practice that violates any part of this title other than section 143, the attorney general may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— to enjoin further violation of this title or a regulation promulgated under this title by the defendant; to compel compliance with this title or a regulation promulgated under this title; or for violations of this title or a regulation promulgated under this title to obtain civil penalties in the amount determined under section title.

Except as provided in subparagraph (C), the attorney general of a State shall notify the Commission in writing of any civil action under subsection (b), prior to initiating such civil action. The notice required by subparagraph

(A)shall include a copy of the complaint to be filed to initiate such civil action. If it is not feasible for the attorney general of a State to provide the notice required by subparagraph (A), the State shall provide notice immediately upon instituting a civil action under subsection (b). Upon receiving notice required by paragraph

(1)with respect to a civil action, the Commission may— intervene in such action; and upon intervening— be heard on all matters arising in such civil action; and file petitions for appeal of a decision in such action. If the Commission institutes a civil action for violation of this title or a regulation promulgated under this title, no attorney general of a State may bring a civil action under subsection

(a)against any defendant named in the complaint of the Commission for violation of this title or a regulation promulgated under this title that is alleged in such complaint. Nothing in this section may be construed to prevent the attorney general of a State from exercising the powers conferred on such 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. 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, United States Code; or another court of competent jurisdiction. In an action brought under subsection (a), process may be served in any district in which the defendant— is an inhabitant; or may be found. In addition to civil actions brought by attorneys general under subsection (a), any other officer of a State who is authorized by the State to do so may bring a civil action under subsection (a), subject to the same requirements and limitations that apply under this section to civil actions brought by attorneys general. Nothing in this section may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.