Sec. 4. Enforcement by States
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/bill/114/hr/5212/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 an act or practice which violates any rule of the Commission issued under section 3 of this Act or the Trade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et seq.), 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 violative act or practice, 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 determine appropriate.
The State shall provide prior written notice of any civil action under subsection
(a)or (f)(2) to 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 provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right— to intervene in such action; upon so intervening, to be heard on all matters arising therein; to remove the action to the appropriate United States district court; and to file petitions for appeal. For purposes of bringing any civil action under subsection (a), nothing in this Act 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. Whenever a civil action has been instituted by or on behalf of the Commission for violation of any rule prescribed under section 3 of this Act, 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. 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, United States Code. 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. 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. 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.
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Sec. 4
Enforcement by States
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