Sec. 5. Enforcement
709 words·~3 min read·
/bill/116/s/1850/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A violation of a rule prescribed pursuant to section 3 or 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act.
Except as provided in paragraph (6), 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 a rule prescribed under section 3 or 4, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction to— enjoin that practice; enforce compliance with the rule; obtain damages, restitution, or other compensation on behalf of residents of the State; and obtain such other relief as the court may consider to be appropriate.
The State shall serve written notice to the Commission of any civil action under paragraph
(1)at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. Upon receiving the notice required by paragraph (2), the Commission may intervene in such civil action and upon intervening— be heard on all matters arising in such civil action; remove the action to the appropriate United States district court; and file petitions for appeal of a decision in such civil action. Nothing in this subsection shall prevent the attorney general of a State 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. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. In a civil action brought under paragraph (1)— the venue shall be a judicial district in which the defendant or a related party is found, is an inhabitant, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code; process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and a person who participated with a defendant or related party in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under paragraph
(1)against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. If a State prevails in any civil action under paragraph (1), the State can recover reasonable costs and attorney fees from the lender or related party. Any person who suffers injury as a result of another person’s violation of a rule prescribed pursuant to section 3 or 4, may bring a civil action against such person in a United States district court and may recover from such person damages for such injury plus $1,000 for each requirement or prohibited act set forth in such sections that such person violated with respect to a ticket sold to the person bringing such action, and reasonable attorneys’ fees and costs.
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