Sec. 402. Enforcement by State attorneys general
660 words·~3 min read·
/bill/116/s/4626/is/section-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (h), 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 the engagement of any covered entity in an act or practice that violates this Act or a regulation promulgated under this Act, the attorney general of 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 to— enjoin that act or practice; enforce compliance with this Act or the regulation; obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or obtain such other relief as the court may consider to be appropriate.
Except where not feasible, the attorney general of a State shall notify the Commission in writing prior to initiating a civil action under subsection (a). Such notice shall include a copy of the complaint to be filed to initiate such action. Upon receiving such notice, the Commission may intervene in such action and, upon intervening— be heard on all matters arising in such action; and file petitions for appeal of a decision in such action. Where it is not feasible for the attorney general of a State to provide the notification required by paragraph
(2)before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately after initiating the civil action. Whenever a civil action under subsection
(a)is pending and another civil action or actions are commenced pursuant to such subsection in a different Federal district court or courts that involve one or more common questions of fact, such action or actions shall be transferred for the purposes of consolidated pretrial proceedings and trial to the United States District Court for the District of Columbia; provided however, that no such action shall be transferred if pretrial proceedings in that action have been concluded before a subsequent action is filed by the attorney general of the State. In any case in which a civil action is instituted by or on behalf of the Commission for violation of this Act or a regulation promulgated under this Act, no attorney general of a State may, during the pendency of such action, institute a civil action against any defendant named in the complaint in the action instituted by or on behalf of the Commission for violation of this Act or a regulation promulgated under this Act that is alleged in such complaint. Nothing in this section shall be construed to prevent the attorney general of a State or another authorized official of a State from exercising the powers conferred on the attorney general or the State official by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or 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. 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. Any State official who is authorized by the State attorney general to be the exclusive authority in that State to enforce this Act may bring a civil action under subsection (a), subject to the same requirements and limitations that apply under this section to civil actions brought under such subsection by State attorneys general. Nothing in this section shall 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. This section shall not apply to a violation of section 206 or a regulation promulgated under such section.