Sec. 5. Enforcement by State attorneys general

378 words·~2 min read·/bill/117/hr/1816/ih/section-5

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

Except as provided in subsection (e), the attorney general of a State, alleging a violation of this Act or any regulation issued under this Act that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. A State shall provide prior written notice to the Federal Trade Commission of any civil action under subsection

(a)together 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. The Commission may intervene in such civil action and upon intervening— be heard on all matters arising in such civil action; and file petitions for appeal of a decision in such civil action. Nothing in this section shall be construed— to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or to 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. An action may not be brought under subsection

(a)if the same alleged violation is the subject of a pending action by the Commission or the United States. An action— may not be brought under subsection

(a)until the expiration of the 60-day period that begins on the date on which a violation is discovered by the Commission or the date on which the Commission is notified of the violation; and may only be brought under subsection

(a)if the Commission does not bring an action related to the violation during such period. Prior to bringing any action under this section, the state attorney general shall notify a controller of alleged violations and provide them with 30 days to cure a non-wilful violations of this Act before commencing an enforcement action.