Sec. 5. Enforcement at retail level by State attorneys general
325 words·~1 min read·
/bill/118/hr/2596/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An attorney general of a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act, involving a retail sale. The attorney general of a State shall serve written notice to the Federal Trade Commission of any civil action under subsection
(a)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 such notice immediately upon instituting such civil action. If the Federal Trade Commission or the Federal Energy Regulatory Commission has initiated a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this section during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the Federal Energy Regulatory Commission for any violation of this Act alleged in the complaint. For purposes of bringing any civil action under subsection (a), nothing in this section shall be construed to 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, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall be construed to prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State.