Sec. 1002. Enforcement by States

496 words·~2 min read·/bill/119/s/2932/is/section-1002

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

In any case in which the attorney general or a consumer protection officer of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by a person engaging in an act or practice that violates a provision or amendment contained in title I, II, III, IV, or V of this Act, the attorney general or a consumer protection officer of the State may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or in an appropriate State court to— enjoin such act or practice; enforce compliance with any such provision or amendment; 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 appropriate.

Except as provided in subparagraph (C), the attorney general or a consumer protection officer of a State, before initiating a civil action under subsection

(a)shall notify the Commission in writing that the attorney general or consumer protection officer intends to bring such civil action. The notification required by subparagraph

(A)shall include a copy of the complaint to be filed to initiate the civil action. If it is not feasible for the attorney general or a consumer protection officer of a State to provide the notification required by subparagraph

(A)before initiating a civil action under subsection (a), the attorney general or consumer protection officer shall notify the Commission immediately upon instituting the civil action. The Commission may— intervene in any civil action brought by the attorney general or a consumer protection officer of a State under subsection (a); and upon intervening— be heard on all matters arising in the civil action; and file petitions for appeal. No provision of this section shall be construed as altering, limiting, or affecting the authority of an attorney general or a consumer protection officer of a State to— bring an action or other regulatory proceeding arising under the law in effect in that State; or exercise the powers conferred on the attorney general or consumer protection officer by the laws of the State, including the ability to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documents 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, or an appropriate State court. 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. Nothing in this section may be construed to prohibit an attorney general or a consumer protection officer 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.