
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC5712]

 
                      TITLE 15--COMMERCE AND TRADE
 
         CHAPTER 83--TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION
 
 SUBCHAPTER I--REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN 
                  CONNECTION WITH PAY-PER-CALL SERVICES
 
Sec. 5712. Actions by States


(a) In general

    Whenever an attorney general of any State has reason to believe that 
the interests of the residents of that State have been or are being 
threatened or adversely affected because any person has engaged or is 
engaging in a pattern or practice which violates any rule of the 
Commission under section 5711(a) of this title, the State may bring a 
civil action on behalf of its residents in an appropriate district court 
of the United States to enjoin such pattern or practice, to enforce 
compliance with such rule of the Commission, to obtain damages on behalf 
of their residents, or to obtain such further and other relief as the 
court may deem appropriate.

(b) Notice

    The State shall serve prior written notice of any civil action under 
subsection (a) of this section upon the Commission and provide the 
Commission with a copy of its complaint, except that if it is not 
feasible for the State to provide such prior notice, the State shall 
serve such notice immediately upon instituting such action. Upon 
receiving a notice respecting a civil action, the Commission shall have 
the right (1) to intervene in such action, (2) upon so intervening, to 
be heard on all matters arising therein, and (3) to file petitions for 
appeal.

(c) Venue

    Any civil action brought under this section in a district court of 
the United States may be brought in the district wherein the defendant 
is found or is an inhabitant or transacts business or wherein the 
violation occurred or is occurring, and process in such cases may be 
served in any district in which the defendant is an inhabitant or 
wherever the defendant may be found.

(d) Investigatory powers

    For purposes of bringing any civil action under this section, 
nothing in this chapter shall prevent the attorney general 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.

(e) Effect on State court proceedings

    Nothing contained in this section shall prohibit an authorized State 
official from proceeding in State court on the basis of an alleged 
violation of any general civil or criminal antifraud statute of such 
State.

(f) Limitation

    Whenever the Commission has instituted a civil action for violation 
of any rule or regulation under this chapter, no State may, during the 
pendency of such action instituted by the Commission, subsequently 
institute a civil action against any defendant named in the Commission's 
complaint for violation of any rule as alleged in the Commission's 
complaint.

(g) Actions by other State officials

    (1) Nothing contained in this section shall prohibit an authorized 
State official from proceeding in State court on the basis of an alleged 
violation of any general civil or criminal statute of such State.
    (2) In addition to actions brought by an attorney general of a State 
under subsection (a) of this section, such an action may be brought by 
officers of such State who are authorized by the State to bring actions 
in such State for protection of consumers and who are designated by the 
Commission to bring an action under subsection (a) of this section 
against persons that the Commission has determined have or are engaged 
in a pattern or practice which violates a rule of the Commission under 
section 5711(a) of this title.

(Pub. L. 102-556, title II, Sec. 202, Oct. 28, 1992, 106 Stat. 4190.)

                       References in Text

    This chapter, referred to in subsecs. (d) and (f), was in the 
original ``this Act'', meaning Pub. L. 102-556, Oct. 28, 1992, 106 Stat. 
4181, known as the Telephone Disclosure and Dispute Resolution Act. For 
complete classification of this Act to the Code, see References in Text 
note set out under section 5701 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 5713 of this title.
