
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: 15USC6104]

 
                      TITLE 15--COMMERCE AND TRADE
 
    CHAPTER 87--TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION
 
Sec. 6104. Actions by private persons


(a) In general

    Any person adversely affected by any pattern or practice of 
telemarketing which violates any rule of the Commission under section 
6102 of this title, or an authorized person acting on such person's 
behalf, may, within 3 years after discovery of the violation, bring a 
civil action in an appropriate district court of the United States 
against a person who has engaged or is engaging in such pattern or 
practice of telemarketing if the amount in controversy exceeds the sum 
or value of $50,000 in actual damages for each person adversely affected 
by such telemarketing. Such an action may be brought to enjoin such 
telemarketing, to enforce compliance with any rule of the Commission 
under section 6102 of this title, to obtain damages, or to obtain such 
further and other relief as the court may deem appropriate.

(b) Notice

    The plaintiff shall serve prior written notice of the action upon 
the Commission and provide the Commission with a copy of its complaint, 
except in any case where such prior notice is not feasible, in which 
case the person shall serve such notice immediately upon instituting 
such action. The Commission shall have the right (A) to intervene in the 
action, (B) upon so intervening, to be heard on all matters arising 
therein, and (C) to file petitions for appeal.

(c) Action by Commission

    Whenever a civil action has been instituted by or on behalf of the 
Commission for violation of any rule prescribed under section 6102 of 
this title, no person may, during the pendency of such action instituted 
by or on behalf of the Commission, institute a civil action against any 
defendant named in the complaint in such action for violation of any 
rule as alleged in such complaint.

(d) Cost and fees

    The court, in issuing any final order in any action brought under 
subsection (a) of this section, may award costs of suit and reasonable 
fees for attorneys and expert witnesses to the prevailing party.

(e) Construction

    Nothing in this section shall restrict any right which any person 
may have under any statute or common law.

(f) Venue; service of process

    Any civil action brought under subsection (a) of this section in a 
district court of the United States may be brought in the district in 
which the defendant is found, is an inhabitant, or transacts business or 
wherever venue is proper under section 1391 of title 28. Process in such 
an action may be served in any district in which the defendant is an 
inhabitant or in which the defendant may be found.

(Pub. L. 103-297, Sec. 5, Aug. 16, 1994, 108 Stat. 1549.)

                  Section Referred to in Other Sections

    This section is referred to in section 6105 of this title.
