15 U.S.C. § 6504 : US Code - Section 6504: Actions by States

Search 15 U.S.C. § 6504 : US Code - Section 6504: Actions by States

(a) In general
(1) Civil actions
In any case in which the attorney general of a State has reason
to believe that an interest of the residents of that State has
been or is threatened or adversely affected by the engagement of
any person in a practice that violates any regulation of the
Commission prescribed under section 6502(b) of this title, the
State, as parens patriae, may bring a civil action on behalf of
the residents of the State in a district court of the United
States of appropriate jurisdiction to -
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other compensation on
behalf of residents of the State; or
(D) obtain such other relief as the court may consider to be
appropriate.
(2) Notice
(A) In general
Before filing an action under paragraph (1), the attorney
general of the State involved shall provide to the Commission -

(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) Exemption
(i) In general
Subparagraph (A) shall not apply with respect to the filing
of an action by an attorney general of a State under this
subsection, if the attorney general determines that it is not
feasible to provide the notice described in that subparagraph
before the filing of the action.
(ii) Notification
In an action described in clause (i), the attorney general
of a State shall provide notice and a copy of the complaint
to the Commission at the same time as the attorney general
files the action.
(b) Intervention
(1) In general
On receiving notice under subsection (a)(2) of this section,
the Commission shall have the right to intervene in the action
that is the subject of the notice.
(2) Effect of intervention
If the Commission intervenes in an action under subsection (a)
of this section, it shall have the right -
(A) to be heard with respect to any matter that arises in
that action; and
(B) to file a petition for appeal.
(3) Amicus curiae
Upon application to the court, a person whose self-regulatory
guidelines have been approved by the Commission and are relied
upon as a defense by any defendant to a proceeding under this
section may file amicus curiae in that proceeding.
(c) Construction
For purposes of bringing any civil action under subsection (a) of
this section, nothing in this chapter shall be construed to prevent
an attorney general of a State from exercising the powers conferred
on the attorney general by the laws of that State to -
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by Commission
In any case in which an action is instituted by or on behalf of
the Commission for violation of any regulation prescribed under
section 6502 of this title, no State may, during the pendency of
that action, institute an action under subsection (a) of this
section against any defendant named in the complaint in that action
for violation of that regulation.
(e) Venue; service of process
(1) Venue
Any action brought under subsection (a) of this section may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28.
(2) Service of process
In an action brought under subsection (a) of this section,
process may be served in any district in which the defendant -
(A) is an inhabitant; or
(B) may be found.