47 U.S.C. § 227 : US Code - Section 227: Restrictions on use of telephone equipment

    (a) Definitions
      As used in this section - 
        (1) The term "automatic telephone dialing system" means
      equipment which has the capacity - 
          (A) to store or produce telephone numbers to be called, using
        a random or sequential number generator; and
          (B) to dial such numbers.

        (2) The term "established business relationship", for purposes
      only of subsection (b)(1)(C)(i) of this section, shall have the
      meaning given the term in section 64.1200 of title 47, Code of
      Federal Regulations, as in effect on January 1, 2003, except that
      - 
          (A) such term shall include a relationship between a person
        or entity and a business subscriber subject to the same terms
        applicable under such section to a relationship between a
        person or entity and a residential subscriber; and
          (B) an established business relationship shall be subject to
        any time limitation established pursuant to paragraph
        (2)(G)).(!1)


        (3) The term "telephone facsimile machine" means equipment
      which has the capacity (A) to transcribe text or images, or both,
      from paper into an electronic signal and to transmit that signal
      over a regular telephone line, or (B) to transcribe text or
      images (or both) from an electronic signal received over a
      regular telephone line onto paper.
        (4) The term "telephone solicitation" means the initiation of a
      telephone call or message for the purpose of encouraging the
      purchase or rental of, or investment in, property, goods, or
      services, which is transmitted to any person, but such term does
      not include a call or message (A) to any person with that
      person's prior express invitation or permission, (B) to any
      person with whom the caller has an established business
      relationship, or (C) by a tax exempt nonprofit organization.
        (5) The term "unsolicited advertisement" means any material
      advertising the commercial availability or quality of any
      property, goods, or services which is transmitted to any person
      without that person's prior express invitation or permission, in
      writing or otherwise.
    (b) Restrictions on use of automated telephone equipment
      (1) Prohibitions
        It shall be unlawful for any person within the United States,
      or any person outside the United States if the recipient is
      within the United States - 
          (A) to make any call (other than a call made for emergency
        purposes or made with the prior express consent of the called
        party) using any automatic telephone dialing system or an
        artificial or prerecorded voice - 
            (i) to any emergency telephone line (including any "911"
          line and any emergency line of a hospital, medical physician
          or service office, health care facility, poison control
          center, or fire protection or law enforcement agency);
            (ii) to the telephone line of any guest room or patient
          room of a hospital, health care facility, elderly home, or
          similar establishment; or
            (iii) to any telephone number assigned to a paging service,
          cellular telephone service, specialized mobile radio service,
          or other radio common carrier service, or any service for
          which the called party is charged for the call;

          (B) to initiate any telephone call to any residential
        telephone line using an artificial or prerecorded voice to
        deliver a message without the prior express consent of the
        called party, unless the call is initiated for emergency
        purposes or is exempted by rule or order by the Commission
        under paragraph (2)(B);
          (C) to use any telephone facsimile machine, computer, or
        other device to send, to a telephone facsimile machine, an
        unsolicited advertisement, unless - 
            (i) the unsolicited advertisement is from a sender with an
          established business relationship with the recipient;
            (ii) the sender obtained the number of the telephone
          facsimile machine through - 
              (I) the voluntary communication of such number, within
            the context of such established business relationship, from
            the recipient of the unsolicited advertisement, or
              (II) a directory, advertisement, or site on the Internet
            to which the recipient voluntarily agreed to make available
            its facsimile number for public distribution,

          except that this clause shall not apply in the case of an
          unsolicited advertisement that is sent based on an
          established business relationship with the recipient that was
          in existence before July 9, 2005, if the sender possessed the
          facsimile machine number of the recipient before July 9,
          2005; and
            (iii) the unsolicited advertisement contains a notice
          meeting the requirements under paragraph (2)(D),

        except that the exception under clauses (i) and (ii) shall not
        apply with respect to an unsolicited advertisement sent to a
        telephone facsimile machine by a sender to whom a request has
        been made not to send future unsolicited advertisements to such
        telephone facsimile machine that complies with the requirements
        under paragraph (2)(E); or
          (D) to use an automatic telephone dialing system in such a
        way that two or more telephone lines of a multi-line business
        are engaged simultaneously.
      (2) Regulations; exemptions and other provisions
        The Commission shall prescribe regulations to implement the
      requirements of this subsection. In implementing the requirements
      of this subsection, the Commission - 
          (A) shall consider prescribing regulations to allow
        businesses to avoid receiving calls made using an artificial or
        prerecorded voice to which they have not given their prior
        express consent;
          (B) may, by rule or order, exempt from the requirements of
        paragraph (1)(B) of this subsection, subject to such conditions
        as the Commission may prescribe - 
            (i) calls that are not made for a commercial purpose; and
            (ii) such classes or categories of calls made for
          commercial purposes as the Commission determines - 
              (I) will not adversely affect the privacy rights that
            this section is intended to protect; and
              (II) do not include the transmission of any unsolicited
            advertisement;

          (C) may, by rule or order, exempt from the requirements of
        paragraph (1)(A)(iii) of this subsection calls to a telephone
        number assigned to a cellular telephone service that are not
        charged to the called party, subject to such conditions as the
        Commission may prescribe as necessary in the interest of the
        privacy rights this section is intended to protect;
          (D) shall provide that a notice contained in an unsolicited
        advertisement complies with the requirements under this
        subparagraph only if - 
            (i) the notice is clear and conspicuous and on the first
          page of the unsolicited advertisement;
            (ii) the notice states that the recipient may make a
          request to the sender of the unsolicited advertisement not to
          send any future unsolicited advertisements to a telephone
          facsimile machine or machines and that failure to comply,
          within the shortest reasonable time, as determined by the
          Commission, with such a request meeting the requirements
          under subparagraph (E) is unlawful;
            (iii) the notice sets forth the requirements for a request
          under subparagraph (E);
            (iv) the notice includes - 
              (I) a domestic contact telephone and facsimile machine
            number for the recipient to transmit such a request to the
            sender; and
              (II) a cost-free mechanism for a recipient to transmit a
            request pursuant to such notice to the sender of the
            unsolicited advertisement; the Commission shall by rule
            require the sender to provide such a mechanism and may, in
            the discretion of the Commission and subject to such
            conditions as the Commission may prescribe, exempt certain
            classes of small business senders, but only if the
            Commission determines that the costs to such class are
            unduly burdensome given the revenues generated by such
            small businesses;

            (v) the telephone and facsimile machine numbers and the
          cost-free mechanism set forth pursuant to clause (iv) permit
          an individual or business to make such a request at any time
          on any day of the week; and
            (vi) the notice complies with the requirements of
          subsection (d) of this section;

          (E) shall provide, by rule, that a request not to send future
        unsolicited advertisements to a telephone facsimile machine
        complies with the requirements under this subparagraph only if -
         
            (i) the request identifies the telephone number or numbers
          of the telephone facsimile machine or machines to which the
          request relates;
            (ii) the request is made to the telephone or facsimile
          number of the sender of such an unsolicited advertisement
          provided pursuant to subparagraph (D)(iv) or by any other
          method of communication as determined by the Commission; and
            (iii) the person making the request has not, subsequent to
          such request, provided express invitation or permission to
          the sender, in writing or otherwise, to send such
          advertisements to such person at such telephone facsimile
          machine;

          (F) may, in the discretion of the Commission and subject to
        such conditions as the Commission may prescribe, allow
        professional or trade associations that are tax-exempt
        nonprofit organizations to send unsolicited advertisements to
        their members in furtherance of the association's tax-exempt
        purpose that do not contain the notice required by paragraph
        (1)(C)(iii), except that the Commission may take action under
        this subparagraph only - 
            (i) by regulation issued after public notice and
          opportunity for public comment; and
            (ii) if the Commission determines that such notice required
          by paragraph (1)(C)(iii) is not necessary to protect the
          ability of the members of such associations to stop such
          associations from sending any future unsolicited
          advertisements; and

          (G)(i) may, consistent with clause (ii), limit the duration
        of the existence of an established business relationship,
        however, before establishing any such limits, the Commission
        shall - 
            (I) determine whether the existence of the exception under
          paragraph (1)(C) relating to an established business
          relationship has resulted in a significant number of
          complaints to the Commission regarding the sending of
          unsolicited advertisements to telephone facsimile machines;
            (II) determine whether a significant number of any such
          complaints involve unsolicited advertisements that were sent
          on the basis of an established business relationship that was
          longer in duration than the Commission believes is consistent
          with the reasonable expectations of consumers;
            (III) evaluate the costs to senders of demonstrating the
          existence of an established business relationship within a
          specified period of time and the benefits to recipients of
          establishing a limitation on such established business
          relationship; and
            (IV) determine whether with respect to small businesses,
          the costs would not be unduly burdensome; and

          (ii) may not commence a proceeding to determine whether to
        limit the duration of the existence of an established business
        relationship before the expiration of the 3-month period that
        begins on July 9, 2005.
      (3) Private right of action
        A person or entity may, if otherwise permitted by the laws or
      rules of court of a State, bring in an appropriate court of that
      State - 
          (A) an action based on a violation of this subsection or the
        regulations prescribed under this subsection to enjoin such
        violation,
          (B) an action to recover for actual monetary loss from such a
        violation, or to receive $500 in damages for each such
        violation, whichever is greater, or
          (C) both such actions.

      If the court finds that the defendant willfully or knowingly
      violated this subsection or the regulations prescribed under this
      subsection, the court may, in its discretion, increase the amount
      of the award to an amount equal to not more than 3 times the
      amount available under subparagraph (B) of this paragraph.
    (c) Protection of subscriber privacy rights
      (1) Rulemaking proceeding required
        Within 120 days after December 20, 1991, the Commission shall
      initiate a rulemaking proceeding concerning the need to protect
      residential telephone subscribers' privacy rights to avoid
      receiving telephone solicitations to which they object. The
      proceeding shall - 
          (A) compare and evaluate alternative methods and procedures
        (including the use of electronic databases, telephone network
        technologies, special directory markings, industry-based or
        company-specific "do not call" systems, and any other
        alternatives, individually or in combination) for their
        effectiveness in protecting such privacy rights, and in terms
        of their cost and other advantages and disadvantages;
          (B) evaluate the categories of public and private entities
        that would have the capacity to establish and administer such
        methods and procedures;
          (C) consider whether different methods and procedures may
        apply for local telephone solicitations, such as local
        telephone solicitations of small businesses or holders of
        second class mail permits;
          (D) consider whether there is a need for additional
        Commission authority to further restrict telephone
        solicitations, including those calls exempted under subsection
        (a)(3) of this section, and, if such a finding is made and
        supported by the record, propose specific restrictions to the
        Congress; and
          (E) develop proposed regulations to implement the methods and
        procedures that the Commission determines are most effective
        and efficient to accomplish the purposes of this section.
      (2) Regulations
        Not later than 9 months after December 20, 1991, the Commission
      shall conclude the rulemaking proceeding initiated under
      paragraph (1) and shall prescribe regulations to implement
      methods and procedures for protecting the privacy rights
      described in such paragraph in an efficient, effective, and
      economic manner and without the imposition of any additional
      charge to telephone subscribers.
      (3) Use of database permitted
        The regulations required by paragraph (2) may require the
      establishment and operation of a single national database to
      compile a list of telephone numbers of residential subscribers
      who object to receiving telephone solicitations, and to make that
      compiled list and parts thereof available for purchase. If the
      Commission determines to require such a database, such
      regulations shall - 
          (A) specify a method by which the Commission will select an
        entity to administer such database;
          (B) require each common carrier providing telephone exchange
        service, in accordance with regulations prescribed by the
        Commission, to inform subscribers for telephone exchange
        service of the opportunity to provide notification, in
        accordance with regulations established under this paragraph,
        that such subscriber objects to receiving telephone
        solicitations;
          (C) specify the methods by which each telephone subscriber
        shall be informed, by the common carrier that provides local
        exchange service to that subscriber, of (i) the subscriber's
        right to give or revoke a notification of an objection under
        subparagraph (A), and (ii) the methods by which such right may
        be exercised by the subscriber;
          (D) specify the methods by which such objections shall be
        collected and added to the database;
          (E) prohibit any residential subscriber from being charged
        for giving or revoking such notification or for being included
        in a database compiled under this section;
          (F) prohibit any person from making or transmitting a
        telephone solicitation to the telephone number of any
        subscriber included in such database;
          (G) specify (i) the methods by which any person desiring to
        make or transmit telephone solicitations will obtain access to
        the database, by area code or local exchange prefix, as
        required to avoid calling the telephone numbers of subscribers
        included in such database; and (ii) the costs to be recovered
        from such persons;
          (H) specify the methods for recovering, from persons
        accessing such database, the costs involved in identifying,
        collecting, updating, disseminating, and selling, and other
        activities relating to, the operations of the database that are
        incurred by the entities carrying out those activities;
          (I) specify the frequency with which such database will be
        updated and specify the method by which such updating will take
        effect for purposes of compliance with the regulations
        prescribed under this subsection;
          (J) be designed to enable States to use the database
        mechanism selected by the Commission for purposes of
        administering or enforcing State law;
          (K) prohibit the use of such database for any purpose other
        than compliance with the requirements of this section and any
        such State law and specify methods for protection of the
        privacy rights of persons whose numbers are included in such
        database; and
          (L) require each common carrier providing services to any
        person for the purpose of making telephone solicitations to
        notify such person of the requirements of this section and the
        regulations thereunder.
      (4) Considerations required for use of database method
        If the Commission determines to require the database mechanism
      described in paragraph (3), the Commission shall - 
          (A) in developing procedures for gaining access to the
        database, consider the different needs of telemarketers
        conducting business on a national, regional, State, or local
        level;
          (B) develop a fee schedule or price structure for recouping
        the cost of such database that recognizes such differences and -
         
            (i) reflect the relative costs of providing a national,
          regional, State, or local list of phone numbers of
          subscribers who object to receiving telephone solicitations;
            (ii) reflect the relative costs of providing such lists on
          paper or electronic media; and
            (iii) not place an unreasonable financial burden on small
          businesses; and

          (C) consider (i) whether the needs of telemarketers operating
        on a local basis could be met through special markings of area
        white pages directories, and (ii) if such directories are
        needed as an adjunct to database lists prepared by area code
        and local exchange prefix.
      (5) Private right of action
        A person who has received more than one telephone call within
      any 12-month period by or on behalf of the same entity in
      violation of the regulations prescribed under this subsection
      may, if otherwise permitted by the laws or rules of court of a
      State bring in an appropriate court of that State - 
          (A) an action based on a violation of the regulations
        prescribed under this subsection to enjoin such violation,
          (B) an action to recover for actual monetary loss from such a
        violation, or to receive up to $500 in damages for each such
        violation, whichever is greater, or
          (C) both such actions.

      It shall be an affirmative defense in any action brought under
      this paragraph that the defendant has established and
      implemented, with due care, reasonable practices and procedures
      to effectively prevent telephone solicitations in violation of
      the regulations prescribed under this subsection. If the court
      finds that the defendant willfully or knowingly violated the
      regulations prescribed under this subsection, the court may, in
      its discretion, increase the amount of the award to an amount
      equal to not more than 3 times the amount available under
      subparagraph (B) of this paragraph.
      (6) Relation to subsection (b)
        The provisions of this subsection shall not be construed to
      permit a communication prohibited by subsection (b) of this
      section.
    (d) Technical and procedural standards
      (1) Prohibition
        It shall be unlawful for any person within the United States - 
          (A) to initiate any communication using a telephone facsimile
        machine, or to make any telephone call using any automatic
        telephone dialing system, that does not comply with the
        technical and procedural standards prescribed under this
        subsection, or to use any telephone facsimile machine or
        automatic telephone dialing system in a manner that does not
        comply with such standards; or
          (B) to use a computer or other electronic device to send any
        message via a telephone facsimile machine unless such person
        clearly marks, in a margin at the top or bottom of each
        transmitted page of the message or on the first page of the
        transmission, the date and time it is sent and an
        identification of the business, other entity, or individual
        sending the message and the telephone number of the sending
        machine or of such business, other entity, or individual.
      (2) Telephone facsimile machines
        The Commission shall revise the regulations setting technical
      and procedural standards for telephone facsimile machines to
      require that any such machine which is manufactured after one
      year after December 20, 1991, clearly marks, in a margin at the
      top or bottom of each transmitted page or on the first page of
      each transmission, the date and time sent, an identification of
      the business, other entity, or individual sending the message,
      and the telephone number of the sending machine or of such
      business, other entity, or individual.
      (3) Artificial or prerecorded voice systems
        The Commission shall prescribe technical and procedural
      standards for systems that are used to transmit any artificial or
      prerecorded voice message via telephone. Such standards shall
      require that - 
          (A) all artificial or prerecorded telephone messages (i)
        shall, at the beginning of the message, state clearly the
        identity of the business, individual, or other entity
        initiating the call, and (ii) shall, during or after the
        message, state clearly the telephone number or address of such
        business, other entity, or individual; and
          (B) any such system will automatically release the called
        party's line within 5 seconds of the time notification is
        transmitted to the system that the called party has hung up, to
        allow the called party's line to be used to make or receive
        other calls.
    (e) Prohibition on provision of inaccurate caller identification
      information
      (1) In general
        It shall be unlawful for any person within the United States,
      in connection with any telecommunications service or IP-enabled
      voice service, to cause any caller identification service to
      knowingly transmit misleading or inaccurate caller identification
      information with the intent to defraud, cause harm, or wrongfully
      obtain anything of value, unless such transmission is exempted
      pursuant to paragraph (3)(B).
      (2) Protection for blocking caller identification information
        Nothing in this subsection may be construed to prevent or
      restrict any person from blocking the capability of any caller
      identification service to transmit caller identification
      information.
      (3) Regulations
        (A) In general
          Not later than 6 months after December 22, 2010, the
        Commission shall prescribe regulations to implement this
        subsection.
        (B) Content of regulations
          (i) In general
            The regulations required under subparagraph (A) shall
          include such exemptions from the prohibition under paragraph
          (1) as the Commission determines is appropriate.
          (ii) Specific exemption for law enforcement agencies or court
            orders
            The regulations required under subparagraph (A) shall
          exempt from the prohibition under paragraph (1) transmissions
          in connection with - 
              (I) any authorized activity of a law enforcement agency;
            or
              (II) a court order that specifically authorizes the use
            of caller identification manipulation.
      (4) Report
        Not later than 6 months after December 22, 2010, the Commission
      shall report to Congress whether additional legislation is
      necessary to prohibit the provision of inaccurate caller
      identification information in technologies that are successor or
      replacement technologies to telecommunications service or IP-
      enabled voice service.
      (5) Penalties
        (A) Civil forfeiture
          (i) In general
            Any person that is determined by the Commission, in
          accordance with paragraphs (3) and (4) of section 503(b) of
          this title, to have violated this subsection shall be liable
          to the United States for a forfeiture penalty. A forfeiture
          penalty under this paragraph shall be in addition to any
          other penalty provided for by this chapter. The amount of the
          forfeiture penalty determined under this paragraph shall not
          exceed $10,000 for each violation, or 3 times that amount for
          each day of a continuing violation, except that the amount
          assessed for any continuing violation shall not exceed a
          total of $1,000,000 for any single act or failure to act.
          (ii) Recovery
            Any forfeiture penalty determined under clause (i) shall be
          recoverable pursuant to section 504(a) of this title.
          (iii) Procedure
            No forfeiture liability shall be determined under clause
          (i) against any person unless such person receives the notice
          required by section 503(b)(3) of this title or section
          503(b)(4) of this title.
          (iv) 2-year statute of limitations
            No forfeiture penalty shall be determined or imposed
          against any person under clause (i) if the violation charged
          occurred more than 2 years prior to the date of issuance of
          the required notice or notice or apparent liability.
        (B) Criminal fine
          Any person who willfully and knowingly violates this
        subsection shall upon conviction thereof be fined not more than
        $10,000 for each violation, or 3 times that amount for each day
        of a continuing violation, in lieu of the fine provided by
        section 501 of this title for such a violation. This
        subparagraph does not supersede the provisions of section 501
        of this title relating to imprisonment or the imposition of a
        penalty of both fine and imprisonment.
      (6) Enforcement by States
        (A) In general
          The chief legal officer of a State, or any other State
        officer authorized by law to bring actions on behalf of the
        residents of a State, may bring a civil action, as parens
        patriae, on behalf of the residents of that State in an
        appropriate district court of the United States to enforce this
        subsection or to impose the civil penalties for violation of
        this subsection, whenever the chief legal officer or other
        State officer 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 subsection or a
        regulation under this subsection.
        (B) Notice
          The chief legal officer or other State officer shall serve
        written notice on the Commission of any civil action under
        subparagraph (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.
        (C) Authority to intervene
          Upon receiving the notice required by subparagraph (B), the
        Commission shall have the right - 
            (i) to intervene in the action;
            (ii) upon so intervening, to be heard on all matters
          arising therein; and
            (iii) to file petitions for appeal.
        (D) Construction
          For purposes of bringing any civil action under subparagraph
        (A), nothing in this paragraph shall prevent the chief legal
        officer or other State officer from exercising the powers
        conferred on that officer 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) Venue; service or process
          (i) Venue
            An action brought under subparagraph (A) shall be brought
          in a district court of the United States that meets
          applicable requirements relating to venue under section 1391
          of title 28.
          (ii) Service of process
            In an action brought under subparagraph (A) - 
              (I) process may be served without regard to the
            territorial limits of the district or of the State in which
            the action is instituted; and
              (II) a person who participated in an alleged violation
            that is being litigated in the civil action may be joined
            in the civil action without regard to the residence of the
            person.
      (7) Effect on other laws
        This subsection does not prohibit any lawfully authorized
      investigative, protective, or intelligence activity of a law
      enforcement agency of the United States, a State, or a political
      subdivision of a State, or of an intelligence agency of the
      United States.
      (8) Definitions
        For purposes of this subsection:
        (A) Caller identification information
          The term "caller identification information" means
        information provided by a caller identification service
        regarding the telephone number of, or other information
        regarding the origination of, a call made using a
        telecommunications service or IP-enabled voice service.
        (B) Caller identification service
          The term "caller identification service" means any service or
        device designed to provide the user of the service or device
        with the telephone number of, or other information regarding
        the origination of, a call made using a telecommunications
        service or IP-enabled voice service. Such term includes
        automatic number identification services.
        (C) IP-enabled voice service
          The term "IP-enabled voice service" has the meaning given
        that term by section 9.3 of the Commission's regulations (47
        C.F.R. 9.3), as those regulations may be amended by the
        Commission from time to time.
      (9) Limitation
        Notwithstanding any other provision of this section, subsection
      (f) shall not apply to this subsection or to the regulations
      under this subsection.
    (f) Effect on State law
      (1) State law not preempted
        Except for the standards prescribed under subsection (d) of
      this section and subject to paragraph (2) of this subsection,
      nothing in this section or in the regulations prescribed under
      this section shall preempt any State law that imposes more
      restrictive intrastate requirements or regulations on, or which
      prohibits - 
          (A) the use of telephone facsimile machines or other
        electronic devices to send unsolicited advertisements;
          (B) the use of automatic telephone dialing systems;
          (C) the use of artificial or prerecorded voice messages; or
          (D) the making of telephone solicitations.
      (2) State use of databases
        If, pursuant to subsection (c)(3) of this section, the
      Commission requires the establishment of a single national
      database of telephone numbers of subscribers who object to
      receiving telephone solicitations, a State or local authority may
      not, in its regulation of telephone solicitations, require the
      use of any database, list, or listing system that does not
      include the part of such single national database that relates to
      such State.
    (g) Actions by States
      (1) Authority of States
        Whenever the attorney general of a State, or an official or
      agency designated by a State, has reason to believe that any
      person has engaged or is engaging in a pattern or practice of
      telephone calls or other transmissions to residents of that State
      in violation of this section or the regulations prescribed under
      this section, the State may bring a civil action on behalf of its
      residents to enjoin such calls, an action to recover for actual
      monetary loss or receive $500 in damages for each violation, or
      both such actions. If the court finds the defendant willfully or
      knowingly violated such regulations, the court may, in its
      discretion, increase the amount of the award to an amount equal
      to not more than 3 times the amount available under the preceding
      sentence.
      (2) Exclusive jurisdiction of Federal courts
        The district courts of the United States, the United States
      courts of any territory, and the District Court of the United
      States for the District of Columbia shall have exclusive
      jurisdiction over all civil actions brought under this
      subsection. Upon proper application, such courts shall also have
      jurisdiction to issue writs of mandamus, or orders affording like
      relief, commanding the defendant to comply with the provisions of
      this section or regulations prescribed under this section,
      including the requirement that the defendant take such action as
      is necessary to remove the danger of such violation. Upon a
      proper showing, a permanent or temporary injunction or
      restraining order shall be granted without bond.
      (3) Rights of Commission
        The State shall serve prior written notice of any such civil
      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 State 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.
      (4) Venue; service of process
        Any civil action brought under this subsection 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 where the defendant may be found.
      (5) Investigatory powers
        For purposes of bringing any civil action under this
      subsection, nothing in this section shall prevent the attorney
      general of a State, or an official or agency designated by a
      State, from exercising the powers conferred on the attorney
      general or such official 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.
      (6) Effect on State court proceedings
        Nothing contained in this subsection shall be construed to
      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.
      (7) Limitation
        Whenever the Commission has instituted a civil action for
      violation of regulations prescribed under this section, 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 any violation
      as alleged in the Commission's complaint.
      (8) "Attorney general" defined
        As used in this subsection, the term "attorney general" means
      the chief legal officer of a State.
    (h) Junk fax enforcement report
      The Commission shall submit an annual report to Congress
    regarding the enforcement during the past year of the provisions of
    this section relating to sending of unsolicited advertisements to
    telephone facsimile machines, which report shall include - 
        (1) the number of complaints received by the Commission during
      such year alleging that a consumer received an unsolicited
      advertisement via telephone facsimile machine in violation of the
      Commission's rules;
        (2) the number of citations issued by the Commission pursuant
      to section 503 of this title during the year to enforce any law,
      regulation, or policy relating to sending of unsolicited
      advertisements to telephone facsimile machines;
        (3) the number of notices of apparent liability issued by the
      Commission pursuant to section 503 of this title during the year
      to enforce any law, regulation, or policy relating to sending of
      unsolicited advertisements to telephone facsimile machines;
        (4) for each notice referred to in paragraph (3) - 
          (A) the amount of the proposed forfeiture penalty involved;
          (B) the person to whom the notice was issued;
          (C) the length of time between the date on which the
        complaint was filed and the date on which the notice was
        issued; and
          (D) the status of the proceeding;

        (5) the number of final orders imposing forfeiture penalties
      issued pursuant to section 503 of this title during the year to
      enforce any law, regulation, or policy relating to sending of
      unsolicited advertisements to telephone facsimile machines;
        (6) for each forfeiture order referred to in paragraph (5) - 
          (A) the amount of the penalty imposed by the order;
          (B) the person to whom the order was issued;
          (C) whether the forfeiture penalty has been paid; and
          (D) the amount paid;

        (7) for each case in which a person has failed to pay a
      forfeiture penalty imposed by such a final order, whether the
      Commission referred such matter for recovery of the penalty; and
        (8) for each case in which the Commission referred such an
      order for recovery - 
          (A) the number of days from the date the Commission issued
        such order to the date of such referral;
          (B) whether an action has been commenced to recover the
        penalty, and if so, the number of days from the date the
        Commission referred such order for recovery to the date of such
        commencement; and
          (C) whether the recovery action resulted in collection of any
        amount, and if so, the amount collected.