§53 — Title 15 Commerce and Trade | U.S. Code

Summary

The Federal Trade Commission (FTC) can go to court to quickly stop a person, partnership, or company from running or spreading a false advertisement or from breaking any law the FTC enforces if the FTC believes the bad act is happening or about to happen and if stopping it right away would protect the public while the FTC files a formal complaint and until that complaint is dismissed, overturned by a court, or the FTC’s final order is in effect. Court papers from the FTC may be given to the person, a partner, or a company officer; left at the person’s home or main office; or sent by registered or certified mail to their home or main office. For newspapers, magazines, or similar regular publications, a court can allow a short delay in stopping a false ad if blocking it would delay the normal printing or delivery and that delay comes from the publisher’s usual production methods, not from trying to avoid the rule.

Title 15, §53

Commerce and Trade — Source: USLM XML via OLRC

(a)Whenever the Commission has reason to believe—

(1)that any person, partnership, or corporation is engaged in, or is about to engage in, the dissemination or the causing of the dissemination of any advertisement in violation of section 52 of this title, and

(2)that the enjoining thereof pending the issuance of a complaint by the Commission under section 45 of this title, and until such complaint is dismissed by the Commission or set aside by the court on review, or the order of the Commission to cease and desist made thereon has become final within the meaning of section 45 of this title, would be to the interest of the public,

(b)Whenever the Commission has reason to believe—

(1)that any person, partnership, or corporation is violating, or is about to violate, any provision of law enforced by the Federal Trade Commission, and

(2)that the enjoining thereof pending the issuance of a complaint by the Commission and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final, would be in the interest of the public—

(c)Any process of the Commission under this section may be served by any person duly authorized by the Commission—

(1)by delivering a copy of such process to the person to be served, to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served;

(2)by leaving a copy of such process at the residence or the principal office or place of business of such person, partnership, or corporation; or

(3)by mailing a copy of such process by registered mail or certified mail addressed to such person, partnership, or corporation at his, or her, or its residence, principal office, or principal place or business.

(d)Whenever it appears to the satisfaction of the court in the case of a newspaper, magazine, periodical, or other publication, published at regular intervals—

(1)that restraining the dissemination of a false advertisement in any particular issue of such publication would delay the delivery of such issue after the regular time therefor, and

(2)that such delay would be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such false advertisement or any other advertisement,

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsecs. (a), (b). Pub. L. 103–312, § 10(a), in concluding provisions, substituted “Any suit may be brought where such person, partnership, or corporation resides or transacts business, or wherever venue is proper under section 1391 of title 28. In addition, the court may, if the court determines that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, cause such other person, partnership, or corporation to be added as a party without regard to whether venue is otherwise proper in the district in which the suit is brought. In any suit under this section, process may be served on any person, partnership, or corporation wherever it may be found.” for “Any such suit shall be brought in the district in which such person, partnership, or corporation resides or transacts business.” Subsecs. (c), (d). Pub. L. 103–312, § 10(b), added subsec. (c) and redesignated former subsec. (c) as (d). 1973—Subsecs. (b), (c). Pub. L. 93–153 added subsec. (b) and redesignated former subsec. (b) as (c).

Executive Documents

Transfer of Functions

For

Transfer of Functions

of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.

§53 False advertisements; injunctions and restraining orders

Summary

Title 15, §53

Notes & Related Subsidiaries

Editorial Notes

Amendments

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata