§6104 — Title 15 Commerce and Trade | U.S. Code

Summary

A person who is harmed by a telemarketing pattern or practice that breaks the Commission’s rules, or someone they authorize, may sue in federal court within 3 years after they discover the violation if the actual damages are more than $50,000 for each person harmed. The lawsuit can ask the court to stop the telemarketing, make the defendant follow the rules, get money for damages, or other relief the court finds proper. Before suing, the plaintiff must send written notice and a copy of the complaint to the Commission (unless that can’t be done, in which case notice must follow right after filing). The Commission can join the case, speak on all issues if it joins, and appeal. If the Commission or the Consumer Financial Protection Bureau has already sued the same defendant for the same rule violations and that case is still pending, a private person may not sue that defendant for those same alleged violations while the government case is ongoing. The court may award costs and reasonable attorney and expert fees to the winner. This does not limit other legal rights a person may have. The case can be filed where the defendant is found, lives, does business, or where venue is proper under 28 U.S.C. 1391, and the defendant may be served in any district where they live or can be found.

Title 15, §6104

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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)Whenever a civil action has been instituted by or on behalf of the Commission or the Bureau of Consumer Financial Protection 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 or the Bureau of Consumer Financial Protection, 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)The court, in issuing any final order in any action brought under subsection (a), may award costs of suit and reasonable fees for attorneys and expert witnesses to the prevailing party.

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

(f)Any civil action brought under subsection (a) 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (c). Pub. L. 111–203 inserted “or the Bureau of Consumer Financial Protection” after “Commission” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

§6104 Actions by private persons