Title 15 — Commerce and TradeRelease 119-73

§8405 Enforcement by State attorneys general

Title 15 › Chapter CHAPTER 110— - ONLINE SHOPPER PROTECTION › § 8405

Last updated Apr 6, 2026|Official source

Summary

A state attorney general may sue in federal court for residents if someone breaks this law or related rules that affects the state. The suit can be filed where the defendant is located, lives, or does business, or wherever venue is allowed under 28 U.S.C. 1391. The state can ask the court to stop the harm or order fixes. No separate state suit can be started if the same alleged violation is already the subject of a pending case by the Federal Trade Commission or the United States under this law. The state must give the Federal Trade Commission written notice and a copy of the complaint before filing, or right after if prior notice is not possible. The FTC may join the case, take part in hearings, and appeal the decision. This does not stop state attorneys general from using their normal state powers or from suing under state laws in state or federal court.

Full Legal Text

Title 15, §8405

Commerce and Trade — Source: USLM XML via OLRC

(a)Except as provided in subsection (e), the attorney general of a State, or other authorized State officer, alleging a violation of this chapter or any regulation issued under this chapter that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, to obtain appropriate injunctive relief.

(b)A State shall provide prior written notice to the Federal Trade Commission of any civil action under subsection (a) together with a copy of its complaint, 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 action.

(c)The Commission may intervene in such civil action and upon intervening—

(1)be heard on all matters arising in such civil action; and

(2)file petitions for appeal of a decision in such civil action.

(d)Nothing in this section shall be construed—

(1)to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or

(2)to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.

(e)No separate suit shall be brought under this section if, at the time the suit is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States under this chapter.

Reference

Citations & Metadata

Citation

15 U.S.C. § 8405

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73