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

Summary

Before the Commission starts, defends, or joins most civil lawsuits under this law, it must send a written notice and talk with the Attorney General. If the Attorney General does not begin to handle the case within 45 days after getting the notice, the Commission may go ahead itself. The rule to wait 45 days does not apply to certain kinds of cases, like ones for injunctive relief, consumer refunds, review of a Commission rule or order, enforcement of subpoenas, and a few other listed actions. If the Commission asks in writing within 10 days after a judgment to argue the case itself before the Supreme Court, it can do so if the Attorney General agrees or if the Attorney General does not act within 60 days. If the Attorney General does represent the Commission at the Supreme Court, the Attorney General cannot settle, drop, or admit error in the case without the Commission’s agreement. If a court deadline would run out before the 45- or 60-day periods end, the Attorney General gets half of the court’s required time to act so the Commission’s rights are not lost. The Commission must tell the Attorney General about possible criminal violations, and the Attorney General must bring criminal charges if appropriate. With the Attorney General’s agreement, the Commission may loan its lawyers to help in foreign court cases and may pay agreed foreign-court costs from its appropriated funds, subject to certain funding limits and other existing authorities.

Title 15, §56

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)Except as otherwise provided in paragraph (2) or (3), if—

(A)before commencing, defending, or intervening in, any civil action involving this subchapter (including an action to collect a civil penalty) which the Commission, or the Attorney General on behalf of the Commission, is authorized to commence, defend, or intervene in, the Commission gives written notification and undertakes to consult with the Attorney General with respect to such action; and

(B)the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action;

(2)Except as otherwise provided in paragraph (3), in any civil action—

(A)under section 53 of this title (relating to injunctive relief);

(B)under section 57b of this title (relating to consumer redress);

(C)to obtain judicial review of a rule prescribed by the Commission, or a cease and desist order issued under section 45 of this title;

(D)under the second paragraph of section 49 of this title (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with section 46 of this title); or

(E)under section 57b–2a of this title;

(3)(A)If the Commission makes a written request to the Attorney General, within the 10-day period which begins on the date of the entry of the judgment in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2), to represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in such action, it may do so, if—

(i)the Attorney General concurs with such request; or

(ii)the Attorney General, within the 60-day period which begins on the date of the entry of such judgment—

(B)In any case where the Attorney General represents the Commission before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2), the Attorney General may not agree to any settlement, compromise, or dismissal of such action, or confess error in the Supreme Court with respect to such action, unless the Commission concurs.

(C)For purposes of this paragraph (with respect to representation before the Supreme Court), the term “Attorney General” includes the Solicitor General.

(4)If, prior to the expiration of the 45-day period specified in paragraph (1) of this section or a 60-day period specified in paragraph (3), any right of the Commission to commence, defend, or intervene in, any such action or appeal may be extinguished due to any procedural requirement of any court with respect to the time in which any pleadings, notice of appeal, or other acts pertaining to such action or appeal may be taken, the Attorney General shall have one-half of the time required to comply with any such procedural requirement of the court (including any extension of such time granted by the court) for the purpose of commencing, defending, or intervening in the civil action pursuant to paragraph (1) or for the purpose of refusing to appeal or file a petition for writ of certiorari and the written notification or failing to take any action pursuant to paragraph 3(A)(ii).

(5)The provisions of this subsection shall apply notwithstanding chapter 31 of title 28, or any other provision of law.

(b)Whenever the Commission has reason to believe that any person, partnership, or corporation is liable for a criminal penalty under this subchapter, the Commission shall certify the facts to the Attorney General, whose duty it shall be to cause appropriate criminal proceedings to be brought.

(c)(1)With the concurrence of the Attorney General, the Commission may designate Commission attorneys to assist the Attorney General in connection with litigation in foreign courts on particular matters in which the Commission has an interest.

(2)The Commission is authorized to expend appropriated funds, upon agreement with the Attorney General, to reimburse the Attorney General for the retention of foreign counsel for litigation in foreign courts and for expenses related to litigation in foreign courts in which the Commission has an interest.

(3)Nothing in this subsection authorizes the payment of claims or judgments from any source other than the permanent and indefinite appropriation authorized by section 1304 of title 31.

(4)The authority provided by this subsection is in addition to any other authority of the Commission or the Attorney General.

Notes & Related Subsidiaries

Amendment of SectionFor repeal of amendment by section 13 of Pub. L. 109–455, see Termination Date of 2006 Amendment note below.

Editorial Notes

Amendments

2012—Pub. L. 112–203, § 1, amended Pub. L. 109–455, § 13. See 2006 Amendment notes below. 2006—Subsec. (a)(2)(E). Pub. L. 109–455, § 7(b), which added subpar. (E) reading “under section 57b–2a of this title;”, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. Subsec. (c). Pub. L. 109–455, § 5, which added subsec. (c) relating to attorneys used and money expended for foreign litigation, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. 1975—Pub. L. 93–637 substituted provisions authorizing the Commission at its election to appear in court by its own name and designate its attorneys for such purpose, for provisions relating to the certification of facts by the Commission to the Attorney General who brought the appropriate proceedings, or, after compliance with section 45(m) of this title, itself brought the appropriate proceedings. 1973—Pub. L. 93–153 inserted provisions authorizing the Federal Trade Commission to itself cause appropriate proceedings to be brought after compliance with the requirements of section 45(m) of this title.

Statutory Notes and Related Subsidiaries

Termination Date of 2006 AmendmentAmendment by section 5 and 7(b) of Pub. L. 109–455 repealed effective Sept. 30, 2027, and provisions amended by Pub. L. 109–455 to be amended to read as if Pub. L. 109–455 had not been enacted, see section 13 of Pub. L. 109–455, set out as a note under section 44 of this title.

Effective Date

of 1975 Amendment Pub. L. 93–637, title II, § 204(c), Jan. 4, 1975, 88 Stat. 2200, provided that: “The amendment and repeal made by this section [amending this section and repealing section 45(m) of this title] shall not apply to any civil action commenced before the date of enactment of this Act [Jan. 4, 1975].”

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.

§56 Commencement, Defense, Intervention and Supervision of Litigation and Appeal by Commission or Attorney General

Summary

Title 15, §56

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata