PRIA Logo™
Title 15, Commerce and TradeRelease 119-110

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

Title 15 › CHAPTER 2 — FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND PREVENTION OF UNFAIR METHODS OF COMPETITION › SUBCHAPTER I — FEDERAL TRADE COMMISSION › § 56

Last updated Sep 23, 2026|Official source

Summary

Before the Commission starts, defends, or joins a civil case under this law, it must put the Attorney General on notice and consult in writing. If the Attorney General does not start, defend, or join the case within 45 days after getting that notice, the Commission may do so itself and handle any appeals using its own lawyers. For certain kinds of cases—like injunctions, consumer refunds, reviewing Commission rules or cease-and-desist orders, subpoena enforcement, and closely related matters—the Commission has the exclusive right to start or defend the case and run the litigation unless it gives the Attorney General permission. The Commission must tell the Attorney General when it uses that authority. The Attorney General may still intervene for the United States when other law allows. If the Commission wants to represent itself at the Supreme Court after a judgment, it must ask within 10 days. The Commission can go to the Supreme Court itself if the Attorney General agrees, or if the Attorney General either refuses to appeal or seek review within 60 days and says why in writing, or simply takes no action in that 60-day period. If the Attorney General represents the Commission at the Supreme Court, he may not settle, drop, or admit error there without the Commission’s agreement. “Attorney General” here includes the Solicitor General. If a court’s timing rules would run out before the 45- or 60-day periods end, the Attorney General gets half of the court’s required time (including any court-granted extension) to act. The Commission must send facts to the Attorney General when it believes criminal charges apply, and the Attorney General must bring the case. With the Attorney General’s consent, the Commission can assign its lawyers to help in foreign court cases and may pay for foreign counsel and related costs from appropriated funds under agreement; such payments cannot come from sources other than the permanent, indefinite appropriation in section 1304 of title 31. These powers are in addition to any other authority the agencies have.

Full Legal Text

Title 15, §56

Commerce and Trade, Source: USLM XML via OLRC

(a)Procedure for exercise of authority to litigate or appeal
(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;
the Commission may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose.
(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;
the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law.
(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—
(a)refuses to appeal or file a petition for writ of certiorari with respect to such civil action, in which case he shall give written notification to the Commission of the reasons for such refusal within such 60-day period; or
(b)the Attorney General fails to take any action with respect to the Commission’s request.
(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)Certification by Commission to Attorney General for criminal proceedings
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)Foreign litigation
(1)Commission attorneys
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)Reimbursement for foreign counsel
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)Limitation on use of funds
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)Other authority
The authority provided by this subsection is in addition to any other authority of the Commission or the Attorney General.

Legislative History

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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 56

Title 15, Commerce and Trade

Last Updated

Sep 23, 2026

Release point: 119-110