15 U.S.C. § 6104: Actions by private persons

Summary

A person who is harmed by a pattern of illegal telemarketing can file a lawsuit in federal court. The suit must be started within 3 years after the person learns about the violation. The case can proceed only if the amount in dispute is more than $50,000 in actual losses for each person harmed. A plaintiff can ask the court to stop the telemarketing, make the defendant follow the telemarketing rules, get money for losses, or other relief the court thinks is fair. The plaintiff must give the Commission written notice and a copy of the complaint before suing, or immediately after if prior notice is not possible. The Commission may join the case, speak in court, and appeal. If the Commission or the Bureau of Consumer Financial Protection already sued over the same rule violations, a person cannot sue the same defendant while that agency case is still pending. The court may award costs and reasonable lawyer and expert fees to the winner. The lawsuit may be filed where the defendant is found, lives, or does business, and the defendant can be served in any district where they live or are found.

Title 15, §6104

Commerce and Trade, Source: USLM XML via OLRC

(a)In general

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)Notice

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)Action by Commission or the Bureau of Consumer Financial Protection

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)Cost and fees

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)Construction

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

(f)Venue; service of process

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