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

Summary

People harmed by a pattern or practice of telemarketing that breaks the Commission’s rules can sue in federal court. The suit must be filed within 3 years after the violation is discovered, and the actual damages must be more than $50,000 for each harmed person. A private suit can ask the court to stop the telemarketing, make the rule followed, get money for harm, or other appropriate relief. Before filing, the plaintiff must give written notice and a copy of the complaint to the Commission, or do so right away if prior notice is not possible. The Commission may join the case, speak on the issues, and appeal. If the Commission or the Bureau of Consumer Financial Protection has already sued the same defendants for the same rule violations, private lawsuits about those same allegations must wait while the government case is pending. The court can award court costs and reasonable attorney and expert fees to the winner. Other legal rights are not taken away. The case can be filed where the defendant is found, lives, or does business, or where venue is otherwise proper, and the defendant may be served in any district where they live or are 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