15 U.S.C. § 715i: Restraining violations

Summary

The President, using the Attorney General, can ask a U.S. district court to order anyone to follow this law or its rules. The President can also sue to stop acts that violate or will violate the law. If the court is shown good reason, it must issue temporary or permanent orders or restraining orders and no bond is required. Federal district courts are the only courts that handle civil cases to enforce or stop violations of this law. Criminal charges can be filed where the act happened. Civil suits can be brought where the defendant is found, lives, does business, or where the violation occurred. Appeals follow sections 1254, 1291, and 1292 of title 28.

Title 15, §715i

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(a)Mandatory injunction upon application of President

Upon application of the President, by the Attorney General, the United States District Courts shall have jurisdiction to issue mandatory injunctions commanding any person to comply with the provisions of this chapter or any regulation issued thereunder.

(b)Discretionary action in district court to enjoin acts or practices

Whenever it shall appear to the President that any person is engaged or about to engage in any acts or practices that constitute or will constitute a violation of any provision of this chapter or of any regulation thereunder, he may in his discretion, by the Attorney General, bring an action in the proper United States District Court to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond.

(c)Exclusive jurisdiction of district court; review

The United States District Courts shall have exclusive jurisdiction of violations of this chapter or the regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of, this chapter or the regulations thereunder. Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred. Any suit or action to enforce any liability or duty created by this chapter or regulations thereunder, or to enjoin any violation of this chapter or any regulations thereunder, may be brought in any such district or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in section 1254, 1291, and 1292 of title 28.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (c), “section 1254, 1291, and 1292 of title 28” substituted for “section 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]” on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure.

§715i Restraining Violations

Summary

Title 15, §715i

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata