15 U.S.C. § 7804: Actions by States

Summary

A state attorney general can sue in federal court if an athlete agent breaks the rules in section 7802 and residents of the state are hurt or threatened. The state can ask the court to stop the bad practice, make the agent follow the law, or get money back or other payments for residents. Before suing, the attorney general must give the Commission a written notice and a copy of the complaint, unless it is not practical; in that case the notice and complaint must be given when the suit is filed. After getting notice, the Commission may join the case, speak on any issue, and appeal. The attorney general may still use state powers to investigate, take oaths, and force witnesses or documents. If the Commission already sued a listed defendant, a state may not sue that same defendant while the Commission’s case is ongoing. Suits must be in a proper federal district under section 1391 of title 28, and service can be made where the defendant lives or can be found.

Title 15, §7804

Commerce and Trade, Source: USLM XML via OLRC

(a)In general

(1)Civil actions

In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any athlete agent in a practice that violates section 7802 of this title, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—

(A)enjoin that practice;

(B)enforce compliance with this chapter; or

(C)obtain damage, restitution, or other compensation on behalf of residents of the State.

(2)Notice

(A)In general

Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission—

(i)written notice of that action; and

(ii)a copy of the complaint for that action.

(B)Exemption

Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.

(b)Intervention

(1)In general

On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice.

(2)Effect of intervention

If the Commission intervenes in an action under subsection (a), it shall have the right—

(A)to be heard with respect to any matter that arises in that action; and

(B)to file a petition for appeal.

(c)Construction

For purposes of bringing any civil action under subsection (a), nothing in this chapter shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—

(1)conduct investigations;

(2)administer oaths or affirmations; or

(3)compel the attendance of witnesses or the production of documentary and other evidence.

(d)Actions by the Commission

In any case in which an action is instituted by or on behalf of the Commission for a violation of section 7802 of this title, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action.

(e)Venue

Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28.

(f)Service of process

In an action brought under subsection (a), process may be served in any district in which the defendant—

(1)is an inhabitant; or

(2)may be found.

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), was in the original “this title” and was translated as reading “this Act”, meaning Pub. L. 108–304, to reflect the probable intent of Congress, because Pub. L. 108–304 does not contain titles.

§7804 Actions by States

Summary

Title 15, §7804

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata