Title 15 — Commerce and TradeRelease 119-73not60

§8405 Enforcement by State Attorneys General

Title 15 › Chapter 110— ONLINE SHOPPER PROTECTION › § 8405

Last updated Apr 3, 2026|Official source

Summary

A State attorney general or other authorized State officer may sue in a U.S. district court for harms under this chapter on behalf of the State’s residents. The suit can be filed where the defendant is found, lives, does business, or wherever venue is proper under 28 U.S.C. 1391. The State can ask the court for orders to stop the wrongful conduct. No separate suit may be started here if the same alleged violation is already the subject of a pending action by the Federal Trade Commission or the United States under this chapter. Before suing, the State must give the Federal Trade Commission written notice and a copy of the complaint. If prior notice is not possible, the State must notify the Commission right after filing. The Commission may join the case, speak on all issues, and appeal decisions. Nothing in this rule stops a State officer from using powers given by State law or from bringing State-law cases in State or Federal court.

Full Legal Text

Title 15, §8405

Commerce and Trade — Source: USLM XML via OLRC

(a)Except as provided in subsection (e), the attorney general of a State, or other authorized State officer, alleging a violation of this chapter or any regulation issued under this chapter that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, to obtain appropriate injunctive relief.

(b)A State shall provide prior written notice to the Federal Trade Commission of any civil action under subsection (a) together with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action.

(c)The Commission may intervene in such civil action and upon intervening—

(1)be heard on all matters arising in such civil action; and

(2)file petitions for appeal of a decision in such civil action.

(d)Nothing in this section shall be construed—

(1)to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or

(2)to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.

(e)No separate suit shall be brought under this section if, at the time the suit is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States under this chapter.

Reference

Citations & Metadata

Citation

15 U.S.C. § 8405

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60