Title 15, Commerce and TradeRelease 119-110

§8405 Enforcement by State Attorneys General

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

Last updated Sep 22, 2026|Official source

Summary

State attorneys general, or other state officials allowed to act for the state, can sue in federal court when a violation of this law affects their state or its people. They can file where the defendant is found, lives, or does business, or where venue is allowed under section 1391 of title 28. The goal is to get court orders to stop the bad conduct. The state must give the Federal Trade Commission a written notice and a copy of the complaint before filing, or right away if that is not possible. The FTC may join the case, take part in all parts of the case, and appeal decisions. This does not stop states from using their own powers or bringing state or federal cases under state law. A state may not bring this kind of separate suit if the FTC or the United States already has a pending action about the same alleged violation.

Full Legal Text

Title 15, §8405

Commerce and Trade, Source: USLM XML via OLRC

(a)Right of action

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)Notice to Commission required

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)Intervention by the Commission

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)Construction

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)Limitation

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

Sep 22, 2026

Release point: 119-110