Current as of: February 2010 (a) In general
Compliance with the requirements imposed under this subchapter
with respect to credit repair organizations shall be enforced under
the Federal Trade Commission Act [15 U.S.C. 41 et seq.] by the
Federal Trade Commission.
(b) Violations of this subchapter treated as violations of Federal
Trade Commission Act
(1) In general
For the purpose of the exercise by the Federal Trade Commission
of the Commission's functions and powers under the Federal Trade
Commission Act [15 U.S.C. 41 et seq.], any violation of any
requirement or prohibition imposed under this subchapter with
respect to credit repair organizations shall constitute an unfair
or deceptive act or practice in commerce in violation of section
5(a) of the Federal Trade Commission Act [15 U.S.C. 45(a)].
(2) Enforcement authority under other law
All functions and powers of the Federal Trade Commission under
the Federal Trade Commission Act shall be available to the
Commission to enforce compliance with this subchapter by any
person subject to enforcement by the Federal Trade Commission
pursuant to this subsection, including the power to enforce the
provisions of this subchapter in the same manner as if the
violation had been a violation of any Federal Trade Commission
trade regulation rule, without regard to whether the credit
repair organization -
(A) is engaged in commerce; or
(B) meets any other jurisdictional tests in the Federal Trade
Commission Act.
(c) State action for violations
(1) Authority of States
In addition to such other remedies as are provided under State
law, whenever the chief law enforcement officer of a State, or an
official or agency designated by a State, has reason to believe
that any person has violated or is violating this subchapter, the
State -
(A) may bring an action to enjoin such violation;
(B) may bring an action on behalf of its residents to recover
damages for which the person is liable to such residents under
section 1679g of this title as a result of the violation; and
(C) in the case of any successful action under subparagraph
(A) or (B), shall be awarded the costs of the action and
reasonable attorney fees as determined by the court.
(2) Rights of Commission
(A) Notice to Commission
The State shall serve prior written notice of any civil
action under paragraph (1) upon the Federal Trade 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 State shall serve such notice immediately upon
instituting such action.
(B) Intervention
The Commission shall have the right -
(i) to intervene in any action referred to in subparagraph
(A);
(ii) upon so intervening, to be heard on all matters
arising in the action; and
(iii) to file petitions for appeal.
(3) Investigatory powers
For purposes of bringing any action under this subsection,
nothing in this subsection shall prevent the chief law
enforcement officer, or an official or agency designated by a
State, from exercising the powers conferred on the chief law
enforcement officer or such official by the laws of such State to
conduct investigations or to administer oaths or affirmations or
to compel the attendance of witnesses or the production of
documentary and other evidence.
(4) Limitation
Whenever the Federal Trade Commission has instituted a civil
action for violation of this subchapter, no State may, during the
pendency of such action, bring an action under this section
against any defendant named in the complaint of the Commission
for any violation of this subchapter that is alleged in that
complaint.Legislative History ________________________________________________________________________
Questions & Answers: Credit Report AccuracyU.S. Code Provisions: Credit Report AccuracyState Laws: Credit Report Accuracy
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