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U.S. Code > Title 15 > Chapter 87 > § 6103 - Actions by States

(a) In general
  Any person adversely affected by any pattern or practice of
telemarketing which violates any rule of the Commission under
section 6102 of this title, or an authorized person acting on such
person's behalf, may, within 3 years after discovery of the
violation, bring a civil action in an appropriate district court of
the United States against a person who has engaged or is engaging
in such pattern or practice of telemarketing if the amount in
controversy exceeds the sum or value of $50,000 in actual damages
for each person adversely affected by such telemarketing. Such an
action may be brought to enjoin such telemarketing, to enforce
compliance with any rule of the Commission under section 6102 of
this title, to obtain damages, or to obtain such further and other
relief as the court may deem appropriate.
(b) Notice
  The plaintiff shall serve prior written notice of the action upon
the 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 person shall serve such notice
immediately upon instituting such action. The Commission shall have
the right (A) to intervene in the action, (B) upon so intervening,
to be heard on all matters arising therein, and (C) to file
petitions for appeal.
(c) Action by Commission
  Whenever a civil action has been instituted by or on behalf of
the Commission for violation of any rule prescribed under section
6102 of this title, no person may, during the pendency of such
action instituted by or on behalf of the Commission, institute a
civil action against any defendant named in the complaint in such
action for violation of any rule as alleged in such complaint.
(d) Cost and fees
  The court, in issuing any final order in any action brought under
subsection (a) of this section, may award costs of suit and
reasonable fees for attorneys and expert witnesses to the
prevailing party.
(e) Construction
  Nothing in this section shall restrict any right which any person
may have under any statute or common law.
(f) Venue; service of process
  Any civil action brought under subsection (a) of this section in
a district court of the United States may be brought in the
district in which the defendant is found, is an inhabitant, or
transacts business or wherever venue is proper under section 1391
of title 28. Process in such an action may be served in any
district in which the defendant is an inhabitant or in which the
defendant may be found.

Legislative History

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Questions & Answers: Telemarketing

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