§ 6504. Actions by States

• (a)
  • (1) 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 person in a practice that violates any regulation of the Commission prescribed under section 6502(b) of this title , the State, as parens patriae, 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 the regulation;
    • (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or
    • (D) obtain such other relief as the court may consider to be appropriate.
  • (2)
    • (A) 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)
      • (i) 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 the filing of the action.
      • (ii) In an action described in clause (i), 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)
  • (1) 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) 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.
  • (3) Upon application to the court, a person whose self-regulatory guidelines have been approved by the Commission and are relied upon as a defense by any defendant to a proceeding under this section may file amicus curiae in that proceeding.
• (c) 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) In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under section 6502 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 for violation of that regulation.
• (e)
  • (1) 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 .
  • (2) In an action brought under subsection (a), process may be served in any district in which the defendant—
    • (A) is an inhabitant; or
    • (B) may be found.