15 USC 6104 - Actions by private persons

Collapse to view only § 6104. Actions by private persons

§ 6101. Findings
§ 6102. Telemarketing rules
§ 6103. Actions by States
§ 6104. Actions by private persons
§ 6105.
§ 6106. Definitions
§ 6107. Enforcement of orders
§ 6108. Review

§ 6101. Findings

The Congress makes the following findings:

(1) Telemarketing differs from other sales activities in that it can be carried out by sellers across State lines without direct contact with the consumer. Telemarketers also can be very mobile, easily moving from State to State.

(2) Interstate telemarketing fraud has become a problem of such magnitude that the resources of the Federal Trade Commission are not sufficient to ensure adequate consumer protection from such fraud.

(3) Consumers and others are estimated to lose $40 billion a year in telemarketing fraud.

(4) Consumers are victimized by other forms of telemarketing deception and abuse.

(5) Consequently, Congress should enact legislation that will offer consumers necessary protection from telemarketing deception and abuse.

(Pub. L. 103–297, § 2, Aug. 16, 1994, 108 Stat. 1545.)

§ 6102. Telemarketing rules

(a) In general

(1) The Commission shall prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices.

(2) The Commission shall include in such rules respecting deceptive telemarketing acts or practices a definition of deceptive telemarketing acts or practices which shall include fraudulent charitable solicitations, and which may include acts or practices of entities or individuals that assist or facilitate deceptive telemarketing, including credit card laundering.

(3) The Commission shall include in such rules respecting other abusive telemarketing acts or practices—

(A) a requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer’s right to privacy,

(B) restrictions on the hours of the day and night when unsolicited telephone calls can be made to consumers,

(C) a requirement that any person engaged in telemarketing for the sale of goods or services shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to sell goods or services and make such other disclosures as the Commission deems appropriate, including the nature and price of the goods and services; 1

1 So in original. The semicolon probably should be a comma.

and

(D) a requirement that any person engaged in telemarketing for the solicitation of charitable contributions, donations, or gifts of money or any other thing of value, shall promptly and clearly disclose to the person receiving the call that the purpose of the call is to solicit charitable contributions, donations, or gifts, and make such other disclosures as the Commission considers appropriate, including the name and mailing address of the charitable organization on behalf of which the solicitation is made.

In prescribing the rules described in this paragraph, the Commission shall also consider recordkeeping requirements.

(b) Rulemaking authority

(1) shall be treated as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices; and

(2) that is committed by a person subject to the Consumer Financial Protection Act of 2010 shall be treated as a violation of a rule under section 1031 of that Act [12 U.S.C. 5531] regarding unfair, deceptive, or abusive acts or practices.

(d) Securities and Exchange Commission rules

(1) Promulgation

(A) In general

(B) ExceptionThe Securities and Exchange Commission is not required to promulgate a rule under subparagraph (A) if it determines that—

(i) Federal securities laws or rules adopted by the Securities and Exchange Commission thereunder provide protection from deceptive and other abusive telemarketing by persons described in paragraph (2) substantially similar to that provided by rules promulgated by the Federal Trade Commission under subsection (a); or

(ii) such a rule promulgated by the Securities and Exchange Commission is not necessary or appropriate in the public interest, or for the protection of investors, or would be inconsistent with the maintenance of fair and orderly markets.

If the Securities and Exchange Commission determines that an exception described in clause (i) or (ii) applies, the Securities and Exchange Commission shall publish in the Federal Register its determination with the reasons for it.

(2) Application

(A) In general

(B) DefinitionsFor purposes of subparagraph (A)—

(i) the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title;

(ii) the term “investment adviser” has the meaning given such term by section 80b–2(a)(11) of this title; and

(iii) the term “investment company” has the meaning given such term by section 80a–3(a) of this title.

(e) Commodity Futures Trading Commission rules

(1) Application

(2) Omitted

(Pub. L. 103–297, § 3, Aug. 16, 1994, 108 Stat. 1545; Pub. L. 107–56, title X, § 1011(b)(1), (2), Oct. 26, 2001, 115 Stat. 396; Pub. L. 111–203, title X, § 1100C(a), July 21, 2010, 124 Stat. 2110.)

§ 6103. Actions by States

(a) In general

(b) Notice

(d) Actions by Commission or the Bureau of Consumer Financial Protection

(e) Venue; service of process

(f) Actions by other State officials

(1) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State.

(2) In addition to actions brought by an attorney general of a State under subsection (a), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents.

(Pub. L. 103–297, § 4, Aug. 16, 1994, 108 Stat. 1548; Pub. L. 111–203, title X, § 1100C(b), July 21, 2010, 124 Stat. 2111.)

§ 6104. Actions by private persons

(a) In general

(b) Notice

(d) Cost and fees

(e) Construction

(f) Venue; service of process

(Pub. L. 103–297, § 5, Aug. 16, 1994, 108 Stat. 1549; Pub. L. 111–203, title X, § 1100C(c), July 21, 2010, 124 Stat. 2111.)

§ 6105.

(a)

In general

(b)

Actions by Commission

(c)

Effect on other laws

(d)

Enforcement by Bureau of Consumer Financial Protection

(Pub. L. 103–297, § 6, Aug. 16, 1994, 108 Stat. 1549; Pub. L. 111–203, title X, § 1100C(d), July 21, 2010, 124 Stat. 2111.)

§ 6106. DefinitionsFor purposes of this chapter:

(1) The term “attorney general” means the chief legal officer of a State.

(2) The term “Commission” means the Federal Trade Commission.

(3) The term “State” means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory or possession of the United States.

(4) The term “telemarketing” means a plan, program, or campaign which is conducted to induce purchases of goods or services, or a charitable contribution, donation, or gift of money or any other thing of value, by use of one or more telephones and which involves more than one interstate telephone call. The term does not include the solicitation of sales through the mailing of a catalog which—

(A) contains a written description, or illustration of the goods or services offered for sale,

(B) includes the business address of the seller,

(D) has been issued not less frequently than once a year,

where the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders only without further solicitation.

(Pub. L. 103–297, § 7, Aug. 16, 1994, 108 Stat. 1550; Pub. L. 107–56, title X, § 1011(b)(3), Oct. 26, 2001, 115 Stat. 396.)

§ 6107. Enforcement of orders

(a) General authority

(b) Appointment

(1) Appointment upon request or motion

(2) Timing

(d) Termination of authority

(Pub. L. 103–297, § 9, Aug. 16, 1994, 108 Stat. 1550.)

§ 6108. Review

Upon the expiration of 5 years following the date of the first promulgation of rules under section 6102 of this title, the Commission shall review the implementation of this chapter and its effect on deceptive telemarketing acts or practices and report the results of the review to the Congress.

(Pub. L. 103–297, § 10, Aug. 16, 1994, 108 Stat. 1551.)