15 U.S.C. § 6103

Actions by States

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(a) In general

Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice of telemarketing which violates any rule of the Commission under section 6102 of this title, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such telemarketing, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may deem appropriate.

(b) Notice

The State shall serve prior written notice of any civil action under subsection (a) or (f)(2) upon the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right (1) to intervene in such action, (2) upon so intervening, to be heard on all matters arising therein, and (3) to file petitions for appeal.

For purposes of bringing any civil action under subsection (a), nothing in this chapter shall prevent an attorney general from exercising the powers conferred on the attorney general 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.

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

Whenever a civil action has been instituted by or on behalf of the Commission or the Bureau of Consumer Financial Protection for violation of any rule prescribed under section 6102 of this title, no State may, during the pendency of such action instituted by or on behalf of the Commission or the Bureau of Consumer Financial Protection, institute a civil action under subsection (a) or (f)(2) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint.

(e) Venue; service of process

Any civil action brought under subsection (a) 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.

(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.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 103–297, Aug. 16, 1994, 108 Stat. 1545, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.

Amendments

2010—Subsec. (d). Pub. L. 111–203 inserted “or the Bureau of Consumer Financial Protection” after “Commission” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Notes of Decisions

Cited in 12 cases (7 in the last 5 years), 2003–2025 · leading case: Commonwealth of Pennsylvania v. Navient Corp, 967 F.3d 273 (3rd Cir. 2020).

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Commonwealth of Pennsylvania v. Navient Corp, 967 F.3d 273 (3rd Cir. 2020). “Compare 15 U.S.C. § 6103 (d) with 49 U.S.C. § 14711 .”

People v. Telehublink Corp., 301 A.D.2d 1006 (N.Y. App. Div. 2003). “Telehublink asserts that under 15 USC § 6103 (a), General Business Law § 349 (b) and § 458-j and Executive Law § 63 (1), the Attorney General is permitted to act only on behalf of the people of New York when the interests of the residents of the state have been implicated or…”

Nat'l Fed'n of the Blind v. Fed. Trade Comm'n, 303 F. Supp. 2d 707 (D. Maryland 2004). “See 15 U.S.C. §§ 6103 and 6104. This is a typical subsequent punishment, and holding otherwise would practically erase the line between prior restraints and subsequent punishments.”

Commonwealth of Massachusetts v. Global Client Solutions, LLC (D. Mass. 2018). · cites it 6× “1 1 Global’s opposition to the motion to remand argues that the complaint should have been brought in federal court pursuant to 15 U.S.C. § 6103 (a), see [ECF No. 30], under which state attorneys general “may bring” civil actions in the federal district courts based on a…”

(PS) Halousek v. Verizon (E.D. Cal. 2023). · cites it 2× “13, 2017) (“Under [ 15 U.S.C. § 6103 ], the State can bring an 22 action for violations of the [Telemarketing Sales Rule] only on behalf of residents of Florida.”

(PS) Halousek v. Verizon (E.D. Cal. 2023). “13, 2017) (“Under [ 15 U.S.C. § 6103 ], the State can bring an action for violations of the 26 [Telemarketing Sales Rule] only on behalf of residents of Florida.”

Consum. Fin. Prot. Bureau v. Commonwealth Equity Grp., LLC (D. Mass. 2024). “See 15 U.S.C. § 6103 (a). B. The Consumer Financial Protection Act (“CFPA”) The ambit of the CFPA includes “covered persons” who “engage[] in offering or providing a consumer financial product or service.”

Utah Div. of Consum. Prot. v. Stevens (D. Utah 2019). “15 U.S.C. § 6103 (emphases added). Section 6103’s authorization of States to sue as “parens patriae” strongly suggests that they must sue on behalf of their injured citizens, for “it is a cardinal rule of statutory construction that, when Congress employs a term of art, it…”

State of Ohio, ex rel Ohio Attorney Gen. Dave Yost v. Jones (S.D. Ohio 2024). “§ 227 (g); the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), 15 U.S.C. § 6103 (a), for Defendants’ violations of Federal Trade Commission’s (“FTC”) Telemarketing Sales Rule (“TSR”), 16 C.”

State of Ohio, ex rel Ohio Attorney Gen. Dave Yost v. Jones (S.D. Ohio 2025). “§ 227 (g); the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), 15 U.S.C. § 6103 (a), for Defendants’ violations of Federal Trade Commission’s (“FTC”) Telemarketing Sales Rule (“TSR”), 16 C.”

State of Ohio, ex rel Ohio Attorney Gen. Dave Yost v. Jones (S.D. Ohio 2025). “§ 227 (g); the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), 15 U.S.C. § 6103 (a), for violations of the Federal Trade Commission’s (“FTC”) Telemarketing Sales Rule (“TSR”), 16 C.”

— 15 U.S.C. § 6103(e) — 1 case

(PS) Halousek v. Verizon (E.D. Cal. 2023). “13, 2017) (“Under [ 15 U.S.C. § 6103 ], the State can bring an 22 action for violations of the [Telemarketing Sales Rule] only on behalf of residents of Florida.”

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