U.S. Code
»
Title 15
» Chapter CHAPTER 87— TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION
15 U.S.C. § 6104
Actions by private persons
(a) In generalAny 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) NoticeThe 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 or the Bureau of Consumer Financial ProtectionWhenever 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 person 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 against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint.
(d) Cost and feesThe court, in issuing any final order in any action brought under subsection (a), may award costs of suit and reasonable fees for attorneys and expert witnesses to the prevailing party.
(e) ConstructionNothing in this section shall restrict any right which any person may have under any statute or common law.
(f) Venue; service of processAny 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.
(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.)Editorial NotesAmendments2010—Subsec. (c). Pub. L. 111–203 inserted “or the Bureau of Consumer Financial Protection” after “Commission” wherever appearing.
Statutory Notes and Related SubsidiariesEffective Date of 2010 AmendmentAmendment 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
Marx v. Gen. Revenue Corp., 568 U.S. 371 (2013).
· cites it 4× “is the prevailing party in the action”); 15 U. S. C. §6104 (d) (2006 ed.) (“The court .”
Lackey v. Stinnie, 604 U.S. 192 (2025).
“§2412 (d)(2)(H) (de- fining “prevailing party” in eminent domain proceedings to “mea[n] a party who obtains a final judgment” of a certain amount); 15 U. S. C. §6104 (d) (authorizing courts hearing actions under the Telemarketing and Consumer Fraud and Abuse Prevention Act to…”
Connick v. Thompson, 563 U.S. 51 (2011).
· cites it 2× “”); 15 U. S. C. §6104 (a) (“Any person adversely affected by any pattern or practice of telemarketing .”
800-JR Cigar, Inc. v. GoTo. Com, Inc., 437 F. Supp. 2d 273 (D.N.J. 2006).
“15 U.S.C. § 6104 (a). First, GoTo argues that it is the public, not JR Cigar itself, that has been allegedly deceived by GoTo’s actions and that JR Cigar therefore lacks standing to bring a claim.”
Katz v. Dime Sav. Bank, FSB, 992 F. Supp. 250 (W.D.N.Y. 1997).
“For example, the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. § 6104 (a), authorizes a private cause of action by individuals “affected by any pattern or practice of telemarketing,” and the Telephone Consumer Protection Act, 47 U.”
Bridge v. Ocwen Fed. Bank, 669 F. Supp. 2d 853 (N.D. Ohio 2009).
“statute of limitations; and further since plaintiffs have made no attempt to comply with the FTC’s notice requirements even after Ocwen brought this to their attention in its motion to dismiss the First Amended Complaint, the Court should exercise its discretion to award Ocwen…”
Moore (N.D. Ill. 2025).
· cites it 2× “” 15 U.S.C. § 6104 (a). Thus, Defendants contend Plaintiffs’ TSR-based claim fails because Plaintiffs have alleged less than the $50,000 threshold.”
Mcdermet v. Directv, LLC (D. Mass. 2021).
“A private right of action exists for violations of the TSR, 15 U.S.C. § 6104 , but McDermet has not pursued any such claims here.”
Worsham v. Disc. Power, Inc (D. Maryland 2021).
“See 15 U.S.C. § 6104 (a). Worsham alleges a total of $42,000 in statutory damages under Maryland law, and therefore he cannot meet the $50,000 threshold.”
Worsham v. Disc. Power, Inc (D. Maryland 2021).
“See 15 U.S.C. § 6104 (a). Worsham now alleges a total of $36,500 in statutory damages under Maryland law, and therefore he cannot meet the $50,000 threshold.”
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