15 U.S.C. § 6105

Administration and applicability of chapter

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(a) In general

Except as otherwise provided in sections 6102(d), 6102(e), 6103, and 6104 of this title, this chapter shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this chapter.

(b) Actions by Commission

The Commission shall prevent any person from violating a rule of the Commission under section 6102 of this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this chapter. Any person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this chapter.

Nothing contained in this chapter shall be construed to limit the authority of the Commission under any other provision of law.

(d) Enforcement by Bureau of Consumer Financial Protection

Except as otherwise provided in sections 6102(d), 6102(e), 6103, and 6104 of this title, and subject to subtitle B of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.], this chapter shall be enforced by the Bureau of Consumer Financial Protection under subtitle E of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5561 et seq.], with respect to the offering or provision of a consumer financial product or service subject to that Act.

(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.)Editorial NotesReferences in Text

The Federal Trade Commission Act, referred to in subsecs. (a) and (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

This chapter, referred to in subsecs. (c) and (d), 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.

The Consumer Financial Protection Act of 2010, referred to in subsec. (d), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955. Subtitles B (§§ 1021–1029A) and E (§§ 1051–1058) of the Act are classified generally to parts B (§ 5511 et seq.) and E (§ 5561 et seq.), respectively, of subchapter V of chapter 53 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Tables.

Amendments

2010—Subsec. (d). Pub. L. 111–203 added subsec. (d).

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 28 cases (7 in the last 5 years), 2001–2025 · leading case: Fed. Trade Comm'n v. Stefanchik, 559 F.3d 924 (9th Cir. 2009).

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Fed. Trade Comm'n v. Stefanchik, 559 F.3d 924 (9th Cir. 2009). “See 15 U.S.C. § 6105 (b) (permitting the FTC to enforce violations of the TSR as though they were violations of the FTC Act).”

Morgan Drexen, Inc. v. Consum. Fin. Prot. Bureau, 785 F.3d 684 (D.C. Cir. 2015). · cites it 2× “§ 5564; see also 15 U.S.C. § 6105 (d). The district court, without reaching the merits of appellants’ constitutional challenge to Title X as a violation of the separation of powers, dismissed appellants’ complaint for injunctive and declaratory relief.”

Fed. Trade Comm'r v. Universal Processing Servs. of Wisconsin, LLC, 877 F.3d 1234 (11th Cir. 2017). “, 15 U.S.C. § 6105 (b). Finally, Section 13(b) of the FTC Act authorizes “the FTC to seek, and the district courts to grant, preliminary and permanent injunctions against practices that violate any of the laws , enforced by the Commission,” and this includes the power to grant…”

Fed. Trade Comm'n v. Lifewatch Inc., 176 F. Supp. 3d 757 (N.D. Ill. 2016). “See 15 U.S.C. § 6105 (b) (“The Commission shall prevent any person from violating a rule of the Commission under [ 15 U.”

United States v. Dish Network LLC, 256 F. Supp. 3d 810 (C.D. Ill. 2017). “§§ 45(m)(l)(A), 53(b), 56(a), and 57(b); and the Telemarketing Act, 15 U.S.C. § 6105 (a) & (b). The FTC authorized the Attorney General to commence this action on behalf of the United States pursuant to' FTC Act § 56(a).”

Nat'l Fed'n of the Blind v. Fed. Trade Comm'n, 303 F. Supp. 2d 707 (D. Maryland 2004). · cites it 2× “15 U.S.C. § 6105 (a). Under the FTC' Act, the FTC has jurisdiction over “persons, partnerships, or corporations,” except for banks, savings and loan institu *711 tions, federal credit unions, common carriers, and some other entities not relevant to this ease.”

Morgan Drexen, Inc. v. Consum. Fin. Prot. Bureau, 979 F. Supp. 2d 104 (D.D.C. 2013). “” 15 U.S.C. § 6105 (d). The Telemarketing Act generally prohibits “deceptive telemarketing acts or practices and other abusive telemarketing acts or practices,” id.”

Fed. Trade Comm'n v. J. William Enters., LLC, 283 F. Supp. 3d 1259 (M.D. Fla. 2017). · cites it 2× “§ 53 (b), and Section 6(b) of the Telemarketing and Consumer Fraud and Abuse Prevention Act ("Telemarketing Act"), 15 U.S.C. § 6105 (b), and sought equitable relief, including disgorgement of profits, rescission or reformation of consumers' contracts, refunds, and restitution.”

Fed. Trade Comm'n v. Hornbeam Special Situations, LLC, 308 F. Supp. 3d 1280 (N.D. Ga. 2018). “The iStream Defendants contend that to the extent these allegations are based on violations of the Telemarketing Sales Rule ("TSR"), the FTC is invoking 15 U.S.C. § 6105 (b), which is subject to a three-year statute of limitations when brought pursuant to Section 19 of the FTC…”

United States v. Dish Network LLC, 75 F. Supp. 3d 916 (C.D. Ill. 2014). “15 U.S.C. § 6105 (b). The FTC’s jurisdiction under the FTC Act extends to unfair competition and unfair or deceptive acts or practices in or affecting commerce, subject to exceptions for: certain specified industries regulated by other federal agencies, such as common carriers,…”

Fed. Trade Comm'n v. World Media Brokers, 415 F.3d 758 (7th Cir. 2005). “The court also ordered Yemec, Rapp, and the corporate defendants to pay $19 million in consumer redress.”

Mainstream Mktg. Servs., Inc. v. Fed. Trade Comm'n, 283 F. Supp. 2d 1151 (D. Colo. 2003). “15 U.S.C.A. § 6105 . Finally, the amended Rules contain an exemption which is critical to this case.”

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