Page:United States Statutes at Large Volume 108 Part 2.djvu/976

 108 STAT. 1692 PUBLIC LAW 103-312—AUG. 26, 1994 the Commission in the proceeding under subsection (b) that the act or practice which was the subject of such proceeding constituted an unfair or deceptive act or practice in violation of subsection (a).". SEC. 5. PREVALENCE OF UNLAWFUL ACTS OR PRACTICES. Section 18(b) (15 U.S.C. 57a(b)) is amended by adding at the end the following new paragraph: Proposed rule. "(3) The Commission shall issue a notice of proposed rulemaking pursuant to paragraph (1)(A) only where it has reason to believe that the unfair or deceptive acts or practices which are the subject of the proposed rulemaking are prevsdent. The Commission shall make a determination that unfair or deceptive acts or practices / are prevalent under this paragraph only if— V "(A) it has issued cease and desist orders regarding such acts or practices, or "(B) any other information available to the Commission indicates a widespread pattern of unfair or deceptive acts or practices.". SEC. 6. EFFECTIVE DATE OF ORDERS. (a) ORDERS SUBJECT TO PETITION FOR REVIEW. —Section 5(g)(2) (15 U.S.C. 45(g)(2)) is amended to read as follows: "(2) Except as to any order provision subject to paragraph (4), upon the sixtieth day after such order is served, if a petition for review has been duly filed; except that any such order may be stayed, in whole or in part and subject to such conditions as may be appropriate, by— "(A) the Commission; "(B) an appropriate court of appeals of the United V: ' XA States, if (i) a petition for review of such order is pending in such court, and (ii) an application for such a stay was previously submitted to the Commission and the Commission, within the 30-day period beginning on the date the application was received by the Commission, either denied the application or did not grant or deny the application; or "(C) the Supreme Court, if an applicable petition for certiorari is pending.". (b) ORDERS SUBJECT TO SECTIONS 5(m)(l)(B) AND 19(a)(2). — 'V Section 5(g)(3) (15 U.S.C. 45(g)(3)) is amended to read as follows: "(3) For purposes of subsection (m)(l)(B) and of section 19(a)(2), if a petition for review of the order of the Commission has been filed— "(A) upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Commission has been affirmed or the petition for review has been dismissed by the court of appeals and no petition for certiorari has been duly filed; "(B) upon the denial of a petition for certiorari, if the order of the Commission has been affirmed or the petition for review has been dismissed by the court of appeals; or "(C) upon the expiration of 30 days from the date of issuance of a mandate of the Supreme Court directing that the order of the Commission be affirmed or the petition for review be dismissed.".

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