Page:United States Statutes at Large Volume 112 Part 4.djvu/762

 112 STAT. 2681-733 PUBLIC LAW 105-277—OCT. 21, 1998 (b) may be appealed to a district court of the United States of appropriate jurisdiction as provided for in section 706 of title 5, United States Code. 15 USC 6504. SEC. 1305. ACTIONS BY STATES. (a) IN GENERAL. — (1) CIVIL ACTIONS.—In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 1303(b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with the regulation; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) NOTICE. — (A) IN GENERAL.—Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) EXEMPTION.— (i) IN GENERAL. — Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) NOTIFICATION. —In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) INTERVENTION.— (1) IN GENERAL.— On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) EFFECT OF INTERVENTION.— I f the Commission intervenes in an action under subsection (a), it shall have the right— (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (3) AMICUS CURIAE.— Upon application to the court, a person whose self-regulatory guidelines have been approved by the Commission and are relied upon as a defense by any defendant to a proceeding under this section may file amicus curiae in that proceeding. (c) CONSTRUCTION.—For purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—

�