Page:United States Statutes at Large Volume 114 Part 3.djvu/1031

 PUBLIC LAW 106-469—NOV. 9, 2000 114 STAT. 2053 SEC. 712. VIOLATIONS. 42 USC 6201 (a) PROHIBITION.— It shall be unlawful for any person to conduct a consumer education activity, undertaken with funds derived from assessments collected by the Alliance under section 707, that includes— (1) a reference to a private brand name; (2) a false or unwarranted claim on behalf of oilheat or related products; or (3) a reference with respect to the attributes or use of any competing product. (b) COMPLAINTS. — — — (1) IN GENERAL.—^A public utility that is aggrieved by a violation described in subsection (a) may file a complaint with the Alliance. (2) TRANSMITTAL TO QUALIFIED STATE ASSOCIATION.- - A complaint shall be transmitted concurrently to any qualified State association undertaking the consumer education activity with respect to which the complaint is made. (3) CESSATION OF ACTIVITIES.—On receipt of a complaint under this subsection, the Alliance, and any qualified State association undertaking the consumer education activity with respect to which the complaint is made, shall cease that consumer education activity until— (A) the complaint is withdrawn; or (B) a court determines that the conduct of the activity complained of does not constitute a violation of subsection (a). (c) RESOLUTION BY PARTIES.— (1) IN GENERAL.— Not later than 10 days after a complaint Deadline, is filed and transmitted under subsection (b), the complaining party, the Alli£ince, and any qualified State association undertaking the consumer education activity with respect to which the complaint is made shall meet to attempt to resolve the complaint. (2) WITHDRAWAL OF COMPLAINT. —I f the issues in dispute are resolved in those discussions, the complaining party shall withdraw its complednt. (d) JUDICIAL REVIEW. — (1) IN GENERAL.—^A public utility filing a complaint under this section, the Allismce, a qualified State association undertaking the consumer education activity with respect to which a complaint under this section is made, or any person aggrieved by a violation of subsection (a) may seek appropriate relief in United States district court. (2) RELIEF.— A public utility filing a complaint under this section shall be entitled to temporary and injunctive relief enjoining the consumer education activity with respect to which a complaint under this section is made until— (A) the complaint is withdrawn; or (B) the court has determined that the consumer education activity complained of does not constitute a violation of subsection (a). (e) ATTORNEY'S FEES.— (1) MERITORIOUS CASE.— In a case in Federal court in which the court grants a public utility injimctive relief under subsection (d), the public utility shall be entitled to recover an

�