Page:United States Statutes at Large Volume 123.djvu/699

 123STA T .679PUBLIC LA W 111 –8—M A R .11, 2 0 09 ap p ro pr i a teS tate or d i s tri c tco u rto f t h e Un ited States to enforce the pro v isions of section 128 of the T ruth in L endin gA ct ( 1 5 U . S. C . 1 63 8 ), an y other provision of the Truth in Lending Act, or any m ortgage l oan rule promulgated b y the F ederal Trade Commission to obtain penalties and relief provided under such Act or rule w henever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of such Act or rule. (2) The State shall serve written notice to the Commission of any civil action under paragraph (1) at least 6 0 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, e x cept that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (3) Upon receiving the notice re q uired by paragraph (2), the Commission may intervene in such civil action and upon inter - vening — (A) be heard on all matters arising in such civil action ( B ) remove the action to the appropriate United States district court; and (C) file petitions for appeal of a decision in such civil action. ( 4 ) N othing in this subsection shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authori z ed State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) I n a civil action brought under paragraph (1)— (A) the venue shall be a j udicial district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 13 9 1 of title 28, United States Code; and (B) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted. (6) W henever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any provision of law or rule described in paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under that paragraph against any defendant named in the complaint in such action for violation of any law or rule as alleged in such complaint. ( 7 ) If the attorney general of a State prevails in any civil action under paragraph (1), the State can recover reasonable costs and attorney fees from the lender or related party. (c) Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by adding at the end the following

‘(m) C IV I LPENA L T IE S IN FE D E R AL TRADE C OM MISSION E N F OR C EMENT ACTIONS.—For purposes of enforcement by the Fed- eral Trade Commission, any violation of a regulation issued by the Federal R eserve Board pursuant to subsection (l)(2) of this Notice.D e adl i n e.