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PUBLIC LAW 91-366-JULY 31, 1970

[84 STAT.

Public Law 91-366 July 31, 1970 [S.1046]

Gold and silver articles. Consumer protection.

75 Stat. 775. Civil injunctive relief. 15 USC 298.

Costs, recovery.

15 USC 299.

"Person."

"Jewelry trade association."

AN ACT To protect consumers by providing a civil remedy for misrepresentation of the quality of articles composed in whole or in part of gold or silver and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act forbidding the importation, exportation, or carriage in interstate commerce of falsely stamped articles of merchandise made of gold or silver or their alloys, and for other purposes", approved June 13, 1906 (34 Stat. 260), as amended October 4, 1961 (75 Stat. 776; 15 U.S.C. 294 et seq.), is amended by— (a) Inserting immediately after the section number "SEC. 5." the subsection designation " (a) ". (b) Adding at the end of the newly designated subsection "SEC. 5. (a) " the following new subsections: " (b) Any competitor, customer, or competitor of a customer of any person in violation of section 1, 2, 3, or 4 of this Act, or any subsequent purchaser of an article of merchandise which has been the subject of a violation of section 1,2,3, or 4 of this Act, shall be entitled to injunctive relief restraining further violation of this Act and may sue therefor in any district court of the United States in the district in which the defendant resides or has an agent, without respect to the amount in controversy, and shall recover damages and the cost of suit, including a reasonable attorney's fee. "(c) Any duly organized and existing jewelry trade association shall be entitled to injunctive relief restraining any person in violation of section 1, 2, 3, or 4 of this Act from further violation of this Act and may sue therefor as the real party in interest in any district court of the United States in the district in which the defendant resides or has an agent, without respect to the amount in controversy, and if successful shall recover the cost of suit, including a reasonable attorney's fee. If the court determines that the action has been brought frivolously, for purposes of harassment, or in implementation of any scheme in restraint of trade, it may award punitive damages to the defendant. " (d) Any defendant against whom a civil action is brought under the provisions of this Act shall be entitled to recover the cost of defending the suit, including a reasonable attorney's fee, in the event such action is terminated without a finding by the court that such defendant is or has been in violation of this Act. "(e) The district courts shall have exclusive original jurisdiction of any civil action arising under the provisions of this Act." (c) Inserting immediately after the section number "SEC. 6." the subsection designation " (a) ". (d) Adding at the end of the newly designated subsection "SEC. 6. (a) " the following new subsections: " (b) The term 'person' means an individual, partnership, corporation, or any other form of business enterprise, capable of being in violation of this Act. "(c) The term 'jewelry trade association' means an organization, consisting primarily of persons actively engaged in the jewelry or a related business, the purposes and activities of which are primarily directed to the improvement of business conditions in the jewelry or related businesses."

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