§23. Suits by United States; subpoenas for witnesses — Inbound Citations

Citations to 15 U.S.C. § 23 as a whole

• 5A U.S.C. Reorg. Plan No. 3 of 1978

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  43 F.R. 41943, 92 Stat. 3788
• 15 U.S.C. § 77z–1(a)(3)(B)(iii)(I)(cc)

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  (cc) otherwise satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure.
• 15 U.S.C. § 78u–4(a)(3)(B)(iii)(I)(cc)

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  (cc) otherwise satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure.
• 15 U.S.C. § 2310(a)(3)

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  (3) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission’s rules under paragraph (2). If—

  (A) a warrantor establishes such a procedure,

  (B) such procedure, and its implementation, meets the requirements of such rules, and

  (C) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty,

  then (i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and (ii) a class of consumers may not proceed in a class action under subsection (d) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.
• 15 U.S.C. § 2310(e)

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  (e) No action (other than a class action or an action respecting a warranty to which subsection (a)(3) applies) may be brought under subsection (d) for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) applies) brought under subsection (d) for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure.
• 15 U.S.C. § 6614(c)(3)(A)(ii)

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  (ii) the court determines the action may not proceed as a class action based on a failure to satisfy the conditions of Rule 23 of the Federal Rules of Civil Procedure.