--- kind: "section" citation: "15 U.S.C. § 5712" title: "15" title_heading: "Commerce and Trade" number: "5712" heading: "Actions by States" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/15/5712" units: - "Chapter 83 — Telephone Disclosure and Dispute Resolution" - "Subchapter I — Regulation of Unfair and Deceptive Acts and Practices in Connection with Pay-Per-Call Services" --- # §5712. Actions by States - (a) **In general—** Whenever an [attorney general](/usc/15/5714.md?p=2) of any [State](/usc/15/5714.md?p=3) has reason to believe that the interests of the residents of that [State](/usc/15/5714.md?p=3) have been or are being threatened or adversely affected because any [person](/usc/15/7a.md?p=6) has engaged or is engaging in a pattern or practice which violates any rule of the [Commission](/usc/15/5714.md?p=4) under [section 5711(a) of this title](/usc/15/5711.md?p=a), the [State](/usc/15/5714.md?p=3) may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such pattern or practice, to enforce compliance with such rule of the [Commission](/usc/15/5714.md?p=4), to obtain damages on behalf of their residents, or to obtain such further and other relief as the court may deem appropriate. - (b) **Notice—** The [State](/usc/15/5714.md?p=3) shall serve prior written notice of any civil action under [subsection (a)](#a) upon the [Commission](/usc/15/5714.md?p=4) and provide the [Commission](/usc/15/5714.md?p=4) with a copy of its complaint, except that if it is not feasible for the [State](/usc/15/5714.md?p=3) to provide such prior notice, the [State](/usc/15/5714.md?p=3) shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the [Commission](/usc/15/5714.md?p=4) shall have the right (1) to intervene in such action, (2) upon so intervening, to be heard on all matters arising therein, and (3) to file petitions for appeal. - (c) **Venue—** Any civil action brought under this section in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found. - (d) **Investigatory powers—** For purposes of bringing any civil action under this section, nothing in this chapter shall prevent the [attorney general](/usc/15/5714.md?p=2) from exercising the powers conferred on the [attorney general](/usc/15/5714.md?p=2) by the laws of such [State](/usc/15/5714.md?p=3) to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. - (e) **Effect on State court proceedings—** Nothing contained in this section shall prohibit an authorized [State](/usc/15/5714.md?p=3) official from proceeding in [State](/usc/15/5714.md?p=3) court on the basis of an alleged violation of any general civil or criminal antifraud statute of such [State](/usc/15/5714.md?p=3). - (f) **Limitation—** Whenever the [Commission](/usc/15/5714.md?p=4) has instituted a civil action for violation of any rule or regulation under this chapter, no [State](/usc/15/5714.md?p=3) may, during the pendency of such action instituted by the [Commission](/usc/15/5714.md?p=4), subsequently institute a civil action against any defendant named in the [Commission](/usc/15/5714.md?p=4)’s complaint for violation of any rule as alleged in the [Commission](/usc/15/5714.md?p=4)’s complaint. - (g) **Actions by other State officials—** - (1) Nothing contained in this section shall prohibit an authorized [State](/usc/15/5714.md?p=3) official from proceeding in [State](/usc/15/5714.md?p=3) court on the basis of an alleged violation of any general civil or criminal statute of such [State](/usc/15/5714.md?p=3). - (2) In addition to actions brought by an [attorney general](/usc/15/5714.md?p=2) of a [State](/usc/15/5714.md?p=3) under [subsection (a)](#a), such an action may be brought by officers of such [State](/usc/15/5714.md?p=3) who are authorized by the [State](/usc/15/5714.md?p=3) to bring actions in such [State](/usc/15/5714.md?p=3) for protection of consumers and who are designated by the [Commission](/usc/15/5714.md?p=4) to bring an action under [subsection (a)](#a) against [persons](/usc/15/7a.md?p=6) that the [Commission](/usc/15/5714.md?p=4) has determined have or are engaged in a pattern or practice which violates a rule of the [Commission](/usc/15/5714.md?p=4) under [section 5711(a) of this title](/usc/15/5711.md?p=a). ## Source credit (Pub. L. 102–556, title II, § 202, Oct. 28, 1992, 106 Stat. 4190.) ## Notes ### Editorial Notes ### References in Text This chapter, referred to in subsecs. (d) and (f), was in the original “this Act”, meaning Pub. L. 102–556, Oct. 28, 1992, 106 Stat. 4181, known as the Telephone Disclosure and Dispute Resolution Act. For complete classification of this Act to the Code, see References in Text note set out under section 5701 of this title and Tables.