---
kind: "section"
citation: "15 U.S.C. § 6104"
title: "15"
title_heading: "Commerce and Trade"
number: "6104"
heading: "Actions by private persons"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6104"
units:
  - "Chapter 87 — Telemarketing and Consumer Fraud and Abuse Prevention"
---

# §6104. Actions by private persons

- (a) **In general—** Any [person](/usc/15/7a.md?p=6) adversely affected by any pattern or practice of [telemarketing](/usc/15/6106.md?p=4) which violates any rule of the [Commission](/usc/15/6106.md?p=2) under [section 6102 of this title](/usc/15/6102.md), or an authorized [person](/usc/15/7a.md?p=6) acting on such [person](/usc/15/7a.md?p=6)’s behalf, may, within 3 years after discovery of the violation, bring a civil action in an appropriate district court of the United States against a [person](/usc/15/7a.md?p=6) who has engaged or is engaging in such pattern or practice of [telemarketing](/usc/15/6106.md?p=4) if the amount in controversy exceeds the sum or value of $50,000 in actual damages for each [person](/usc/15/7a.md?p=6) adversely affected by such [telemarketing](/usc/15/6106.md?p=4). Such an action may be brought to enjoin such [telemarketing](/usc/15/6106.md?p=4), to enforce compliance with any rule of the [Commission](/usc/15/6106.md?p=2) under [section 6102 of this title](/usc/15/6102.md), to obtain damages, or to obtain such further and other relief as the court may deem appropriate.
- (b) **Notice—** The plaintiff shall serve prior written notice of the action upon the [Commission](/usc/15/6106.md?p=2) and provide the [Commission](/usc/15/6106.md?p=2) with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the [person](/usc/15/7a.md?p=6) shall serve such notice immediately upon instituting such action. The [Commission](/usc/15/6106.md?p=2) shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal.
- (c) **Action by Commission or the Bureau of Consumer Financial Protection—** Whenever a civil action has been instituted by or on behalf of the [Commission](/usc/15/6106.md?p=2) or the Bureau of Consumer Financial Protection for violation of any rule prescribed under [section 6102 of this title](/usc/15/6102.md), no [person](/usc/15/7a.md?p=6) may, during the pendency of such action instituted by or on behalf of the [Commission](/usc/15/6106.md?p=2) or the Bureau of Consumer Financial Protection, institute a civil action against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint.
- (d) **Cost and fees—** The court, in issuing any final order in any action brought under [subsection (a)](#a), may award costs of suit and reasonable fees for attorneys and expert witnesses to the prevailing party.
- (e) **Construction—** Nothing in this section shall restrict any right which any [person](/usc/15/7a.md?p=6) may have under any statute or common law.
- (f) **Venue; service of process—** Any civil action brought under [subsection (a)](#a) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under [section 1391 of title 28](/usc/28/1391.md). Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found.

## Source credit

(Pub. L. 103–297, § 5, Aug. 16, 1994, 108 Stat. 1549; Pub. L. 111–203, title X, § 1100C(c), July 21, 2010, 124 Stat. 2111.)

## Notes

### Editorial Notes

### Amendments

2010—Subsec. (c). Pub. L. 111–203 inserted “or the Bureau of Consumer Financial Protection” after “Commission” wherever appearing.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.