---
kind: "section"
citation: "15 U.S.C. § 8405"
title: "15"
title_heading: "Commerce and Trade"
number: "8405"
heading: "Enforcement by State attorneys general"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/8405"
units:
  - "Chapter 110 — Online Shopper Protection"
---

# §8405. Enforcement by State attorneys general

- (a) **Right of action—** Except as provided in [subsection (e)](#e), the attorney general of a [State](/usc/15/15g.md?p=2), or other authorized [State](/usc/15/15g.md?p=2) officer, alleging a violation of this chapter or any regulation issued under this chapter that affects or may affect such [State](/usc/15/15g.md?p=2) or its residents may bring an action on behalf of the residents of the [State](/usc/15/15g.md?p=2) in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under [section 1391 of title 28](/usc/28/1391.md), to obtain appropriate injunctive relief.
- (b) **Notice to Commission required—** A [State](/usc/15/15g.md?p=2) shall provide prior written notice to the Federal Trade Commission of any civil action under [subsection (a)](#a) together with a copy of its complaint, except that if it is not feasible for the [State](/usc/15/15g.md?p=2) to provide such prior notice, the [State](/usc/15/15g.md?p=2) shall provide such notice immediately upon instituting such action.
- (c) **Intervention by the Commission—** The Commission may intervene in such civil action and upon intervening—
  - (1) be heard on all matters arising in such civil action; and
  - (2) file petitions for appeal of a decision in such civil action.
- (d) **Construction—** Nothing in this section shall be construed—
  - (1) to prevent the attorney general of a [State](/usc/15/15g.md?p=2), or other authorized [State](/usc/15/15g.md?p=2) officer, from exercising the powers conferred on the attorney general, or other authorized [State](/usc/15/15g.md?p=2) officer, by the laws of such [State](/usc/15/15g.md?p=2); or
  - (2) to prohibit the attorney general of a [State](/usc/15/15g.md?p=2), or other authorized [State](/usc/15/15g.md?p=2) officer, from proceeding in [State](/usc/15/15g.md?p=2) or Federal court on the basis of an alleged violation of any civil or criminal statute of that [State](/usc/15/15g.md?p=2).
- (e) **Limitation—** No separate suit shall be brought under this section if, at the time the suit is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States under this chapter.

## Source credit

(Pub. L. 111–345, § 6, Dec. 29, 2010, 124 Stat. 3621.)