--- kind: "section" citation: "49 U.S.C. § 14711" title: "49" title_heading: "Transportation" number: "14711" heading: "Enforcement by State attorneys general" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/14711" units: - "Subtitle IV — Interstate Transportation" - "Part B — Motor Carriers, Water Carriers, Brokers, and Freight Forwarders" - "Chapter 147 — Enforcement; Investigations; Rights; Remedies" --- # §14711. Enforcement by State attorneys general - (a) **In General.—** A [State](/usc/49/10102.md?p=8), as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the [United States](/usc/49/10102.md?p=10) to enforce the consumer protection provisions of this title that apply to [individual shippers](/usc/49/13102.md?p=13), as determined by the [Secretary](/usc/49/13102.md?p=20), and are related to the delivery and [transportation](/usc/49/10102.md?p=9) of [household goods](/usc/49/13102.md?p=10) by a [household goods motor carrier](/usc/49/13102.md?p=12-A) subject to jurisdiction under subchapter I of [chapter 135](/usc/49/chstIV/ptB/ch135.md) or regulations or orders of the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/10102.md?p=1) issued under such provisions or to impose the civil penalties authorized by this part or such regulations or orders, whenever the attorney general of the [State](/usc/49/10102.md?p=8) has reason to believe that the interests of the residents of the [State](/usc/49/10102.md?p=8) have been or are being threatened or adversely affected by a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) providing [transportation](/usc/49/10102.md?p=9) subject to jurisdiction under subchapter I or III of [chapter 135](/usc/49/chstIV/ptB/ch135.md) or a [foreign motor carrier](/usc/49/13102.md?p=6) providing [transportation](/usc/49/10102.md?p=9) that is registered under [section 13902](/usc/49/13902.md) and is engaged in [household goods](/usc/49/13102.md?p=10) [transportation](/usc/49/10102.md?p=9) that violates this part or a regulation or order of the [Secretary](/usc/49/13102.md?p=20) or [Board](/usc/49/10102.md?p=1), as applicable, issued under this part. - (b) **Notice and Consent.—** - (1) **In general.—** The [State](/usc/49/10102.md?p=8) shall serve written notice to the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/10102.md?p=1), as the case may be, of any civil action under [subsection (a)](#a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action. - (2) **Conditions.—** The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/10102.md?p=1)— - (A) shall review the initiation of a civil action under this section by a [State](/usc/49/10102.md?p=8) if— - (i) the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) that is the subject of the action is not registered with the Department of [Transportation](/usc/49/10102.md?p=9); - (ii) the license of the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department; - (iii) the [carrier](/usc/49/13102.md?p=3) is not rated or has received a conditional or unsatisfactory safety rating by the Department; or - (iv) the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) has been licensed with the Department for less than 5 years; and - (B) may review if the [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) fails to meet criteria developed by the [Secretary](/usc/49/13102.md?p=20) that are consistent with this section. - (3) **Congressional notification.—** The [Secretary](/usc/49/13102.md?p=20) shall notify the Committee on Commerce, Science, and [Transportation](/usc/49/10102.md?p=9), of the Senate and the Committee on [Transportation](/usc/49/10102.md?p=9) and Infrastructure of the House of Representatives of any criteria developed by the [Secretary](/usc/49/13102.md?p=20) under [paragraph (2)(B)](#b-2-B). - (4) **60-day deadline.—** The [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/10102.md?p=1) shall be considered to have consented to any civil action of a [State](/usc/49/10102.md?p=8) under this section if the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/10102.md?p=1) has taken no action with respect to the notice within 60 calendar days after the date on which the [Secretary](/usc/49/13102.md?p=20) or the [Board](/usc/49/10102.md?p=1) received notice under [paragraph (1)](#b-1). - (c) **Authority to Intervene.—** Upon receiving the notice required by [subsection (b)](#b), the [Secretary](/usc/49/13102.md?p=20) or [board](/usc/49/10102.md?p=1) may intervene in a civil action of a [State](/usc/49/10102.md?p=8) under this section 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 actions. - (d) **Construction.—** For purposes of bringing any civil action under [subsection (a)](#a), nothing in this section shall— - (1) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or - (2) prevent the attorney general of a [State](/usc/49/10102.md?p=8) from exercising the powers conferred on the attorney general by the laws of such [State](/usc/49/10102.md?p=8) 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) **Venue; Service of Process.—** In a civil action brought under [subsection (a)](#a)— - (1) the venue shall be a Federal judicial district in which— - (A) the [carrier](/usc/49/13102.md?p=3), [foreign motor carrier](/usc/49/13102.md?p=6), or [broker](/usc/49/13102.md?p=2) operates; - (B) the [carrier](/usc/49/13102.md?p=3), [foreign motor carrier](/usc/49/13102.md?p=6), or [broker](/usc/49/13102.md?p=2) was authorized to provide [transportation](/usc/49/10102.md?p=9) at the time the complaint arose; or - (C) where the defendant in the civil action is found; - (2) process may be served without regard to the territorial limits of the district or of the [State](/usc/49/10102.md?p=8) in which the civil action is instituted; and - (3) a [person](/usc/49/13102.md?p=18) who participated with a [carrier](/usc/49/13102.md?p=3) or [broker](/usc/49/13102.md?p=2) in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the [person](/usc/49/13102.md?p=18). - (f) **Enforcement of State Law.—** Nothing contained in this section shall prohibit an authorized [State](/usc/49/10102.md?p=8) official from proceeding in [State](/usc/49/10102.md?p=8) court to enforce a criminal statute of such [State](/usc/49/10102.md?p=8). ## Source credit (Added Pub. L. 109–59, title IV, § 4206(b)(1), Aug. 10, 2005, 119 Stat. 1755; amended Pub. L. 109–115, div. A, title I, § 173(c), (d), Nov. 30, 2005, 119 Stat. 2426.) ## Notes ### Editorial Notes ### Amendments 2005—Subsec. (b)(1). Pub. L. 109–115, § 173(c), (e), temporarily inserted at end “The State may initiate a civil action under subsection (a) if it is reviewable under subsection (b)(2).” See Termination Date of 2005 Amendment note below. Subsec. (b)(4). Pub. L. 109–115, § 173(d), (e), temporarily inserted “that is subject to review under subsection (b)(2)” before “if the Secretary”. See Termination Date of 2005 Amendment note below. ### Statutory Notes and Related Subsidiaries ### Termination Date of 2005 Amendment Amendment by Pub. L. 109–115 to cease to be in effect after Sept. 30, 2006, see section 173(e) of Pub. L. 109–115, set out as a note under section 14710 of this title. ### Deemed References to Chapters 509 and 511 of Title 51 General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.