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Title 15 — Commerce and Trade

Chapter 87 — Telemarketing and Consumer Fraud and Abuse Prevention

§ 6107. Enforcement of orders

Statutory text

(a)

General authority

Subject to subsections (b) and (c), the Federal Trade Commission may bring a criminal contempt action for violations of orders of the Commission obtained in cases brought under section 53(b) of this title.

(b)

Appointment

An action authorized by subsection (a) may be brought by the Federal Trade Commission only after, and pursuant to, the appointment by the Attorney General of an attorney employed by the Commission, as a special assistant United States Attorney.

(c)

Request for appointment

(1)

Appointment upon request or motion

A special assistant United States Attorney may be appointed under subsection (b) upon the request of the Federal Trade Commission or the court which has entered the order for which contempt is sought or upon the Attorney General’s own motion.

(2)

Timing

The Attorney General shall act upon any request made under paragraph (1) within 45 days of the receipt of the request.

(d)

Termination of authority

The authority of the Federal Trade Commission to bring a criminal contempt action under subsection (a) expires 2 years after the date of the first promulgation of rules under section 6102 of this title. The expiration of such authority shall have no effect on an action brought before the expiration date.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–297 § 9 · 108 Stat. 1545

    Enacted · 15 U.S.C. § 6107

    (Pub. L. 103–297, § 9, Aug. 16, 1994, 108 Stat. 1550.)

    Source evidence

    Code source credit
    (Pub. L. 103–297, § 9, Aug. 16, 1994, 108 Stat. 1550.)

    Enacted provision · exact public law section
    SEC. 9. ENFORCEMENT OF ORDERS. (a) General Authority.— Subject to subsections (b) and (c), the Federal Trade Commission may bring a criminal contempt action for violations of orders of the Commission obtained in cases brought under section 13(b) of the Federal Trade Commission Act (15 U.S.C. 53(b)). (b) Appointment.— An action authorized by subsection (a) may be brought by the Federal Trade Commission only after, and pursuant to, the appointment by the Attorney General of an attorney employed by the Commission, as a special assistant United States Attorney. (c) Request for Appointment.— (1) Appointment upon request or motion.— A special assistant United States Attorney may be appointed under subsection (b) upon the request of the Federal Trade Commission or the court which has entered the order for which contempt is sought or upon the Attorney General’s own motion. (2) Timing.— The Attorney General shall act upon any request made under paragraph (1) within 45 days of the receipt of the request. (d) Termination of Authority.— The authority of the Federal Trade Commission to bring a criminal contempt action under subsection (a) expires 2 years after the date of the first promulgation of rules under section 3. The expiration of such authority shall have no effect on an action brought before the expiration date.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 103–297, § 9, , 108 Stat. 1550.)

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