15 U.S.C. § 7804

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 7804 - Actions by States

(a) In general

(1) Civil actions

In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any athlete agent in a practice that violates section 7802 of this title, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-

(A) enjoin that practice;

(B) enforce compliance with this chapter; or

(C) obtain damage, restitution, or other compensation on behalf of residents of the State.

(2) Notice

(A) In general

Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission-

(i) written notice of that action; and

(ii) a copy of the complaint for that action.

(B) Exemption

Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.

(b) Intervention

(1) In general

On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice.

(2) Effect of intervention

If the Commission intervenes in an action under subsection (a), it shall have the right-

(A) to be heard with respect to any matter that arises in that action; and

(B) to file a petition for appeal.

(c) Construction

For purposes of bringing any civil action under subsection (a), nothing in this chapter¹ shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-

(1) conduct investigations;

(2) administer oaths or affirmations; or

(3) compel the attendance of witnesses or the production of documentary and other evidence.

(d) Actions by the Commission

In any case in which an action is instituted by or on behalf of the Commission for a violation of section 7802 of this title, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action.

(e) Venue

Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28.

(f) Service of process

In an action brought under subsection (a), process may be served in any district in which the defendant-

(1) is an inhabitant; or

(2) may be found.

¹See References in Text note below.

15 U.S.C. § 7804

Pub. L. 108-304, §5, Sept. 24, 2004, 118 Stat. 1127.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsec. (c), was in the original "this title" and was translated as reading "this Act", meaning Pub. L. 108-304 to reflect the probable intent of Congress, because Pub. L. 108-304 does not contain titles.

Commission: The term "Commission" means the Federal Trade Commission.
State: The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
athlete agent: The term "athlete agent" means an individual who enters into an agency contract with a student athlete, or directly or indirectly recruits or solicits a student athlete to enter into an agency contract, and does not include a spouse, parent, sibling, grandparent, or guardian of such student athlete, any legal counsel for purposes other than that of representative agency, or an individual acting solely on behalf of a professional sports team or professional sports organization.