15 U.S.C. § 21a — Actions and proceedings pending prior to June 19, 1936; additional and continuing violations

submitted 90 years ago by ch. 592 to r/title-15-COMMERCE-AND-TRADE · 379 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law preserves lawsuits, cases, and FTC orders that existed before June 19, 1936. If a person kept violating section 13 after that date, the FTC can reopen the case with a new complaint. A court setting aside the new order doesn't undo the original order.

This law protects rights and cases that already existed before June 19, 1936. It does not affect: rights of action already arising, litigation already pending, or Federal Trade Commission orders that were issued and in effect, or pending on review, based on section 13 of this title, before that date. But there's an exception for ongoing violations. Say the Commission already issued a cease-and-desist order against someone for violating section 13, and that order is still pending review or still in effect — whether as originally issued or as a court affirmed or modified it. If the Commission has reason to believe that person has committed, used, or carried on the same kind of violation since June 19, 1936, or is still doing so, the Commission can reopen the original proceedings. To do that, it serves the person with a complaint supplementary to the original complaint, stating the new charges. The same procedures used for the original complaint under section 21 of this title apply to this supplementary complaint. If, after a hearing, the Commission finds the person has committed, used, or carried on the violation charged in the supplementary complaint — since June 19, 1936, or currently — the Commission must issue a written report stating its factual findings. Then it issues and serves an order that modifies or amends the original order to add the newly found violations. After that, section 21's provisions on review and enforcement of Commission orders apply fully to this modified or amended order. If a court reviewing the modified order later sets it aside, the original order is not affected — it stays in force exactly as if the supplementary proceedings had never been taken.

the actual law source: uscode.house.gov ↗public domain

Nothing herein contained shall affect rights of action arising, or litigation pending, or orders of the Federal Trade Commission issued and in effect or pending on review, based on section 13 of this title, prior to June 19, 1936: Provided, That where, prior to June 19, 1936, the Federal Trade Commission has issued an order requiring any person to cease and desist from a violation of section 13 of this title, and such order is pending on review or is in effect, either as issued or as affirmed or modified by a court of competent jurisdiction, and the Commission shall have reason to believe that such person has committed, used or carried on, since June 19, 1936, or is committing, using or carrying on, any act, practice or method in violation of any of the provisions of said section 13 of this title, it may reopen such original proceedings and may issue and serve upon such person its complaint, supplementary to the original complaint, stating its charges in that respect. Thereupon the same proceedings shall be had upon such supplementary complaint as provided in section 21 of this title. If upon such hearing the Commission shall be of the opinion that any act, practice, or method charged in said supplementary complaint has been committed, used, or carried on since June 19, 1936, or is being committed, used or carried on, in violation of said section 13 of this title, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and serve upon such person its order modifying or amending its original order to include any additional violations of law so found. Thereafter the provisions of section 21 of this title, as to review and enforcement of orders of the Commission shall in all things apply to such modified or amended order. If upon review as provided in said section 21 of this title the court shall set aside such modified or amended order, the original order shall not be affected thereby, but it shall be and remain in force and effect as fully and to the same extent as if such supplementary proceedings had not been taken.

Source credit: (June 19, 1936, ch. 592, § 2, 49 Stat. 1527.)

history & why it existsrecord from the source credit

1936Enacted · Act of June 19, 1936, ch. 592 · 49 Stat. 1527

A history note hasn’t been published yet. The record shows enactment by ch. 592 on 1936-06-19.

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