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15 U.S.C. § 70fInjunction proceedings

submitted 68 years ago by Pub. L. 85-897 to r/title-15-COMMERCE-AND-TRADE · 171 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission can sue to stop someone from violating sections 70a, 70c, 70d, 70g, or 70h(b). This works when stopping the act now serves the public interest while an FTC case is pending. Courts can grant this injunction without requiring the Commission to post a bond.

The Commission can go to court when it has reason to believe two things. First, that a person is doing, or is about to do, something that sections 70a, 70c, 70d, 70g, or 70h(b) make unlawful. Second, that stopping that act now would serve the public interest — until the Commission issues a complaint under the Federal Trade Commission Act and that complaint is dismissed or set aside by a court, or until a cease-and-desist order on it becomes final. When both are true, the Commission can sue in the U.S. district court, or a territorial court, for the district or Territory where the person lives or does business. It can ask the court to stop the act. If the Commission makes the proper showing, the court must grant a temporary injunction or restraining order — without the Commission having to post a bond.
the actual law source: uscode.house.gov ↗public domain

Whenever the Commission has reason to believe—

(a)

that any person is doing, or is about to do, an act which by section 70a, 70c, 70d, 70g, or 70h(b) of this title is declared to be unlawful; and

(b)

that it would be to the public interest to enjoin the doing of such act until complaint is issued by the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] and such complaint is dismissed by the Commission or set aside by the court on review or until an order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act,

the Commission may bring suit in the district court of the United States or in the United States court of any Territory, for the district or Territory in which such person resides or transacts business, to enjoin the doing of such act and upon proper showing a temporary injunction or restraining order shall be granted without bond.

Source credit: (Pub. L. 85–897, § 8, Sept. 2, 1958, 72 Stat. 1721.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-897 · 72 Stat. 1721

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-897 on 1958-09-02.

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