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15 U.S.C. § 7804 — Actions by States

submitted 22 years ago by Pub. L. 108-304 to r/title-15-COMMERCE-AND-TRADE · 485 words · no verdicts yet

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This section lets a State attorney general sue in federal court when an athlete agent’s practice violates section 7802 of this title and harms or threatens the State’s residents. It sets notice, intervention, venue, and service-of-process rules for those actions.

(a) In general (1) Civil actions If a State attorney general has reason to believe that an interest of the State’s residents has been harmed, is threatened, or is adversely affected by an athlete agent’s practice that violates section 7802 of this title, the State may bring a civil action for those residents in an appropriate United States district court to—(A) stop that practice; (B) enforce this chapter; or (C) obtain damages, restitution, or other compensation for the State’s residents. (2) Notice (A) In general Before filing an action under paragraph (1), the State attorney general must give the Commission written notice of the action and a copy of the complaint. (B) Exemption The notice requirement in subparagraph (A) does not apply if the attorney general decides that giving notice before filing is not feasible. In that case, the attorney general must give the Commission the notice and a copy of the complaint when the attorney general files the action. (b) Intervention (1) In general After receiving notice under subsection (a)(2), the Commission has the right to intervene in the action described in the notice. (2) Effect of intervention If the Commission intervenes in an action under subsection (a), it has the right—(A) to be heard on any matter that arises in the action; and (B) to file an appeal petition. (c) Construction For a civil action under subsection (a), nothing in this chapter may be read to prevent a State attorney general from using powers given by the State’s laws to—(1) conduct investigations; (2) administer oaths or affirmations; or (3) compel witnesses to attend or require the production of documents and other evidence. (d) Actions by the Commission If the Commission brings an action, or an action is brought for it, for a violation of section 7802 of this title, no State may, while that action is pending, bring an action under subsection (a) against a defendant named in the Commission’s complaint. (e) Venue An action under subsection (a) may be brought in the United States district court that meets the applicable venue requirements under section 1391 of title 28. (f) Service of process In an action under subsection (a), legal papers may be served in any district where the defendant—(1) lives; or (2) may be found.

the actual law source: uscode.house.gov ↗public domain
(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 chapter 1 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.

Source credit: (Pub. L. 108–304, § 5, Sept. 24, 2004, 118 Stat. 1127.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-304 · 118 Stat. 1127

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-304 on 2004-09-24.

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