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SEC. 410. ADMINISTRATIVE ENFORCEMENT.

  1. In General.–Compliance with the requirements imposed under this title with respect to credit repair organizations shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission.
  2. Violations of This Title Treated as Violations of Federal Trade Commission Act.–
    1. In general. — For the purpose of the exercise by the Federal Trade Commission of the Commission’s functions and powers under the Federal Trade Commission Act, any violation of any requirement or prohibition imposed under this title with respect to credit repair organizations shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act.
    2. Enforcement authority under other law. — All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this title by any person subject to enforcement by the Federal Trade Commission pursuant to this subsection, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of any Federal Trade Commission trade regulation rule, without regard to whether the credit repair organization–
      1. is engaged in commerce; or
      2. meets any other jurisdictional tests in the Federal Trade Commission Act.
  3. State Action for Violations.–
    1. Authority of states. — In addition to such other remedies as are provided under State law, whenever the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this title, the State–
      1. may bring an action to enjoin such violation;
      2. may bring an action on behalf of its residents to recover damages for which the person is liable to such residents under section 409 as a result of the violation; and
      3. in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court.
    2. Rights of commission.–
      1. Notice to commission.–The State shall serve prior written notice of any civil action under paragraph (1) upon the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action.
      2. Intervention.–The Commission shall have the right–
        1. to intervene in any action referred to in subparagraph (A);
        2. upon so intervening, to be heard on all matters arising in the action; and
        3. to file petitions for appeal.
    3. Investigatory powers. — For purposes of bringing any action under this subsection, nothing in this subsection shall prevent the chief law enforcement officer, or an official or agency designated by a State, from exercising the powers conferred on the chief law enforcement officer or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
    4. Limitation.

      5. — Whenever the Federal Trade Commission has instituted a civil action for violation of this title, no State may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Commission for any violation of this title that is alleged in that complaint.

Posted in Credit Repair Organizations Act.

By CROA
December 15, 2008

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