49 U.S. Code § 14711. Enforcement by State attorneys general
A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the consumer protection provisions of this title that apply to individual shippers, as determined by the Secretary, and are related to the delivery and transportation of household goods by a household goods motor carrier subject to jurisdiction under subchapter I of chapter 135 or regulations or orders of the Secretary or the Board issued under such provisions or to impose the civil penalties authorized by this part or such regulations or orders, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a carrier or broker providing transportation subject to jurisdiction under subchapter I or III of chapter 135 or a foreign motor carrier providing transportation that is registered under section 13902 and is engaged in household goods transportation that violates this part or a regulation or order of the Secretary or Board, as applicable, issued under this part.
(b)Notice and Consent.—
(2)Conditions.—The Secretary or the Board—
(A) shall review the initiation of a civil action under this section by a State if—
the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department; or
(4) 60-day deadline.—
The Secretary or the Board shall be considered to have consented to any civil action of a State under this section if the Secretary or the Board has taken no action with respect to the notice within 60 calendar days after the date on which the Secretary or the Board received notice under paragraph (1).
(c)Authority to Intervene.—Upon receiving the notice required by subsection (b), the Secretary or board may intervene in a civil action of a State under this section and upon intervening—
(d)Construction.—For purposes of bringing any civil action under subsection (a), nothing in this section shall—
convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or
(e)Venue; Service of Process.—In a civil action brought under subsection (a)—
(1) the venue shall be a Federal judicial district in which—
process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and
(f)Enforcement of Law.—
2005—Subsec. (b)(1). Pub. L. 109–115, § 173(c), (e), temporarily inserted at end “The State may initiate a civil action under subsection (a) if it is reviewable under subsection (b)(2).” See Termination Date of 2005 Amendment note below.
Termination Date of 2005 Amendment