(E) ISSUANCE OF ORDER.—In the event of 
such consent, or if upon the record made at any 
such hearing, the Agency shall find that any 
violation specified in the notice of charges has 
been established, the Agency may issue and 
serve upon the person an order to cease-and-de-
sist from any such violation or practice. 
(F) INCLUDES
REQUIREMENT
FOR
COR-
RECTIVE ACTION.—Such order may, by provi-
sions which may be mandatory or otherwise, re-
quire the person to cease-and-desist from the 
same, and, further, to take affirmative action to 
correct the conditions resulting from any such 
violation. 
(2) EFFECTIVENESS OF ORDER.—A cease-and- 
desist order shall take effect at the end of the 30- 
day period beginning on the date of the service of 
such order upon the covered person concerned (ex-
cept in the case of a cease-and-desist order issued 
upon consent, which shall take effect at the time 
specified therein), and shall remain effective and en-
forceable as provided therein, except to such extent 
as it is stayed, modified, terminated, or set aside by 
action of the Agency or a reviewing court. 
(3) DECISION AND APPEAL.— 
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(A) PLACE
OF
AND
PROCEDURES
FOR 
HEARING.—Any hearing provided for in this 
subsection shall be held in the Federal judicial 
district or in the territory in which the resi-
dence or home office of the person is located 
unless the person consents to another place, 
and shall be conducted in accordance with the 
provisions of chapter 5 of title 5 of the United 
States Code. 
(B) TIME
LIMIT
FOR
DECISION.—After 
such hearing, and within 90 days after the 
Agency has notified the parties that the case 
has been submitted to it for final decision, the 
Agency shall— 
(i) render its decision (which shall in-
clude findings of fact upon which its deci-
sion is predicated) and shall issue; and 
(ii) serve upon each party to the pro-
ceeding an order or orders consistent with 
the provisions of this section. Judicial re-
view of any such order shall be exclusively 
as provided in this subsection. 
(C) 
MODIFICATION
OF
ORDER
GEN-
ERALLY.—Unless a petition for review is timely 
filed in a court of appeals of the United States, 
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as hereinafter provided in paragraph (4), and 
thereafter until the record in the proceeding has 
been filed as so provided, the Agency may at 
any time, upon such notice and in such manner 
as it shall deem proper, modify, terminate, or 
set aside any such order. 
(D) MODIFICATION OF ORDER AFTER FIL-
ING RECORD ON APPEAL.—Upon such filing of 
the record, the Agency may modify, terminate, 
or set aside any such order with permission of 
the court. 
(4) APPEAL TO COURT OF APPEALS.— 
(A) IN GENERAL.—Any party to any pro-
ceeding under this subsection may obtain a re-
view of any order served pursuant to this sub-
section (other than an order issued with the 
consent of the person concerned) by the filing 
in the court of appeals of the United States for 
the circuit in which the principal office of the 
covered person is located, or in the United 
States Court of Appeals for the District of Co-
lumbia Circuit, within 30 days after the date of 
service of such order, a written petition praying 
that the order of the Agency be modified, termi-
nated, or set aside. 
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(B) TRANSMITTAL OF COPY TO THE AGEN-
CY.—A copy of such petition shall be forthwith 
transmitted by the clerk of the court to the 
Agency, and thereupon the Agency shall file in 
the court the record in the proceeding, as pro-
vided in section 2112 of title 28 of the United 
States Code. 
(C) JURISDICTION OF COURT.—Upon the 
filing of such petition, such court shall have ju-
risdiction, which upon the filing of the record 
shall except as provided in the last sentence of 
paragraph (3) be exclusive, to affirm, modify, 
terminate, or set aside, in whole or in part, the 
order of the agency. 
(D) SCOPE OF REVIEW.—Review of such 
proceedings shall be had as provided in chapter 
7 of title 5 of the United States Code. 
(E) FINALITY.—The judgment and decree 
of the court shall be final, except that the same 
shall be subject to review by the Supreme Court 
upon certiorari, as provided in section 1254 of 
title 28 of the United States Code. 
(5) NO
STAY.—The commencement of pro-
ceedings for judicial review under paragraph (4) 
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shall not, unless specifically ordered by the court, 
operate as a stay of any order issued by the agency. 
(c) SPECIAL RULES FOR TEMPORARY CEASE-AND- 
DESIST PROCEEDINGS.— 
(1) ISSUANCE.— 
(A) IN GENERAL.—Whenever the Agency 
determines that the violation specified in the 
notice of charges served upon a person pursu-
ant to subsection (b), or the continuation there-
of, is likely to cause the person to be insolvent 
or otherwise prejudice the interests of con-
sumers before the completion of the proceedings 
conducted pursuant to subsection (b), the Agen-
cy may issue a temporary order requiring the 
covered person to cease-and-desist from any 
such violation or practice and to take affirma-
tive action to prevent or remedy such insolvency 
or other condition pending completion of such 
proceedings. 
(B) OTHER
REQUIREMENTS.—Any tem-
porary order issued under this paragraph may 
include any requirement authorized under this 
subtitle. 
(C) EFFECT DATE OF ORDER.—Any tem-
porary order issued under this paragraph shall 
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100 
take effect upon service upon the person and, 
unless set aside, limited, or suspended by a 
court in proceedings authorized by paragraph 
(2) of this subsection, shall remain effective and 
enforceable pending the completion of the ad-
ministrative proceedings pursuant to such no-
tice and until such time as the Agency shall dis-
miss the charges specified in such notice, or if 
a cease-and-desist order is issued against the 
person, until the effective date of such order. 
(2) APPEAL.—Within 10 days after the person 
concerned has been served with a temporary cease- 
and-desist order, the person may apply to the United 
States district court for the judicial district in which 
the home office of the covered person is located, or 
the United States District Court for the District of 
Columbia, for an injunction setting aside, limiting, 
or suspending the enforcement, operation, or effec-
tiveness of such order pending the completion of the 
administrative proceedings pursuant to the notice of 
charges served upon the person under subsection 
(b), and such court shall have jurisdiction to issue 
such injunction. 
(3) INCOMPLETE OR INACCURATE RECORDS.— 
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101 
(A) TEMPORARY ORDER.—If a notice of 
charges served under subsection (b) specifies, 
on the basis of particular facts and cir-
cumstances, that a person’s books and records 
are so incomplete or inaccurate that the Agency 
is unable to determine the financial condition of 
that person or the details or purpose of any 
transaction or transactions that may have a 
material effect on the financial condition of that 
person, the Agency may issue a temporary 
order requiring— 
(i) the cessation of any activity or 
practice which gave rise, whether in whole 
or in part, to the incomplete or inaccurate 
state of the books or records; or 
(ii) affirmative action to restore such 
books or records to a complete and accu-
rate state, until the completion of the pro-
ceedings under subsection (b)(1). 
(B) EFFECTIVE PERIOD.—Any temporary 
order issued under subparagraph (A)— 
(i) shall take effect upon service; and 
(ii) unless set aside, limited, or sus-
pended by a court in proceedings under 
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102 
paragraph (2), shall remain in effect and 
enforceable until the earlier of— 
(I) the completion of the pro-
ceeding initiated under subsection (b) 
in connection with the notice of 
charges; or 
(II) the date the Agency deter-
mines, by examination or otherwise, 
that the person’s books and records 
are accurate and reflect the financial 
condition of the person. 
(d) SPECIAL RULES
FOR ENFORCEMENT
OF OR-
DERS.— 
(1) IN GENERAL.—The Agency may in its dis-
cretion apply to the United States district court 
within the jurisdiction of which the principal office 
of the covered person is located, for the enforcement 
of any effective and outstanding notice or order 
issued under this section, and such court shall have 
jurisdiction and power to order and require compli-
ance herewith. 
(2) EXCEPTION.—Except as otherwise provided 
in this subsection, no court shall have jurisdiction to 
affect by injunction or otherwise the issuance or en-
forcement of any notice or order or to review, mod-
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103 
ify, suspend, terminate, or set aside any such notice 
or order. 
(e) REGULATIONS.—The Agency shall prescribe regu-
lations establishing such procedures as may be necessary 
to carry out this section. 
SEC. 154. LITIGATION AUTHORITY. 
(a) IN GENERAL.—If any person violates a provision 
of this title, any enumerated consumer law, any law for 
which authorities were transferred under subtitles F and 
H, or any regulation prescribed or order issued by the 
Agency under this title or pursuant to any such authority, 
the Agency may commence a civil action against such per-
son to impose a civil penalty or to seek all appropriate 
legal or equitable relief including a permanent or tem-
porary injunction as permitted by law. 
(b) REPRESENTATION.—The Agency may act in its 
own name and through its own attorneys in enforcing any 
provision of this title, regulations under this title, or any 
other law or regulation, or in any action, suit, or pro-
ceeding to which the Agency is a party. 
(c) COMPROMISE
OF ACTIONS.—The Agency may 
compromise or settle any action if such compromise is ap-
proved by the court. 
(d) NOTICE TO THE ATTORNEY GENERAL.—When 
commencing a civil action under this title, any enumerated 
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104 
consumer law, any law for which authorities were trans-
ferred under subtitles F and H, or any regulation there-
under, the Agency shall notify the Attorney General. 
(e) APPEARANCE BEFORE THE SUPREME COURT.— 
The Agency may represent itself in its own name before 
the Supreme Court of the United States, if— 
(1) the Agency makes a written request to the 
Attorney General within the 10-day period which be-
gins on the date of entry of the judgment which 
would permit any party to file a petition for writ of 
certiorari; and 
(2) the Attorney General concurs with such re-
quest or fails to take action within 60 days of the 
Agency’s request. 
(f) FORUM.—Any civil action brought under this title 
may be brought in a United States district court or in 
any court of competent jurisdiction of a state in a district 
in which the defendant is located or resides or is doing 
business, and such court shall have jurisdiction to enjoin 
such person and to require compliance with this title, any 
enumerated consumer law, any law for which authorities 
were transferred under subtitles F and H, or any regula-
tion prescribed or order issued by the Agency under this 
title or pursuant to any such authority. 
(g) TIME FOR BRINGING ACTION.— 
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105 
(1) IN
GENERAL.—Except as otherwise per-
mitted by law, no action may be brought under this 
title more than 3 years after the violation to which 
an action relates. 
(2) LIMITATIONS
UNDER
OTHER
FEDERAL 
LAWS.— 
(A) For purposes of this section, an action 
arising under this title shall not include claims 
arising solely under enumerated consumer laws. 
(B) In any action arising solely under an 
enumerated consumer law, the Agency may 
commence, defend, or intervene in the action in 
accordance with the requirements of that law, 
as applicable. 
(C) In any action arising solely under the 
laws for which authorities were transferred by 
subtitles F and H, the Agency may commence, 
defend, or intervene in the action in accordance 
with the requirements of that law, as applicable. 
SEC. 155. RELIEF AVAILABLE. 
(a) ADMINISTRATIVE PROCEEDINGS OR COURT AC-
TIONS.— 
(1) JURISDICTION.—The court (or Agency, as 
the case may be) in an action or adjudication pro-
ceeding brought under this title, any enumerated 
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