HR 3402 RFS
(ii) NOTIFICATION.—In an action de-
scribed in clause (i), the State shall pro-
vide notice and a copy of the complaint to 
the Commission at the same time as the 
State files the action. 
(b) INTERVENTION BY COMMISSION.— 
(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 Com-
mission 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; 
(B) to remove the action to the appro-
priate United States District Court; and 
(C) to file a petition for appeal. 
(c) CONSTRUCTION.—For purposes of bringing any 
civil action under subsection (a), nothing in this section 
shall be construed to prevent an attorney general of a 
State, a State utility commission, or other consumer pro-
tection agency authorized by State law from exercising the 
powers conferred on the attorney general or other appro-
priate official by the laws of that State to— 
VerDate Aug 31 2005 
04:16 Oct 03, 2008
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3402.RFS
H3402
wwoods2 on PRODPC68 with BILLS
HR 3402 RFS
(1) conduct investigations; 
(2) administer oaths or affirmations; 
(3) compel the attendance of witnesses or the 
production of documentary and other evidence; or 
(4) enforce any State law. 
(d) ACTION BY THE COMMISSION MAY PRECLUDE 
STATE ACTION.—In any case in which an action is insti-
tuted by or on behalf of the Commission for violation of 
this Act, or any regulation issued under this Act, no State 
may, during the pendency of that action, institute an ac-
tion under subsection (a) against any defendant named 
in the complaint in that action for violation of this Act 
or regulation. 
(e) VENUE; SERVICE OF PROCESS.— 
(1) VENUE.—Any action brought under sub-
section (a) may be brought in the district court of 
the United States that meets applicable require-
ments relating to venue under section 1391 of title 
28, United States Code. 
(2) SERVICE
OF
PROCESS.—In an action 
brought under subsection (a), process may be served 
in any district in which the defendant— 
(A) is an inhabitant; or 
(B) may be found. 
VerDate Aug 31 2005 
04:16 Oct 03, 2008
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3402.RFS
H3402
wwoods2 on PRODPC68 with BILLS
HR 3402 RFS 
(f) LIMITATION.—No prepaid calling card distributor 
who is a retail merchant or seller of prepaid calling cards, 
who, with respect to such cards, is exclusively engaged in 
point-of-sale transactions may be liable for damages in an 
action authorized under this section unless such dis-
tributor acted with actual knowledge that the act or prac-
tice giving rise to such action is unfair or deceptive and 
is unlawful under this Act. 
SEC. 6. APPLICATION. 
This Act shall apply to— 
(1) any prepaid calling card issued or placed 
into the stream of commerce beginning 90 days after 
the date on which final regulations are promulgated 
pursuant to section 4(c); and 
(2) any advertising, promotion, point-of-sale 
material or voice prompt regarding a prepaid calling 
card that is disseminated beginning 90 days after 
the date on which final regulations are promulgated 
pursuant to section 4(c). 
If the Commission determines that it is not feasible for 
prepaid calling card providers or distributors to comply 
with the requirements of this Act with respect to prepaid 
calling cards issued or placed into the stream of commerce 
after such 90-day period, the Commission may extend 
such period by not more than an additional 90 days. 
VerDate Aug 31 2005 
05:43 Oct 03, 2008
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3402.RFS
H3402
wwoods2 on PRODPC68 with BILLS
HR 3402 RFS 
SEC. 7. EFFECT ON STATE LAWS. 
After the date on which final regulations are promul-
gated pursuant to section 4(c), no State or political sub-
division of a State may establish or continue in effect any 
provision of law that prescribes disclosure requirements 
with respect to prepaid calling cards unless such require-
ments are identical to the requirements of section 3. 
SEC. 8. G.A.O. STUDY. 
Beginning 2 years after the date on which final regu-
lations are promulgated pursuant to section 4(c), the 
Comptroller General shall conduct a study of the effective-
ness of this Act and the disclosures required under this 
Act and shall submit a report of such study to Congress 
not later than 3 years after the date of enactment of this 
Act. 
Passed the House of Representatives September 25, 
2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Aug 31 2005 
05:43 Oct 03, 2008
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3402.RFS
H3402
wwoods2 on PRODPC68 with BILLS