mission Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this section shall be subject 
to the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.). 
(e) ENFORCEMENT BY STATES.— 
(1) AUTHORIZATION.—Subject to paragraph (2), 
in any case in which the attorney general of a State 
has reason to believe that an interest of the residents 
of the State has been or is threatened or adversely af-
fected by the engagement of any person subject to sub-
section (c) in a practice that violates such subsection, 
the attorney general of the State may, as parens 
patriae, bring a civil action on behalf of the residents 
of the State in an appropriate district court of the 
United States to obtain appropriate relief. 
(2) RIGHTS OF FEDERAL TRADE COMMISSION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Commission in writ-
ing that the attorney general intends to 
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bring a civil action under paragraph (1) 
before initiating the civil action against a 
person described in subsection (d)(1). 
(ii) CONTENTS.—The notification re-
quired by clause (i) with respect to a civil 
action shall include a copy of the complaint 
to be filed to initiate the civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION
BY
FEDERAL
TRADE 
COMMISSION.—The Commission may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1) against a person de-
scribed in subsection (d)(1); and 
(ii) upon intervening— 
(I) be heard on all matters arising 
in the civil action; and 
(II) file petitions for appeal of a 
decision in the civil action. 
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(3) INVESTIGATORY POWERS.—Nothing in this 
subsection may be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the State 
to conduct investigations, to administer oaths or affir-
mations, or to compel the attendance of witnesses or 
the production of documentary or other evidence. 
(4) PREEMPTIVE
ACTION
BY
FEDERAL
TRADE 
COMMISSION.—If the Federal Trade Commission in-
stitutes a civil action or an administrative action 
with respect to a violation of subsection (c), the attor-
ney general of a State may not, during the pendency 
of such action, bring a civil action under paragraph 
(1) against any defendant named in the complaint of 
the Commission for the violation with respect to 
which the Commission instituted such action. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of title 
28, United States Code; or 
(ii) another court of competent juris-
diction. 
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(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
(i) is an inhabitant; or 
(ii) may be found. 
(6) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to civil ac-
tions brought by attorneys general under para-
graph (1), any other consumer protection officer 
of a State who is authorized by the State to do 
so may bring a civil action under paragraph 
(1), subject to the same requirements and limita-
tions that apply under this subsection to civil 
actions brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
(f) EDUCATION AND OUTREACH FOR BUSINESSES.— 
Not later than 60 days after the date of the enactment of 
this Act, the Commission shall commence conducting edu-
cation and outreach that provides businesses with non-bind-
ing best practices for compliance with this Act. 
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(g) RELATION TO STATE CAUSES OF ACTION.—Noth-
ing in this section shall be construed to affect any cause 
of action brought by a person that exists or may exist under 
State law. 
(h) SAVINGS PROVISION.—Nothing in this section shall 
be construed to limit, impair, or supersede the operation 
of the Federal Trade Commission Act or any other provi-
sion of Federal law. 
(i) EFFECTIVE DATES.—This section shall take effect 
on the date of the enactment of this Act, except that— 
(1) subsections (b) and (c) shall apply with re-
spect to contracts in effect on or after the date that 
is 90 days after the date of the enactment of this Act; 
and 
(2) subsections (d) and (e) shall apply with re-
spect to contracts in effect on or after the date that 
is 1 year after the date of the enactment of this Act. 
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Union Calendar No. 567 
114TH CONGRESS 
2D SESSION 
H. R. 5111 
[Report No. 114–731] 
A BILL 
To prohibit the use of certain clauses in form con-
tracts that restrict the ability of a consumer to 
communicate regarding the goods or services of-
fered in interstate commerce that were the sub-
ject of the contract, and for other purposes. 
SEPTEMBER 9, 2016 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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