(c) Injunction proceedings by Attorney
General or Commission for deceptive warranty, noncompliance with requirements,
or violating prohibitions; procedures; definitions
(1) The district
courts of the United States shall have jurisdiction of any action brought by the
Attorney General (in his capacity as such), or by the Commission by any of its
attorneys designated by it for such purpose, to restrain
(A)
any warrantor from making a deceptive warranty with
respect to a consumer product, or
(B)
any person from failing to comply with any requirement
imposed on such person by or pursuant to this chapter or from violating any
prohibition contained in this chapter. Upon proper showing that, weighing the
equities and considering the Commission’s or Attorney General’s likelihood of
ultimate success, such action would be in the public interest and after notice
to the defendant, a temporary restraining order or preliminary injunction may be
granted without bond. In the case of an action brought by the Commission, if a
complaint under section
45 of this title is not filed within such period (not exceeding 10 days) as
may be specified by the court after the issuance of the temporary restraining
order or preliminary injunction, the order or injunction shall be dissolved by
the court and be of no further force and effect. Any suit shall be brought in
the district in which such person resides or transacts business. Whenever it
appears to the court that the ends of justice require that other persons should
be parties in the action, the court may cause them to be summoned whether or not
they reside in the district in which the court is held, and to that end process
may be served in any district.
(2) For the purposes
of this subsection, the term “deceptive warranty” means
(A)
a written warranty which
(i)
contains an affirmation, promise, description, or
representation which is either false or fraudulent, or which, in light of all of
the circumstances, would mislead a reasonable individual exercising due care; or
(ii)
fails to contain information which is necessary in light
of all of the circumstances, to make the warranty not misleading to a reasonable
individual exercising due care; or
(B)
a written warranty created by the use of such terms as
“guaranty” or “warranty”, if the terms and conditions of such warranty so limit
its scope and application as to deceive a reasonable individual.
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