PUBLIC LAW 109–347—OCT. 13, 2006
120 STAT. 1959
‘‘(B) otherwise prevent or prohibit the acceptance of the products or services of the payment system, member, or participant in connection with restricted transactions; and ‘‘(2) such policies and procedures of the designated payment system comply with the requirements of regulations prescribed under subsection (a). ‘‘(d) NO LIABILITY FOR BLOCKING OR REFUSING TO HONOR RESTRICTED TRANSACTIONS.—A person that identifies and blocks a transaction, prevents or prohibits the acceptance of its products or services in connection with a transaction, or otherwise refuses to honor a transaction— ‘‘(1) that is a restricted transaction; ‘‘(2) that such person reasonably believes to be a restricted transaction; or ‘‘(3) as a designated payment system or a member of a designated payment system in reliance on the policies and procedures of the payment system, in an effort to comply with regulations prescribed under subsection (a), shall not be liable to any party for such action. ‘‘(e) REGULATORY ENFORCEMENT.—The requirements under this section shall be enforced exclusively by— ‘‘(1) the Federal functional regulators, with respect to the designated payment systems and financial transaction providers subject to the respective jurisdiction of such regulators under section 505(a) of the Gramm-Leach-Bliley Act and section 5g of the Commodities Exchange Act; and ‘‘(2) the Federal Trade Commission, with respect to designated payment systems and financial transaction providers not otherwise subject to the jurisdiction of any Federal functional regulators (including the Commission) as described in paragraph (1). ‘‘§ 5365. Civil remedies ‘‘(a) JURISDICTION.—In addition to any other remedy under current law, the district courts of the United States shall have original and exclusive jurisdiction to prevent and restrain restricted transactions by issuing appropriate orders in accordance with this section, regardless of whether a prosecution has been initiated under this subchapter. ‘‘(b) PROCEEDINGS.— ‘‘(1) INSTITUTION BY FEDERAL GOVERNMENT.— ‘‘(A) IN GENERAL.—The United States, acting through the Attorney General, may institute proceedings under this section to prevent or restrain a restricted transaction. ‘‘(B) RELIEF.—Upon application of the United States under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure. ‘‘(2) INSTITUTION BY STATE ATTORNEY GENERAL.— ‘‘(A) IN GENERAL.—The attorney general (or other appropriate State official) of a State in which a restricted transaction allegedly has been or will be initiated, received, or otherwise made may institute proceedings under this
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