; and (B) may file petitions for appeal of a decision in the civil action. (4) Construction Nothing in this subsection shall be construed— (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. 4. Definitions In this Act: (1) Automatic renewal contract The term automatic renewal contract means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (2) Continuity plan contract The term continuity plan contract means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (3) Free-to-pay conversion contract The term free-to-pay conversion contract means a contract between any person and any consumer under which— (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. (4) Negative option agreement The term negative option agreement means— (A) an automatic renewal contract; (B) a continuity plan contract; (C) a free-to-pay conversion contract; (D) a pre-notification negative option plan contract