Sec. 203. Enforcement

992 words·~5 min read·/bill/113/s/1897/is/section-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any business entity that violates the provisions of section 201 or 202 shall be subject to civil penalties of not more than $5,000 per violation per day while such a violation exists, with a maximum of $500,000 per violation. A business entity that intentionally or willfully violates the provisions of section 201 or 202 shall be subject to additional penalties in the amount of $5,000 per violation per day while such a violation exists, with a maximum of an additional $500,000 per violation.

Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions shall not exceed $500,000, unless such conduct is found to be willful or intentional. The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact.

The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. If a court determines under subparagraph

(B)that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $500,000. A business entity engaged in interstate commerce that violates this section may be enjoined from further violations by a United States district court. The rights and remedies available under this section are cumulative and shall not affect any other rights and remedies available under law. Any business entity shall have the provisions of this subtitle enforced against it by the Federal Trade Commission. In any case in which the attorney general of a State or any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the acts or practices of a business entity that violate this subtitle, the State may bring a civil action on behalf of the residents of that State in a district court of the United States of appropriate jurisdiction to— enjoin that act or practice; enforce compliance with this subtitle; or obtain civil penalties of not more than $5,000 per violation per day while such violations persist, up to a maximum of $500,000 per violation. Notwithstanding any other provision of law, the total sum of civil penalties assessed against a business entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions shall not exceed $500,000, unless such conduct is found to be willful or intentional. The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. If a court determines under subparagraph

(B)that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $500,000. Before filing an action under this subsection, the attorney general of the State involved shall provide to the Federal Trade Commission— a written notice of that action; and a copy of the complaint for that action. Subparagraph

(A)shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general of a State determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action. In an action described under subparagraph (B), the attorney general of a State shall provide the written notice and the copy of the complaint to the Federal Trade Commission as soon after the filing of the complaint as practicable. Upon receiving notice under paragraph (2), the Federal Trade Commission shall have the right to— move to stay the action, pending the final disposition of a pending Federal proceeding or action as described in paragraph (4); intervene in an action brought under paragraph (1); and file petitions for appeal. If the Federal Trade Commission initiates a Federal civil action for a violation of this subtitle, or any regulations thereunder, no attorney general of a State may bring an action for a violation of this subtitle that resulted from the same or related acts or omissions against a defendant named in the Federal civil action initiated by the Federal Trade Commission. For purposes of bringing any civil action under paragraph

(1)nothing in this subtitle shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— conduct investigations; administer oaths and affirmations; or compel the attendance of witnesses or the production of documentary and other evidence. Any action brought under this subsection may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under this subsection, process may be served in any district in which the defendant— is an inhabitant; or may be found. Nothing in this subtitle establishes a private cause of action against a business entity for violation of any provision of this subtitle.