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Code · BILL · 113th Congress · S. 1897 (Introduced in Senate) — To prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance cri... · Sec. 218

Sec. 218. Enforcement by State attorneys general

727 words·~3 min read·/bill/113/s/1897/is/section-218

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

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 engagement of a business entity in a practice that is prohibited under this subtitle, the State or the State or local law enforcement agency on behalf of the residents of the agency's jurisdiction, may bring a civil action on behalf of the residents of the State or jurisdiction in a district court of the United States of appropriate jurisdiction to— enjoin that practice; enforce compliance with this subtitle; or civil penalties of not more than $11,000 per day per security breach up to a maximum of $1,000,000 per violation, unless such conduct is found to be willful or intentional.
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 may not exceed $1,000,000, 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 $1,000,000. Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Attorney General of the United States— written notice of the action; and a copy of the complaint for the action. Subparagraph
(A)shall not apply with respect to the filing of an action by an attorney general of a State under this subtitle, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the time the State attorney general files the action. Upon receiving notice under subsection (a)(2), the Attorney General shall have the right to— move to stay the action, pending the final disposition of a pending Federal proceeding or action; initiate an action in the appropriate United States district court under section 217 and move to consolidate all pending actions, including State actions, in such court; intervene in an action brought under subsection (a)(2); and file petitions for appeal. If the Attorney General or the Federal Trade Commission initiate a criminal proceeding or civil action for a violation of a provision of this subtitle, or any regulations thereunder, no attorney general of a State may bring an action for a violation of a provision of this subtitle against a defendant named in the Federal criminal proceeding or civil action. For purposes of bringing any civil action under subsection (a), nothing in this subtitle regarding notification shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to— conduct investigations; administer oaths or affirmations; or compel the attendance of witnesses or the production of documentary and other evidence. Any action brought under subsection
(a)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; or another court of competent jurisdiction. In an action brought under subsection (a), 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.
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