Sec. 204. Enforcement by State Attorneys General
613 words·~3 min read·
/bill/113/s/1995/is/section-204A 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 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, or any other court of competent 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 $20,000,000 per violation.
In determining the amount of a civil penalty under this subsection, the court shall take into account— the degree of culpability of the business entity; any prior violations of this subtitle by the business entity; the ability of the business entity to pay a civil penalty; the effect on the ability of the business entity to continue to do business; the number of individuals whose sensitive personally identifiable information was compromised by the breach; the relative cost of compliance with this subtitle; and such other matters as justice may require.
Before filing an action under this subsection, the attorney general of the State involved shall provide to the Attorney General— 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 in subparagraph (B), the attorney general of a State shall provide the written notice and a copy of the complaint to the Attorney General as soon after the filing of the complaint as practicable. Upon receiving notice under subsection (a)(3), the Attorney General shall have the right to— move to stay the action, pending the final disposition of a pending Federal proceeding or action described in subsection (c); initiate an action in the appropriate United States district court under section 218 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 has instituted a proceeding or action for a violation of this subtitle or any regulations thereunder, no attorney general of a State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in such criminal proceeding or civil action for any violation that is alleged in that proceeding or action. For purposes of bringing any civil action under subsection (a), nothing in this section 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.