Sec. 218. Federal enforcement
762 words·~3 min read·
/bill/113/s/1995/is/section-218A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Attorney General may bring a civil action in the appropriate United States district court against any business entity that engages in conduct constituting a violation of this subtitle and, upon proof of such conduct by a preponderance of the evidence, such business entity shall be subject to a civil penalty of not more than $500 per day per individual whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, up to a maximum of $20,000,000 per violation, unless such conduct is found to be willful or intentional.
A violation of section 212(b)(2)(C) shall be presumed to be willful or intentional conduct. If it appears that a business entity has engaged, or is engaged, in any act or practice constituting a violation of this subtitle, the Attorney General may petition an appropriate district court of the United States for an order— enjoining such act or practice; or enforcing compliance with this subtitle. A court may issue an order under paragraph (1), if the court finds that the conduct in question constitutes a violation of this subtitle.
Compliance with the requirements imposed under subtitle A and this subtitle may be enforced under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) by the Federal Trade Commission with respect to business entities subject to this Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed under this title shall constitute an unfair or deceptive act or practice in commerce in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(I)(B) ) regarding unfair or deceptive acts or practices and shall be subject to enforcement by the Federal Trade Commission under that Act with respect to any business entity, irrespective of whether that business entity is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission.
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 opening an investigation, the Federal Trade Commission shall consult with the Attorney General. The Federal Trade Commission may initiate investigations under this subsection unless the Attorney General determines that such an investigation would impede an ongoing criminal investigation or national security activity. In order to avoid conflicts and promote consistency regarding the enforcement and litigation of matters under this Act, not later than 180 days after the enactment of this Act, the Attorney General and the Commission shall enter into an agreement for coordination regarding the enforcement of this Act.
The coordination agreement entered into under subparagraph
(A)shall include provisions to ensure that parallel investigations and proceedings under this section are conducted in a manner that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws. If an enforcement action under this Act relates to customer proprietary network information, the Federal Trade Commission shall coordinate the enforcement action with the Federal Communications Commission. The Federal Trade Commission may, in consultation with the Attorney General, issue such other regulations as it determines to be necessary to carry out this subtitle. All regulations promulgated under this Act shall be issued in accordance with section 553 of title 5, United States Code. Where regulations relate to customer proprietary network information, the promulgation of such regulations will be coordinated with the Federal Communications Commission. The rights and remedies available under this subtitle are cumulative and shall not affect any other rights and remedies available under law. Section 605A(b)(1) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c–1(b)(1) ) is amended in the matter preceding subparagraph
(A)by inserting , or evidence that the consumer has received notice that the consumer's financial information has or may have been compromised, after identity theft report .
Connectionstraces to 2
1 reference not yet in our index
- 15 USC 1681c–1(b)(1)
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources