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Code · BILL · 113th Congress · S. 2378 (Introduced in Senate) — To establish a regulatory framework for the comprehensive protection of personal data for individuals under the aegis... · Sec. 152

Sec. 152. Enforcement by the Federal Trade Commission

282 words·~1 min read·/bill/113/s/2378/is/section-152

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A reckless or repetitive violation of a provision of this title, except section 143, shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. Except as provided in paragraph (3), the Commission shall enforce this title, except section 143, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title.
Except as provided in paragraph (3), any person who violates a provision of this title, except section 143, shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). The Commission shall enforce this title, except section 143, with respect to common carriers and nonprofit organizations described in section 151 to the extent necessary to effectuate the purposes of this title as if such carriers and nonprofit organizations were persons over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)).
In promulgating rules under this title, the Commission may not require the deployment or use of any specific products or technologies, including any specific computer software or hardware. The Commission shall promulgate regulations under this title in accordance with section 553 of title 5, United States Code. Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law.
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