Sec. 107. Enforcement by the Federal Trade Commission
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/bill/114/hr/1704/ih/section-107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A violation of this title or a regulation promulgated under this title shall be treated as a 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. The Federal Trade Commission shall enforce this title and the regulations promulgated under this title 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 Act, except that the exceptions described in section 5(a)(2) of such Act ( 15 U.S.C. 45(a)(2) ) shall not apply.
Any business entity who violates this title or a regulation promulgated under this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. In a case in which enforcement under this title involves a business entity that is subject to the authority of the Federal Communications Commission, enforcement actions by the Commission, the Commission shall consult with the Federal Communications Commission. In a case in which enforcement under this title relates to financial information or information associated with the provision of a consumer financial product or service, enforcement actions by the Commission, the Commission shall consult with the Consumer Financial Protection Bureau.
The Commission shall consult with the Attorney General before opening an investigation. If the Attorney General determines that such an investigation would impede an ongoing criminal investigation or national security activity, the Commission may not open such investigation. The Commission may promulgate regulations, in addition to the regulations promulgated pursuant to section 106(b), relating to the duties of the Commission under this title, in accordance with section 553 of title 5, United States Code, as the Commission determines to be necessary to carry out this title.
With regard to a regulation promulgated under this section that relates to an entity subject to the authority of the Federal Communications Commission, the Commission may only promulgate such regulation after consultation with the Federal Communications Commission. With regard to a regulation promulgated under this section that relates to financial information or information associated with the provision of a consumer financial product or service, the Commission may only promulgate such regulation after consultation with the Consumer Financial Protection Bureau.
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