Sec. 108. Enforcement by State attorneys general
475 words·~2 min read·
/bill/114/hr/1704/ih/section-108·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 an official or agency of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice in violation of this title or a regulation promulgated under this title, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— enjoin that practice; enforce compliance with this title; or impose civil penalties of not more than $1,000 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 $1,000,000 per violation, unless such conduct is found to be willful or intentional.
Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Attorney General and the Commission— a written notice of the action; and a copy of the complaint for the action. An action may not be filed under paragraph
(1)if the Attorney General determines that the filing would impede a criminal investigation or national security activity. Upon receiving notice under subsection (a)(2), the Commission may— 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 107 and move to consolidate all pending actions, including State actions, in such court; intervene in the action brought under subsection (a); or file petitions for appeal. If the Commission has instituted a proceeding or action for a violation of this title or any regulations promulgated under this title, a State attorney general, official, or agency may not bring an action under this title during the pendency of the Federal action against any defendant named in such proceeding or 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 title shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on such attorney general, official, or agency 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.