Sec. 209. Enforcement and applicability

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Except as otherwise provided, this title and the regulations prescribed under this title shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). Subject to subsection (b), a violation of this title or a regulation prescribed under this title shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). Subject to subsection (b), and except as provided in subsection (d)(1), the Commission shall prevent any person from violating this title or a regulation prescribed 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 title.

Any person who violates this title or a regulation prescribed under this title 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. ). Notwithstanding subsection (a), compliance with the requirements imposed under this title shall be enforced as follows: Under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ) by the appropriate Federal banking agency, with respect to an insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 )).

Under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) by the National Credit Union Administration Board, with respect to any Federal credit union. Under part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to such part. Under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ) (except as provided in section 406 of such Act ( 7 U.S.C. 226 ; 227)) by the Secretary of Agriculture, with respect to any activities subject to such Act.

Under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. ) by the Farm Credit Administration, with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. In any case in which the attorney general 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 the engagement of any person in a practice that violates this title or a regulation prescribed under this title, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— enjoin that practice; enforce compliance with this title or such regulation; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain such other relief as the court may consider to be appropriate.

Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph

(1)before initiating the civil action. The notification required by clause

(i)with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. If it is not feasible for the attorney general of a State to provide the notification required by clause

(i)before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. The Federal Trade Commission may— intervene in any civil action brought by the attorney general of a State under paragraph (1); and upon intervening— be heard on all matters arising in the civil action; and file petitions for appeal of a decision in the civil action. For purposes of bringing any civil action under paragraph (1), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the 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. If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of this title, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph

(1)against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. Any action brought under paragraph

(1)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. In an action brought under paragraph (1), process may be served in any district in which the defendant— is an inhabitant; or may be found. In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), compliance with the requirements imposed under this title shall be enforced by the Commission with respect to any telecommunications carrier (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )). To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 ; 338(i); 551) are inconsistent with this title, this title controls.

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