Sec. 204. Enforcement by State attorneys general
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/bill/115/s/2124/is/section-204A 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 any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law, has reason to believe that a covered entity has violated section 201 or 202, the State, as parens patriae, may bring a civil action on behalf of the residents of that State to— enjoin that act or practice; enforce compliance with section 201 or 202; or impose a civil penalty in an amount that is not greater than the product of the number of individuals whose sensitive personally identifiable information was placed at risk as a result of the violation and $16,500.
The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. If a court determines under subparagraph
(A)that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $10,000,000. Before filing an action under this subsection, the attorney general of the State involved shall provide to the Attorney General of the United States and the Federal Trade Commission— a written notice of that action; and a copy of the complaint for that action. Subparagraph
(A)shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general of a State determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action. In an action described under subparagraph (B), the attorney general of a State shall provide the written notice and the copy of the complaint to the Attorney General of the United States and the Federal Trade Commission as soon after the filing of the complaint as practicable. Upon receiving notice under paragraph (2), the Attorney General of the United States and the Federal Trade Commission shall have the right to— move to stay the action, pending the final disposition of a pending Federal proceeding or action as described in section 203; initiate an action in the appropriate United States district court under section 203 and move to consolidate all pending actions, including State actions, in such court; intervene in an action brought under paragraph (1); and file petitions for appeal. If the Attorney General of the United States or the Federal Trade Commission initiates a Federal civil action for a violation of this subtitle, or any regulations thereunder, no attorney general of a State may bring an action for a violation of this subtitle that resulted from the same or related acts or omissions against a defendant named in the Federal civil action initiated by the Attorney General of the United States or the Federal Trade Commission. For purposes of bringing any civil action under paragraph
(1)nothing in this subtitle 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 and 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. Nothing in this subtitle establishes a private cause of action against a business entity for violation of any provision of this subtitle.