Sec. 408. Relief available
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/bill/116/hr/4978/ih/section-408·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any civil action or any adjudication proceeding brought by the Agency or the attorney general of a State, under any provision of this Act or a rule or order prescribed under this Act, the court or the Agency (as the case may be) shall have jurisdiction to grant any appropriate legal or equitable relief with respect to a violation of such provision. Relief under this section may include— rescission or reformation of contracts; refund of moneys; restitution; disgorgement or compensation for unjust enrichment; payment of damages or other monetary relief; public notification regarding the violation, including the costs of notification; limits on the activities or functions of the person; and civil money penalties, as provided in subsection (c).
Nothing in this subsection shall be construed as authorizing the imposition of exemplary or punitive damages. In any civil action brought by the Agency or the attorney general of a State under any provision of this Act or a rule or order prescribed under this Act, the Agency or attorney general may recover its costs in connection with prosecuting such action if the Agency or attorney general is the prevailing party in the action. Any person who violates, through any act or omission, any provision of this Act or a rule or order prescribed under this Act shall forfeit and pay a civil penalty under this subsection.
The amount of a civil penalty under this subsection may not exceed, for each violation, the product of— the maximum civil penalty for which a person, partnership, or corporation may be liable under section 5(m)(1)(A) of the Federal Trade Commission Act ( 15 U.S.C. 45(m)(1)(A) ) for a violation of a rule under such Act respecting unfair or deceptive acts or practices, as adjusted under the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. 2461 note); and the number of individuals the personal information of which is affected by the violation.
In the case of a violation through continuing failure to comply with a provision of this Act or a rule or order prescribed under this Act, each day of continuance of such failure shall be treated as a separate violation for purposes of subparagraph (A). In determining the amount of any penalty assessed under paragraph (2), the court or the Agency shall take into account the appropriateness of the penalty with respect to— the size of financial resources and good faith of the person charged; the gravity of the violation; the severity of the privacy harms (including both actual and potential harms) to individuals; any disparate impact of the privacy harms (including both actual and potential harms) on protected classes; the history of previous violations; and such other matters as justice may require.
The Agency or attorney general of a State may compromise, modify, or remit any penalty which may be assessed or has already been assessed under paragraph (2). The amount of such penalty, when finally determined, shall be exclusive of any sums owed by the person to the United States in connection with the costs of the proceeding, and may be deducted from any sums owing by the United States to the person charged. No civil penalty may be assessed under this subsection with respect to a violation of any provision of this Act or a rule or order prescribed under this Act, unless— the Agency or attorney general of a State gives notice and an opportunity for a hearing to the person accused of the violation; or the appropriate court has ordered such assessment and entered judgment in favor of the Agency or attorney general of a State.
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