Sec. 5. Administration and applicability of Act
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Section 1306(d) of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505(d) ) is amended— in the first sentence, by striking this title. Any entity and inserting this title, and any entity ; by striking The Commission shall prevent and inserting the following: Except as provided in paragraphs
(2)through (4), the Commission shall prevent ; and by adding at the end the following: In the case of a civil penalty under subsection
(l)or
(m)of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) relating to acts or practices in violation of any provision of this title or a regulation prescribed under this title, the maximum dollar amount per violation shall be $63,795. In any action commenced by the Commission under section 19(a) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a) ) to enforce this title, the Commission shall seek all appropriate relief described in subsection
(b)of such section, and may, notwithstanding such subsection, seek any exemplary or punitive damages. . Section 1306 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is further amended— in subsection (b)— in paragraph (1), by striking , in the case of and all that follows and inserting the following: by the appropriate Federal banking agency, with respect to any insured depository institution (as those terms are defined in section 3 of that Act ( ; 12 U.S.C. 1813 )); in paragraph (6), by striking Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association and inserting Farm Credit Bank, Agricultural Credit Bank (to the extent exercising the authorities of a Farm Credit Bank), Federal Land Credit Association, or agricultural credit association ; and by striking paragraph
(2)and redesignating paragraphs
(3)through
(6)as paragraphs
(2)through (5), respectively; and in subsection (c), by striking subsection
(a)each place it appears and inserting subsection
(b).
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