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Code · BILL · 116th Congress · S. 1214 (Introduced in Senate) — To establish and protect individual and collective privacy rights, and for other purposes. · Sec. 16

Sec. 16. State enforcement

425 words·~2 min read·/bill/116/s/1214/is/section-16

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 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 covered entity in a practice that violates this Act or a regulation promulgated under this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— enjoin that practice; enforce compliance with this Act or the regulation; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain any other relief that the court considers appropriate.
Before filing an action under subsection (a), the attorney general of the State involved shall provide to the Commission— written notice of the action; and a copy of the complaint for the action. Paragraph
(1)shall not apply with respect to the filing of an action by an attorney general of a State if the attorney general determines that it is not feasible to provide the notice described in that paragraph before the filing of the action. In an action described in subparagraph (A), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. Upon receiving notice under subsection (b), the Commission shall have the right to intervene in the action that is the subject of the notice. If the Commission intervenes in an action under paragraph (1), the Commission shall have the right— to be heard with respect to any matter that arises in the action; and to file a petition for appeal. For purposes of bringing a civil action under subsection (a), nothing in this Act shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to— conduct investigations; administer oaths or affirmations; or compel the attendance of witnesses or the production of documentary and other evidence. If the Commission institutes an action with respect to a violation of this Act or a regulation promulgated under this Act, a State may not, during the pendency of that action, institute an action under subsection
(a)against any defendant named in the complaint in the action instituted by the Commission based on the same set of facts giving rise to the violation with respect to which the Commission instituted the action.
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