Sec. 6. Enforcement

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A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. The Commission shall enforce this Act and the regulations promulgated under this Act 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 Act.

Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. Provided, however, that, notwithstanding the requirements of section 16(a) of the Federal Trade Commission Act ( 15 U.S.C. 56(a) ), the Commission shall have the exclusive authority to commence or defend, and supervise the litigation of, any action for a violation of this Act or a regulation promulgated under this Act and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, without first referring the matter to the Attorney General.

The Commission shall have authority under section 553 of title 5, United States Code, to promulgate any regulations necessary to implement this Act. In promulgating any regulations under this Act, the Commission shall consult with the Secretary. Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 ; 45(a)(2); 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in paragraphs

(1)and

(2)of this paragraph, with respect to— common carriers subject to the Acts to regulate commerce, air carriers, and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq.), except as provided in section 406(b) of such Act ( 7 U.S.C. 227(b) ); and organizations not organized to carry on business for their own profit or that of their members. In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to this Act in a practice that violates such subsection, 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 obtain appropriate relief. Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph

(1)before initiating the civil action against a person subject to this Act. 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 Commission immediately upon instituting the civil action. The 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. Nothing in this subsection may 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, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. If the Commission institutes a civil action with respect to a violation of this Act, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph

(1)of this subsection 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; or another court of competent jurisdiction. 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. Any individual alleging a violation of this Act may bring a civil action in any court of competent jurisdiction, State or Federal. In a civil action brought under paragraph

(1)in which the plaintiff prevails, the court may award— an amount not less than $100 and not greater than $1,000 per violation against any person who negligently violates a provision of this Act; an amount not less than $500 and not greater than $5,000 per violation against any person who recklessly, willfully, or intentionally violates a provision of this Act; reasonable attorney’s fees and litigation costs; and any other relief, including equitable or declaratory relief, that the court determines appropriate. A violation of this Act with respect to the emergency health data of an individual constitutes a concrete and particularized injury in fact to that individual. Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable with respect to a dispute arising under this Act. Any determination as to whether or how this subsection applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. In this subsection: The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of making the agreement. The term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administration, or other forum, concerning a dispute that has not yet arisen at the time of making the agreement. The term dispute means any claim related to an alleged violation of this Act and between an individual and a covered organization.

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Sec. 6

Enforcement

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