Sec. 4. Application and enforcement by the Federal Trade Commission
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/bill/117/hr/1816/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding the limitations in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) on Commission authority with respect to common carriers, this Act applies, according to its terms, to common carriers subject to the Communications Act of ( 47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto. The Federal Trade Commission shall be the only Federal agency with authority to enforce such common carriers’ privacy practices. A violation of this Act or a regulation promulgated under this Act shall be treated as a violation section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57(a)(1)(B) ) regarding unfair or deceptive acts or practices.
Except as provided in subsection (a), the Federal Trade 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.
Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. The Commission shall notify a controller of alleged violations and provide them with 30 days to cure a non-wilful violations of this Act before the Commission shall commence and enforcement action.
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