Sec. 402. Enforcement by State attorneys general
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/bill/117/hr/8152/ih/section-402A 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 or State Privacy Authority has reason to believe that an interest of the residents of that State has been, may be, or is adversely affected by the engagement of any a covered entity or service provider in an act or practice that has violated this Act or a regulation promulgated under this Act, the attorney general of the State, or State Privacy Authority, may bring a civil action in the name of the State, or as parens patriae on behalf of the residents of the State.
Any such action shall be brought exclusively in an appropriate Federal district court of the United States to— enjoin that act or practice; enforce compliance with this Act or the regulation; obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or reasonable attorneys’ fees and other litigation costs reasonably incurred. Except where not feasible, the attorney general of a State or State Privacy Authority shall notify the Commission in writing prior to initiating a civil action under subsection (a).
Such notice shall include a copy of the complaint to be filed to initiate such action. Upon receiving such notice, the Commission may intervene in such action as of right pursuant to the Federal Rules of Civil Procedure. Where it is not feasible for the attorney general of a State or State Privacy Authority to provide the notification required by paragraph
(1)before initiating a civil action under subsection (a), the attorney general of a State or State Privacy Authority shall notify the Commission immediately after initiating the civil action. In any case in which a civil action is instituted by or on behalf of the Commission for violation of this Act or a regulation promulgated under this Act, no attorney general or State Privacy Authority may, during the pendency of such action, institute a civil action against any defendant named in the complaint in the action instituted by or on behalf of the Commission for violation of this Act or a regulation promulgated under this Act that is alleged in such complaint, if the Commission’s complaint alleges such violations affected the residents of the relevant State or individuals nationwide. In a case brought by the Commission that affects the interests of a State, an attorney general of such State or State Privacy Authority may intervene as of right pursuant to the Federal Rules of Civil Procedure. Nothing in this section shall be construed to prevent the attorney general of a State or State Privacy Authority from exercising the powers conferred on the attorney general or State Privacy Authority to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. Except as provided in subsection (c), no provision of this section shall be construed as altering, limiting, or affecting the authority of a State attorney general or State Privacy Authority to— bring an action or other regulatory proceeding arising solely under the laws in effect in that State; or exercise the powers conferred on the attorney general or State Privacy Authority by the laws of the State, including the ability to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary or other evidence.