Sec. 403. Enforcement by individuals

882 words·~4 min read·/bill/117/hr/8152/ih/section-403

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Beginning 4 years after the date on which this Act takes effect, any individual who suffers an injury that could be addressed by the relief permitted in paragraph

(2)for a violation of this Act or a regulation promulgated under this Act by a covered entity may bring a civil action against such entity in any Federal court of competent jurisdiction. In a civil action brought under paragraph

(1)in which the plaintiff prevails, the court may award the plaintiff— an amount equal to the sum of any actual damages sustained; injunctive relief; and reasonable attorney’s fees and litigation costs. Prior to an individual bringing a civil action under paragraph (1), such individual must first notify the Commission and the attorney general of the State of the individuals residence in writing outlining their desire to commence a civil action. Upon receiving such notice, the Commission and State attorney general shall make a determination, not later than 60 days after receiving such notice, as to whether they will independently seek to intervene in such action, and upon intervening— be heard on all matters arising in such action; and file petitions for appeal of a decision in such action. Any written communication requesting a monetary payment that is sent to a covered entity shall be considered to have been sent in bad faith and shall be unlawful as defined in this Act, if the written communication was sent: Prior to the date that is 60 days after either a State attorney general or the Commission has received the notice required under subparagraph (A). After the Commission or attorney general of a State made the determination to independently seek civil actions against such entity as outlined in subparagraph (A). Beginning on the date that is 5 years after the date of enactment of this Act, the Commission’s Bureau of Economics shall conduct an annual study to determine the economic impacts in the United States of demand letters and the scope of the rights of an individual to bring forth civil actions against covered entities. Such study shall include, but not be limited to include the following: The impact on increasing insurance rates in the United States. The impact on the ability of covered entities to offer new products or services. The impact on the creation and growth of startup companies, including tech startup companies. Any emerging risks and long-term trends in relevant marketplaces, supply chains, and labor availability. Not later than 1 year after the first day on which individuals are able to bring civil actions under this subsection, and annually thereafter, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains the results of the study conducted under paragraph (4). Except as provided in section 303(d), and notwithstanding any other provision of law, no agreement for pre-dispute arbitration with respect to an individual under the age of 18 may limit any of the rights provided in this Act. Notwithstanding any other provision of law, no agreement for pre-dispute joint-action waiver with respect to an individual under the age of 18 may limit any of the rights provided in this Act. For purposes of this subsection: The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of 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 1 of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. Subject to paragraph (3), any action under this section may be brought by an individual if, prior to initiating such action against a covered entity for injunctive relief or against a covered entity that meets the requirements of section 210(c) for any form of relief the individual provides to the covered entity 45 days’ written notice identifying the specific provisions of this Act the individual alleges have been or are being violated. In the event a cure is possible, if within the 45 days the covered entity cures the noticed violation and provides the individual an express written statement that the violation has been cured and that no further violations shall occur, an action for injunctive relief may be reasonably dismissed. If an individual or a class of individuals sends correspondence to a covered entity alleging a violation of the provisions of this Act and requesting a monetary payment, such correspondence shall include the following language: Please visit the website of the Federal Trade Commission to understand your rights pursuant to this letter followed by a hyperlink to the web page of the Commission required under section 201. If such correspondence does not include such language and hyperlink, the individual or joint class of individuals shall forfeit their rights under this section. This section shall only apply to any claim alleging a violation of section 102, 104, 202, 203, 204, 205(a), 205(b), 206(c)(3)(D), 207(a), 208(a), or 302 for which relief described in subsection (a)(2) may be granted.