Sec. 402. Enforcement by States
568 words·~3 min read·
/bill/117/hr/8152/rh/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 or State Privacy Authority of a State has reason to believe that an interest of the residents of that State has been, may be, or is adversely affected by a violation of this Act or a regulation promulgated under this Act by a covered entity or service provider, the attorney general 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 such act or practice; enforce compliance with this Act or such regulation; obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of such State; or obtain reasonable attorneys’ fees and other litigation costs reasonably incurred.
Except as provided in paragraph (2), the attorney general or State Privacy Authority of a State shall notify the Commission in writing prior to initiating a civil action under subsection (a). Such notification shall include a copy of the complaint to be filed to initiate such action. Upon receiving such notification, the Commission may intervene in such action as a matter of right pursuant to the Federal Rules of Civil Procedure. If the notification required by paragraph
(1)is not feasible, the attorney general 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 of a State 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 a violation of this Act or a regulation promulgated under this Act that is alleged in such complaint, if such complaint alleges such violation affected the residents of such State or individuals nationwide. If the Commission brings a civil action against a covered entity or service provider for a violation of this Act or a regulation promulgated under this Act that affects the interests of the residents of a State, the attorney general or State Privacy Authority of such State may intervene in such action as a matter of right pursuant to the Federal Rules of Civil Procedure. Nothing in this section may be construed to prevent the attorney general or State Privacy Authority of a State 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), nothing in this section may be construed as altering, limiting, or affecting the authority of the attorney general or State Privacy Authority of a State to— bring an action or other regulatory proceeding arising solely under the law in effect in the State that is preempted by this Act or under another applicable Federal law; 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.