Sec. 7. Enforcement and administrative action, and private right of action
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On receiving a complaint filed by an individual with a disability, a class of individuals with disabilities, or an entity representing an individual with a disability or such a class, of a violation of paragraph
(2)or
(3)of subsection (a), as the case may be, or a complaint filed by a covered entity that is a public entity, public accommodation, or testing entity of a violation of subsection (c), of section 4 (including a related provision of the final rule issued under section 5(a)), the Attorney General may conduct an investigation. The investigation shall consist of a review of the corresponding website or application owned, operated, or utilized for covered use by such a covered entity, or provided to such a covered entity by a commercial provider, to determine whether the covered entity or commercial provider has violated the corresponding provision of section 4. In addition, the Attorney General shall, on the Attorney General's own authority, investigate practices that may be violations of, and undertake periodic reviews of compliance of such covered entities and commercial providers with, the corresponding provision of section 4 (including a related provision of the final rule issued under section 5(a)). If, after investigation or review under this subparagraph, the Attorney General determines that such a covered entity or commercial provider has violated the corresponding provision of section 4 (including a related provision of the final rule issued under section 5(a)), the Attorney General may take administrative action (including administrative resolution of a claim of such a violation) or bring a civil action in a district court of the United States. If the Attorney General brings such a civil action based on a complaint filed by an individual, class of individuals, or entity, described in subparagraph (A), including a covered entity described in subparagraph
(A)alleging a violation by a commercial provider, such individual, class, or entity shall have the right to intervene in such civil action. An individual, class, or entity, described in paragraph (1)(A), including a covered entity described in paragraph (1)(A) alleging a violation by a commercial provider, may bring a civil action alleging a violation of paragraph
(2)or
(3)of subsection (a), or subsection (c), as the case may be, of section 4 (including a related provision of the final rule issued under section 5(a)) in an appropriate State or Federal court without first filing a complaint with the Department or exhausting any other administrative remedies. On receiving a complaint filed by a qualified individual, a class of qualified individuals, or an entity representing a qualified individual or such a class, of a violation of subsection (a)(1), or a complaint filed by an employment entity of a violation of subsection (c), of section 4 (including a related provision of the final rule issued under section 5(b)), the Commission may conduct an investigation. The investigation shall consist of a review of the corresponding website or application owned, operated, or utilized for covered use by an employment entity, or provided to an employment entity by a commercial provider, to determine whether the employment entity or commercial provider has violated the corresponding provision of section 4. In addition, the Commission shall, on the Commission's own authority, investigate practices that may be violations of, and undertake periodic reviews of compliance of employment entities and commercial providers with, the corresponding provision of section 4 (including a related provision of the final rule issued under section 5(b)). If, after investigation or review described in this subparagraph, the Commission determines that an employment entity or commercial provider has violated the corresponding provision of section 4 (including a related provision of the final rule issued under section 5(b)), the Commission may take administrative action (including administrative resolution of a claim of such a violation) or bring a civil action in a district court of the United States. If the Commission brings such a civil action based on a complaint filed by a qualified individual, class of qualified individuals, or entity, described in subparagraph (A), including an employment entity alleging a violation by a commercial provider, such qualified individual, class, or entity shall have the right to intervene in such civil action. A qualified individual, class, or entity, described in paragraph (1)(A), including an employee or employment entity alleging a violation by a commercial provider, may bring a civil action alleging a violation of subsection (a)(1) or subsection (c), as the case may be, of section 4 (including a related provision of the final rule issued under section 5(b)) in an appropriate State or Federal court without first filing a complaint with the Commission or exhausting any other administrative remedies. The Attorney General shall carry out any function of the Commission under this subsection that the Attorney General carries out under section 107 of the ADA ( 42 U.S.C. 12117 ). In a civil action brought under subsection (a)(1) or (b)(1), the Attorney General or Commissioner may seek— a civil penalty and all appropriate injunctive relief to bring the affected website or application into compliance with section 4; and on behalf of affected individuals, all economic and noneconomic damages including compensatory and punitive damages. In a civil action brought under subsection (a)(2) or (b)(2), the plaintiff may seek all appropriate injunctive relief described in paragraph (1)(A) and the damages described in paragraph (1)(B). The prevailing plaintiff (other than the United States) shall also be awarded reasonable attorney’s fees and costs.
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Sec. 7
Enforcement and administrative action, and private right of action
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