Sec. 6. Civil penalty for violations

374 words·~2 min read·/bill/117/s/5259/is/section-6

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

If the Commission has a sound basis to conclude that a covered platform has violated the final rule issued under section 4, the Commission shall notify the covered platform with a brief description of the specific violation with recommended measures to correct the violation. A covered platform that has not provided evidence of compliance or corrected a violation that has been noticed by the Commission under subsection

(a)within 72 hours of the receipt of such notice shall be subject to a civil penalty in an amount that is not more than $25,000 per violation. For the purposes of paragraph (1), each day of violation of the final rule issued under section 4 shall constitute a separate violation. A covered platform may appeal any civil penalty issued by the Commission under this subsection in an appropriate district court of the United States. Any amounts collected under this subsection shall be used by the Commission to carry out enforcement of the final rule issued under section 4. The Commission may— file a claim in an appropriate district court of the United States to enforce this section; seek a temporary or permanent injunction from an appropriate district court of the United States on such terms as the court deems reasonable to prevent or restrain a violation of the final rule issued under section 4; after 30 days of non-compliance with section 4 and a demonstration of a lack of good faith on the part of the covered platform to comply with section 4, seek a permanent or temporary injunction to restrict the operation of the covered platform within the United States; and after 30 days of non-compliance with section 4 and a demonstration of a lack of good faith on the part of the covered platform to comply with section 4, seek an order to allow the Commission to prohibit a covered platform from engaging in any online economic transactions within the United States. The terms of an injunction or an order issued under paragraph (2), (3), or

(4)of subsection

(c)with respect to a covered platform shall only be valid until such time as the covered platform demonstrates to the Commission full compliance with the requirements of the final rule issued under section 4.