Sec. 404. Enforcement by States
241 words·~1 min read·
/bill/118/hr/2701/ih/section-404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any case in which a State attorney general or a State privacy regulator has reason to believe that an interest of the residents of a State has been or is adversely affected by any person who violates any provision of this Act or a rule or order prescribed under this Act, the State attorney general or State privacy regulator, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— enjoin further violation of such provision by the defendant; compel compliance with such provision; or obtain relief under section 406.
Before initiating a civil action under subsection (a), the State attorney general or State privacy regulator, as the case may be, shall notify the Agency in writing of such civil action. Upon receiving notice with respect to a civil action, the Agency may— intervene in such action; and upon intervening— be heard on all matters arising in such civil action; and file petitions for appeal of a decision in such action. If the Agency institutes a civil action for violation of any provision of this Act or a rule or order prescribed under this Act, no State attorney general or State privacy regulator may bring a civil action against any defendant named in the complaint of the Agency for a violation of such provision that is alleged in such complaint.