Sec. 116. Enforcement by States
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/bill/118/hr/8818/ih/section-116·A 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 of a State, the chief consumer protection officer of a State, or an officer or office of a State authorized to enforce privacy or data security laws applicable to covered entities or service providers has reason to believe that an interest of the residents of the State has been or is adversely affected by the engagement of any entity in an act or practice that violates this title or a regulation promulgated under this title, the attorney general, chief consumer protection officer, or other authorized officer or office of the State may bring a civil action in the name of the State, or as parens patriae on behalf of the residents of the State, in an appropriate Federal district court of the United States to— enjoin such act or practice; enforce compliance with this title or the regulations promulgated under this title; obtain civil penalties; obtain damages, restitution, or other compensation on behalf of the residents of the State; obtain reasonable attorney’s fees and other litigation costs reasonably incurred; or obtain such other relief as the court may consider to be appropriate.
In any case with respect to which the attorney general of a State, the chief consumer protection officer of a State, or an officer or office of a State authorized to enforce privacy or data security laws applicable to covered entities or service providers brings an action under paragraph (1), no other officer or office of the same State may institute a civil action under paragraph
(1)against the same defendant for the same violation of this title or regulation promulgated under this title. Except if not feasible, a State officer shall notify the Commission in writing prior to initiating a civil action under subsection (a). Such notice shall include a copy of the complaint to be filed to initiate such action. Upon receiving such notice, the Commission may 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. If not feasible for a State officer to provide the notification required by paragraph
(1)before initiating a civil action under subsection (a), the State officer 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 a violation of this title or a regulation promulgated under this title, no attorney general of a State, chief consumer protection officer of a State, or officer or office of a State authorized to enforce privacy or data security laws 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 title or a regulation promulgated under this title that is alleged in such complaint. Nothing in this title may be construed to prevent the attorney general of a State, the chief consumer protection officer of a State, or an officer or office of a State authorized to enforce privacy or data security laws applicable to covered entities or service providers from exercising the powers conferred on such officer or office to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. Any action brought under subsection
(a)may be brought in any Federal district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under subsection (a), process may be served in any district in which the defendant— is an inhabitant; or may be found. The Comptroller General of the United States shall conduct a study of the practice of State attorneys general hiring, or otherwise contracting with, outside firms to assist in enforcement efforts pursuant to this title, which shall include the study of— the frequency with which each State attorney general hires or contracts with outside firms to assist in such enforcement efforts; the contingency fees, hourly rates, and other costs of hiring or contracting with outside firms; the types of matters for which outside firms are hired or contracted; the bid and selection process for such outside firms, including reviews of conflicts of interest; the practices State attorneys general set in place to protect sensitive information that would become accessible by outside firms while the outside firms are assisting in such enforcement efforts; the percentage of monetary recovery that is returned to victims and the percentage of such recovery that is retained by outside firms; and the market average for the hourly rate of hired or contracted attorneys in each market. Not later than 1 year after the date of the enactment of this Act, the Comptroller General 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 on the results of the study conducted under paragraph (1). Except as provided in subsections (a)(2) and (c), no provision of this section may be construed as altering, limiting, or affecting the authority of a State attorney general, the chief consumer protection officer of a State, or an officer or office of a State authorized to enforce laws applicable to covered entities or service providers to— bring an action or other regulatory proceeding arising solely under the laws in effect in such State; or exercise the powers conferred on the attorney general, chief consumer protection officer, or officer or office by the laws of such State, including the ability to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. Any amount that a court orders an entity to pay to a person under this section shall be offset by any amount the person received from an action brought against the entity for the same violation under section 115 or 117.