Sec. 6. Enforcement provisions
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/bill/119/hr/4868/ih/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A violation of section 3 or a regulation promulgated under this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). Except as provided for in subparagraph (C), the Federal Trade Commission (referred to in this section as the Commission ) shall enforce section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act.
Any person who violates section 3 or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce section 3, in the same manner provided in subparagraphs
(A)and (B), with respect to organizations not organized to carry on business for their own profit or that of their members. Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section. An individual who is aggrieved by a violation of section 3 may bring a civil action in an appropriate Federal district court of competent jurisdiction. A court may award to a prevailing party in a civil action brought under paragraph (1)— actual damages sustained by the party as a result of the violation that is the subject of the action; and the costs of the action and reasonable attorney’s fees. A violation of this Act shall be deemed to be a per se violation of the Sherman Act ( 15 U.S.C. 1 et seq. ) and subject to all remedies and rights afforded under that Act.
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