Sec. 106. Enforcement
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/bill/119/hr/7399/ih/section-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A violation of this title shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce this title 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 title.
Any person who violates this title 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. ). Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law. Subject to paragraph (3), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of a social media platform in a practice that violates this title, the attorney general of the State may, as parens patriae, bring a civil action against the social media platform on behalf of the residents of the State in an appropriate district court of the United States to— enjoin that practice; enforce compliance with this title; on behalf of residents of the States, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or obtain such other relief as the court may consider to be appropriate.
The attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph
(1)before the filing of the civil action. The notification required under clause
(i)with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. Clause
(i)shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it not feasible to provide the notice required in that clause before filing the action. Upon receiving notice under subparagraph (A)(i), the Commission shall have the right to intervene in the action that is the subject of the notice. If the Commission intervenes in an action under paragraph (1), it shall have the right— to be heard with respect to any matter that arises in that action; and file a petition for appeal. Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to— conduct investigations; administer oaths or affirmations; or compel the attendance of witnesses or the production of documentary or other evidence. In any case in which an action is instituted by or on behalf of the Commission for a violation of this Act, no State may, during the pendency of that action, institute a separate civil action under paragraph
(1)against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation. Any action brought under paragraph
(1)may be brought in— the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or another court of competent jurisdiction. In an action brought under paragraph (1), process may be served in any district in which the defendant— is an inhabitant; or may be found.
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