Sec. 12. Enforcement
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/bill/119/hr/8413/ih/section-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A violation of this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. Except as provided in paragraphs
(3)and (4), the Commission shall enforce this Act 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, and any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. 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 Federal Trade Commission, the Federal Trade Commission shall also enforce this Act, in the same manner provided in paragraphs
(1)and (2), with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). Notwithstanding paragraphs (1), (2), and (3), the Commission may not enforce any violation of section 3(c) of this Act. If the Commission receives information alleging that a controller is in violation of section 3(c), the Commission shall transmit such information, as allowable under Federal law, to any agency with authority to initiate an enforcement action or proceeding relating to the alleged violation described in the information. In any case in which the attorney general of a State has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the attorney general, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— enjoin such act or practice; enforce compliance with this Act; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain such other legal and equitable relief as the court may consider to be appropriate. Before filing an action under this subsection, the attorney general of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. On receiving notice under paragraph
(2)of an action under this subsection, the Commission shall have the right— to intervene in the action; upon so intervening, to be heard on all matters arising therein; and to file petitions for appeal. If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act (referred to in this subparagraph as the Federal action ), no State attorney general may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act alleged in such complaint. For purposes of bringing a civil action under this subsection, nothing in this Act may be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. Neither the Commission nor a State attorney general may initiate any action for a violation of this Act until— the Commission or the attorney general has provided written notice to a controller or processor alleged to be in violation of this Act of the alleged violation that identifies the specific provision of this Act alleged to have been violated; and not fewer than 45 days have passed since the date on which such written notice has been provided. There shall be no violation of this Act with respect to an allegation made under paragraph (1)(A) if, during the period of time described in paragraph (1)(B), the controller or processor alleged to be in violation of this Act cures the alleged violation of this Act and provides the Commission or the State attorney general with a written statement that such violation has been cured and that no such further violation shall occur. The Commission or the State attorney general may initiate an action pursuant to subsection
(a)or
(b)(as the case may be) to remedy an allegation made under paragraph (1)(A) if the controller or processor alleged to be in violation of this Act— fails to cure the alleged violation pursuant to paragraph (2); or after curing the alleged violation pursuant to paragraph (2), continues to violate this Act.
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