Sec. 109. Enforcement
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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 Federal Trade Commission (referred to in this section as 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 that 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. In any case in which the attorney general of a State has reason to believe that a covered platform has violated or is violating section 103, 104, or 105, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States or a State court of appropriate jurisdiction to— enjoin any practice that violates section 103, 104, or 105; enforce compliance with section 103, 104, or 105; on behalf of residents of the State, 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.
Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission— written notice of that action; and a copy of the complaint for that 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 is not feasible to provide the notice described in that clause before the filing of the action. In an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. On receiving notice under paragraph (1)(B), 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 remove the action to the appropriate United States district court; to be heard with respect to any matter that arises in that action; and to file a petition for appeal. For purposes of bringing any civil action under paragraph (1), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— conduct investigations; administer oaths or affirmations; or compel the attendance of witnesses or the production of documentary and other evidence. In any case in which an action is instituted by or on behalf of the Commission for violation of this title, no State may, during the pendency of that action, institute a separate 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 a State court of competent jurisdiction. In an action brought under paragraph
(1)in a district court of the United States, process may be served wherever defendant— is an inhabitant; or may be found. A violation of section 102 shall not form the basis of liability in any action brought by the attorney general of a State under a State law.
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