Enforcement

(a) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of this Act 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)). (2) Powers of the Commission (A) In general Except as provided in subparagraph (C), 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. (B) Privileges and immunities Except as provided in subparagraph (C), any online service provider who violates this Act or a regulation promulgated under this Act 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.). (C) Nonprofit organizations 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 this Act, 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. (D) Authority preserved Nothing in this subsection shall be construed to limit the authority of the Commission under any other provision of law. (b) Commission guidance (1) In general Not later than 180 days after the date of enactment of this Act, the Commission shall issue guidance to assist online service providers in complying with the requirements of this Act, which shall include the provision of best practices and examples. (2) Limitation on guidance No guidance issued by the Commission with respect to this Act shall— (A) confer any rights on any person, State, or locality; or (B) operate to bind the Commission or any person to the approach recommended in such guidance. (3) Use in enforcement actions In any enforcement action brought pursuant to this Act— (A) the Commission— (i) shall allege a specific violation of a provision of this Act; and (ii) may not base such enforcement on, or execute a consent order based on, practices that are alleged to be inconsistent with any guidance issued by the Commission with respect to this Act, unless the practices are alleged to violate a provision of this Act; and (B) a person may use compliance with any such guidance as evidence of compliance with this Act.