Enforcement

(a) Enforcement by Federal trade commission (1) Unfair or deceptive acts or practices 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. (2) Powers of commission Except as provided in paragraph (3)— (A) 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 (B) any covered company who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Penalties (A) Additional civil penalty In addition to any penalty applicable under the Federal Trade Commission Act, any covered company who violates this Act shall be liable for a civil penalty of not more than $1,000,000 for each violation. (B) Method Any civil penalty described in subparagraph (A) shall be obtained in the same manner as a civil penalty for 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)). (4) Authority preserved Nothing in this section may be construed to limit the authority of the Commission under any other provision of law. (b) Enforcement by states (1) In general If the attorney general of a State, or an official or agency 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 an act or practice that violates this Act, the State may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of commission (A) Notice to commission (i) In general Except as provided in clause (iii), an attorney general, official, or agency of a State, before filing a civil action under paragraph (1), shall provide written notification to the Commission that the attorney general, official, or agency intends to bring such civil action. (ii) Contents The notification required under clause (i) shall include a copy of the complaint for the civil action. (iii) Exception If it is not feasible for an attorney general, official, or agency of a State to provide the notification required under clause (i) before filing a civil action under paragraph (1), the attorney general, official, or agency shall provide the notification to the Commission immediately upon the filing of the civil action. (B) Intervention by commission The Commission may— (i) intervene in any civil action filed by an attorney general, official, or agency of a State under paragraph (1); and (ii) upon so intervening— (I) be heard on all matters arising in the civil action; and (II) appeal a decision in the civil action. (C) Limitation on state action while Federal action is pending 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, official, or agency may bring an action under paragraph (1) during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such Act alleged in such complaint. (3) Rule of construction For purposes of bringing a civil action under paragraph (1), nothing in this Act may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency 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.