Litigation authority
Title IV — Enforcement
Read this section in the full bill →
This section appears in one version only, so there is nothing to compare yet.
(a) In general If a person violates any provision of this Act or a rule or order prescribed under this Act, the Digital Privacy Agency may commence a civil action against such person in a court of competent jurisdiction to impose a civil penalty or to seek all appropriate legal and equitable relief, including a permanent or temporary injunction. (b) Compromise of actions The Digital Privacy Agency may compromise or settle any action, suit, or other court proceeding to which the Digital Privacy Agency is a party if such compromise is approved by the court. (c) Notice to the attorney general of the United States (1) In general When commencing a civil action under this Act or regulations or rules or orders issued pursuant to this Act, the Digital Privacy Agency shall notify the Attorney General. (2) Notice and coordination (A) Notice of other actions In addition to any notice required under paragraph (1), the Digital Privacy Agency shall notify the Attorney General concerning any action, suit, or other court proceeding to which the Digital Privacy Agency is a party. (B) Coordination In order to avoid conflicts and promote consistency regarding litigation of matters under Federal law, the Attorney General and the Digital Privacy Agency shall consult regarding the coordination of investigations and proceedings, including by negotiating an agreement for coordination not later than 180 days after the effective date of this Act. The agreement under this subparagraph shall include provisions to ensure that parallel investigations and proceedings involving this Act and the rules prescribed under this Act are conducted in a manner that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws. (C) Rule of construction Nothing in this paragraph shall be construed to limit the authority of the Digital Privacy Agency under this Act, including the authority to interpret this Act. (d) Appearance before the Supreme Court The Digital Privacy Agency may represent itself in its own name before the Supreme Court of the United States, if the Digital Privacy Agency makes a written request to the Attorney General within the 10-day period which begins on the date of entry of the judgment which would permit any party to file a petition for writ of certiorari, and the Attorney General concurs with such request or fails to take action within 60 days of the request of the Digital Privacy Agency. (e) Forum Any civil action brought under this Act or regulations or rules or orders issued pursuant to this Act may be brought in an appropriate district court of the United States or an appropriate State court. (f) Time for bringing action Except as otherwise permitted by law or equity, no action may be brought under this Act more than 3 years after the date of discovery of the violation to which the action relates.