Enforcement

(a) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated under 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 (A) In general Except as provided in section 7(6)(A)(ii), the Commission shall enforce this Act and the regulations promulgated under 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 Any regulated entity that 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. (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (D) Rulemaking authority The Commission may promulgate, in accordance with section 553 of title 5, United States Code, such regulations as may be necessary to carry out this Act. (b) Enforcement by individuals (1) In general Any individual alleging a violation of this Act or a regulation promulgated under this Act may bring a civil action in any court of competent jurisdiction. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award— (A) an amount not less than $100 and not greater than $1,000 per violation per day, or actual damages, whichever is greater; (B) punitive damages; (C) reasonable attorney’s fees and litigation costs; and (D) any other relief, including equitable or declaratory relief, that the court determines appropriate. (3) Injury in fact A violation of this Act, or a regulation promulgated under this Act, with respect to personal reproductive or sexual health information constitutes a concrete and particularized injury in fact to the individual to whom such information relates. (4) Invalidity of pre-dispute arbitration agreements and pre-dispute joint action waivers (A) In general Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to a dispute arising under this Act. (B) Applicability Any determination as to whether or how this paragraph applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. (C) Definitions For purposes of this paragraph: (i) Pre-dispute arbitration agreement The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement. (ii) Pre-dispute joint-action waiver The term pre-dispute joint-action waiver means an agreement that would prohibit a party from participating in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not arisen at the time of the making of the agreement.