Enforcement

(a) Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 3 or 5(a) 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)). (2) Powers of Commission (A) In general The Federal Trade Commission shall enforce sections 3 and 5(a) 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 person who violates section 3 or 5(a) 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) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (b) Department of Labor (1) In general The Secretary of Labor— (A) shall investigate as the Secretary determines necessary to determine violations of section 3 or 5(a) by an employer; and (B) may, subject to paragraph (2), bring an action in any court of competent jurisdiction to obtain the legal or equitable relief against an employer on behalf of an individual aggrieved by the violation as may be appropriate to effectuate the purposes of such sections. (2) Statute of limitations An action described in paragraph (1)(B) may not be commenced later than 4 years after the date on which the violation occurred. (3) Regulations Not later than 18 months after the date of enactment of this Act, the Secretary of Labor, in consultation with the Chair of the Federal Trade Commission, shall issue regulations as necessary to carry out this Act, including with respect to the authority of the Secretary of Labor to enforce violations of section 3 or 5(a) in accordance with paragraph (1). (c) Standards for dual enforcement Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission and the Secretary of Labor shall, for the purposes of enforcing this Act— (1) develop shared standards for consistent enforcement; and (2) identify the scope of responsibility of the Federal Trade Commission and such scope of the Secretary of Labor to ensure complementary enforcement of this Act. (d) Reporting violations (1) In general The Federal Trade Commission and the Secretary of Labor shall each establish a system to receive complaints by individuals regarding alleged violations of section 3. (2) Confidentiality Except as otherwise required by law, the Federal Trade Commission and the Secretary of Labor may not disclose the identity or identifying information of any individual providing a complaint under paragraph (1), without explicit consent from the individual. (e) Private right of action (1) In general An individual who is aggrieved by a violation of this Act may bring a civil action in any appropriate district court of the United States. (2) Relief In a civil action under paragraph (1), a court may award— (A) any actual damages sustained by the individual as a result of the violation; and (B) in the case of any successful action, the costs of the action and reasonable attorney’s fees, as determined by the court. (f) Enforcement by States (1) In general In any case in which the attorney general 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 any person who violates any provision of section 3 or 5(a) or any rule promulgated under this Act to carry out such section, the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— (A) enjoin any further such violation by the person; (B) compel compliance with section 3 or 5(a) or any such rule; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain damages, restitution, or other compensation on behalf of the residents of the State; or (E) obtain any other appropriate equitable relief. (2) Preservation of state powers Nothing in this subsection shall be construed as altering, limiting, or affecting the authority of the attorney general of a State to— (A) bring an action or other regulatory proceeding arising solely under the laws in effect in that State; or (B) exercise the powers conferred on the attorney general by the laws of the State, including the ability to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary or other evidence. (g) Arbitration and class action Notwithstanding any other provision of law, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to any alleged violation of section 3 or 5(a).