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S. 3292IntroducedSenate · nowHousePresidentLawIn committee
Sec. 7 · S. 3292

Enforcement

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(a) Unfair or deceptive act or practice (1) In general A platform's failure to comply with subsection (a) or (b) of section 4, or a qualified researcher's failure to comply with subsection (a) or (b) of section 5, 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 the Commission (A) In general The Commission shall enforce the provisions of this Act specified in paragraph (1) 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 section. (B) Privileges and immunities Any person that violates the provisions of this Act specified in paragraph (1) 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) Rule of construction Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (b) Regulations The Commission shall have the authority to promulgate, in the manner prescribed by 5 U.S.C. 553, such rules and regulations as it may deem necessary to carry out its responsibilities under this Act. (c) Attorney's fees and other costs In the event any enforcement action is appealed, the prevailing party in the action may, in the discretion of the court, recover the costs of the action including reasonable investigative costs and attorneys' fees.

Sec. 7: Enforcement · Public Law Tracker