Enforcement by States

(a) In general In any case in which the attorney general of a State or a State data protection authority has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of a person in a practice that violates title I, II, or III, or a regulation promulgated thereunder, the attorney general may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate Federal district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code, to— (1) enjoin any such violation by the person; (2) enforce compliance with the requirements of this Act; (3) obtain a permanent, temporary, or preliminary injunction or other appropriate equitable relief; (4) obtain civil penalties in the amount of $15,000 per violation, or 4 percent of the defendant’s average gross annual revenue over the preceding 3 years, whichever is greater; (5) obtain damages, restitution, or other compensation on behalf of the residents of such State; (6) obtain reasonable attorneys' fees and litigation costs; and (7) obtain such other relief as the court may consider to be appropriate. (b) Rights of the Commission (1) Notice to the Commission (A) In general Subject to subparagraph (C), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under subsection (a) before the filing of the civil action. (B) Contents The notification required under subparagraph (A) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (C) Exception The notification described in subparagraph (A) shall not be required if the attorney general of the State determines that it is not feasible to provide such notice before filing the action. (2) Intervention by the Commission Not later than 180 days after receiving notice under paragraph (1), the Commission shall have the right to intervene in the action that is the subject of the notice. (3) Effect of intervention If the Commission intervenes in an action under subsection (a), it shall have the right— (A) to be heard with respect to any matter that arises in that action; and (B) file a petition for appeal. (c) Investigatory powers Nothing in this section may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary or other evidence. (d) Coordination with relevant agencies (1) Consultation The Commission may consult with any relevant Federal agencies as necessary to carry out this Act. (2) Memorandum of understanding Not later than 180 days after the date of enactment of this Act, the Commission, in coordination with any relevant Federal agencies, shall establish, through a memorandum of understanding— (A) procedures for coordinating investigations and enforcement actions; (B) protocols for information sharing and technical assistance; (C) standards for determining the division of enforcement authority between the Commission and such Federal agencies; and (D) processes for referral of complaints between agencies.