Enforcement

(a) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2(a), 3(a), 4(a), or 5(a) (or a regulation promulgated under such section) 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)) and as a violation of section 5(a) of such Act (15 U.S.C. 45(a)) regarding unfair methods of competition. (2) Powers of Commission The Commission shall enforce section 2(a), 3(a), 4(a), and 5(a) (and any regulations promulgated under such sections) 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. Any retail food store that violates such sections (or any regulations promulgated under such sections) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (4) Regulations The Commission may promulgate, pursuant to section 553 of title 5, United States Code, any regulations the Commission determines necessary to carry out the provisions of this Act. (b) Actions by States (1) In general In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of section 2(a), 3(a), 4(a), or 5(a) (or a regulation promulgated under such section), 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 such act or practice; (B) enforce compliance with such section (or such regulation); (C) obtain, for each such violation, the greater of— (i) the actual monetary damages incurred from the violation; or (ii) $3,000; or (D) obtain any restitution, penalties, and other legal or equitable relief as the court may deem just and proper. (2) Rule of construction Nothing in this subsection may be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (c) Private right of action (1) In general A consumer injured by an act or practice in violation of section 2(a), 3(a), 4(a), or 5(a) (or a regulation promulgated under such section) may bring in an appropriate district court of the United States an action to— (A) enjoin the violation; (B) subject to paragraph (2), obtain, for each such violation, the greater of— (i) the actual monetary damages incurred from the violation; or (ii) $3,000; or (C) obtain any restitution, penalties, and other legal or equitable relief as the court may deem just and proper. (2) Willful or knowing violations If the court finds that the defendant acted willfully or knowingly in committing a violation described in paragraph (1), the court shall increase the amount of the award to an amount that is 3 times the amount available under paragraph (1)(B). (3) Costs and attorney’s fees The court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney’s fees, as determined by the court. (4) Limitation An action may be commenced under this subsection not later than 5 years after the date on which a consumer first discovered or had a reasonable opportunity to discover the violation. (5) Nonexclusive remedy The remedy provided by this subsection shall be in addition to any other remedies available to the consumer. (6) Invalidity of pre-dispute arbitration and joint action waivers Notwithstanding any other provision of law, a pre-dispute arbitration agreement or pre-dispute joint action waiver between a retail food store and a consumer shall not be valid or enforceable for purposes of this subsection.