Enforcement

(a) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of section 4, 5, or 6, or a regulation promulgated thereunder, 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 sections 4, 5, and 6 and any regulation promulgated thereunder 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 deployer or developer that violates section 4, 5, or 6, or a regulation promulgated thereunder, 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 Commission under any other provision of law. (D) Rulemaking In addition to the specific rulemaking requirements described in section 4, the Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. (b) Enforcement by States (1) Authorization 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 the engagement of any deployer or developer in an act or practice that violates section 4, 5, or 6, or a regulation promulgated thereunder, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin such act or practice; (B) enforce compliance with section 4, 5 or 6, or a regulation promulgated thereunder; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Rights of the Commission (A) Notice to the Commission (i) In general Except as provided in clause (iii), before initiating a civil action under paragraph (1), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring such civil action. (ii) Contents The notification required to be filed by clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by the Commission Upon receiving the notice required by subparagraph (A), the Commission may intervene in the civil action and, upon intervening— (i) be heard on all matters arising in the civil action; and (ii) file petitions for appeal of a decision in the civil action. (C) Preemptive action by the Commission If the Commission has instituted a civil action for a violation of subsection (a), no State officer may bring an action under paragraph (1) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of subsection (a) alleged in the complaint. (3) Investigatory powers Nothing in this subsection 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 conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (c) Private right of action (1) In general Any parent or legal guardian of a minor may bring a civil action in any court of competent jurisdiction against a deployer or developer for a violation of section 4 or 5, or a regulation promulgated thereunder, by the deployer or developer. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award— (A) actual damages; (B) punitive damages; (C) reasonable attorney's fees and litigation costs; (D) injunctive relief or declaratory relief; or (E) any other relief that the court determines appropriate. (d) Relationship to State law The provisions of this Act shall preempt any State law, rule, or regulation only to the extent that such State law, rule, or regulation conflicts with a provision of this Act. Nothing in this Act shall be construed to prohibit any State from enacting a law, rule, or regulation that provides greater protection to minors than the provisions of this Act. (e) Severability If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by the invalidation.