Enforcement

(a) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of this Act 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 this Act 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 this Act 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. (b) Enforcement by States (1) Authorization Subject to paragraph (3), 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 a covered entity in a practice that violates section 3 or 4, the attorney general of the State may, as parens patriae, bring a civil action against the covered entity on behalf of the residents of the State in an appropriate district court of the United States to— (A) enjoin such practice; (B) enforce compliance with this Act; (C) on behalf of residents of the State, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; 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 (ii), before initiating a civil action under paragraph (1), the attorney general of a State shall provide to the Commission a written notice of such action and a copy of the complaint for such action. (ii) Exception If the attorney general determines that it is not feasible to provide the notice described in clause (i) before initiating a civil action under paragraph (1), the attorney general shall provide written notice of the action and a copy of the complaint to the Commission immediately upon initiating the civil action. (B) Intervention by the Commission Upon receiving the notice required under subparagraph (A), the Commission may— (i) intervene in the civil action that is the subject of the notice; and (ii) upon intervening— (I) be heard with respect to any matter that arises in such action; and (II) file a petition for appeal for any decision in such action. (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— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by the Commission In any case in which an action is instituted by or on behalf of the Commission for a violation of this Act, no State may, during the pendency of that action, institute a separate civil action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (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.