Enforcement

(a) In general The Commission or the Assistant Attorney General may enforce this Act, including any divestiture, condition, restriction, or remedy imposed under section 5, by— (1) exercising the administrative authorities provided under this Act; or (2) bringing a civil action in an appropriate district court of the United States. (b) Powers of the Commission (1) In general The Commission shall enforce this Act or an order, requirement, guidance, rule, process, or procedure authorized under 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. (2) Unfair or deceptive acts or practices; unfair methods of competition A violation of this Act or an order, requirement, guidance, rule, process, or procedure authorized by this Act shall also constitute a violation of section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) regarding unfair methods of competition or a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (3) Privileges and immunities Any person who violates this Act or an order, requirement, guidance, rule, process, or procedure authorized by 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) Actions by State attorneys general (1) In general If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates this section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States. (2) Rule of construction For purposes of bringing a civil action under this subsection, nothing in this Act shall 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 such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (d) Private right of action Any individual or class of individuals adversely affected by a covered firm's violation of this Act, or a regulation promulgated thereunder, may bring a civil action in any court of competent jurisdiction against the covered firm. (e) Award In a civil action brought under this Act in which the plaintiff prevails, the court may award— (1) damages in an amount equal to— (A) 3 times the amount of actual monetary damages incurred as a result of the violation; or (B) in the event of a willful violation, an amount determined appropriate by the court, but in no case shall such amount be less than the amount described in subparagraph (A); (2) restitution or other appropriate equitable relief; (3) reasonable attorney’s fees and litigation costs; (4) any condition, restriction, or remedy described in section 5; and (5) any other relief that the court determines appropriate. (f) Right to jury trial Either party, upon request, shall have the right to a jury trial. (g) Invalidity of pre-dispute arbitration agreements and pre-dispute joint action waivers (1) Definitions For purposes of this subsection: (A) Pre-dispute arbitration agreement The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement. (B) Pre-dispute joint-action waiver The term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit or waive the right of 1 of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other related forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. (2) Invalidity Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable with regard to a dispute arising under this Act. (3) Applicability Any determination as to whether or how this subsection applies to any dispute shall be made by a court, rather than an arbitrator, without respect to whether such agreement purports to delegate such determination to an arbitrator.