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 Commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act 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 Except as provided in subparagraph (C), any covered commercial entity that violates this Act 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. (C) Common carriers Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act or a regulation promulgated thereunder, in the same manner provided in subparagraphs (A) and (B), with respect to common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto. (D) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (E) Rulemaking 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 the Department of Justice (1) Criminal enforcement The Attorney General may initiate a criminal investigation of a covered commercial entity that the Attorney General has reason to believe, and may initiate a prosecution of a covered commercial entity that the Attorney General determines, is knowingly violating, or has knowingly violated, this Act. (2) Criminal penalties Any covered commercial entity that knowingly violates this Act— (A) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; or (B) shall be fined not more than $750,000, if an individual, or $1,500,000, if an organization, imprisoned for not more than 5 years, or both, if— (i) the violation resulted in access to sexual material harmful to minors by not less than 100,000 minors; (ii) the covered commercial entity had profits of more than $1,000,000 during any year that were attributable to the violation; or (iii) the covered commercial entity engaged in efforts to deceive the Attorney General or the Commission or obstruct an investigation of an alleged violation of this Act. (3) Coordination with the FTC The Attorney General shall consult with the Commission to assess evidence of knowing violations of this Act and coordinate parallel civil and criminal enforcement actions, where appropriate. (c) Private right of action (1) In general Any individual, including the parent or legal guardian of a minor, may bring a civil action against a covered commercial entity in violation of this Act in a court of competent jurisdiction. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award— (A) declaratory or equitable relief; (B) compensatory damages; (C) punitive damages; and (D) reasonable attorney’s fees and litigation costs.