Enforcement by the Commission
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(a) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated thereunder shall be treated as a violation of 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)). (b) Powers of the Commission (1) In general Subject to paragraph (3), 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. (2) Privileges and immunities Subject to paragraph (3), any person who 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 (15 U.S.C. 41 et seq.). (3) Additional penalties In addition to the authority and penalties provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.), any person who violates this Act shall be subject to— (A) a civil penalty— (i) with respect to a violation regarding a failure to implement or maintain any safeguard required under this Act, in an amount of $1,000 per violation per user; and (ii) with respect to a willful violation of section 4(a)(6) or a willful violation involving the submission of materially false or misleading information, in an amount of $10,000 per violation per user; and (B) an injunction or other equitable relief to compel compliance with this Act. (4) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (5) Rulemaking The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act.