Requirements for immigration consultants

(a) In general Not later than 180 days after the date of the enactment of this Act, the Commission, in consultation with the Director of the Executive Office for Immigration Review and the Secretary of Homeland Security, shall promulgate regulations, in accordance with section 553 of title 5, United States Code, that require an immigration consultant— (1) to disclose in all advertising or promotional material and by displaying a notice at the regular place of business (if any) of the consultant that the consultant is not an immigration attorney, cannot provide legal advice or legal services on immigration matters, and is not authorized to represent aliens before an immigration court or the Board of Immigration Appeals or authorized to represent others before the Department of Homeland Security in connection with an application for an immigration benefit or an immigration proceeding; (2) if the consultant enters into a written contract for the provision of immigration consulting services— (A) to ensure that the contract states that— (i) the consultant is not an immigration attorney, cannot provide legal advice or legal services on immigration matters, and is not authorized to represent aliens before an immigration court or the Board of Immigration Appeals or authorized to represent others before the Department of Homeland Security in connection with an application for an immigration benefit or an immigration proceeding; and (ii) the client has the right to have the contract reviewed by an attorney; (B) to provide the client with a copy of the contract in English and, if requested by the client, in one or more other languages; (C) to inform the client of the right to request a copy of the contract in languages other than English, as required by subparagraph (B); and (D) to ensure that the contract provides the client with the right to rescind the contract at any time during the 72-hour period after entering into the contract; (3) not to collect fees for immigration consulting services before having rendered the services for which the fees are charged; (4) to return to the client any original document obtained from the client (unless the original document must be provided to a Federal or State agency or another person and has been so provided) and to furnish to the client for no additional charge a copy of any document prepared or obtained by the consultant for the client or otherwise used in connection with immigration consulting services for the client (other than notes or other documents prepared by the consultant for internal use in order to provide such services); and (5) to retain for not less than 3 years after ceasing to provide immigration consulting services for a client a copy of any document required by paragraph (4) to be returned or furnished to the client. (b) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Immigration consultant The term immigration consultant means a person engaged in the provision of immigration consulting services, except that such term does not include a person who is— (A) authorized to represent aliens before an immigration court or the Board of Immigration Appeals; or (B) authorized to represent others in connection with an application or proceeding described in paragraph (3)(A) before the Department of Homeland Security in accordance with regulations promulgated by the Secretary of Homeland Security. (3) Immigration consulting services (A) In general The term immigration consulting services means assistance, advice, or services provided to an individual in connection with— (i) application (or consideration of application) by such individual for an immigration benefit; or (ii) an immigration proceeding involving such individual before or with the Department of Homeland Security or the Executive Office for Immigration Review. (B) Inclusions Such term includes the following: (i) Assistance with procuring supporting documentation requested by such an agency, such as a birth certificate or marriage license. (ii) Referring a client to an attorney for legal representation. (iii) Assistance with complying with requirements relating to biometric services. (C) Exclusions Such term does not include the following: (i) Completing a form of a Federal or State agency or submitting such form to such agency. (ii) Translating the responses of a client to the information requested on such a form or in other communications with such an agency. (4) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (c) Applicability and enforcement of regulations (1) General application The requirements of the regulations promulgated under subsection (a) apply, according to their terms, to those persons, partnerships, and corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (2) Enforcement by Federal Trade Commission (A) Unfair or deceptive acts or practices A violation of a regulation promulgated under subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (B) Powers of Commission The Commission shall enforce the regulations promulgated under subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.), and any person who violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in such Act. (3) Actions by States (A) In general In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of a regulation promulgated under subsection (a), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States— (i) to enjoin such act or practice; (ii) to enforce compliance with such regulation; (iii) to obtain on behalf of residents of the State— (I) damages for actual monetary loss from the violation, or up to $10,000 in damages for each such violation, whichever is greater; (II) restitution; or (III) other compensation; or (iv) to obtain such other legal and equitable relief as the court may consider to be appropriate. (B) Notice Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (C) Authority of Federal Trade Commission (i) In general On receiving notice under subparagraph (B) of an action under this subsection, the Commission shall have the right— (I) to intervene in the action; (II) upon so intervening, to be heard on all matters arising therein; and (III) to file petitions for appeal. (ii) Limitation on State action while Federal action is pending If the Commission or the Attorney General of the United States has instituted a civil action for violation of a regulation promulgated under subsection (a) (referred to in this subparagraph as the Federal action), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such regulation alleged in such complaint. (D) Rule of construction For purposes of bringing a civil action under this paragraph, 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. (4) Private right of action (A) In general A person injured by an act or practice in violation of a regulation promulgated under subsection (a) may bring in an appropriate State court or an appropriate district court of the United States— (i) an action to enjoin the violation; (ii) an action to recover damages for actual monetary loss from the violation, or to receive up to $10,000 in damages for each such violation, whichever is greater; or (iii) both such actions. (B) Willful or knowing violations If the court finds that the defendant acted willfully or knowingly in committing a violation described in subparagraph (A), the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (A)(ii). (C) Costs and attorney’s fees The court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney’s fees, as determined by the court. (D) Nonexclusive remedy The remedy provided by this subsection shall be in addition to any other remedies available to the person.