Enforcement

(a) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated under this Act 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)). (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 or a regulation promulgated under 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 subsection shall be construed to limit the authority of the Commission under any other provision of law. (D) 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 States (1) In general 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 an act or practice in violation of this Act or a regulation promulgated under this Act, 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 or an appropriate State court to— (A) enjoin such act or practice; (B) enforce compliance with this Act or the regulations promulgated under this Act; (C) obtain civil penalties; (D) obtain damages, restitution, or other compensation on behalf of the residents of the State; (E) obtain reasonable attorney’s fees and other litigation costs reasonably incurred; or (F) 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 (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by the Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) remove the civil action to the appropriate district court of the United States, if the action was not originally brought in such court; (II) be heard on all matters arising in the civil action; and (III) file petitions for appeal of a decision in the civil action. (C) 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 conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (3) Action by the Commission If the Commission institutes a civil action with respect to a violation of this Act or a regulation promulgated under this Act, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (4) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under such paragraph, subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an attorney general or authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in any Federal district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (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. (c) Private right of action (1) In general A consumer whose consumer car-related data has been processed, collected, shared, or sold in violation of this Act may bring a civil action in a court of competent jurisdiction against the covered entity alleged in such violation. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award— (A) damages in an amount of not less than $5,000 per violation, as adjusted annually to reflect any increase in the Consumer Price Index, or actual damages, whichever is greater; (B) punitive damages; (C) declaratory or equitable relief; and (D) reasonable attorney's fees and litigation costs.