the practicality and cost effectiveness of re-
quiring the notification required by sub-
section (d)(1) to be provided in a language in 
addition to English to individuals known to 
speak only such other language. 
SEC. 4. ENFORCEMENT. 
(a) ENFORCEMENT BY THE FEDERAL TRADE 
COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR 
PRACTICES.—A violation of section 2 or 3 
shall be treated as an unfair and decep-
tive act or practice in violation of a regu-
lation under section 18(a)(1)(B) of the 
Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. 
(2) POWERS OF COMMISSION.—The Com-
mission 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 provi-
sions of the Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this Act. 
Any person who violates such regulations 
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shall be subject to the penalties and enti-
tled to the privileges and immunities pro-
vided in that Act. 
(3) 
LIMITATION.—In 
promulgating 
rules under this Act, the Commission 
shall not require the deployment or use 
of any specific products or technologies, 
including any specific computer software 
or hardware. 
(b) ENFORCEMENT
BY
STATE
ATTORNEYS 
GENERAL.— 
(1) CIVIL
ACTION.—In any case in 
which the attorney general of a State, or 
an official or agency of a State, has rea-
son to believe that an interest of the resi-
dents of that State has been or is threat-
ened or adversely affected by any person 
who violates section 2 or 3 of this Act, the 
attorney general, official, or agency of 
the State, as parens patriae, may bring a 
civil action on behalf of the residents of 
the State in a district court of the United 
States of appropriate jurisdiction— 
(A) to enjoin further violation of 
such section by the defendant; 
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(B) to compel compliance with 
such section; or 
(C) to obtain civil penalties in the 
amount determined under paragraph 
(2). 
(2) CIVIL PENALTIES.— 
(A) CALCULATION.— 
(i) TREATMENT
OF
VIOLATIONS 
OF
SECTION
2.—For purposes of 
paragraph (1)(C) with regard to a 
violation of section 2, the amount 
determined under this paragraph 
is the amount calculated by multi-
plying the number of violations of 
such section by an amount not 
greater than $11,000. Each day 
that a person is not in compliance 
with the requirements of such 
section shall be treated as a sepa-
rate violation. The maximum civil 
penalty 
calculated 
under 
this 
clause shall not exceed $5,000,000. 
(ii) TREATMENT OF VIOLATIONS 
OF
SECTION
3.—For purposes of 
paragraph (1)(C) with regard to a 
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violation of section 3, the amount 
determined under this paragraph 
is the amount calculated by multi-
plying the number of violations of 
such section by an amount not 
greater than $11,000. Each failure 
to send notification as required 
under section 3 to a resident of 
the State shall be treated as a 
separate violation. The maximum 
civil 
penalty 
calculated 
under 
this 
clause 
shall 
not 
exceed 
$5,000,000. 
(B) ADJUSTMENT FOR INFLATION.— 
Beginning on the date that the Con-
sumer Price Index is first published 
by the Bureau of Labor Statistics that 
is after 1 year after the date of enact-
ment of this Act, and each year there-
after, 
the 
amounts 
specified 
in 
clauses (i) and (ii) of subparagraph 
(A) shall be increased by the percent-
age increase in the Consumer Price 
Index published on that date from the 
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Consumer Price Index published the 
previous year. 
(3) INTERVENTION BY THE FTC.— 
(A) NOTICE
AND
INTERVENTION.— 
The State shall provide prior written 
notice of any action under paragraph 
(1) to the Commission and provide 
the Commission with a copy of its 
complaint, except in any case in 
which such prior notice is not fea-
sible, in which case the State shall 
serve such notice immediately upon 
instituting such action. The Commis-
sion 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 ap-
peal. 
(B) LIMITATION
ON
STATE
ACTION 
WHILE FEDERAL ACTION IS PENDING.—If 
the Commission has instituted a civil 
action for violation of this Act, no 
State attorney general, or official or 
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100 
agency of a State, may bring an ac-
tion under this subsection during the 
pendency of that action against any 
defendant named in the complaint of 
the Commission for any violation of 
this Act alleged in the complaint. 
(4) CONSTRUCTION.—For purposes of 
bringing any civil action under para-
graph (1), nothing in this Act shall be 
construed to prevent an attorney general 
of a State from exercising the powers 
conferred on the attorney general by the 
laws of that State to— 
(A) conduct investigations; 
(B) administer oaths or affirma-
tions; or 
(C) compel the attendance of wit-
nesses or the production of documen-
tary and other evidence. 
(c) AFFIRMATIVE DEFENSE FOR A VIOLATION 
OF SECTION 3.—It shall be an affirmative de-
fense to an enforcement action brought under 
subsection (a), or a civil action brought under 
subsection (b), based on a violation of section 
3, that all of the personal information con-
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