civil penalties obtained under section 5 of the Fed-
eral Trade Commission Act (15 U.S.C. 45). 
(3) MULTIPLE
OFFENSES; MITIGATING
FAC-
TORS.—In assessing the penalty provided by sub-
section (a)— 
(A) each day of a continuing violation shall 
be considered a separate violation; and 
(B) the court shall take into consideration, 
among other factors, the seriousness of the vio-
lation and the efforts of the person committing 
the violation to remedy the harm caused by the 
violation in a timely manner. 
SEC. 4. CRIMINAL PENALTIES. 
(a) IN GENERAL.—In addition to any penalty appli-
cable under section 3, any person who violates section 2 
shall be fined under title 18, United States Code— 
(1) 
if 
a 
corporation, 
not 
to 
exceed 
$150,000,000; and 
(2) if an individual not to exceed $2,000,000, 
or imprisoned for not more than 10 years, or both. 
(b) ENFORCEMENT.—The criminal penalty provided 
by subsection (a) may be imposed only pursuant to a 
criminal action brought by the Attorney General or other 
officer of the Department of Justice. 
VerDate Nov 24 2008 
02:25 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
rfrederick on PROD1PC67 with BILLS
SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTOR-
NEYS GENERAL. 
(a) IN GENERAL.—A State, as parens patriae, may 
bring a civil action on behalf of its residents in an appro-
priate district court of the United States to enforce the 
provisions of section 2(a) of this Act, or to impose the 
civil penalties authorized by section 3(b)(1)(B), whenever 
the attorney general of the State has reason to believe that 
the interests of the residents of the State have been or 
are being threatened or adversely affected by a violation 
of this Act or a regulation under this Act, involving a re-
tail sale. 
(b) NOTICE.—The State shall serve written notice to 
the Federal Trade Commission of any civil action under 
subsection (a) prior to initiating such civil action. The no-
tice shall include a copy of the complaint to be filed to 
initiate such civil action, except that if it is not feasible 
for the State to provide such prior notice, the State shall 
provide such notice immediately upon instituting such civil 
action. 
(c) AUTHORITY TO INTERVENE.—Upon receiving the 
notice required by subsection (b), the Federal Trade Com-
mission may intervene in such civil action and upon inter-
vening— 
(1) be heard on all matters arising in such civil 
action; and 
VerDate Nov 24 2008 
02:25 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
rfrederick on PROD1PC67 with BILLS
(2) file petitions for appeal of a decision in such 
civil action. 
(d) CONSTRUCTION.—For purposes of bringing any 
civil action under subsection (a), nothing in this section 
shall prevent the attorney general of a State from exer-
cising the powers conferred on the attorney general by the 
laws of such State to conduct investigations or to admin-
ister oaths or affirmations or to compel the attendance 
of witnesses or the production of documentary and other 
evidence. 
(e) VENUE; SERVICE OF PROCESS.—In a civil action 
brought under subsection (a)— 
(1) the venue shall be a judicial district in 
which— 
(A) the defendant operates; 
(B) the defendant was authorized to do 
business; or 
(C) the defendant in the civil action is 
found; 
(2) process may be served without regard to the 
territorial limits of the district or of the State in 
which the civil action is instituted; and 
(3) a person who participated with the defend-
ant in an alleged violation that is being litigated in 
VerDate Nov 24 2008 
02:25 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
rfrederick on PROD1PC67 with BILLS
the civil action may be joined in the civil action with-
out regard to the residence of the person. 
(f) LIMITATION ON STATE ACTION WHILE FEDERAL 
ACTION IS PENDING.—If the Federal Trade Commission 
has instituted a civil action or an administrative action 
for violation of this Act, no State attorney general, or offi-
cial or agency of a State, may bring an action under this 
subsection during the pendency of that action against any 
defendant named in the complaint of the Federal Trade 
Commission or the other agency for any violation of this 
Act alleged in the complaint. 
(g) ENFORCEMENT OF STATE LAW.—Nothing con-
tained in this section shall prohibit an authorized State 
official from proceeding in State court to enforce a civil 
or criminal statute of such State. 
SEC. 6. LOW INCOME ENERGY ASSISTANCE. 
Amounts collected in fines and penalties under sec-
tion 3 of this Act shall be deposited in a separate fund 
in the treasury to be known as the Consumer Relief Trust 
Fund. To the extent provided for in advance in appropria-
tions Acts, the fund shall be used to provide assistance 
under the Low Income Home Energy Assistance Program 
administered by the Secretary of Health and Human Serv-
ices. 
VerDate Nov 24 2008 
02:25 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
rfrederick on PROD1PC67 with BILLS
SEC. 7. EFFECT ON OTHER LAWS. 
(a) OTHER AUTHORITY OF FEDERAL TRADE COM-
MISSION.—Nothing in this Act shall be construed to limit 
or affect in any way the Federal Trade Commission’s au-
thority to bring enforcement actions or take any other 
measure under the Federal Trade Commission Act (15 
U.S.C. 41 et seq.) or any other provision of law. 
(b) STATE LAW.—Nothing in this Act preempts any 
State law. 
Æ 
VerDate Nov 24 2008 
02:25 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H2129.IH
H2129
rfrederick on PROD1PC67 with BILLS