relevant Federal agencies, shall establish, through a 
memorandum of understanding— 
(A) procedures for coordinating investiga-
tions and enforcement actions; 
(B) protocols for information sharing and 
technical assistance; 
(C) standards for determining the division 
of enforcement authority between the Commis-
sion and such Federal agencies; and 
(D) processes for referral of complaints be-
tween agencies. 
SEC. 403. PRIVATE RIGHT OF ACTION. 
(a) ENFORCEMENT BY INDIVIDUALS.— 
(1) IN GENERAL.—Any individual or class of in-
dividuals alleging a violation of title I, II, or III, or 
a regulation promulgated thereunder, may bring a 
civil action in any court of competent jurisdiction. 
(2) RELIEF.—In a civil action brought under 
paragraph (1) in which the plaintiff prevails, the 
court may award— 
(A) treble damages or $15,000 per viola-
tion, whichever is greater; 
(B) nominal damages; 
(C) punitive damages; 
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(D) reasonable attorney’s fees and litiga-
tion costs; and 
(E) any other relief, including equitable or 
declaratory relief, that the court determines ap-
propriate. 
(3) RIGHTS OF THE COMMISSION AND STATE 
ATTORNEYS GENERAL.— 
(A) IN GENERAL.—Prior to an individual 
bringing a civil action under paragraph (1), 
such individual shall notify the Commission and 
the attorney general of the State where such in-
dividual resides, in writing and including a de-
scription of the allegations included in the civil 
action, that such individual intends to bring a 
civil action under such paragraph. Not later 
than 60 days after receiving such notice, the 
Commission and State attorney general shall 
each or jointly make a determination and re-
spond to such individual as to whether they will 
intervene in such action. The Commission and 
State attorney general shall have a right to in-
tervene in any civil action under paragraph (1), 
and upon intervening, to be heard on all mat-
ters arising in such action and file petitions for 
appeal of a decision in such action. If a State 
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attorney general does intervene, they shall only 
be heard with respect to the interests of the 
residents of their State. 
(B) 
RETAINED
AUTHORITY.—Subpara-
graph (A) shall not be construed to limit the 
authority of the Commission or any applicable 
State attorney general to, at a later date, com-
mence a civil action or intervene by motion if 
the Commission or State attorney general does 
not commence a proceeding or civil action with-
in the 60-day period described in such subpara-
graph. 
(b) INVALIDITY
OF
PRE-DISPUTE
ARBITRATION 
AGREEMENTS AND PRE-DISPUTE JOINT ACTION WAIV-
ERS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, no pre-dispute arbitration agree-
ment or pre-dispute joint action waiver shall be valid 
or enforceable with regard to a dispute arising under 
this Act. 
(2) APPLICABILITY.—Any determination as to 
whether or how this subsection applies to any dis-
pute shall be made by a court, rather than an arbi-
trator, without regard to whether such agreement 
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purports to delegate such determination to an arbi-
trator. 
(3) DEFINITIONS.—For purposes of this sub-
section: 
(A) PRE-DISPUTE
ARBITRATION
AGREE-
MENT.—The 
term 
‘‘pre-dispute 
arbitration 
agreement’’ means any agreement to arbitrate a 
dispute that has not arisen at the time of the 
making of the agreement. 
(B) PRE-DISPUTE
JOINT-ACTION
WAIV-
ER.—The term ‘‘pre-dispute joint-action waiv-
er’’ means an agreement, whether or not part 
of a pre-dispute arbitration agreement, that 
would prohibit or waive the right of 1 of the 
parties to the agreement to participate in a 
joint, class, or collective action in a judicial, ar-
bitral, administrative, or other related forum, 
concerning a dispute that has not yet arisen at 
the time of the making of the agreement. 
SEC. 404. SEVERABILITY. 
If any provision of this Act, or the application thereof 
to any person or circumstance, is held invalid, the remain-
der of this Act, and the application of such provision to 
other persons not similarly situated or to other cir-
cumstances, shall not be affected by the invalidation. 
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SEC. 405. RULES OF CONSTRUCTION. 
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to— 
(1) waive or otherwise limit any requirement 
under the National Labor Relations Act (29 U.S.C. 
151 et seq.) for an employer (as such term is de-
fined in section 2 of such Act (29 U.S.C. 152)) to 
bargain collectively regarding the deployment or ef-
fects of a covered algorithm; 
(2) absolve an employer of any obligation to en-
sure a covered algorithm and its effects comply with 
health and safety laws; 
(3) allow an employer to deploy a covered algo-
rithm that interferes with the rights of employees 
under any Federal, State, or local law; or 
(4) absolve any other duty or requirement 
under any other Federal, State, or local law. 
(b) OTHERWISE APPLICABLE REQUIREMENTS AND 
AUTHORITY.—No regulation or standard imposed under 
this Act may be construed in a manner that would lessen 
the stringency of the requirements of any applicable Fed-
eral or State agency that are otherwise applicable. This 
Act does not divest any such agency of any authority de-
rived from any other applicable law. 
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