who violates this Act or the regulations issued under this 
Act shall be subject to the penalties and entitled to the 
privileges and immunities provided in that Act. 
(c) RULEMAKING AUTHORITY.— 
(1) RULEMAKING.—The Commission may, in 
accordance with section 553 of title 5, United States 
Code, issue such regulations it determines to be nec-
essary to carry out this Act. 
(2) AUTHORITY TO GRANT EXCEPTIONS.—The 
regulations prescribed under paragraph (1) may in-
clude such additional exceptions to titles I, II, III, 
IV, and V of this Act as the Commission considers 
consistent with the purposes of this Act. 
(3) LIMITATION.—In promulgating rules under 
this Act, the Commission shall not require the de-
ployment or use of any specific products or tech-
nologies, including any specific computer software or 
hardware. 
SEC. 603. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
(a) CIVIL ACTION.—In any case in which the Attor-
ney General of a State, or an official or agency of a State, 
has reason to believe that an interest of the residents of 
that State has been or is threatened or adversely affected 
by any person who violates this Act, the attorney general, 
official, or agency of the State, as parens patriae, may 
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bring a civil action on behalf of the residents of the State 
in an appropriate district court of the United States— 
(1) to enjoin further violation of this Act by the 
defendant; 
(2) to compel compliance with this Act; or 
(3) for violations of titles I, II, or III of this 
Act, to obtain civil penalties in the amount deter-
mined under subsection (b). 
(b) CIVIL PENALTIES.— 
(1) CALCULATION.—For purposes of calculating 
the civil penalties that may be obtained under sub-
section (a)(3)— 
(A) with regard to a violation of title I, the 
amount determined under this paragraph is the 
amount calculated by multiplying the number of 
days that a covered entity is not in compliance 
with such title, or the number of individuals for 
whom the covered entity failed to obtain con-
sent as required by such title, whichever is 
greater, by an amount not to exceed $11,000; 
and 
(B) with regard to a violation of title II or 
III, the amount determined under this para-
graph is the amount calculated by multiplying 
the number of days that a covered entity is not 
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in compliance with such title or titles by an 
amount not to exceed $11,000. 
(2) ADJUSTMENT FOR INFLATION.—Beginning 
on the date that the Consumer Price Index for All 
Urban Consumers is first published by the Bureau 
of Labor Statistics that is after 1 year after the date 
of enactment of this Act, and each year thereafter, 
the amounts specified in subparagraphs (A) and (B) 
of paragraph (1) shall be increased by the percent-
age increase in the Consumer Price Index published 
on that date from the Consumer Price Index pub-
lished the previous year. 
(3) MAXIMUM
TOTAL
LIABILITY.—Notwith-
standing the number of actions which may be 
brought against a person under this section the 
maximum civil penalty for which any person may be 
liable under this section shall not exceed— 
(A) $5,000,000 for any related series of 
violations of title I; and 
(B) $5,000,000 for any related series of 
violations of title II and title III. 
(4) EFFECT OF PARTICIPATION IN CHOICE PRO-
GRAM.—If a covered entity participates in a Choice 
Program established under title IV and cures the al-
leged violation of title I or II in a reasonable period 
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of time after receiving notice of the alleged violation, 
such conduct shall be taken into consideration by a 
State or a court in determining the amount of civil 
penalties under this subsection. 
(c) INTERVENTION BY THE FTC.— 
(1) NOTICE
AND
INTERVENTION.—The State 
shall provide prior written notice of any action under 
subsection (a) to the Commission and provide the 
Commission with a copy of its complaint, except in 
any case in which such prior notice is not feasible, 
in which case the State shall serve such notice im-
mediately upon instituting such action. The Commis-
sion shall have the right— 
(A) to intervene in the action; 
(B) upon so intervening, to be heard on all 
matters arising therein; and 
(C) to file petitions for appeal. 
(2) LIMITATION ON STATE ACTION WHILE FED-
ERAL ACTION IS PENDING.—If the Commission has 
instituted a civil action for violation of this Act, no 
attorney general of a State, or official, or agency of 
a State, may bring an action under this section dur-
ing the pendency of that action against any defend-
ant named in the complaint of the Commission for 
any violation of this Act alleged in the complaint. 
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(d) CONSTRUCTION.—For purposes of bringing any 
civil action under subsection (a), nothing in this Act shall 
be construed to prevent an attorney general of a State 
from exercising the powers conferred on the attorney gen-
eral by the laws of that State to— 
(1) conduct investigations; 
(2) administer oaths or affirmations; or 
(3) compel the attendance of witnesses or the 
production of documentary and other evidence. 
SEC. 604. PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—A covered entity, other than a 
covered entity that participates in and is in compliance 
with a Choice Program established under title IV, who 
willfully fails to comply with sections 103 or 104 of this 
Act with respect to any individual is liable to that indi-
vidual in a civil action brought in a district court of the 
United States of appropriate jurisdiction in an amount 
equal to the sum of— 
(1) the greater of any actual damages of not 
less than $100 and not more than $1,000; 
(2) such amount of punitive damages as the 
court may allow; and 
(3) in the case of any successful action under 
this section, the costs of the action together with 
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