tion with immigration consulting services for the cli-
ent (other than notes or other documents prepared 
by the consultant for internal use in order to provide 
such services); and 
(5) to retain for not less than 3 years after 
ceasing to provide immigration consulting services 
for a client a copy of any document required by 
paragraph (4) to be returned or furnished to the cli-
ent. 
SEC. 5. APPLICABILITY AND ENFORCEMENT. 
(a) GENERAL APPLICATION.—The requirements of 
the regulations promulgated under section 4 apply, ac-
cording to their terms, to those persons, partnerships, and 
corporations over which the Commission has authority 
pursuant to section 5(a)(2) of the Federal Trade Commis-
sion Act (15 U.S.C. 45(a)(2)). 
(b) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of a regulation promulgated 
under section 4 shall be treated as a violation of a 
regulation under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) re-
garding unfair or deceptive acts or practices. 
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(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce the regulations promulgated under 
section 4 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. Any person who violates such a regulation shall 
be subject to the penalties and entitled to the privi-
leges and immunities provided in the Federal Trade 
Commission Act. 
(c) ACTIONS BY STATES.— 
(1) IN GENERAL.—In any case in which the at-
torney general of a State, or an official or agency of 
a State, has reason to believe that an interest of the 
residents of such State has been or is threatened or 
adversely affected by an act or practice in violation 
of a regulation promulgated section 4, the State, as 
parens patriae, may bring a civil action on behalf of 
the residents of the State in an appropriate State 
court or an appropriate district court of the United 
States— 
(A) to enjoin such act or practice; 
(B) to enforce compliance with such regu-
lation; 
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(C) to obtain on behalf of residents of the 
State— 
(i) damages for actual monetary loss 
from the violation, or up to $10,000 in 
damages for each such violation, whichever 
is greater; 
(ii) restitution; or 
(iii) other compensation; or 
(D) to obtain such other legal and equi-
table relief as the court may consider to be ap-
propriate. 
(2) NOTICE.—Before filing an action under this 
subsection, the attorney general, official, or agency 
of the State involved shall provide to the Commis-
sion a written notice of such action and a copy of 
the complaint for such action. If the attorney gen-
eral, official, or agency determines that it is not fea-
sible to provide the notice described in this para-
graph before the filing of the action, the attorney 
general, official, or agency shall provide written no-
tice of the action and a copy of the complaint to the 
Commission immediately upon the filing of the ac-
tion. 
(3) AUTHORITY OF FEDERAL TRADE COMMIS-
SION.— 
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(A) IN
GENERAL.—On receiving notice 
under paragraph (2) of an action under this 
subsection, the Commission 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 appeal. 
(B) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion or the Attorney General of the United 
States has instituted a civil action for violation 
of a regulation promulgated under section 4 
(referred to in this subparagraph as the ‘‘Fed-
eral action’’), no State attorney general, official, 
or agency may bring an action under this sub-
section during the pendency of the Federal ac-
tion against any defendant named in the com-
plaint in the Federal action for any violation of 
such regulation alleged in such complaint. 
(4) RULE OF CONSTRUCTION.—For purposes of 
bringing a civil action under this subsection, nothing 
in this Act shall be construed to prevent an attorney 
general, official, or agency of a State from exercising 
the powers conferred on the attorney general, offi-
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cial, or agency by the laws of such State to conduct 
investigations, administer oaths and affirmations, or 
compel the attendance of witnesses or the production 
of documentary and other evidence. 
(d) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—A person injured by an act 
or practice in violation of a regulation promulgated 
under section 4 may bring in an appropriate State 
court or an appropriate district court of the United 
States— 
(A) an action to enjoin the violation; 
(B) an action to recover damages for ac-
tual monetary loss from the violation, or to re-
ceive up to $10,000 in damages for each such 
violation, whichever is greater; or 
(C) both such actions. 
(2) WILLFUL OR KNOWING VIOLATIONS.—If the 
court finds that the defendant acted willfully or 
knowingly in committing a violation described in 
paragraph (1), the court may, in its discretion, in-
crease the amount of the award to an amount equal 
to not more than 3 times the amount available 
under paragraph (1)(B). 
(3) COSTS AND ATTORNEY’S FEES.—The court 
shall award to a prevailing plaintiff in an action 
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