(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. 
(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 
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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 
reasonable attorney’s fees as determined by the 
court. 
(b) LIMITATION.—A civil action under this section 
may not be commenced later than 2 years after the date 
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upon which the claimant first discovered or had a reason-
able opportunity to discover the violation. 
SEC. 605. EFFECT ON OTHER LAWS. 
(a) PREEMPTION OF STATE LAWS.—This Act super-
sedes any provision of a statute, regulation, or rule of a 
State or political subdivision of a State, with respect to 
those entities covered by the regulations issued pursuant 
to this Act, that expressly requires covered entities to im-
plement requirements with respect to the collection, use, 
or disclosure of covered information addressed in this Act. 
(b) ADDITIONAL PREEMPTION.— 
(1) IN GENERAL.—No person other than a per-
son specified in section 603 or 604 may bring a civil 
action under the laws of any State if such action is 
premised in whole or in part upon the defendant vio-
lating any provision of this Act. 
(2) PROTECTION OF STATE CONSUMER PROTEC-
TION LAWS.—This subsection shall not be construed 
to limit the enforcement of any State consumer pro-
tection law by an attorney general or other official 
of a State. 
(c) PROTECTION OF CERTAIN STATE LAWS.—This 
Act shall not be construed to preempt the applicability 
of— 
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(1) State laws that address the collection, use, 
or disclosure of health information or financial infor-
mation; 
(2) State laws that address notification require-
ments in the event of a data breach; 
(3) State trespass, contract, or tort law; or 
(4) other State laws to the extent that those 
laws relate to acts of fraud. 
(d) PRESERVATION OF FTC AUTHORITY.—Nothing 
in this Act may be construed in any way to limit or affect 
the Commission’s authority under any provision of law. 
(e) RULE
OF CONSTRUCTION RELATING
TO RE-
QUIRED DISCLOSURES
TO GOVERNMENT ENTITIES.— 
This Act shall not be construed to expand or limit the 
duty or authority of a covered entity, service provider, or 
third party to disclose covered information or sensitive in-
formation to a government entity under any provision of 
law. 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. REVIEW. 
Not later than 5 years after the effective date of the 
regulations initially issued under this Act, the Commission 
shall— 
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(1) review the implementation of this Act, in-
cluding the effect of the implementation of this Act 
on practices relating to the collection, use, and dis-
closure of covered information and sensitive informa-
tion; and 
(2) prepare and submit to Congress a report on 
the results of the review under paragraph (1). 
SEC. 702. CONSUMER AND BUSINESS EDUCATION CAM-
PAIGN. 
Beginning on the effective date of this Act as set 
forth in section 703, the Commission shall— 
(1) conduct a consumer education campaign to 
inform individuals of the rights and protections af-
forded by this Act and the steps that individuals can 
take to affirmatively consent or decline consent to 
the collection, use, and disclosure of information 
under this Act and the regulations issued pursuant 
to this Act; and 
(2) provide guidance to businesses regarding 
their obligations under this Act, including guidance 
on how to participate in a Choice Program approved 
under title IV. 
SEC. 703. EFFECTIVE DATE. 
This Act shall take effect 2 years after the date of 
the enactment of this Act. The Commission may stay en-
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