(7) A process for a noncompliant participant to 
take timely remedial action in order to come back 
into compliance with the program before suspension 
or termination of participation in the program. 
(d) CONSUMER DISPUTE RESOLUTION.— 
(1) SELF-REGULATORY DISPUTE PROCESS.—If 
a consumer has a dispute with a participant in a 
self-regulatory program under this section or under 
section 5 of the Federal Trade Commission Act (15 
U.S.C. 45) to the extent that such dispute pertains 
to the entity’s privacy policy or practices required 
for participation in the self-regulatory program, the 
consumer shall initially seek resolution through the 
participant’s dispute resolution process (established 
in accordance with subsection (c)(3)). The Commis-
sion shall promptly refer to the participant involved 
any dispute submitted to the Commission for which 
resolution has not been initially sought through such 
process. 
(2) RESOLUTION BY COMMISSION.—A consumer 
may submit to the Commission for resolution a dis-
pute with a participant in a self-regulatory program 
under this section, if the following requirements are 
met:
(A) The dispute was initially submitted 
under paragraph (1) for resolution through the 
participant’s dispute resolution process. 
(B) The dispute submitted under para-
graph (1) is not resolved— 
(i) within 60 days after submission of 
the dispute by the consumer; or 
(ii) to the satisfaction of the con-
sumer. 
(C) Notice of the facts of the dispute is 
submitted to the Commission not later than 30 
days after the date on which the consumer is 
notified of the resolution through the partici-
pant’s dispute resolution process. 
(D) The consumer has not voluntarily ac-
cepted a resolution of the dispute under para-
graph (1). 
(E) The dispute was not resolved through 
binding arbitration. 
(3) LIMITATION.—Nothing in this Act shall 
prevent the Commission from investigating compli-
ance with this Act by a participant in a self-regu-
latory organization based upon a complaint from an 
individual or organization other than a consumer 
with a dispute with such participant, or on its own
initiative, except that prior to instituting any such 
investigation the Commission shall afford the self- 
regulatory organization a reasonable opportunity to 
invoke its own remedial procedures and assure com-
pliance by the participant. 
(4) CLEAR AND CONVINCING EVIDENCE.—The 
presumption established by paragraph (1) of sub-
section (a) may be overcome by clear and convincing 
evidence of non-compliance. 
(e) NONRELEASE OF CERTAIN INFORMATION.—The 
Commission may not compel a participant in a self-regu-
latory program approved under subsection (b) (or an ad-
ministrator of such a program) to provide proprietary in-
formation or personally identifiable information of con-
sumers to the Commission unless the Commission provides 
assurances that such information will not be released to 
the public. 
(f) MISREPRESENTATION
OF
SELF-REGULATORY 
PROGRAM PARTICIPATION.—It is unlawful for a data col-
lection organization to misrepresent that it is a participant 
in a self-regulatory program (including through any mech-
anism provided under subsection (c)(4)) when such orga-
nization is not, in fact, such a participant. 
(g) EXEMPTED ENTITY PARTICIPATION.—An entity 
that is not a data collection organization and that volun-
tarily participates in a self-regulatory program under this 
section shall enjoy the rights and benefits provided under 
this section in any action or investigation under section 
5 of the Federal Trade Commission Act (15 U.S.C. 45) 
to the extent that such action or investigation pertains to 
the entity’s privacy policy or practices required for partici-
pation in the self-regulatory program. 
SEC. 107. ENFORCEMENT. 
(a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 
violation of any provision of this title by a data collection 
organization is an unfair or deceptive act or practice un-
lawful under section 5(a)(1) of the Federal Trade Com-
mission Act (15 U.S.C. 45(a)(1)), except that the amount 
of any civil penalty under such Act shall be doubled for 
a violation of this title, but may not exceed $500,000 for 
all related violations by a single violator (without respect 
to the number of consumers affected or the duration of 
the related violations). 
(b) GUIDELINES AND OPINIONS.—In order to assist 
in compliance with this title, the Federal Trade Commis-
sion may promulgate regulations and interpretive rules 
under section 18 of the Federal Trade Commission Act 
(15 U.S.C. 57a), with respect to specific types of acts or 
practices that would, or would not, comply with this title.
SEC. 108. NO PRIVATE RIGHT OF ACTION. 
This title may not be considered or construed to pro-
vide any private right of action. No private civil action 
relating to any act or practice governed under this title 
may be commenced or maintained in any State court or 
under State law (including a pendent State claim to an 
action under Federal law). 
SEC. 109. EFFECT ON OTHER LAWS. 
(a) QUALIFIED EXEMPTION FOR COMPLIANCE WITH 
OTHER FEDERAL PRIVACY LAWS.—To the extent that 
personally identifiable information protected under this 
title is also protected under a provision of Federal privacy 
law described in subsection (c), a data collection organiza-
tion that complies with the relevant provision of such other 
Federal privacy law shall be deemed to have complied with 
the corresponding provision of this title. 
(b) PROTECTION
OF OTHER FEDERAL PRIVACY 
LAWS.—Nothing in this title may be construed to modify, 
limit, or supersede the operation of the Federal privacy 
laws described in subsection (c) or the provision of infor-
mation permitted or required, expressly or by implication, 
by such laws, with respect to Federal rights and practices. 
(c) OTHER FEDERAL PRIVACY LAWS DESCRIBED.— 
The provisions of law to which subsections (a) and (b) 
apply are the following:
(1) Section 552a of title 5, United States Code 
(commonly known as the Privacy Act of 1974). 
(2) The Right to Financial Privacy Act of 1978 
(12 U.S.C. 3401 et seq.). 
(3) The Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.). 
(4) The Fair Debt Collection Practices Act (15 
U.S.C. 1692 et seq.). 
(5) The Children’s Online Privacy Protection 
Act of 1998 (15 U.S.C. 6501 et seq.). 
(6) Title V of the Gramm-Leach-Bliley Act of 
1999 (15 U.S.C. 6801 et seq.). 
(7) The Electronic Communications Privacy Act 
of 1986 (Public Law 99–508). 
(8) The Driver’s Privacy Protection Act of 
1994 (18 U.S.C. 2721 et seq.). 
(9) The Family Educational Rights and Privacy 
Act of 1974 (20 U.S.C. 1221 note, 1232g). 
(10) Section 445 of the General Education Pro-
visions Act (20 U.S.C. 1232h). 
(11) The Privacy Protection Act of 1980 (42 
U.S.C. 2000aa et seq.). 
(12) Section 222 of the Communications Act of 
1934 (47 U.S.C. 222) relating to the Customer Pro-
prietary Network Information.