(1) UNFAIR
OR
DECEPTIVE
ACTS
OR 
PRACTICES.—A violation of section 2 or 3 
shall be treated as an unfair and decep-
tive act or practice in violation of a regu-
lation under section 18(a)(1)(B) of the 
Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. 
(2) POWERS OF COMMISSION.—The Com-
mission shall enforce this Act in the same 
manner, by the same means, and with the 
same jurisdiction, powers, and duties as 
though all applicable terms and provi-
sions of the Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this Act. 
Any person who violates such regulations 
shall be subject to the penalties and enti-
tled to the privileges and immunities pro-
vided in that Act. 
(3) 
LIMITATION.—In 
promulgating 
rules under this Act, the Commission 
shall not require the deployment or use 
of any specific products or technologies, 
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including any specific computer software 
or hardware. 
(b) ENFORCEMENT
BY
STATE
ATTORNEYS 
GENERAL.— 
(1) CIVIL
ACTION.—In any case in 
which the attorney general of a State, or 
an official or agency of a State, has rea-
son to believe that an interest of the resi-
dents of that State has been or is threat-
ened or adversely affected by any person 
who violates section 2 or 3 of this Act, the 
attorney general, official, or agency of 
the State, as parens patriae, may bring a 
civil action on behalf of the residents of 
the State in a district court of the United 
States of appropriate jurisdiction— 
(A) to enjoin further violation of 
such section by the defendant; 
(B) to compel compliance with 
such section; or 
(C) to obtain civil penalties in the 
amount determined under paragraph 
(2). 
(2) CIVIL PENALTIES.— 
(A) CALCULATION.— 
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(i) TREATMENT
OF
VIOLATIONS 
OF
SECTION
2.—For purposes of 
paragraph (1)(C) with regard to a 
violation of section 2, the amount 
determined under this paragraph 
is the amount calculated by multi-
plying the number of violations of 
such section by an amount not 
greater than $11,000. Each day 
that a person is not in compliance 
with the requirements of such 
section shall be treated as a sepa-
rate violation. The maximum civil 
penalty 
calculated 
under 
this 
clause shall not exceed $5,000,000. 
(ii) TREATMENT OF VIOLATIONS 
OF
SECTION
3.—For purposes of 
paragraph (1)(C) with regard to a 
violation of section 3, the amount 
determined under this paragraph 
is the amount calculated by multi-
plying the number of violations of 
such section by an amount not 
greater than $11,000. Each failure 
to send notification as required 
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under section 3 to a resident of 
the State shall be treated as a 
separate violation. The maximum 
civil 
penalty 
calculated 
under 
this 
clause 
shall 
not 
exceed 
$5,000,000. 
(B) ADJUSTMENT FOR INFLATION.— 
Beginning on the date that the Con-
sumer Price Index is first published 
by the Bureau of Labor Statistics that 
is after 1 year after the date of enact-
ment of this Act, and each year there-
after, 
the 
amounts 
specified 
in 
clauses (i) and (ii) of subparagraph 
(A) shall be increased by the percent-
age increase in the Consumer Price 
Index published on that date from the 
Consumer Price Index published the 
previous year. 
(3) INTERVENTION BY THE FTC.— 
(A) NOTICE
AND
INTERVENTION.— 
The State shall provide prior written 
notice of any action under paragraph 
(1) to the Commission and provide 
the Commission with a copy of its 
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