money transmitting service, from or on behalf of a 
consumer; 
‘‘(3) any check, draft, or similar instrument 
which is drawn by or on behalf of a consumer and 
is drawn on or payable at or through any financial 
institution; or 
‘‘(4) the proceeds of any other form of financial 
transaction, as the Secretary may prescribe by regu-
lation, which involves a financial institution as a 
payor or financial intermediary on behalf of or for 
the benefit of a consumer. 
‘‘§ 5375. Limitations on liability relating to identity 
and age verification 
‘‘An authorized money receiving business, in the 
course of verifying the identity and age of consumers as 
described in section 5372, shall not be held liable by any 
party for any errors made by an authorized Internet pay-
ment processing business in the course of settling pay-
ments made by a consumer to a seller of any Internet- 
distributed product or service harmful to minors. 
‘‘§ 5376. Civil remedies 
‘‘(a) JURISDICTION.—The district courts of the 
United States shall have original and exclusive jurisdiction 
to prevent and restrain violations of this subchapter or 
the rules or regulations issued under this subchapter by 
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issuing appropriate orders in accordance with this section, 
regardless of whether a prosecution has been initiated 
under this subchapter. 
‘‘(b) PROCEEDINGS.— 
‘‘(1) 
INSTITUTION
BY
FEDERAL
GOVERN-
MENT.— 
‘‘(A) IN
GENERAL.—The United States, 
acting through the Attorney General of the 
United States, or, in the case of rules or regula-
tions issued under this subchapter, through an 
agency authorized to enforce such regulations 
in accordance with this subchapter, may insti-
tute proceedings under this section to prevent 
or restrain a violation or a threatened violation 
of this subchapter or such rules or regulations. 
‘‘(B) RELIEF.—Upon application of the 
United States under this paragraph, the district 
court may enter a preliminary injunction or an 
injunction against any person to prevent or re-
strain a violation or threatened violation of this 
subchapter or the rules or regulations issued 
under this subchapter, in accordance with rule 
65 of the Federal Rules of Civil Procedure. 
‘‘(2) INSTITUTION BY STATE ATTORNEY GEN-
ERAL.— 
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‘‘(A) IN GENERAL.—The attorney general 
(or other appropriate State official) of a State 
in which a violation of this subchapter allegedly 
has occurred or will occur may institute pro-
ceedings under this section to prevent or re-
strain the violation or threatened violation. 
‘‘(B) RELIEF.—Upon application of the at-
torney general (or other appropriate State offi-
cial) of an affected State under this paragraph, 
the district court may enter a preliminary in-
junction or an injunction against any person to 
prevent or restrain a violation or threatened 
violation of this subchapter, in accordance with 
rule 65 of the Federal Rules of Civil Procedure. 
‘‘(c) EXPEDITED PROCEEDINGS.—In addition to any 
proceeding under subsection (b), a district court may, in 
exigent circumstances, enter a temporary restraining 
order against a person alleged to be in violation of this 
subchapter or the rules or regulations issued under this 
subchapter, upon application of the United States under 
subsection (b)(1), or the attorney general (or other appro-
priate State official) of an affected State under subsection 
(b)(2), in accordance with rule 65(b) of the Federal Rules 
of Civil Procedure. 
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‘‘(d) FACTORS
TO BE CONSIDERED
IN CERTAIN 
CASES
FOR INTERNET PAYMENT PROCESSING BUSI-
NESSES.—In considering granting relief under this section 
against any Internet payment processing business, or any 
participant in a Internet payment processing business that 
is not in compliance with the regulations issued under this 
subchapter, the court shall consider— 
‘‘(1) the extent to which the person partici-
pating in the Internet payment processing business 
knew or should have known that the transaction was 
in connection with an Internet-distributed product or 
service harmful to minors; 
‘‘(2) the history of such person participating in 
the Internet payment processing business when such 
person knew or should have known that the trans-
action is in connection with an Internet-distributed 
product or service harmful to minors; 
‘‘(3) the extent to which such person has estab-
lished and is maintaining policies and procedures in 
compliance with rules and regulations issued under 
this subchapter; 
‘‘(4) the extent to which it is feasible for any 
specific remedy prescribed as part of such relief to 
be implemented by such person without substantial 
deviation from normal business practice; and 
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‘‘(5) the costs and burdens that the specific 
remedy will have on such person. 
‘‘(e) FACTORS
TO BE CONSIDERED
IN CERTAIN 
CASES FOR INTERNET PAYMENT PROCESSING BUSINESS 
FINANCIAL INSTITUTIONS.—In considering granting relief 
under this section against any Internet payment proc-
essing business financial institution, or any participant in 
an Internet payment processing business financial institu-
tion that is not in compliance with the regulations issued 
under this subchapter, the court shall consider— 
‘‘(1) the extent to which the person partici-
pating in the Internet payment processing business 
financial institution knew or should have known that 
the Internet payment processing business was set-
tling payments for Internet-distributed products or 
services that are harmful to minors and was not in 
compliance with the regulations issued under this 
subchapter; 
‘‘(2) the history of such person participating in 
the Internet payment processing business financial 
institution when such person knew or should have 
known that the Internet payment processing busi-
ness was settling payments for Internet-distributed 
products or services that are harmful to minors and 
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was not in compliance with the regulations issued 
under this subchapter; 
‘‘(3) the extent to which such person has estab-
lished and is maintaining policies and procedures in 
compliance with rules and regulations issued under 
this subchapter; 
‘‘(4) the extent to which it is feasible for any 
specific remedy prescribed as part of such relief to 
be implemented by such person without substantial 
deviation from normal business practice; and 
‘‘(5) the costs and burdens that the specific 
remedy will have on such person. 
‘‘(f) NOTICE TO REGULATORS AND FINANCIAL INSTI-
TUTIONS.—Before initiating any proceeding under sub-
section (b), with respect to a violation or potential viola-
tion of this subchapter or the rules or regulations issued 
under this subchapter by any Internet payment processing 
business or Internet payment processing business financial 
institution, the Attorney General of the United States, an 
attorney general (or other appropriate State official) of 
a State, or an agency authorized to initiate such pro-
ceeding under this subchapter, shall— 
‘‘(1) notify such business or financial institu-
tion, and the appropriate regulatory agency (as de-
termined in accordance with section 5373(h) for 
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