‘‘(ii) member banks of the Federal Re-
serve System (other than national banks),
branches and agencies of foreign banks
(other than Federal branches, Federal agen-
cies, and insured State branches of foreign
banks), 
commercial 
lending 
companies
owned or controlled by foreign banks, and
organizations operating under section 25 or
25A of the Federal Reserve Act, by the
Board;
‘‘(iii) banks insured by the Federal De-
posit Insurance Corporation (other than
members of the Federal Reserve System and
national nonmember banks) and insured
State branches of foreign banks, by the
Board of Directors of the Federal Deposit
Insurance Corporation; and
‘‘(iv) savings associations the deposits
of which are insured by the Federal Deposit
Insurance Corporation, by the Director of
the Office of Thrift Supervision; and
‘‘(B) the Federal Credit Union Act, by the
Administrator of the National Credit Union Ad-
ministration with respect to any Federal credit
union.
‘‘(2) VIOLATIONS OF THIS TITLE TREATED AS
VIOLATIONS OF OTHER LAWS.—For the purpose of the
exercise by any agency referred to in paragraph (1)
of its powers under any Act referred to in that para-
graph, a violation of this title shall be deemed to be
a violation of a requirement imposed under that Act.
In addition to its powers under any provision of law
specifically referred to in paragraph (1), each of the
agencies referred to in that paragraph may exercise,
for the purpose of enforcing compliance with this title,
any other authority conferred on such agency by law.
‘‘(c) STATE ACTION FOR VIOLATIONS.—
‘‘(1) AUTHORITY
OF
STATES.—In addition to
such other remedies as are provided under State law,
if the chief law enforcement officer of a State, or an
official or agency designated by a State, has reason
to believe that any person has violated or is violating
this title, the State—
‘‘(A) may bring an action to enjoin such
violation in any appropriate United States dis-
trict court or in any other court of competent ju-
risdiction;
‘‘(B) may bring an action on behalf of the
residents of the State to recover damages of not
more than $1,000 for each violation; and
‘‘(C) in the case of any successful action
under subparagraph (A) or (B), shall be award-
ed the costs of the action and reasonable attorney
fees as determined by the court.
‘‘(2) RIGHTS OF FEDERAL REGULATORS.—
‘‘(A) PRIOR NOTICE.—The State shall serve
prior written notice of any action under para-
graph (1) upon the Federal Trade Commission
and, in the case of an action which involves a
financial 
institution 
described 
in 
section
1004(b)(1), the agency referred to in such section
with respect to such institution and provide the
Federal Trade Commission and any such agency
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.
‘‘(B) RIGHT TO INTERVENE.—The Federal
Trade Commission or an agency described in
subsection (b) shall have the right—
‘‘(i) to intervene in an action under
paragraph (1);
‘‘(ii) upon so intervening, to be heard
on all matters arising therein;
‘‘(iii) to remove the action to the ap-
propriate United States district court; and
‘‘(iv) to file petitions for appeal.
‘‘(3) INVESTIGATORY POWERS.—For purposes of
bringing any action under this subsection, no provi-
sion of this subsection shall be construed as prevent-
ing the chief law enforcement officer, or an official or
agency designated by a State, from exercising the
powers conferred on the chief law enforcement officer
or such official by the laws of such State to conduct
investigations or to administer oaths or affirmations
or to compel the attendance of witnesses or the pro-
duction of documentary and other evidence.
‘‘(4) LIMITATION ON STATE ACTION WHILE FED-
ERAL ACTION PENDING.—If the Federal Trade Com-
mission or any agency described in subsection (b) has
instituted a civil action for a violation of this title,
no State may, during the pendency of such action,
bring an action under this section against any de-
fendant named in the complaint of the Federal Trade
Commission or such agency for any violation of this
title that is alleged in that complaint.
‘‘§ 1005. Civil liability
‘‘Any person, other than a financial institution, who
fails to comply with any provision of this title with respect
to any financial institution or any customer information
of a financial institution shall be liable to such financial
institution or the customer to whom such information re-
lates in an amount equal to the sum of the amounts deter-
mined under each of the following paragraphs:
‘‘(1) ACTUAL DAMAGES.—The greater of—
‘‘(A) the amount of any actual damage sus-
tained by the financial institution or customer
as a result of such failure; or
‘‘(B) any amount received by the person
who failed to comply with this title, including
an amount equal to the value of any nonmone-
tary consideration, as a result of the action
which constitutes such failure.
‘‘(2) ADDITIONAL
DAMAGES.—Such additional
amount as the court may allow.
‘‘(3) ATTORNEYS’ FEES.—In the case of any suc-
cessful action to enforce any liability under para-
graph (1) or (2), the costs of the action, together with
reasonable attorneys’ fees.
‘‘§ 1006. Criminal penalty
‘‘(a) IN GENERAL.—Whoever violates, or attempts to
violate, section 1003 shall be fined in accordance with title
18, United States Code, or imprisoned for not more than
5 years, or both.