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(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this section shall be subject 
to the penalties and entitled to the privileges 
and immunities provided in the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). 
(e) ENFORCEMENT BY STATES.— 
(1) AUTHORIZATION.—Subject to paragraph 
(2), in any case in which the attorney general of a 
State has reason to believe that an interest of the 
residents of the State has been or is threatened or 
adversely affected by the engagement of any person 
subject to subsection (c) in a practice that violates 
such subsection, the attorney general of the State 
may, as parens patriae, bring a civil action on behalf 
of the residents of the State in an appropriate dis-
trict court of the United States to obtain appro-
priate relief. 
(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Commission in writ-
ing that the attorney general intends to 
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bring a civil action under paragraph (1) 
before initiating the civil action against a 
person described in subsection (d)(1). 
(ii) CONTENTS.—The notification re-
quired by clause (i) with respect to a civil 
action shall include a copy of the complaint 
to be filed to initiate the civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION
BY
FEDERAL
TRADE 
COMMISSION.—The Commission may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1) against a person de-
scribed in subsection (d)(1); and 
(ii) upon intervening— 
(I) be heard on all matters aris-
ing in the civil action; and 
(II) file petitions for appeal of a 
decision in the civil action. 
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(3) INVESTIGATORY POWERS.—Nothing in this 
subsection may be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the 
State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(4) PREEMPTIVE ACTION BY FEDERAL TRADE 
COMMISSION.—If the Federal Trade Commission in-
stitutes a civil action or an administrative action 
with respect to a violation of subsection (c), the at-
torney general of a State may not, during the pend-
ency of such action, bring a civil action under para-
graph (1) against any defendant named in the com-
plaint of the Commission for the violation with re-
spect to which the Commission instituted such ac-
tion. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
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(ii) another court of competent juris-
diction. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
(i) is an inhabitant; or 
(ii) may be found. 
(6) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to civil ac-
tions brought by attorneys general under para-
graph (1), any other consumer protection offi-
cer of a State who is authorized by the State 
to do so may bring a civil action under para-
graph (1), subject to the same requirements 
and limitations that apply under this subsection 
to civil actions brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
(f) EDUCATION AND OUTREACH FOR BUSINESSES.— 
Not later than 60 days after the date of the enactment 
of this Act, the Commission shall commence conducting 
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education and outreach that provides businesses with non- 
binding best practices for compliance with this Act. 
(g) RELATION
TO STATE CAUSES
OF ACTION.— 
Nothing in this section shall be construed to affect any 
cause of action brought by a person that exists or may 
exist under State law. 
(h) SAVINGS PROVISION.—Nothing in this section 
shall be construed to limit, impair, or supersede the oper-
ation of the Federal Trade Commission Act or any other 
provision of Federal law. 
(i) EFFECTIVE DATES.—This section shall take ef-
fect on the date of the enactment of this Act, except 
that— 
(1) subsections (b) and (c) shall apply with re-
spect to contracts in effect on or after the date that 
is 90 days after the date of the enactment of this 
Act; and 
(2) subsections (d) and (e) shall apply with re-
spect to contracts in effect on or after the date that 
is 1 year after the date of the enactment of this Act. 
Passed the House of Representatives September 12, 
2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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