(c) CONSTRUCTION.—For purposes of bringing any 
civil action under subsection (a), nothing in this subtitle 
shall be construed to prevent an attorney general of a 
State from exercising the powers conferred on the attorney 
general by the laws of that State to—
(1) conduct investigations; 
(2) administer oaths or affirmations; or 
(3) compel the attendance of witnesses or the 
production of documentary and other evidence. 
(d) ACTIONS BY THE COMMISSION.—In any case in 
which an action is instituted by or on behalf of the Com-
mission for violation of section 2 of this Act, no State may, 
during the pendency of that action, institute an action 
under subsection (a) against any defendant named in the 
complaint in that action for violation of that section. 
(e) VENUE; SERVICE OF PROCESS.—
(1) VENUE.—Any action brought under sub-
section (a) may be brought in the district court of 
the United States that meets applicable require-
ments relating to venue under section 1391 of title 
28, United States Code. 
(2) SERVICE
OF
PROCESS.—In an action 
brought under subsection (a), process may be served 
in any district in which the defendant—
(A) is an inhabitant; or
(B) may be found. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) CHILD.—The term ‘‘child’’ means an indi-
vidual under the age of 16. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) EXPRESS CONSENT.—
(A) IN GENERAL.—The term ‘‘express con-
sent’’ means an affirmative indication of per-
mission in writing or electronic form. The term 
‘‘express consent’’ does not include consent in-
ferred from a failure to indicate affirmatively 
that consent is denied or withheld. 
(B) PREREQUISITES.—Express consent is 
not valid unless—
(i) before granting the consent the in-
dividual granting the consent was informed 
of the purpose for which the information 
would be sold, purchased, or used; and 
(ii) consent was not granted as a con-
dition for making a product, service, or 
warranty available to the individual or the 
child to which the information pertains.
(4) 
MARKETING.—The 
term 
‘‘marketing’’ 
means making a communication to encourage the 
purchase or use of a commercial product or service. 
For purposes of this paragraph, a product or service 
shall be considered to be commercial if some or all 
of the proceeds from the sale inure to the benefit of 
an enterprise conducted for profit. 
(5) PARENT.—The term ‘‘parent’’ includes a 
legal guardian. 
(6) PERSONAL INFORMATION.—The term ‘‘per-
sonal information’’ means identifiable information 
about an individual, including—
(A) a name; 
(B) a home or other physical address in-
cluding street name and name of a city or town; 
(C) an e-mail address or online username; 
(D) a telephone number; 
(E) a Social Security number; or 
(F) any other information that permits a 
specific individual to be identified. 
(7) PURCHASE; SELL; SALE.—In section 3, the 
terms ‘‘purchase’’, ‘‘sell’’, and ‘‘sale’’ include the 
purchase and sale of the right to use personal infor-
mation, without regard to whether—
(A) the right is limited or unlimited;
(B) the transaction is characterized as a 
purchase, sale, lease, or otherwise; and 
(C) the consideration for the transaction is 
monetary, goods, or services. 
SEC. 7. EFFECTIVE DATE. 
This Act shall take effect 6 months after the date 
of enactment.
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