ment or use of any specific products or technologies, 
including any specific computer software or hard-
ware. 
(b) ENFORCEMENT BY STATE ATTORNEYS GENERAL.— 
(1) CIVIL ACTION.—In any case in which the at-
torney general of a State, or an official or agency of 
a State, has reason to believe that an interest of the 
residents of that State has been or is threatened 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 sec-
tion 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.— 
(i) TREATMENT
OF
VIOLATIONS
OF 
SECTION
2.—For purposes of paragraph 
(1)(C) with regard to a violation of section 
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2, the amount determined under this para-
graph is the amount calculated by multi-
plying the number of violations of such sec-
tion 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 separate viola-
tion. 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 para-
graph is the amount calculated by multi-
plying the number of violations of such sec-
tion by an amount not greater than 
$11,000. Each failure to send notification 
as required under section 3 to a resident of 
the State shall be treated as a separate vio-
lation. The maximum civil penalty cal-
culated under this clause shall not exceed 
$5,000,000. 
(B) ADJUSTMENT FOR INFLATION.—Begin-
ning on the date that the Consumer Price Index 
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is first published by the Bureau of Labor Statis-
tics that is after 1 year after the date of enact-
ment of this Act, and each year thereafter, the 
amounts specified in clauses (i) and (ii) of sub-
paragraph (A) shall be increased by the percent-
age increase in the Consumer Price Index pub-
lished 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 com-
plaint, except in any case in which such prior 
notice is not feasible, in which case the State 
shall serve such notice immediately upon insti-
tuting such action. The Commission shall have 
the right— 
(i) to intervene in the action; 
(ii) upon so intervening, to be heard 
on all matters arising therein; and 
(iii) to file petitions for appeal. 
(B) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion has instituted a civil action for violation of 
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