(II) the lowest available price of 
such reservation as fulfilled had such 
reservation as fulfilled been made on 
the date of fulfillment. 
(3) An amount equal to 200 percent of the total 
rental price of the reservation of the consumer, ex-
cept that in no case may the amount exceed $500 
per day of the reservation. 
(b) REGULATIONS.—The Commission may promul-
gate, under section 553 of title 5, United States Code, 
regulations to implement this section. 
(c) ENFORCEMENT BY COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this section or a regulation 
promulgated under this section shall be treated as a 
violation of a regulation under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce this section and the regulations 
promulgated under this section in the same manner, 
by the same means, and with the same jurisdiction, 
powers, and duties as though all applicable terms 
and provisions of the Federal Trade Commission Act 
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(15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this Act. Any person who violates 
this section or a regulation promulgated under this 
section shall be subject to the penalties and entitled 
to the privileges and immunities provided in the 
Federal Trade Commission Act. 
(3) EFFECT ON OTHER LAWS.—Nothing in this 
Act may be construed to limit the authority of the 
Commission under any other provision of law. 
(d) ACTIONS BY STATES.— 
(1) IN GENERAL.—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 such State has been or is threatened or 
adversely affected by an act or practice in violation 
of this section or a regulation promulgated under 
this section, the State, as parens patriae, may bring 
a civil action on behalf of the residents of the State 
in an appropriate district court of the United States 
to— 
(A) enjoin such act or practice; 
(B) enforce compliance with such section 
or regulation; 
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(C) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State; or 
(D) obtain such other legal and equitable 
relief as the court may consider to be appro-
priate. 
(2) NOTICE.—Before filing an action under this 
subsection, the attorney general, official, or agency 
of the State involved shall provide to the Commis-
sion a written notice of such action and a copy of 
the complaint for such action. If the attorney gen-
eral, official, or agency determines that it is not fea-
sible to provide the notice described in this para-
graph before the filing of the action, the attorney 
general, official, or agency shall provide written no-
tice of the action and a copy of the complaint to the 
Commission immediately upon the filing of the ac-
tion. 
(3) AUTHORITY OF COMMISSION.— 
(A) IN
GENERAL.—On receiving notice 
under paragraph (2) of an action under this 
subsection, the Commission shall have the 
right— 
(i) to intervene in the action; 
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(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 or the Attorney General of the United 
States has instituted a civil action for violation 
of this section or a regulation promulgated 
under this section (referred to in this subpara-
graph as the ‘‘Federal action’’), no State attor-
ney general, official, or agency may bring an ac-
tion under this subsection during the pendency 
of the Federal action against any defendant 
named in the complaint in the Federal action 
for any violation of such section or regulation 
alleged in such complaint. 
(4) RULE OF CONSTRUCTION.—For purposes of 
bringing a civil action under this subsection, nothing 
in this Act shall be construed to prevent an attorney 
general, official, or agency of a State from exercising 
the powers conferred on the attorney general, offi-
cial, or agency by the laws of such State to conduct 
investigations, administer oaths and affirmations, or 
compel the attendance of witnesses or the production 
of documentary and other evidence. 
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(e) PRIVATE RIGHT OF ACTION.—A person injured 
by an act or practice in violation of this section or a regu-
lation promulgated under this section may bring in an ap-
propriate district court of the United States— 
(1) an action to enjoin the violation; 
(2) an action to recover damages for actual 
monetary loss from the violation, or to receive up to 
$1500 in damages for each such violation, whichever 
is greater; or 
(3) both such actions. 
(f) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) COVERED
RENTAL
VEHICLE.—The term 
‘‘covered rental vehicle’’ means a motor vehicle 
that— 
(A) has a gross vehicle weight rating of 
10,000 pounds or less; 
(B) is rented to a consumer for a term of 
less than 4 months; 
(C) is rented without a driver provided as 
part of the rental; and 
(D) is part of a motor vehicle fleet of 35 
or more motor vehicles that are used for rental 
purposes by a rental company. 
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(3) FAILS
TO
HONOR
A
RESERVATION.—The 
term ‘‘fails to honor a reservation’’ means, with re-
spect to a rental car company, that the company 
does not provide a consumer, who has a confirmed 
reservation for a covered rental vehicle (without re-
gard to whether the reservation was paid for in ad-
vance), a vehicle of the class reserved by the con-
sumer at the time for fulfillment associated with the 
reservation. 
(4) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ means a vehicle driven or drawn by mechanical 
power and manufactured primarily for use on public 
streets, roads, and highways, but does not include a 
vehicle operated only on a rail line. 
(5) RENTAL CAR COMPANY.—The term ‘‘rental 
car company’’ means a person who— 
(A) is engaged in the business of renting 
covered rental vehicles; and 
(B) uses for rental purposes a motor vehi-
cle fleet of 35 or more covered rental vehicles, 
on average, during the calendar year. 
Æ 
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