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42 U.S.C. § 17304Penalties

submitted 19 years ago by Pub. L. 110-140 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 142 words · no verdicts yet

in plain englishAI-generated · not legal advice

A supplier that breaks section 17301 or 17302 can face a civil penalty of up to $1,000,000. This is in addition to any penalty under the Federal Trade Commission Act. Each day of a continuing violation counts as its own violation. Courts also weigh how serious the violation was and any effort to fix the harm.

(a) Civil penalty. Besides any penalty under the Federal Trade Commission Act, a supplier that violates section 17301 or 17302 can be fined up to $1,000,000 in civil penalties. (b) Method. The government collects this penalty the same way it collects civil penalties under section 5 of the Federal Trade Commission Act. (c) Multiple offenses; mitigating factors. When deciding the penalty amount, (1) each day a violation continues counts as its own separate violation. (2) The court also considers other factors, including (A) how serious the violation was, and (B) how hard the violator worked to fix the harm quickly.
the actual law source: uscode.house.gov ↗public domain
(a) Civil penalty

In addition to any penalty applicable under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), any supplier that violates section 17301 or 17302 of this title shall be punishable by a civil penalty of not more than $1,000,000.

(b) Method

The penalties provided by subsection (a) shall be obtained in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).

(c) Multiple offenses; mitigating factors

In assessing the penalty provided by subsection (a)—

(1)

each day of a continuing violation shall be considered a separate violation; and

(2)

the court shall take into consideration, among other factors—

(A)

the seriousness of the violation; and

(B)

the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner.

Source credit: (Pub. L. 110–140, title VIII, § 814, Dec. 19, 2007, 121 Stat. 1724.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-140 · 121 Stat. 1724

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-140 on 2007-12-19.

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