42 U.S.C. § 17304 — Penalties
submitted 19 years ago by Pub. L. 110-140 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 142 words · no verdicts yet
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.
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.
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).
In assessing the penalty provided by subsection (a)—
each day of a continuing violation shall be considered a separate violation; and
the court shall take into consideration, among other factors—
the seriousness of the violation; and
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.)
- 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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