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 violates sections 17301 or 17302 may face a civil penalty of up to $1,000,000, in addition to other Federal Trade Commission Act penalties. Continuing violations count separately for each day, and the court considers seriousness and efforts to fix the harm.
(a) Civil penalty. In addition to any penalty under the Federal Trade Commission Act, a supplier violating section 17301 or 17302 may be ordered to pay a civil penalty of no more than $1,000,000. (b) Method. The penalty is obtained in the same way as a civil penalty under section 5 of the Federal Trade Commission Act. (c) Multiple offenses and mitigating factors. When setting the penalty, (1) each day of a continuing violation is a separate violation, and (2) the court must consider, among other factors, (A) how serious the violation was and (B) how promptly the violator tried to remedy 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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