Children’s Online Privacy and Protection Act

Children’s Online Privacy and Protection Act

15 U.S.C. §6502

Regulation of unfair and deceptive acts and practices in connection with the collection and use of personal information from and about children on the Internet.

[highlight background=”#fcf734″ color=”#000000″](d) Inconsistent State law. No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this title that is inconsistent with the treatment of those activities or actions under this section.[/highlight]


15 U.S.C. §6504

Actions by States

(a) In general.

(1) Civil actions. In any case in which the attorney general 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 the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 1303(b) [15 USCS § 6502(b)], 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 to—

(A) enjoin that practice;

(B) enforce compliance with the regulation;

(C) obtain damage, restitution, or other compensation on behalf of residents of the State; or

(D) obtain such other relief as the court may consider to be appropriate.

(2) Notice. …

(b) Intervention. …

(c) Construction. For purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—

(1) conduct investigations;

(2) administer oaths or affirmations; or

(3) compel the attendance of witnesses or the production of documentary and other evidence.

(d) [highlight background=”#fcf734″ color=”#000000″]Actions by the Commission. In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under section 1303, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation.[/highlight]

(e) Venue; service of process. …


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