Chapter 5: Federal and State Regulators and Enforcement of Privacy Law
Types of Litigation and Enforcement
Three main categories of legal action: civil litigation (private plaintiff seeks damages or an injunction), criminal prosecution (government, can mean imprisonment - DOJ at federal level), and administrative enforcement (agencies acting under the APA, often before an ALJ).
| Type | Who brings it | Typical outcome |
|---|---|---|
| Civil litigation | Private plaintiff (sometimes under a private right of action) | Money damages or injunction |
| Criminal prosecution | Government - federally the DOJ; states use AGs and district attorneys | Imprisonment and criminal fines |
| Administrative enforcement action | An agency such as the FTC, under the APA | Agency adjudication before an ALJ, appealable to federal court |
Private right of action in practice
The Fair Credit Reporting Act (FCRA) has a private right of action, so an individual can sue a company directly if their consumer report was used inappropriately - no agency referral needed.
Key terms - quick answers
What is “Civil litigation”?
A court action where a plaintiff sues a defendant to redress a wrong, typically seeking money damages or an injunction.
What is “Private right of action”?
A statutory provision letting an individual sue directly for a violation of that law, as the FCRA permits.
What is “Injunction”?
A court order requiring a defendant to stop engaging in certain conduct.
What is “Criminal prosecution”?
Government action for violations of criminal law that can lead to imprisonment and criminal fines; prosecuted federally by the DOJ.