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42 USC § 17304 - Penalties

---
identifier: "/us/usc/t42/s17304"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 17304 - Penalties"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "17304"
section_name: "Penalties"
chapter_number: 152
chapter_name: "ENERGY INDEPENDENCE AND SECURITY"
subchapter_number: "VII"
subchapter_name: "IMPROVED MANAGEMENT OF ENERGY POLICY"
part_number: "B"
part_name: "Prohibitions on Market Manipulation and False Information"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 110–140, title VIII, § 814, Dec. 19, 2007, 121 Stat. 1724.)"
---

# § 17304. Penalties

**(a)** **Civil penalty** 15 U.S.C. 41

In addition to any penalty applicable under the Federal Trade Commission Act ( 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** 15 U.S.C. 45

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 ().

**(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.)

## Editorial Notes

### References in Text

The Federal Trade Commission Act, referred to in subsec. (a), is , , which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see  and Tables.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the date that is 1 day after , see , set out as a note under , The Congress.