a higher penalty if the terms and conditions applicable to such service include a requirement that any disputes be resolved by binding arbitration (or a requirement that consumers take action to opt out of binding arbitration) than if such terms and conditions did not include any such requirement. 3. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of a rule prescribed under section 2(a) shall be treated as a violation of a rule prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (b) Powers of Commission The Commission shall enforce the rules prescribed under section 2(a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such a rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. 4. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Covered entity The term covered entity means any person, partnership, or corporation— (A) over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) )