; (ii) enforce compliance with this subtitle; or (iii) impose a civil penalty in an amount not greater than the product of the number of violations of this subtitle and $16,500. (B) Failure to provide notification For purposes of subparagraph (A)(iii), each failure to provide notification to an individual as required under this subtitle shall be treated as a separate violation. (2) Penalty limitation (A) In general Notwithstanding any other provision of law, the total sum of civil penalties assessed against a covered entity for all violations of the provisions of this subtitle resulting from the same or related acts or omissions may not exceed $5,000,000, unless such conduct is found to be willful or intentional. (B) Determinations The determination of whether a violation of a provision of this subtitle has occurred, and if so, the amount of the penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. The determination of whether a violation of a provision of this subtitle was willful or intentional, and if so, the amount of the additional penalty to be imposed, if any, shall be made by the court sitting as the finder of fact. (C) Additional penalty limit If a court determines under subparagraph (B) that a violation of a provision of this subtitle was willful or intentional and imposes an additional penalty, the court may not impose an additional penalty in an amount that exceeds $5,000,000. (3) Notice (A) In general Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Attorney General of the United States and the Federal Trade Commission— (i) written notice of the action