; and (ii) the person, partnership, or corporation is complying with regulations promulgated under subparagraphs (A) and (B) of section 7(b)(1), regardless of whether the person, partnership, or corporation is a covered entity; or (C) a person, partnership, or corporation for whom the consumer gave opt-in consent for the covered entity to disclose the personal information of the consumer. (16) Use The term use means the actions of a person, partnership, or corporation in using information, including actions to use, process, or access information. 3. Noneconomic injury The first sentence of section 5(n) of the Federal Trade Commission Act ( 15 U.S.C. 45(n) ) is amended by inserting , including those involving noneconomic impacts and those creating a significant risk of unjustified exposure of personal information, after cause substantial injury . 4. Civil penalty authority Section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) is amended— (1) in subsection (b)— (A) in the fifth sentence, by inserting , and it may, in its discretion depending on the nature and severity of the violation, include in the cease and desist order an assessment of a civil penalty, which shall be not more than an amount that is the greater of $50,000 per violation, taken as an aggregate sum of all violations, and 4 percent of the total annual gross revenue of the person, partnership, or corporation for the prior fiscal year before the period at the end; (2) in subsection (l)— (A) in the first sentence, by striking of not more than $10,000 for each violation and inserting , which shall be not more than an amount that is the greater of $50,000 per violation, taken as an aggregate sum of all violations, and 4 percent of the total annual gross revenue of the person, partnership, or corporation for the prior fiscal year