; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (e) Preemptive action by Commission If the Commission institutes an action with respect to a violation of this Act or a regulation promulgated under this Act, a State may not, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in the action instituted by the Commission based on the same set of facts giving rise to the violation with respect to which the Commission instituted the action. 17. Private right of action (a) Right of action (1) In general Any individual alleging a violation of this Act or a regulation promulgated under this Act may bring a civil action in any court of competent jurisdiction. (2) Injury in fact A violation of this Act or a regulation promulgated under this Act with respect to the personal information of an individual constitutes an injury in fact to that individual. (b) Relief In a civil action brought under subsection (a) in which the plaintiff prevails, the court may award— (1) actual damages; (2) punitive damages; (3) reasonable attorney’s fees and costs