; and (ii) award the plaintiff reasonable attorney's fees and costs. (C) Private right of action not waivable Notwithstanding chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act ), or any other provision of law, a person may not waive the right to bring an action under this paragraph except as part of a settlement or resolution of a claim, class action, or enforcement action for an alleged violation of subsection (b) of this section. (3) Enforcement by States (A) In general The chief legal officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce subsection (b) or to impose the civil penalties for violation of subsection (b), whenever the chief legal officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of subsection (b). (B) Notice The chief legal officer or other State officer shall serve written notice on the Commission of any civil action under subparagraph (A) prior to initiating the civil action. The notice shall include a copy of the complaint to be filed to initiate the civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide the notice immediately upon instituting the civil action. (C) Authority to intervene Upon receiving the notice required under subparagraph (B), the Commission may— (i) intervene in the action; (ii) upon so intervening, be heard on all matters arising therein