; or (B) give the covered entity consent to not be bound by the consumer’s opt-out status, unless the consumer is also given an option to pay a fee to use a substantially similar service that is not conditioned upon a requirement that the consumer give the covered entity consent to not be bound by the consumer’s opt-out status. (2) Fee (A) Disclosure Each covered entity shall disclose to a consumer the amount of the fee described in paragraph (1)(B), including the amount that the covered entity— (i) would have charged the consumer if the consumer had not opted out; and (ii) the amount that the covered entity is charging to recoup the cost of providing service to low-income consumers. (B) Amount Except as provided in subparagraph (C), the fee described in paragraph (1)(B) shall not be greater than the amount of monetary gain the covered entity would have earned had the average consumer not opted out. (C) Exception No covered entity may charge a fee to any consumer that meets the requirements described in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or successor regulation). (D) Rulemaking The Commission may promulgate regulations to facilitate and ensure that covered entities are complying with subparagraph (C). (c) Enforcement by the commission A violation of subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). 7. Data protection authority (a) Acts prohibited It is unlawful for any covered entity to— (1) violate a regulation promulgated under subsection (b)