Tennessee § 47-18-3313 [Effective 7/1/2025] Enforcement - Civil penalty - Expenses

Tennessee Statutes

§ 47-18-3313 — [Effective 7/1/2025] Enforcement - Civil penalty - Expenses

Tennessee § 47-18-3313

Title47

This text of Tennessee § 47-18-3313 ([Effective 7/1/2025] Enforcement - Civil penalty - Expenses) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 47-18-3313 (2026).

Text

(a)The attorney general and reporter has exclusive authority to enforce this part.

(b)The attorney general and reporter may develop reasonable cause to believe that a controller or processor is in violation of this part, based on the attorney general and reporter's own inquiry or on consumer or public complaints. Prior to initiating an action under this part, the attorney general and reporter shall provide a controller or processor sixty-days' written notice identifying the specific provisions of this part the attorney general and reporter alleges have been or are being violated. If within the sixty-day period, the controller or processor cures the noticed violation and provides the attorney general and reporter an express written statement that the alleged violations have been cured and

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(a) The attorney general and reporter has exclusive authority to enforce this part. (b) The attorney general and reporter may develop reasonable cause to believe that a controller or processor is in violation of this part, based on the attorney general and reporter's own inquiry or on consumer or public complaints. Prior to initiating an action under this part, the attorney general and reporter shall provide a controller or processor sixty-days' written notice identifying the specific provisions of this part the attorney general and reporter alleges have been or are being violated. If within the sixty-day period, the controller or processor cures the noticed violation and provides the attorney general and reporter an express written statement that the alleged violations have been cured and that no such further violations shall occur, then the attorney general and reporter shall not initiate an action against the controller or processor. (c) If a controller or processor continues to violate this part following the cure period in subsection (b) or breaches an express written statement provided to the attorney general and reporter under subsection (b), then the attorney general and reporter may bring an action in a court of competent jurisdiction seeking any of the following relief: (1) Declaratory judgment that the act or practice violates this chapter; (2) Injunctive relief, including preliminary and permanent injunctions, to prevent an additional violation of and compel compliance with this part; (3) Civil penalties, as described in subsection (d); (4) Reasonable attorney's fees and investigative costs; or (5) Other relief the court determines appropriate. (d) (1) A court may impose a civil penalty of up to seven thousand five hundred dollars ($7,500) for each violation of this part. (2) If the court finds the controller or processor willfully or knowingly violated this part, then the court may, in its discretion, award treble damages. (e) A violation of this part shall not serve as the basis for, or be subject to, a private right of action, including a class action lawsuit, under this part or other law. (f) The attorney general and reporter may recover reasonable expenses incurred in investigating and preparing a case, including attorney fees, in an action initiated under this part.