§ 55-17-117 — Violations - Civil and criminal penalties - Injunctions

(a) In addition to the remedies provided in this part, any person violating this part or any rule promulgated under this part, or any order issued by the commission, is subject to a civil penalty of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each day of violation or for each act of violation, as the commission or the court may deem proper. All civil penalties shall be paid into the general fund of the state. (b) Whenever it appears that any person has violated, is violating or is about to violate this part, or any rule promulgated under this part, or any order issued by the commission, the commission, through the attorney general and reporter, may cause a civil suit to be instituted in a court of competent jurisdiction for injunctive relief to restrain the person from continuing the violation or threat of violation or for the assessment and recovery of the civil penalty provided in this section or for both. (c) A suit for injunctive relief or for recovery of a civil penalty or for both may be brought either in the county where the defendant resides or conducts business or in the county where the violation or threat of violation occurs. (d) In any suit filed by the commission, the court may grant the commission, without bond or other undertaking, any prohibitory or mandatory injunction the facts may warrant, including temporary restraining orders, preliminary injunctions and permanent injunctions. (e) Any person willfully, knowingly and persistently violating this part commits a Class C misdemeanor.

Legislative History

Acts 1955, ch. 79, § 7; 1977, ch. 162, § 27; T.C.A., § 59-1718; Acts 1989, ch. 591, § 113; 2005, ch. 345, § 2.