(a)Except as otherwise provided by subsection (b) and § 55-31-301 , it is an offense for a commercial parking lot owner to boot or tow a motor vehicle located on the lot owner's lot if the motor vehicle is not an abandoned, immobile, or unattended motor vehicle.
(b)Notwithstanding subsection (a), it is not an offense for a licensed parking lot, or a licensed parking attendant on the licensed parking lot's behalf, to boot or tow motor vehicles located on the licensed parking lot if the licensed parking lot is located within the jurisdiction of a local government that has passed an ordinance pursuant to § 55-31-203 and the licensed parking lot or licensed parking attendant boots or tows a motor vehicle in compliance with the ordinance.
(c)(1) A violation of this section constitutes a viol
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(a) Except as otherwise provided by subsection (b) and § 55-31-301 , it is an offense for a commercial parking lot owner to boot or tow a motor vehicle located on the lot owner's lot if the motor vehicle is not an abandoned, immobile, or unattended motor vehicle. (b) Notwithstanding subsection (a), it is not an offense for a licensed parking lot, or a licensed parking attendant on the licensed parking lot's behalf, to boot or tow motor vehicles located on the licensed parking lot if the licensed parking lot is located within the jurisdiction of a local government that has passed an ordinance pursuant to § 55-31-203 and the licensed parking lot or licensed parking attendant boots or tows a motor vehicle in compliance with the ordinance. (c) (1) A violation of this section constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. (2) A violation of this section constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to any penalties and remedies established under this part. (3) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of this part. If the attorney general and reporter reasonably believes that a person has violated this part, then the attorney general and reporter may institute a proceeding under this section. (4) Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this part. (d) In addition to the remedy provided in subsection (c), a person injured as a result of a violation of this section is entitled to maintain a private right of action for injunctive relief and to recover actual damages, compensatory damages, punitive damages, and reasonable attorney fees against an alleged violator.