47-18-125 - Protection of elder persons Cumulative, additional and supplemental penalties. - Tennessee Statutes

47-18-125. Protection of elder persons Cumulative, additional and supplemental penalties.

(a)  Any person who knowingly uses, or has knowingly used, a method, act or practice which targets elderly persons and is in violation of the Tennessee Consumer Protection Act, compiled in part 1 of this chapter, is liable to the state of Tennessee for a civil penalty of not more than ten thousand ($10,000) dollars for each violation. Each violation may include but is not limited to, each elder person solicited, each advertisement that was distributed, each misrepresentation or deceptive statement that appeared on a solicitation, each time that an advertisement appeared on television or on radio, each contact, i.e., telephone call, direct mail solicitation or in person solicitation with an elder person to promote or solicit using unfair, misleading or deceptive acts or practices.

(b)  In addition, when determining the amount of the civil penalty to be imposed pursuant to this part, the court may consider:

     (1)  The good or bad faith of the violator as it relates to the violations;

     (2)  The injury to the public;

     (3)  The violator's ability to pay;

     (4)  The public's interest in eliminating the benefits derived by the violator from the violations; and

     (5)  The necessity of vindicating the authority of the state and the strong need to defer future violations.

(c)  The civil penalties recoverable by the state of Tennessee under this part are supplemental and cumulative to any other available civil penalties and relief available under other laws, regulations and rules, including, but not limited to, those available pursuant to § 47-18-108.

(d)  As used in this section, unless the context otherwise requires:

     (1)  “Elder person” means any person who is sixty (60) years of age or older. The elder person need not be a citizen of Tennessee if the company or individual is operating from Tennessee or the court otherwise has jurisdiction over the company or individual for engaging in an unfair, misleading or deceptive act or practice from Tennessee.

     (2)  “Tennessee Consumer Protection Act” means the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter and related statutes. Related statutes specifically include any statute that indicates within the law, regulation or rule that a violation of that law, regulation or rule is a violation of the Tennessee Consumer Protection Act of 1977. Without limiting the scope of this definition, related statutes include, but are not limited to, the Prize and Promotion Act, § 47-18-120; Health Club Act, compiled in part 3 of this chapter; Buyer's Clubs Act, compiled in part 5 of this chapter; Home Solicitations Sales Act of 1974, compiled in part 7 of this chapter; Tennessee Credit Services Businesses Act, compiled in part 10 of this chapter; Consumer Telemarketing Protection Act of 1990, compiled in part 15 of this chapter; Unsolicited Telefacsimile Advertising Act, compiled in part 16 of this chapter; Tennessee Employment Agency Act, compiled in part 17 of this chapter; and Membership Camping Act, compiled in title 66, chapter 32, part 3.

[Acts 1999, ch. 200, § 1.]