47-18-1008 - Damages, private actions. - Tennessee Statutes

47-18-1008. Damages, private actions.

(a)  In any private action, any credit services business, which willfully fails to comply with any requirement imposed under this part with respect to any consumer, is liable to the consumer in an amount equal to the sum of:

     (1)  Any actual damages sustained by the consumer as a result of the failure, or any amount paid by the person to the credit services business whichever is greater. This remedy is supplemental to any other remedy contained within this chapter.

     (2)  Such amount of punitive damages as the court may allow.

(b)  In any private action, any credit services business which is negligent in failing to comply with any requirement imposed under this part with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure.

[Acts 1988, ch. 897, § 8; 1998, ch. 854, § 6.]