47-18-5204 - Persons allowed to bring an action for damages. - Tennessee Statutes

47-18-5204. Persons allowed to bring an action for damages.

(a)  The following persons may bring an action against a person who violates or is in violation of § 47-18-5203:

     (1)  (A)  A person who:

                (i)  Is engaged in the business of providing internet access service to the public, owns a web page, or owns a trademark; and

                (ii)  Suffers ascertainable loss by a violation of § 47-18-5203.

          (B)  An action brought under subdivision (a)(1)(A) may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000); or

     (2)  (A)  An individual who suffers an ascertainable loss by a violation of § 47-18-5203 may bring an action, but only against a person who has directly violated § 47-18-5203.

          (B)  An action brought under subdivision (a)(2)(A) may seek to enjoin further violations of § 47-18-5203 and to recover the greater of three (3) times the amount of actual damages or five thousand dollars ($5,000), per violation.

(b)  The attorney general and reporter or a district attorney general may bring an action against a person who violates or is in violation of § 47-18-5203 to enjoin further violations of § 47-18-5203 and to recover a civil penalty of up to two thousand five hundred dollars ($2,500), per violation.

(c)  In an action pursuant to this part, a court may, in addition, do either or both of the following:

     (1)  Increase the recoverable damages to an amount up to three (3) times the damages otherwise recoverable under subdivision (a) in cases in which the defendant has established a pattern and practice of violating § 47-18-5203; or

     (2)  Award costs of the suit and reasonable attorney's fees to a prevailing plaintiff.

(d)  The remedies provided in this part do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of the law.

(e)  For purposes of subdivision (a)(1), multiple violations of § 47-18-5203 resulting from any single action or conduct shall constitute one (1) violation.

(f)  No provider of an interactive computer service may be held liable under this part or any other provision of state law for identifying, removing, or disabling access to content that resides on an Internet web page or other online location that such provider believes in good faith is used to engage in a violation of this part.

[Acts 2006, ch. 566, § 5.]