56-50-115 - Injunctions Civil remedies Cease and desist. - Tennessee Statutes

56-50-115 Injunctions Civil remedies Cease and desist.

(a)  In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any regulation implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders that the commissioner determines are necessary to restrain the person from committing the violation.

(b)  Any person damaged by the acts of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction.

(c)  A violation of this chapter attendant to the execution of a viatical settlement purchase agreement renders the viatical settlement purchase agreement voidable and subject to rescission by the viatical settlement purchaser, upon return of the policy received to the viatical settlement provider. Suit for rescission may be brought in a court of competent jurisdiction or where the alleged violator resides or has a principal place of business or where the alleged violation occurred.

(d)  The commissioner may issue, in accordance with § 56-2-305, a cease and desist order upon a person that violates this chapter, any regulation or order adopted by the commissioner or any written agreement entered into with the commissioner.

(e)  When the commissioner finds that an activity in violation of this chapter presents an immediate danger to the public that requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for ninety (90) days. If the commissioner begins non-emergency cease and desist proceedings, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.

(f)  In addition to the penalties and other enforcement provisions of this chapter, any person that violates this chapter is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. Imposition of civil penalties shall be pursuant to an order of the commissioner issued under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The commissioner's order may require a person found to be in violation of this chapter to make restitution to persons aggrieved by violations of this chapter.

(g)  (1)  It is an offense to commit a fraudulent viatical settlement act. A violation of this subdivision (g)(1) is an offense graded as provided in § 39-14-105, based upon the greater of:

          (A)  The value of property, services or other benefit wrongfully obtained or attempted to be obtained; or

          (B)  The aggregate economic loss suffered by any person as a result of the violation.

     (2)  A person who commits an offense as provided in subdivision (g)(1) shall be ordered to pay restitution to persons aggrieved by such act in addition to any other punishment provided for such offense.

(h)  Except for a fraudulent viatical settlement act committed by a viator, the enforcement provisions and penalties of this section shall not apply to a viator.

[Acts 2009, ch. 604, § 16.]