(a) Except as provided in subsection (d), any person who is aggrieved by a violation of § 47-18-2302(a) may bring an action to enjoin further violations and for the recovery of the person’s actual damages and actual expenses incurred, including court costs and attorney’s fees, against any person who is responsible for or knowingly participated in the violation. The injunctive relief available under this subsection (a) is in addition to any damages to which a person may be entitled.

Terms Used In Tennessee Code 47-18-2305

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
  • Provider: means a person or entity that offers telecommunications service or interconnected VoIP service. See Tennessee Code 47-18-2301
(b) If the court finds that the violation of § 47-18-2302(a) was an intentional violation, or that the defendant has engaged in a pattern and practice of violations, the court may award three (3) times the actual damages sustained.
(c) The action may be brought in the chancery or circuit court of Davidson County or in a court of competent jurisdiction where the alleged violation of § 47-18-2302(a) took place.
(d) A person does not have a cause of action against a provider for a violation of § 47-18-2302(a) unless the violation resulted from the provider’s gross negligence or intentional wrongdoing.
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