(a) It shall be unlawful for any person who is subject to this part under § 47-18-403 to fail to clearly and conspicuously disclose their true and correct name, physical address, and telephone number on their website or online service in a location readily accessible to users of, or visitors to, the website or online service.

Terms Used In Tennessee Code 47-18-404

  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-402
  • Location readily accessible: means a place that is conspicuous, not hidden and capable of being reached quickly and easily by the general public. See Tennessee Code 47-18-402
  • Online service: means any service available over the Internet, or that connects to the Internet or a wide-area network. See Tennessee Code 47-18-402
  • 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 47-18-402
  • Physical address: means the mailing address, including a zip code, that details the actual location of a person or entity, but does not include a post office box or email address. See Tennessee Code 47-18-402
  • Subpoena: A command to a witness to appear and give testimony.
(b)

(1) If the attorney general cannot, after reasonable investigation, ascertain the information that is required by subsection (a), the attorney general, or a district attorney general of a county in which or from which a violation of subsection (a) is suspected to have been made, at the request of the attorney general, and upon reasonable cause, may issue in writing and cause to be served one (1) or more subpoenas requiring the production of the suspected violator’s legal name under which such person conducts business, and the person’s physical address and telephone number.
(2) A party shall not disclose any information pursuant to a subpoena other than the suspected violator’s legal name under which such person conducts business, and the person’s physical address and telephone number.
(3) At any time before the return date specified on the subpoena, the person summoned may, in the chancery court of the county in which the person resides or does business, petition for an order modifying or quashing the subpoena, or a prohibition of disclosure by a court.
(4) If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the attorney general or district attorney general shall either destroy the records and documentation or return them to the person who produced them.
(5) A subpoena issued under this section may be served by any person who is authorized to serve process under the Tennessee Rules of Civil Procedure and such subpoena shall be served in accordance with such rules.
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