(a) The attorney general and reporter has exclusive authority to enforce this part.
Terms Used In Tennessee Code 47-18-3313
Attorney general: means the office of the Tennessee attorney general and reporter. See Tennessee Code 47-18-2102
Controller: means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal information. See Tennessee Code 47-18-3302
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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.
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Processor: means a natural or legal entity that processes personal information on behalf of a controller. See Tennessee Code 47-18-3302
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) The attorney general and reporter may develop reasonable cause to believe that a controller or processor is in violation of this part, based on the attorney general and reporter’s own inquiry or on consumer or public complaints. Prior to initiating an action under this part, the attorney general and reporter shall provide a controller or processor sixty-days’ written notice identifying the specific provisions of this part the attorney general and reporter alleges have been or are being violated. If within the sixty-day period, the controller or processor cures the noticed violation and provides the attorney general and reporter an express written statement that the alleged violations have been cured and that no such further violations shall occur, then the attorney general and reporter shall not initiate an action against the controller or processor.(c) If a controller or processor continues to violate this part following the cure period in subsection (b) or breaches an express written statement provided to the attorney general and reporter under subsection (b), then the attorney general and reporter may bring an action in a court of competent jurisdiction seeking any of the following relief:
(1) Declaratory judgment that the act or practice violates this chapter;(2) Injunctive relief, including preliminary and permanent injunctions, to prevent an additional violation of and compel compliance with this part;(3) Civil penalties, as described in subsection (d);(4) Reasonable attorney’s fees and investigative costs; or(5) Other relief the court determines appropriate.(d)(1) A court may impose a civil penalty of up to seven thousand five hundred dollars ($7,500) for each violation of this part.(2) If the court finds the controller or processor willfully or knowingly violated this part, then the court may, in its discretion, award treble damages.(e) A violation of this part shall not serve as the basis for, or be subject to, a private right of action, including a class action lawsuit, under this part or other law.(f) The attorney general and reporter may recover reasonable expenses incurred in investigating and preparing a case, including attorney fees, in an action initiated under this part.
