Tennessee § 39-13-603 - Civil actions — Injunctive relief — Damages — Defenses — Limitation of actions.

§ 39-13-603. Civil actions — Injunctive relief — Damages — Defenses — Limitation of actions.

Except as provided in § 39-13-601(b)(4), any aggrieved person whose wire, oral or electronic communication is intentionally intercepted, disclosed, or used in violation of § 39-13-601 or title 40, chapter 6, part 3 may in a civil action recover from the person or entity that engaged in that violation the following relief: The greater of: The sum of the actual damages, including any damage to personal or business reputation or relationships, suffered by the plaintiff and any profits made by the violator as a result of the violation; or Statutory damages of one hundred dollars ($100) a day for each day of violation or ten thousand dollars ($10,000), whichever is greater; Punitive damages; and A reasonable attorney's fee and other litigation costs reasonably incurred. Any person whose wire, oral, or electronic communication is or is about to be intercepted, disclosed, or used in violation of § 39-13-601 or title 40, chapter 6, part 3 may seek to enjoin and restrain the violation and may in the same action seek damages as provided by subsection (a). It is a complete defense against any civil or criminal action brought under § 39-13-601 or title 40, chapter 6, part 3 that there was good faith reliance on a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, or if there was a good faith determination that § 39-13-601(c) permitted the conduct complained of. A civil action under this section or title 40, chapter 6, part 3 may not be commenced later than two (2) years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation. Acts 1994, ch. 964, § 11. Cross-References. Legislative purpose, § 40-6-302 . Limitation of actions, title 28. Wiretapping and electronic surveillance by law enforcement, warrants for, title 40, ch. 6, part 3.