Tennessee § 47-18-108 - Restraining orders or injunctions — Penalty for violation.

§ 47-18-108. Restraining orders or injunctions — Penalty for violation.

Whenever the attorney general has reason to believe that any person has engaged in, is engaging in, or, based upon information received from another law enforcement agency, is about to engage in any act or practice declared unlawful by this part and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary injunction, or permanent injunction the use of such act or practice. Unless the attorney general determines in writing that the purposes of this part will be substantially impaired by delay in instituting legal proceedings, the attorney general shall, at least ten (10) days before instituting legal proceedings as provided for in this section, give notice to the person against whom proceedings are contemplated and give such person an opportunity to present reasons why such proceedings should not be instituted. As part of any action brought pursuant to subdivision (a)(1), the attorney general shall certify that the division of consumer affairs complied with § 47-18-5002(2) unless the attorney general determines that the purposes of this part will be substantially impaired by delaying legal proceedings. The action may be brought in a court of competent jurisdiction in the county where the alleged unfair or deceptive act or practice took place or is about to take place or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found. The courts are authorized to issue orders and injunctions to restrain and prevent violations of this part, and such orders and injunctions shall be issued without bond. Whenever any permanent injunction is issued by a court in connection with any action which has become final, reasonable costs shall be awarded to the state. The court may make such orders or render such judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of such unlawful method, act, or practice, any money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, which may have been acquired by means of any act or practice declared to be unlawful by this part. The court may also enter an order temporarily or permanently revoking a license or certificate authorizing that person to engage in business in this state, if evidence has been presented to the court establishing knowing and persistent violations of this part. The court may also order payment to the state of a civil penalty of not more than one thousand dollars ($1,000) for each violation. In determining the amount of a civil penalty, the court may consider the defendant's participation in the complaint resolution process described in § 47-18-5002(2), and the defendant's restitution efforts prior to the initiation of an action pursuant to subdivision (a)(1), in addition to any other factors. The court may also order reimbursement to the state for the reasonable costs and expenses of investigation and prosecution of actions under this part, including attorneys' fees. In the course of any action brought pursuant to subdivision (a)(1), the court may order the parties to engage in pre-trial mediation. If a party requests the court to order the parties to mediation, then the requesting party bears the costs associated with the mediation, unless both parties agree to bear the costs. Any knowing violation of the terms of an injunction or order issued pursuant to subsection (a) or (b) shall be punishable by a civil penalty of not more than two thousand dollars ($2,000), recoverable by the state for each violation, in addition to any other appropriate relief. Acts 1977, ch. 438, § 9; 1991, ch. 468, §§ 1, 2; 2019, ch. 459, §§ 7-10. Compiler's Notes. Acts 2019, ch. 459, § 55 provided that the division of consumer affairs in the department of commerce and insurance shall coordinate with the attorney general and reporter to transfer all documents, information, systems, and other material deemed relevant to the operation of the division of consumer affairs of the office of the attorney general and reporter. Amendments. The 2019 amendment, in (a)(1), substituted “attorney general” for “division” twice, and deleted “and reporter, at the request of the division,” preceding “may bring”; substituted “the attorney general shall” for “it shall” in (a)(2); added (a)(3) and redesignated former (a)(3)-(a)(5) as present (a)(4)-(a)(6); added the second sentence in (b)(3); and added (b)(5). Effective Dates. Acts 2019, ch. 459, § 56. September 30, 2019. Law Reviews. Mass Tort–Class Action Certification–The Unavailability of Class Certification under the Tennessee Consumer Protection Act and the Appropriateness of Class Claims Alleging Common Law Fraud and Misrepresentation in Tennessee (Sarah-Katherine Adams Wright), 76 Tenn. L. Rev. 491 (2009). Cited: Memphis Pub. Co. v. Leech, 539 F. Supp. 405, 1982 U.S. Dist. LEXIS 12558 (W.D. Tenn. 1982); Discover Bank v. Morgan, 363 S.W.3d 479, 2012 Tenn. LEXIS 215 (Tenn. Mar. 27, 2012).