Tennessee § 47-18-2305 - Private action for injunctive relief and damages.

§ 47-18-2305. Private action for injunctive relief and damages.

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. 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. 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. 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. Acts 2017, ch. 257, § 1. Compiler's Notes. For Preamble to the act relative to inaccurate identification information of telephonic and electronic communications and the need to establish safeguards against this practice, see Acts 2017, ch. 257. Acts 2017, ch. 257, § 4 provided that the act, which enacted this part, shall apply to prohibited conduct occurring on or after July 1, 2017. Effective Dates. Acts 2017, ch. 257, § 4. July 1, 2017.