Current through Acts 2023-2024, ch. 1069
Section 47-18-125 - Additional penalties concerning specially targeted consumers(a) As used in this section, unless the context otherwise requires:(1) "Elderly person" means any person who is sixty (60) years of age or older; and(2) "Specially targeted consumers" means elderly persons, persons under eighteen (18) years of age, and current and former military service members.(b) Any person who knowingly uses, or has knowingly used, a method, act, or practice that targets specially targeted consumers and is in violation of this part is liable to this state for a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Each violation may include, but is not limited to, each specially targeted consumer solicited, each advertisement that was distributed, each misrepresentation or deceptive statement that appeared on a solicitation, each time that an advertisement appeared on television or on radio, and each contact, including by telephone call, a direct mail solicitation, or in person solicitation, with a specially targeted consumer to promote or solicit using unfair, misleading, or deceptive acts or practices.(c) The specially targeted consumer does not need to be a citizen of this state if the company or individual is operating from this state or the court otherwise has jurisdiction over the company or individual for engaging in an unfair, misleading, or deceptive act or practice arising in this state.(d) The civil penalties recoverable by this state under this part are supplemental and cumulative to any other available civil penalties and relief available under other laws, regulations, and rules, including, but not limited to, those available pursuant to § 47-18-108.Amended by 2024 Tenn. Acts, ch. 776,s 14, eff. 4/23/2024.