2018 Tennessee Code
Title 39 - Criminal Offenses
Chapter 13 - Offenses Against Person
Part 6 - Invasion of Privacy
§ 39-13-603. Civil actions -- Injunctive relief -- Damages -- Defenses -- Limitation of actions.

Universal Citation: TN Code § 39-13-603 (2018)
  • (a) 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:

    • (1) The greater of:

      • (A) 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

      • (B) Statutory damages of one hundred dollars ($100) a day for each day of violation or ten thousand dollars ($10,000), whichever is greater;

    • (2) Punitive damages; and

    • (3) A reasonable attorney's fee and other litigation costs reasonably incurred.

  • (b) 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).

  • (c) 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.

  • (d) 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.

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