Identity Theft Defined Tenn. Code Ann. §39-14-150 (1999)
‘Identity Theft Deterrence Act’ Tenn. Code Ann. §§47-18-2101 (1999) et seq.
Automatic class D felony In addition to usual punishment for class D felony, state will be awarded restitution for reasonable attorney fees, costs and expenses of investigation and prosecution
Who May Prosecute
Attorney General may bring action to restrain or enjoin perpetrator from further identity theft acts, or to request freeze of perpetrator’s assets, or for other appropriate or necessary measures; Otherwise any prosecuting authority may prosecute
Civil action allowed
Court may award 3 times the actual damages, and other relief as is necessary and proper; victim may enjoin perpetrator from further actions in violation of identity theft laws; victim may be awarded attorneys’ fees and costs; civil penalty shall be awarded equal to the greatest of: $10,000, $5,000 per each day victim’s identity is assumed, or 10 times the amount obtained or attempted to be obtained; victim shall receive restitution for all ascertainable loss, plus interest on the loss
If injunction obtained by Attorney General Is violated: civil penalty of up to $5,000 per violation, plus contempt sanctions and award of attorney fees and costs to state for additional filings;Violation of identity theft laws will be a violation of “Tennessee Consumer Protection Act of 1977”