2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 31 - MODERNIZATION OF TOWING, IMMOBILIZATION, AND OVERSIGHT NORMALIZATION (MOTION) › Section 55-31-204 - Requirements of commercial parking lots

(a)
A commercial parking lot owner in this state shall not utilize an automatic license plate reader to enforce the lot owner's parking requirements without first posting signage that:
(1)
Contains red lettering that is no less than six inches (6") in height displayed on a white background;
(2)
Contains the language "LICENSE PLATE READER IN USE";
(3)
Is located at each designated entrance to the property, if a dedicated entrance to the commercial parking lot exists; and
(4)
Is erected so as to be clearly visible from each parking space.
(b)
A commercial parking lot owner shall not charge a penalty for non-payment of parking fees unless:
(1)
The commercial parking lot posts signage that:
(A)
Contains red lettering that is no less than six inches (6") in height displayed on a white background;
(B)
Provides notice that motor vehicle owners who leave the commercial parking lot without paying parking fees will be subject to a late fee if the parking fees are not paid within seventy-two (72) hours; and
(C)
Is located at each designated exit of the commercial parking lot;
(2)
The actual cost of parking owed remains unpaid after seventy-two (72) hours from the time the motor vehicle exited the commercial parking lot; and
(3)
(A)
If the actual cost of parking owed remains unpaid for thirty (30) days or less from the time the motor vehicle exited the commercial parking lot, the fee is not greater than fifty dollars ($50.00); or
(B)
If the actual cost of parking owed remains unpaid for greater than thirty (30) days from the time the motor vehicle exited the commercial parking lot, the fee is not greater than seventy-five dollars ($75.00).
(c)
(1)
A violation of this section constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(2)
A violation of this section constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to any penalties and remedies established under this part.
(3)
The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of this part. If the attorney general and reporter reasonably believes that a person has violated this part, then the attorney general and reporter may institute a proceeding under this section.
(4)
Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this part.
(d)
In addition to any remedy provided in this section, a person injured as a result of a violation of this section is entitled to maintain a private right of action for injunctive relief and to recover compensatory damages, punitive damages, and reasonable attorney fees against an alleged violator.
Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.