2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-106 - Recovery of consideration as remedy for damages

(a)
Any person who is directly or indirectly injured or damaged by any violation of this part may sue for and recover, in any equitable relief and actual damages; provided, that such an action by a natural person must not be filed or proceed once the attorney general and reporter has commenced an action parens patriae pursuant to subsection (b), from any person operating such trust or combination, the full consideration or sum paid by the person for any goods, wares, merchandise, or articles, the sale of which is controlled by such combination or trust.
(b)
The attorney general and reporter may bring an action in any court of competent jurisdiction in the name of this state, any of this state's political subdivisions or agencies, or as parens patriae on behalf of natural persons residing in this state for appropriate injunctive or other equitable relief, including, but not limited to, disgorgement, and to secure monetary damages for any injuries directly or indirectly sustained by reason of any violation of this part. The court shall award this state a reasonable attorney's fee, costs, and expenses, and, in actions parens patriae, to secure monetary damages or treble damages sustained.
(c)
A class action lawsuit must not be brought to obtain injunctive relief and recover damages for conduct declared to be unlawful by this part.
(d)
In any action brought by the attorney general and reporter under subsection (b), the attorney general and reporter is the sole party for discovery purposes and is deemed to lack possession, custody, or control over documents possessed by the general assembly, other state officers, or any state agencies or institutions. If such an action is asserted on behalf of a political subdivision or agency, then the attorney general and reporter may facilitate nonparty discovery from that political subdivision or agency as an instrumentality with an interest in the litigation consistent with § 8-6-109.
(e)
In any action brought by the attorney general and reporter under subsection (b), where the attorney general and reporter does not seek to recover for an injury suffered by a state governmental branch or office, official, agency, political subdivision, or other instrumentality, nonparty discovery of that entity is presumptively unreasonable and unduly burdensome.
(f)
Actions parens patriae under subsection (b) are subject to the following procedures:
(1)
(A)
The attorney general and reporter shall, at such times, in such manner, and with such content as the court may direct, cause notice of such actions to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person or persons, the court may direct further notice to such person or persons according to the circumstances of the case;
(B)
Any person on whose behalf an action is brought under subsection (b) may elect to exclude from adjudication the portion of this state's claim for monetary relief attributable to the person by filing notice of such election with the court within such time as specified in the notice given pursuant to subdivision (f)(1)(A); and
(C)
The doctrine of res judicata applies to a final judgment in an action under subsection (b) as to any claim under this part by any person on behalf of whom such action was brought and who fails to give such notice within the period specified in the notice given pursuant to subdivision (f)(1)(A);
(2)
An action under subsection (b) must not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise must be given in such manner as the court directs; and
(3)
Monetary relief recovered in an action under subsection (b) must be distributed in such a manner as the court in its discretion may authorize, subject to the requirements that any distribution procedure adopted afford each person a reasonable opportunity to secure the person's appropriate portion of the net monetary relief, and that such monetary recovery must not be distributed to any uninjured person by cy pres distribution.
(g)
In any action brought by the attorney general and reporter under subsection (b), the court may, as a remedial measure, order payment to this state of a civil penalty of not more than one thousand dollars ($1,000) for each violation.
Amended by 2024 Tenn. Acts, ch. 776,s 8, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 776,s 7, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 776,s 6, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 776,s 5, eff. 4/23/2024.
Acts 1891, ch. 218, § 6; 1903, ch. 140, § 4; Shan., § 3190; Acts 1927, ch. 60, § 3; mod. Code 1932, § 5886; T.C.A. (orig. ed.), § 69-106.