AN ACT to amend Tennessee Code Annotated, Title 28 and Title 39, relative to civil liability.
Impact
The implications of SB0467 are significant for both consumers and commercial entities. Individuals would be empowered to seek damages for violations, which can include nominal, actual, and punitive damages, alongside recouping court costs and attorney fees. This potential for increased liability may lead businesses to reassess their operations and compliance mechanisms to mitigate risk, as class actions can be certified under the bill's provisions. Furthermore, the Attorney General's office is granted the authority to seek injunctive relief against commercial entities that fail to comply with the outlined standards.
Summary
Senate Bill 0467 aims to amend Tennessee Code Annotated, Title 28 and Title 39, addressing issues of civil liability particularly within the context of commercial entities engaging with online content. The bill introduces provisions that allow individuals to bring civil action against commercial entities that knowingly violate specific statutory mandates related to online conduct. This opens avenues for recovery not solely reliant on criminal convictions, thereby broadening the scope of liability for businesses operating in the digital space.
Contention
Notable points of contention surrounding SB0467 include concerns regarding its impact on the digital economy and the potential for overreach. Opponents may argue that the broad language of the bill could expose businesses to lawsuits from various actors and create an adversarial environment for entrepreneurial endeavors in Tennessee. While the bill aims to protect consumers, it may also inadvertently stifle innovation and increase operational costs for businesses that have to conform to the new liability landscape. As the bill progresses, debates are likely to emerge regarding the balance between consumer protection and the provision of a favorable business climate.