| CITATION | Tenn. Code Ann. 39-13-601 |
| SUMMARY | A person who is a party to a wire, oral, or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded conversation unless he has a criminal or tortuous / wrongful purpose. Tenn. Code Ann. § 39-13-601. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not to exceed $5,000. Tenn. Code Ann. §§ 39-13-602, 40-35-111. |
| CONSENT REQUIRED | 1 party to communication. |
| PENALTIES |
Anyone whose communications have been unlawfully intercepted can file a civil suit to recover the greater of actual damages or liquidated damages of one hundred dollars ($100) per day of violation or ten thousand dollars ($10,000), whichever is greater. A plaintiff can also claim punitive damages, attorney fees, and litigation costs. The statute of limitations for such a lawsuit is two years. Tenn. Code Ann. § 39-13-603. Recording or disseminating a communication carried out through a cellular or cordless phone, or disseminating the contents with knowledge of their illegal origin, without the consent of at least one party, can be punished as a felony with a potential prison sentence of between one and six years and a fine not to exceed $3,000. Tenn. Code Ann. §§ 39-13-604, 40-35-111. |