Legal Definitions - Tennessee

Tennessee refers to a state in the southeastern United States that has enacted specific legislation to regulate commercial electronic communications and address computer-related crimes within its jurisdiction.

These laws include provisions governing:

• Unsolicited commercial email, often referred to as spam (e.g., the Tennessee Personal and Commercial Computer Act of 2003).
• Telemarketing calls and other telephonic anti-solicitation measures, designed to protect consumers from unwanted sales calls.
• Unsolicited commercial faxes, prohibiting businesses from sending advertisements via fax without consent.
• A range of computer-related crimes, encompassing unauthorized access, data theft, and other offenses committed through the use of computers.

Here are some examples illustrating how Tennessee's laws in these areas might apply:

• Example 1: Telemarketing Violations

  A call center located outside of Tennessee uses an automated dialer to make sales calls to residents across the country, including those in Tennessee. Many Tennessee residents who receive these calls have registered their phone numbers on the state's "Do Not Call" list. Despite this, the call center continues to solicit them.

  Explanation: This scenario would likely violate Tennessee's telemarketing and telephonic anti-solicitation laws (e.g., Tenn. Code §§ 47-18-1501 et seq.). Even though the call center is not physically in Tennessee, its actions of targeting and contacting Tennessee residents who have opted out of such solicitations would subject it to penalties under Tennessee law.

• Example 2: Unsolicited Commercial Email (Spam)

  A new online gadget store, based in Chattanooga, decides to launch a marketing campaign by purchasing a large list of email addresses and sending out promotional emails to everyone on the list, regardless of whether they have opted in to receive communications from the store. Many recipients find these emails unwanted and report them as spam.

  Explanation: This situation falls under Tennessee's commercial email and spam laws, specifically the Tennessee Personal and Commercial Computer Act of 2003 (Tenn. Code §§ 39-14-601 et seq.). The online store could face legal action for sending unsolicited commercial emails to individuals without their prior consent, especially if the emails are deceptive or do not provide a clear and easy way for recipients to unsubscribe.

• Example 3: Computer-Related Crime

  An individual in Knoxville attempts to gain unauthorized access to the computer network of a local credit union, intending to steal customer account information. Although the attempt is unsuccessful, the credit union's security systems detect the intrusion attempt and trace it back to the individual.

  Explanation: This act would be considered a computer-related crime under Tennessee law, specifically covered by the Tennessee Personal and Commercial Computer Act of 2003 (Tenn. Code §§ 39-14-601 et seq.). The attempt to gain unauthorized access to a protected computer system with the intent to commit theft would trigger criminal charges under these statutes, which are designed to protect computer systems and data from malicious activities.