Title 47, Commercial Instruments And Transactions

Any action commenced pursuant to this part shall be brought within one (1) year from discovery of the alleged sale of an improperly marked article.

(a) This part shall be construed in accordance with 19 U.S.C § 1304 and the regulations promulgated and rulings and decisions made thereunder. (b) Nothing in this part shall alter or amend the applicability to a wholesale or retail grocer of 19 U.S.C. § 1304 and any regulations p…

In any circumstance in which a written contract for a wireless telecommunications device and service is required by the provider thereof, such contract shall have a separate acknowledgment, either by a separate signature line or by initialing, of any minimum service period.

The penalties provided in part 1 of this chapter shall be applicable to a violation of this part.

This part shall not apply to any device or service sold, leased, or offered for sale or lease by any telephone cooperative or by any public utility that is subject to the jurisdiction of, or to regulation by, the Tennessee public utility commission.

The remedies provided under this chapter with respect to a violation of this part shall be available with respect to goods or services purchased by an individual primarily for personal, family or household use or purposes.

This part shall apply to contracts executed after January 1, 1998, and shall not apply to contracts executed prior to that date.

This part shall be known and may be cited as the “Tennessee Minimum Cigarette Pack Size Act of 1999.”

(1) As used in this part, unless the context otherwise requires:(1) “Cigarette retailer” means each and every cigarette vending machine, place, store, booth, concession, truck, vehicle or person that in any way sells or makes available cigarettes or cigarette products directly or…

No tobacco product manufacturer or cigarette retailer may directly or indirectly, manufacture, sell or distribute in Tennessee any pack or other container of cigarettes containing fewer than twenty (20) cigarettes or, in the case of roll-your-own tobacco, any package of roll-your…

(a) The purpose of this part is to prevent tobacco manufacturers or retailers from manufacturing, selling or distributing cigarettes in packs or containers containing fewer than twenty (20) cigarettes. This measure is designed to deter minors from smoking cigarettes. (b) This par…

Any violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an…

(a) The attorney general and reporter may bring any appropriate action or proceeding in any court of competent jurisdiction pursuant to this part against any cigarette manufacturer or cigarette retailer to seek redress, including injunctive relief, for violations of this part. (b…

This part shall be known and may be cited as the “Tennessee Identity Theft Deterrence Act of 1999.”

(1) As used in this part and in the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter, unless the context otherwise requires:(1) “Ascertainable loss” means an identifiable deprivation, detriment or injury arising from the identity theft or from any unf…

(1) It is unlawful for any person to directly or indirectly:(1) Engage in identity theft; or(2) Engage in any unfair, deceptive, misleading act or practice for the purpose of directly or indirectly engaging in identity theft. (1) Engage in identity theft; or (2) Engage in any unf…

(a) Any party commencing a private action pursuant to this part must provide a copy of the complaint and all other initial pleadings to the attorney general and upon entry of any judgment, order or decree of the action, shall mail a copy of such judgment, order or decree to the a…

(a) (1) Whenever the attorney general has reason to believe that a person has engaged in, is engaging in, or based upon information received from another law enforcement agency, is about to engage in any unlawful act or practice under this part and that proceedings would be in th…

(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act. (b) For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting…

(a) As used in this section:(1) “Breach of system security”:(A) Means the acquisition of the information set out in subdivision (a)(1)(A)(i) or (a)(1)(A)(ii) by an unauthorized person that materially compromises the security, confidentiality, or integrity of personal information …

(a) A Tennessee consumer may place a security freeze on the consumer report of the Tennessee consumer by making a request in writing by certified mail. Beginning on January 31, 2009, a credit reporting agency shall make available an electronic method for requesting a security fre…

(1) At any time that a Tennessee consumer is required to receive a summary of rights required by 15 U.S.C. § 1681g(d) of the federal Fair Credit Reporting Act, the Tennessee consumer shall also be provided with the following prominent, clear and conspicuous notice in at least twe…

(a) On and after January 1, 2008, any person, nonprofit or for profit business entity in this state, including, but not limited to, any sole proprietorship, partnership, limited liability company, or corporation, engaged in any business, including, but not limited to, health care…

(a) As used in this section:(1) “Protected consumer” means:(A) An individual who is under sixteen (16) years of age at the time a request for the placement of a security freeze under this section is made; or(B) An incapacitated person for whom a guardian or conservator has been a…

This part shall be known and may be cited as the “Video Consumer Privacy Act.”

(a) The general assembly finds and declares that the viewing of rented video tapes and movies in the home is a popular and widespread leisure pastime. Innumerable retail establishments in this state commonly record, often by computer, data containing the identities of consumers w…

(1) As used in this part, unless the context otherwise requires:(1) “Consumer” means any renter, purchaser, or subscriber of goods or services from a video tape service provider or video tape seller;(2) “Informed, written consent of the consumer” means that the video tape service…

(a) A video tape seller or service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in § 47-18-2205. (b) (1) A video tape seller or service…

Any person found to be in violation of this part shall be liable to the aggrieved consumer for all actual damages sustained by such consumer as a result of the violation.

(1) As used in this part:(1) “Automatic number identification”:(A) Means a system that identifies the billing account for a call; and(B) Includes an enhanced 911 service capability that enables the automatic display of the ten-digit number used to place a 911 call from a wire lin…

(a) Except as provided in § 47-18-2303, it is an offense for:(1) A person, in connection with a telecommunications service or an interconnected VoIP service, to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification informatio…

(1) This part does not prohibit or restrict any of the following:(1) Subject to § 65-4-403, blocking the capability of a caller identification service to transmit caller identification information;(2) Any authorized law enforcement activity;(3) Any lawfully authorized investigati…

(a) The attorney general and reporter may bring an action against a person who violates § 47-18-2302(a) to enjoin further violations and to recover a civil penalty of up to thirty thousand dollars ($30,000) per violation. (b) (1) Any civil penalty collected pursuant to this secti…

(a) Except as provided in subsection (d), any person who is aggrieved by a violation of § 47-18-2302(a) may bring an action to enjoin further violations and for the recovery of the person's actual damages and actual expenses incurred, including court costs and attorney's fees, ag…

Unless otherwise agreed, where unsolicited mail that resembles a check is, upon endorsement by the payee, a loan, the payee is under no duty to repay such loan unless such unsolicited mail has upon its face in boldface letters at least one-half inch (½″) in height the following: …

In any action for the collection of the balance due on an unsolicited loan received by mail that resembles a check, it shall be a complete defense that such unsolicited loan was not actually requested by the defendant and such mail did not have upon its face the language required…

A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purposes of the application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute…

(a) (1) Any solicitation to lend money to a person for the consolidation or payment of other indebtedness which will result in that person's owner-occupied residence becoming collateral or security for the loan or payment of money shall clearly state, in bold face type at least a…

(a) No person or entity conducting business in this state shall send by e-mail or cause to be e-mailed, documents consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit un…

(1) As used in this part, unless the context otherwise requires:(1) “Computer network” means a set of related, remotely connected devices and any communications facilities, including more than one (1) computer with the capability to transmit data among them through the communicat…

This part shall be known and may be cited as the “Structured Settlement Protection Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Annuity insurer” means an insurer that has issued an insurance policy or annuity contract used to fund periodic payments under a structured settlement;(2) “Applicable law” means state or federal statutes of the …

(1) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the t…

(a) (1) The circuit court shall have nonexclusive jurisdiction over any approval of a transfer of structured settlement payment rights.(2) An application under this part for approval of transfer of structured settlement payment rights shall be made by the transferee and may be br…

(a) The provisions of this part may not be waived. (b) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on any …

Nothing contained in this part shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law.