Title 47, Commercial Instruments And Transactions

Any person subject to liability under this part shall be required to issue cards complying with the provisions of this section on July 1, 2001, or upon the issuance of a renewed card before July 1, 2002, whichever is later.

Price gouging of vaccines and inoculations during a medical emergency is contrary to the public policy of the state of Tennessee.

(a) Upon the proclamation of a medical emergency by the commissioner of health and continuing until such emergency is terminated, it is unlawful, for any person, including, but not limited to, a distributor, supplier, hospital, clinic, pharmacy or other health care provider, to c…

A violation of this part, or any rules and regulations promulgated under this part, constitutes an unfair or deceptive act or practice under § 47-18-104(a). A civil action for violation of this part may be brought under part 1 of this chapter.

This part is intended to be in addition to and supplemental to part 51 of this chapter.

The commissioner of health is authorized to promulgate rules and regulations to effectuate this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(a) Each state agency shall create safeguards and procedures for ensuring that confidential information regarding citizens is securely protected on all laptop computers and other removable storage devices used by the state agency. (b) All municipalities and counties shall create …

(1) As used in this part:(1) “Legal advertisement” means a solicitation of legal services through television; radio; internet, including a domain name; newspaper or other periodical; outdoor display; or other written, electronic, or recorded communication;(2) “Person” means an in…

(a) A person shall not do any of the following in a legal advertisement:(1) Fail to disclose at the beginning of any recorded advertisement or display in a conspicuous location on any printed or electronic written legal advertisement that the legal advertisement is a paid adverti…

(a) A person shall not use, cause to be used, obtain, sell, transfer, or disclose protected health information to another person for the purpose of soliciting an individual for legal services without written authorization from the individual who is the subject of the information.…

(a) Any words or statements required by this section to appear in a legal advertisement must be presented clearly and conspicuously. (b) Written disclosures must be clearly legible and, if televised or displayed electronically, displayed for a sufficient time to enable a viewer t…

(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. Any violation of this part constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and…

(1) Nothing in this part:(1) Limits or otherwise affects the authority of the Tennessee Supreme Court to regulate the practice of law, enforce the Rules of Professional Conduct, or discipline persons admitted to the bar; or(2) Creates or implies liability on behalf of a broadcast…

(1) As used in this part, unless the context otherwise requires:(1) “Buyer” means a purchaser under a health club agreement;(2) [Deleted by 2016 amendment.](3) [Deleted by 2015 amendment.](4) (A) “Health club” means any enterprise, however styled, which offers on a regular, full-…

(1) A health club agreement shall be unenforceable against the buyer, and the buyer shall be entitled to a refund less that portion of the total price which represents actual use of the facilities and less the cost of goods and services consumed by the buyer if:(1) The buyer ente…

(a) All health club agreements shall:(1) Be in writing;(2) Be signed by the buyer;(3) Designate the date on which the buyer actually signed the agreement; and(4) Contain in boldface type of at least ten (10) points, in immediate proximity to the space reserved for the signature o…

(a) Unless the buyer is granted a right to cancel the health club agreement as provided in subsection (b), no buyer shall be bound by any health club agreement with a stated initial term greater than thirty-six (36) months. (b) (1) A health club agreement may include a provision …

Any provision in a health club agreement, or in any document signed by the buyer in connection with such agreement, whereby the buyer agrees to waive any requirement of this part, shall be void as contrary to public policy.

Chapter 460 of the Public Acts of 1989 does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before January 1, 1990.

(1) As used in this part:(1) “Authorized dealer” means an individual, corporation, or limited liability company authorized by a manufacturer or distributor to sell, barter, or exchange a particular make of new farm machinery;(2) “Clear title” means legal ownership free from a per…

(a) At the consumer's discretion, a manufacturer shall replace farm machinery with comparable farm machinery or accept return of the farm machinery from a consumer and refund to the consumer the full purchase price and related repair costs specific to the machinery, less a reason…

(1) It is an affirmative defense to a claim under this part that:(1) A defect or condition does not substantially impair the use, value, or safety of the farm machinery;(2) A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification of the farm mach…

(a) A consumer may bring a civil action to enforce this part in a court of competent jurisdiction. A consumer must bring a legal action under this section within two (2) years after the date the consumer first reports a nonconformity to a manufacturer, an agent of a manufacturer,…

In addition to any other penalty prescribed by this part, violation of any provision of this part, upon conviction, constitutes a Class A misdemeanor.

Any individual, firm, corporation, association, or other legal entity that obtains an ownership interest in a health club or its assets shall be responsible for determining that the health club is in compliance with this part.

(a) It is an offense to accept a down payment for a health club agreement in excess of thirty percent (30%) of the total cost of the agreement unless, as of January 1 of the year in which the health club agreement was entered into:(1) The health club has a net worth in excess of …

(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. (b) For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constit…

(a) In order to provide a degree of protection to members of health clubs, each health club shall post a bond in an amount of twenty-five thousand dollars ($25,000) for each location doing business in this state. The bond shall be made with a bond issued by a corporate surety aut…

This part is known and may be cited as the “Tennessee Information Protection Act.”

(1) As used in this part:(1) “Affiliate” means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. As used in this subdivision (1), “control” or “controlled” means:(A) Ownership …

(1) This part applies to persons that conduct business in this state producing products or services that target residents of this state and that:(1) Exceed twenty-five million dollars ($25,000,000) in revenue; and(2) (A) Control or process personal information of at least twenty-…

(a) (1) A consumer may invoke the consumer rights authorized pursuant to subdivision (a)(2) at any time by submitting a request to a controller specifying the consumer rights the consumer wishes to invoke. A known child's parent or legal guardian may invoke the consumer rights au…

(a) A controller shall:(1) Limit the collection of personal information to what is adequate, relevant, and reasonably necessary in relation to the purposes for which the data is processed, as disclosed to the consumer;(2) Except as otherwise provided in this part, not process per…

(a) A processor shall adhere to the instructions of a controller and shall assist the controller in meeting its obligations under this part. The assistance must include:(1) Taking into account the nature of processing and the information available to the processor, by appropriate…

(a) A controller shall conduct and document a data protection assessment of each of the following processing activities involving personal information:(1) The processing of personal information for purposes of targeted advertising;(2) The sale of personal information;(3) The proc…

(a) The controller in possession of de-identified data shall:(1) Take reasonable measures to ensure that the data cannot be associated with a natural person;(2) Publicly commit to maintaining and using de-identified data without attempting to reidentify the data; and(3) Contractu…

(a) This part does not restrict a controller's or processor's ability to:(1) Comply with federal, state, or local laws, rules, or regulations;(2) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, local, or other governmen…

If the attorney general and reporter has reasonable cause to believe that an individual, controller, or processor has engaged in, is engaging in, or is about to engage in a violation of this part, then the attorney general and reporter may issue a civil investigative demand.

(a) This part does not apply to:(1) A body, authority, board, bureau, commission, district, or agency of this state or of a political subdivision of this state;(2) A financial institution, an affiliate of a financial institution, or data subject to Title V of the federal Gramm-Le…

(a) A provision of a contract or agreement that waives or limits a consumer's rights under this part, including, but not limited to, a right to a remedy or means of enforcement, is contrary to public policy, void, and unenforceable. (b) This part does not prevent a consumer from …

(a) The attorney general and reporter has exclusive authority to enforce this part. (b) The attorney general and reporter may develop reasonable cause to believe that a controller or processor is in violation of this part, based on the attorney general and reporter's own inquiry …

(a) A controller or processor has an affirmative defense to a cause of action for a violation of this part if the controller or processor creates, maintains, and complies with a written privacy policy that:(1) (A) Reasonably conforms to the National Institute of Standards and Tec…

This part supersedes and preempts any conflicting provisions of any public or private act and laws, ordinances, resolutions, regulations, or the equivalent adopted by a home rule municipality, county, including a metropolitan government, or city regarding the processing of person…

(1) As used in this part:(1) “Authorized complex rehabilitation technology supplier” means a seller of complex rehabilitation technology that supplies products and services for complex rehabilitation technology equipment;(2) “Complex rehabilitation technology”:(A) Has the same me…

(a) An authorized complex rehabilitation technology supplier shall repair a complex rehabilitation technology wheelchair or manual wheelchair that the supplier sold to the consumer unless:(1) The consumer has moved outside of the original supplier's service area;(2) The repair is…

This part shall be known and may be cited as the “True Origin of Goods Act.”