Title 47, Commercial Instruments And Transactions

(a) A licensee shall file with the commissioner an annual report, under oath, that includes the following information for the calendar year reporting period:(1) Total number of active consumers in this state;(2) Total number of enrolled consumers in this state; and(3) The total f…

(a) (a) A licensee shall not impose, directly or indirectly, a fee or other charge on a consumer, or receive payment from or on behalf of a consumer, for performing debt resolution services, except as provided in this section.(b) A licensee shall not request or receive payment of…

(a) A licensee, a person who markets debt resolution services on behalf of a licensee, or a person described in § 47-18-5804(b)(2) shall not:(1) Take or exercise a power of attorney that authorizes the licensee to resolve a debt. For purposes of this subdivision (a)(1), “resolve”…

(a) A licensee shall distribute, or arrange to be distributed, a statement of accounting to a consumer:(1) While a debt resolution services agreement is in effect:(A) At least once per month; and(B) On or before the fifth business day after a consumer requests a statement of acco…

(a) A licensee shall not, directly or through a person who markets debt resolution services on behalf of a licensee or a person described in § 47-18-5804(b)(2), advertise, announce, broadcast, display, distribute, print, publish, televise, or permit another person to advertise, a…

(a) At the time of providing to a consumer any materials or agreements required by this part, a licensee shall inform the consumer that upon electronic, telephonic, or written request, the licensee must send the consumer a copy of the materials and must comply with a request as p…

(a) If the commissioner finds that a person has violated a provision of this part, a rule adopted pursuant to this part, or any other law applicable to the conduct of a licensee, then the commissioner may order or impose a penalty upon the person, which must not exceed five thous…

(1) An action or proceeding brought by the commissioner under this part must be commenced within the later of the following:(1) Four (4) years after the conduct that underlies the complaint is discovered by the commissioner or the harmed consumer; or(2) The applicable statute of …

(a) Transactions for licensees whose licenses were issued pursuant to part 55 of this chapter that were entered into prior to January 1, 2026, and the rights, duties, and interests resulting from such transactions, may be completed, terminated, or enforced as required or permitte…

(1) As used in this part:(1) “Attorney general” means the attorney general and reporter;(2) “Gambling” has the same meaning as defined in § 39-17-501;(3) “Gambling device” means a gambling device or record as defined in § 39-17-501;(4) “Individual” means a natural person;(5) “Onl…

(a) Gambling; the operation or possession of gambling devices; and the operation, conducting, or commercial promoting of online sweepstakes games and other forms of online or app-based gambling are unlawful and are offenses against the public health, safety, and welfare of this s…

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

Information and documents received, created, or maintained by the attorney general as part of the administration and enforcement of this part are confidential and are not subject to disclosure pursuant to the Tennessee Public Records Act, compiled in title 10, chapter 7. Such con…

This part shall be known and may be cited as the “Tennessee Rental-Purchase Agreement Act.”

The general assembly finds that a significant number of consumers have sought to acquire ownership of personal property through rental-purchase agreements. Often, these rental-purchase agreements have been offered without adequate cost disclosures. It is the purpose of this part …

(1) As used in this part, unless the context otherwise requires:(1) “Advertisement” means a commercial message in any medium that aids, promotes, or assists directly or indirectly a rental-purchase agreement;(2) “Attorney general” means the attorney general and reporter, or the a…

(a) For each rental-purchase agreement, the lessor shall disclose the following items as applicable:(1) A brief description of the leased property, sufficient to identify the property to the consumer and lessor;(2) The number, amount, and timing of all lease payments necessary to…

(a) The lessor shall disclose to the consumer the information required by this part. In a transaction involving more than one (1) consumer, a lessor need disclose only to one (1) of the consumers who is primarily obligated. In a transaction involving more than one (1) lessor, onl…

(1) A rental-purchase agreement may not contain a provision:(1) Requiring a confession of judgment;(2) Requiring a garnishment of wages;(3) Granting authorization to the lessor or a person acting on the lessor's behalf to enter unlawfully upon the consumer's premises or to commit…

(a) Each rental-purchase agreement must:(1) Provide that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the merchandise upon expiration of any lease term; and(2) Contain a provision for reinstatement which, at a minimum:(A) Permi…

A lessor shall provide the consumer with a written receipt for each payment made by cash or money order.

(a) A renegotiation occurs when an existing rental-purchase agreement is satisfied and replaced by a new lease agreement undertaken by the same consumer. A renegotiation is a new agreement requiring new disclosures. However, events such as the following shall not be treated as re…

(a) If an advertisement for a rental-purchase agreement refers to or states the amount of any payment or the right to acquire ownership for any specific item, the advertisement also must state clearly and conspicuously the following items, as applicable:(1) That the transaction a…

(a) (1) A lessor who fails to comply with a requirement imposed in § 47-18-604 or §§ 47-18-606 — 47-18-608 with respect to a consumer is liable to the consumer in an amount equal to the greater of:(A) The actual damages sustained by the customer as a result of the violation; or(B…

An action under this part may be brought in any court of competent jurisdiction within one (1) year of the date of the occurrence of any violation or within six (6) months of the time the rental-purchase agreement, together with any renewals or extensions thereof, ceases to be in…

(a) A lessor is not liable under § 47-18-612 for a violation of this part if the lessor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, even though the lessor maintained procedures reasonably adapted to avoid su…

A willful and intentional violation of this part is a Class C misdemeanor.

This part shall be known and may be cited as the “Tennessee Home Solicitation Sales Act of 1974.”

(1) As used in this part, unless the context otherwise requires:(1) “Business day” means any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving…

(1) Notwithstanding any other law to the contrary:(1) Except as provided in subdivision (5), in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until twelve o'clock midnight (12:00) of the third business day after the…

(a) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer a receipt if it is a cash or credit card sale or, in the case of a credit sale, obtain the buyer's signature to a…

(a) Except as provided in this section, within ten (10) days after a home solicitation sale has been cancelled or an offer to purchase revoked the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (b) If the down paymen…

(a) Except as provided in § 47-18-705(c), within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but the buyer is not obliga…

Notwithstanding any other law, if at the time of a home solicitation a seller or the seller's agent should fail to immediately identify such person as a seller or lessor, or should the seller or agent represent or imply that the seller's or agent's purpose at the time of solicita…

(a) No seller shall use a form or contract in providing goods or services that purports to waive a buyer's right to obtain:(1) Punitive damages;(2) Exemplary damages;(3) Treble damages; or(4) Attorney's fees. (1) Punitive damages; (2) Exemplary damages; (3) Treble damages; or (4)…

This part shall be known and may be cited as the “Tennessee Equal Consumer Credit Act of 1974.”

(a) It is unlawful for any creditor or credit card issuer to discriminate between equally qualified individuals, whether male or female, or whether disabled, or to discriminate solely on account of marital status against any individual, with respect to the approval or denial of t…

(1) Any creditor or credit card issuer who discriminates against any individual in a manner prohibited by § 47-18-802 is liable to such individual in damages in an amount equal to the sum of:(1) In the case of an individual action, not less than one hundred dollars ($100) nor mor…

Any action brought under this part may be brought in any court of competent jurisdiction in this state during a period of one (1) year commencing on the date of occurrence of the violation.

Where the applicant for credit is married, the spouse of the applicant shall not be liable, other than to the extent common law liability is imposed for furnishing necessaries, for any debts, charges, or accounts where the spouse has not signed the application for credit.

Unless otherwise agreed, where unsolicited goods, wares, or merchandise of a value of less than fifty dollars ($50.00) is delivered by United States mail or United Parcel Service to a person who has not actually ordered or requested it, either orally or in writing, the person has…

In any action for the monetary value or for the return of such unsolicited goods, wares, or merchandise, it shall be a complete defense that it was delivered voluntarily by the plaintiff and was not actually ordered or requested by the defendant, either orally or in writing.