Title 47, Commercial Instruments And Transactions

(1) The information statement required under § 47-18-1004 shall include all of the following:(1) (A) A complete and accurate statement of the consumer's right to review any file on the consumer maintained by any consumer reporting agency, and the right of the consumer to receive …

(a) Every contract between a consumer and a credit services business for the purchase of the services of the credit services business shall be in writing, dated, signed by the consumer, and shall include all of the following:(1) A conspicuous statement in size equal to at least t…

(a) Any breach by a credit services business of a contract under this part, or of any obligation arising under it, constitutes a violation of this part. (b) Any contract for services from a credit services business that does not comply with the applicable provisions of this part …

(a) In any private action, any credit services business, which willfully fails to comply with any requirement imposed under this part with respect to any consumer, is liable to the consumer in an amount equal to the sum of:(1) Any actual damages sustained by the consumer as a res…

A private action to enforce any liability created under this part may be brought within two (2) years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this part to be disclosed to…

This part shall be known and may be cited as the “Tennessee Consumer Protection Act of 1977.”

(a) 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 purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute …

(a) (1) In order to provide a degree of protection to customers of credit services businesses, each credit services business shall post a bond in an amount as determined by the commissioner with the department of commerce and insurance for each location conducting business in thi…

The department shall combine all moneys received and expenses incurred pursuant to the Tennessee Credit Services Businesses Act and the Uniform Debt-Management Services Act, compiled in part 55 of this chapter, into a single fund for the purpose of administering the acts.

(1) This part shall be liberally construed to promote the following policies:(1) To simplify, clarify, and modernize state law governing the protection of the consuming public and to conform these laws with existing consumer protection policies;(2) To protect consumers and legiti…

(1) As used in this part, unless the context otherwise requires:(1) “Attorney general” means the attorney general and reporter, or the attorney general and reporter's designee;(2) “Automatic renewal” means a plan or arrangement in which a paid subscription or purchasing agreement…

(a) Unfair or deceptive acts or practices affecting the conduct of any trade or commerce constitute unlawful acts or practices and are Class B misdemeanors. (b) The following unfair or deceptive acts or practices affecting the conduct of any trade or commerce are declared to be u…

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

(a) In the administration of this part, the attorney general may negotiate and accept an assurance of voluntary compliance with respect to any act or practice considered to violate this part, from any person who allegedly is engaging in, has engaged in, or, based upon information…

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

(a) (1) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the use or employment by another person of an unfair or deceptive act or practice described in…

Any action commenced pursuant to § 47-18-109 shall be brought within one (1) year from a person's discovery of the unlawful act or practice, but in no event shall an action under § 47-18-109 be brought more than five (5) years after the date of the consumer transaction giving ris…

(1) For purposes of this part:(1) “Appropriate inventory repurchase program” means a program by which a plan or operation repurchases, upon request and upon commercially reasonable terms, when the salesperson's business relationship with the company ends, current and marketable i…

(1) It is an offense for any person to knowingly establish, promote, or operate any pyramid promotional scheme in this state. (2) A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to rec…

Nothing in this part shall limit the authority of any state official from proceeding against pyramid promotional schemes for other violations of state law.

(a) The attorney general and reporter may, upon finding that any person is engaged in or about to engage in any act or practice that constitutes a pyramid promotional scheme in violation of this part, bring an action in the appropriate court of jurisdiction to enjoin such act or …

A violation of this part is a Class A misdemeanor.

A person who only participates in a pyramid promotional scheme may not be prosecuted under this part for any violation of this part. However, a person who knowingly establishes, promotes, or operates a pyramid promotional scheme shall be subject to prosecution pursuant to this pa…

(a) This part does not apply to:(1) Acts or transactions required or specifically authorized under the laws administered by, or rules and regulations promulgated by, any regulatory bodies or officers acting under the authority of this state or of the United States;(2) A publisher…

The powers and remedies provided in this part shall be cumulative and supplementary to all other powers and remedies otherwise provided by law. The invocation of one power or remedy herein shall not be construed as excluding or prohibiting the use of any other available remedy.

(a) No provision of this part may be limited or waived by contract, agreement, or otherwise, notwithstanding any other law to the contrary; provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warr…

The attorney general may bring any appropriate action or proceeding in any court of competent jurisdiction pursuant to this part.

This part, being deemed remedial legislation necessary for the protection of the consumers of the state of Tennessee and elsewhere, shall be construed to effectuate the purposes and intent. It is the intent of the general assembly that this part shall be interpreted and construed…

No costs shall be taxed against the attorney general in actions commenced under this part.

(a) Any publication of general circulation, at least twenty percent (20%) of the published copies of which are sold or distributed in the state of Tennessee, which publishes any advertisement by or on behalf of any person, firm or corporation selling or distributing alcoholic bev…

Upon receipt of a written request from the attorney general, failing to submit written answers concerning the basis upon which the approximate verifiable retail value was determined pursuant to the requirements of § 47-18-120(c)(1)(D) and (E), including supplying the attorney gen…

For the purposes of § 47-18-104(b)(6), any passenger motor vehicle which meets the requirements of the definition for a new passenger car in § 55-5-106(e)(5) shall be construed to be new.

(a) As used in this section, unless the context otherwise requires:(1) “Accepts,” “accepted,” or “acceptance” means the positive indication by a consumer or person, in response to an offer, that such person agrees to incur a monetary obligation or otherwise begins performance of …

(1) As used in this part, unless the context otherwise requires:(1) “Contaminant” or “contamination” means any health-related physical, chemical, biological, or radiological substance or matter in water;(2) “Person” means any individual, partnership, firm, corporation or associat…

(1) It is unlawful for any person to do any of the following in connection with the sale, lease, rental, offer to sell, lease, rent or other disposition of water treatment devices:(1) Make any untrue or misleading oral or written statements regarding the presence of one (1) or mo…

Any violation of this part is a prohibited practice under § 47-18-104.

(a) Any motor vehicle dealer not currently licensed as a motor vehicle dealer by the state of Tennessee, or any advertising cooperative composed of such unlicensed motor vehicle dealers, shall comply with all advertising requirements of title 55, chapter 17, including any regulat…

For the purpose of application of this part, any violation of part 2 of this chapter shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by this part.

(a) Any person who purchases, subscribes to or receives products, services or membership in any organization by negotiating an unsolicited negotiable instrument shall have thirty (30) days from the date of the first statement or bill for such services, products, membership or sub…

(a) As used in this section, unless the context otherwise requires:(1) “Prize” means a gift, award, incentive promotion, or other item or service of value. “Prize” includes, but is not limited to, anything of value that is offered or awarded to a participant in a real or purporte…

(a) As used in this section, unless the context otherwise requires:(1) “Elderly person” means any person who is sixty (60) years of age or older; and(2) “Specially targeted consumers” means elderly persons, persons under eighteen (18) years of age, and current and former military…

(a) Except as otherwise provided in subsection (b), no person that accepts credit cards or debit cards for the transaction of business shall print or cause to be printed more than five (5) digits of the card number or the expiration date upon either the receipt retained by the me…

(a) Subject to subsection (d), no person or entity shall sell a gift certificate to a purchaser containing an expiration date that is less than two (2) years after the date the gift certificate is issued or shall charge a fee for the issuance of a gift certificate. (b) No person …

(a) Any person providing goods or services who initiates a preauthorized debit card transaction that is more than twenty-five percent (25%) of the actual transaction amount, or fifty dollars ($50.00), whichever is greater, shall disclose at the time and point of sale that a hold …

(a) No supplier of novelty cigarette lighters in this state, including a manufacturer, distributor, importer, retailer or anyone giving away lighters as prizes or promotions, shall sell or give away an operable novelty lighter. This prohibition does not apply to the transportatio…

(a) For purposes of this section:(1) “Travel promoter” means a person who:(A) Maintains one (1) or more business entities or physical business locations in this state; and(B) Sells, provides, furnishes, contracts for, or arranges travel services on behalf of another person for a …