Title 47, Commercial Instruments And Transactions

(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.”

(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) “Audiovisual work” means the electronic or physical embodiment of motion pictures, television progra…

This part applies to any person who owns or operates a web site or online service dealing in the electronic dissemination of commercial recordings or audiovisual works, directly or indirectly, to one (1) or more consumers or other persons in this state.

(a) It shall be unlawful for any person who is subject to this part under § 47-18-403 to fail to clearly and conspicuously disclose their true and correct name, physical address, and telephone number on their website or online service in a location readily accessible to users of,…

In addition to any other remedies, the attorney general and reporter, or a district attorney general of a county in which or from which a violation of this part is made, may bring an action to enjoin any practice in violation of this part, enforce compliance with this part, and r…

(a) If a person is found to be in violation of this part in a civil action, the court shall assess a civil penalty against the offending party in an amount up to two thousand five hundred dollars ($2,500). (b) If a person found to be in violation of this part in a civil action fa…

(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977. (b) For the purpose of application of the Tennessee Consumer Protection Act of 1977, a violation of this part constitutes an unfair or deceptive act or practice affecting trade …

(a) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this part may bring a private cause of action to obtain a declaratory judgment that an act or p…

This part is known as the “Genetic Information Privacy Act.”

(1) As used in this part:(1) “Biological sample” means a human material known to contain DNA, including tissue, blood, urine, or saliva;(2) “Consumer” means an individual who is a resident of the state;(3) “Deidentified data” means data that:(A) (i) Cannot reasonably be linked to…

(1) This part does not apply to:(1) Protected health information that is collected by a covered entity or business associate as those terms are defined in 45 CFR Parts 160 and 164;(2) A public or private institution of higher education;(3) An entity owned or operated by a public …

(a) A direct-to-consumer genetic testing company shall:(1) Provide to a consumer:(A) Essential information about the company's collection, use, and disclosure of genetic data; and(B) A prominent, publicly available privacy notice that includes information about the company's data…

(1) A direct-to-consumer genetic testing company shall not disclose a consumer's genetic data without first obtaining the consumer's written consent to:(1) An entity that offers health insurance, life insurance, or long-term care insurance; or(2) An employer of the consumer. (1) …

(1) The division of consumer affairs in the office of the attorney general and reporter shall enforce this part. The division shall:(1) Establish a means by which a consumer can submit a complaint for a violation of this part; and(2) Promulgate rules to effectuate this part. The …

(a) There is created a division of consumer affairs in the office of the attorney general and reporter. (b) The division of consumer affairs is headed by a director of consumer affairs who is appointed by, and serves at the pleasure of, the attorney general and reporter.

(1) The attorney general and reporter has the power to employ such personnel as may be necessary and appropriate to accomplish the purposes of this chapter, and the attorney general and reporter, or the attorney general's designee, shall:(1) Serve as the central coordinating agen…

The director shall develop and implement a plan to receive and disseminate on the attorney general and reporter's website reports of scams, schemes, swindles, and other frauds that target adults, as defined in § 71-6-102.

(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) “Business day” means any day other than a Saturday, Sunday, or legal holiday;(3) “Buyer” or “member”…

(a) Any person who has elected to become a member of a club may cancel such membership by giving written notice any time before twelve o'clock (12:00) midnight of the third business day following the date on which membership was attained, subject to § 47-18-503. Such cancellation…

(a) A fully completed copy of every contract shall be delivered to the member at the time the contract is signed. Every contract shall constitute the entire agreement between seller and member, shall be in writing, shall be signed by the member, shall designate the date on which …

(a) Every contract shall provide that if any goods, except furniture or custom manufactured goods, ordered by the member from the buying club, are not delivered to the member or available for pick up by the member at the location where the order was placed within six (6) weeks fr…

No contract shall be valid for a term longer than eighteen (18) months from the date upon which the contract is signed. However, a club may allow a member to convert such member's contract into a contract for a period longer than eighteen (18) months after the member has been a m…

(1) This part shall not apply to:(1) Any buyers club in which the total consideration paid by each buyer in any manner whatsoever under the contract for discount buying services does not exceed fifty dollars ($50.00) over the expected life of the contract;(2) Any buyers club in w…

(a) It is unlawful for any buying club to fail to disclose to a prospective member in writing, prior to the sale of any contract for discount buying services:(1) That goods or services can only be bought through catalogs with no opportunity to inspect samples if such is the case;…

Any waiver by the member of this part shall be deemed contrary to public policy and shall be void and unenforceable.

A violation of this part shall constitute 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…

(1) The general assembly finds and declares that:(1) The threats of terrorism are real and could impose horrific social and economic damage on Tennessee;(2) Terrorist attacks can dismantle the stability of markets and free trade;(3) Pricing of consumer goods and services is gener…

(1) As used in this part, unless the context otherwise requires:(1) “Abnormal economic disruption” means a disruption or anticipated disruption to usual business conditions caused by a natural or man-made disaster or emergency resulting from a terrorist attack, war, strike, civil…

(a) (1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal econom…

(a) Violation of any provision of this part, or any rules and regulations promulgated hereunder, constitutes an unfair or deceptive act or practice under § 47-18-104(a); provided, that no criminal penalty shall be incurred for violation of this part. A civil action for violation …

This part shall be known and may be cited as the “Anti-Phishing Act of 2006.”

(1) As used in this part, unless the context otherwise requires:(1) “Ascertainable loss” means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice, even when the precise amount of the loss is…

(a) It shall be unlawful for any person to represent oneself, either directly or by implication, to be another person, without the authorization or permission of such other person, through the use of the Internet, electronic mail messages or any other electronic means, including …

(a) The following persons may bring an action against a person who violates or is in violation of § 47-18-5203:(1) (A) A person who:(i) Is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark; and(ii) Suffers ascertainab…

(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…