Title 47, Commercial Instruments And Transactions

(1) As used in this part, unless the context otherwise requires:(1) “Foreclosure-related rescue services” means any service related to or promising assistance in connection with:(A) Stopping, avoiding or delaying foreclosure proceedings concerning residential real property; or(B)…

(a) In the course of offering or providing foreclosure-related rescue services, no foreclosure-rescue consultant shall:(1) Engage in any unfair, misleading, or deceptive acts or practices during the course of advertising, marketing, offering, selling or contracting for foreclosur…

This part shall be known and may be cited as the “Uniform Debt-Management Services Act.”

(1) In this part:(1) “Administrator” means the commissioner of commerce and insurance;(2) “Affiliate”:(A) With respect to an individual, means:(i) The spouse of the individual;(ii) A sibling of the individual or the spouse of a sibling;(iii) An individual or the spouse of an indi…

(1) This part does not apply to: (1) An agreement with an individual whom the provider has no reason to know resides in this state at the time of the agreement;(2) A provider to the extent that the provider:(A) Provides or agrees to provide debt-management, educational or counsel…

(a) Except as otherwise provided in subsection (b), a provider may not provide debt-management services to an individual whom the provider reasonably should know resides in this state at the time the provider agrees to provide the services, unless the provider is registered under…

(a) An application for registration as a provider must be in a form prescribed by the administrator. (b) Subject to adjustment of dollar amounts pursuant to § 47-18-5532(f), an application for registration as a provider must be accompanied by:(1) The fee established by the admini…

(1) An application for registration must be signed under oath and include:(1) The applicant's name, principal business address and telephone number, and all other business addresses in this state, electronic-mail addresses and Internet web site addresses;(2) All names under which…

An applicant or registered provider shall notify the administrator within ten (10) days after a change in the information specified in § 47-18-5505(b)(4) or (b)(6) or § 47-18-5506(1), (3), (6), (12) or (13).

Except for the information required by § 47-18-5506(7), (14), and (17), and the addresses required by § 47-18-5506(4), the administrator shall make the information in an application for registration as a provider available to the public.

(a) Except as otherwise provided in subsections (c) and (d), the administrator shall issue a certificate of registration as a provider to a person that complies with §§ 47-18-5505 and 47-18-5506. (b) If an applicant has otherwise complied with §§ 47-18-5505 and 47-18-5506, includ…

(a) The administrator shall approve or deny an initial registration as a provider within one hundred twenty (120) days after an application is filed. In connection with a request pursuant to § 47-18-5506(19) for additional information, the administrator may extend the one hundred…

(a) A provider must obtain a renewal of its registration annually. (b) An application for renewal of registration as a provider must be in a form prescribed by the administrator, signed under oath; and:(1) Be filed no more than sixty (60) days before the registration expires;(2) …

(a) If a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, the provider may submit a copy of that license or certificate and the application for it instead of an application in the form prescribed by § 47-…

(a) Except as otherwise provided in § 47-18-5514, a provider that is required to be registered under this part shall file a surety bond with the administrator, which must:(1) Be in effect during the period of registration and for two (2) years after the provider ceases providing …

(a) Instead of the surety bond required by § 47-18-5513, a provider may deliver to the administrator, in the amount required by § 47-18-5513(b), and, except as otherwise provided in subdivision (a)(2)(A), payable or available to this state and to individuals who reside in this st…

A provider shall act in good faith in all matters under this part.

A provider that is required to be registered under this part shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a certified counselor, certified debt specialist or customer-service representative, as appropriate, …

(a) Before providing debt-management services, a registered provider shall give the individual an itemized list of goods and services and the charges for each. The list must be clear and conspicuous, be in a record the individual may keep whether or not the individual assents to …

(a) In this section:(1) “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family or household purposes; and(2) “Federal act” means the electronic signatures in the Global and National Commerce Act, compiled in 15 U.S.C. § …

(a) An agreement must:(1) Be in a record;(2) Be dated and signed by the provider and the individual;(3) Include the name of the individual and the address where the individual resides;(4) Include the name, business address and telephone number of the provider;(5) Be delivered to …

(a) An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) or § 47-18-5519 or § 47-18-5528, in which event the individual may cancel the agreement within thirty (…

Unless the administrator, by rule, provides otherwise, the disclosures and documents required by this part must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a translation into the other language…

(a) All money paid to a provider by or on behalf of an individual for distribution to creditors pursuant to a plan is held in trust. Within two (2) business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to w…

(a) A provider may not impose directly or indirectly a fee or other charge on an individual or receive money from or on behalf of an individual for debt-management services except as permitted by this section. (b) A provider may not impose charges or receive payment for debt-mana…

A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until thirty (30) days after completion or termination of a p…

(a) If a provider imposes a fee or other charge or receives money or other payments not authorized by § 47-18-5523 or § 47-18-5524, the individual may void the agreement and recover as provided in § 47-18-5535. (b) If a provider is not registered as required by this part when an …

(a) If an individual who has entered into an agreement fails for sixty (60) days to make payments required by the agreement, a provider may terminate the agreement. (b) If a provider or an individual terminates an agreement, the provider shall immediately return to the individual…

(a) A provider shall provide the accounting required by subsection (b):(1) Upon cancellation or termination of an agreement; and(2) Before cancellation or termination of any agreement:(A) At least once each month; and(B) Within five (5) business days after a request by an individ…

(a) A provider may not, directly or indirectly:(1) Misappropriate or misapply money held in trust;(2) Settle a debt on behalf of an individual for more than fifty percent (50%) of the outstanding amount of the debt owed a creditor, unless the individual assents to the settlement …

No later than thirty (30) days after a provider has been served with notice of a civil action for violation of this part by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is served, the provider shall notify the a…

(a) If the agreements of a provider contemplate that creditors will reduce finance charges or fees for late payment, default or delinquency and the provider advertises debt-management services, it shall disclose, in an easily comprehensible manner, that using a debt-management pl…

If a provider delegates any of its duties or obligations under an agreement or this part to another person, including an independent contractor, the provider is liable for conduct of the person that, if done by the provider, would violate the agreement or this part.

(a) The administrator may act on its own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this part, refer cases to the attorney general and reporter, or a district attorney general or other appropriate law enforc…

(a) The administrator may enforce this part and rules adopted under this part by taking one (1) or more of the following actions:(1) Ordering a provider or a director, employee or other agent of a provider to cease and desist from any violations;(2) Ordering a provider or a perso…

(a) In this section, “insolvent” means:(1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good faith dispute;(2) Being unable to pay debts as they become due; or(3) Being insolvent within the meaning of the federal bankruptcy law…

(a) If an individual voids an agreement pursuant to § 47-18-5525(b), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under subdivisi…

If an act or practice of a provider violates both this part and the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter, an individual may not recover under both for the same act or practice.

(a) An action or proceeding brought pursuant to § 47-18-5533(a), (b), or (c) shall be commenced within four (4) years after the administrator opens a complaint. (b) An action brought pursuant to § 47-18-5535 must be commenced within two (2) years after the latest of:(1) The indiv…

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, codified in 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the…

Transactions entered into before this part takes effect and the rights, duties and interests resulting from them may be completed, terminated or enforced as required or permitted by a law amended, repealed or modified by this part as though the amendment, repeal or modification h…

If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of th…

Beginning on July 1, 2015, administration of this part on behalf of the administrator shall be attached to the division of regulatory boards in the department of commerce and insurance.

The department shall combine all moneys received and expenses incurred pursuant to the Uniform Debt-Management Services Act and the Tennessee Credit Services Businesses Act, compiled in part 10 of this chapter, into a single fund for the purpose of administering the acts.

(1) As used in this part:(1) “Air ambulance membership agreement”:(A) Means an agreement in exchange for consideration to pay for, indemnify, or provide an amount to a person for the cost of air ambulance services; and(B) Does not include a health insurance plan or policy regulat…