Title 47, Commercial Instruments And Transactions

(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.

(1) As used in this part, unless the context otherwise requires:(1) “Credit card” means any card, token, or similar identification device which is issued for the purpose of obtaining money, services, or merchandise pursuant to a credit arrangement;(2) “Person” means any individua…

(a) If an unsolicited credit card is issued to any person in this state, such person shall not be deemed as having accepted the credit card and being subject to the terms of the agreement governing the use of the credit card, and shall not be liable for its unauthorized use by fa…

(a) Any person who has assumed liability for a credit card, either by authorizing its issuance, or as provided in § 47-22-102, and who exercises reasonable care in its use and safekeeping, shall not be liable for the unauthorized use of such card. (b) (1) “Reasonable care” within…

(a) As used in this section, “person” means any individual, corporation, partnership or association. (b) Except as otherwise provided in subsection (e), no person shall, as a means of identification or for any other purpose, require that a person produce a credit card number for …

(1) As used in this part, unless the context otherwise requires:(1) “Account” means the account between a card issuer and one (1) or more cardholders reflecting the outstanding balance of card transactions;(2) “Account agreement” means the contract between the card issuer and the…

(a) A cardholder may terminate a multiple-party account to which the cardholder is a party by:(1) Delivery to the issuer of written notice of termination, which shall include:(A) The account number;(B) The name(s) and current address(es) of all cardholders and card users on the a…

A cardholder's notice of termination is delivered to the issuer when received at the address designated in the card issuer's most recent billing statement for receipt of notices of billing errors, or, if no such address is designated, at the address designated therein for receipt…

(a) Termination by a cardholder of an account is effective on the second business day (as to the card issuer) following delivery to the issuer of the notice of termination or on such later date as is specified in the notice. From and after termination, no cardholder or card user …

(1) As used in this part:(1) “Account purchase transaction” means an agreement under which a commercial entity sells accounts, instruments, documents, or chattel paper to another commercial entity subject to a discount or fee, regardless of whether the commercial entity has a rep…

(a) A creditor's records shall include, but are not limited to, written or electronic records of an original creditor, issuer, or succeeding creditor that have been acquired by the creditor through a contractual agreement, an account purchase transaction or assignment in the cred…

(1) As used in this part:(1) “Agreement” means a contract to provide payment services;(2) “Bank holding company”:(A) Has the same meaning as defined in 12 U.S.C. § 1841;(B) Includes any subsidiaries or affiliates, as defined in 12 U.S.C. § 1841, of a bank holding company; and(C) …

(1) Any payment acquirer that contracts directly with a merchant to provide payment services shall:(1) Provide the merchant with information indicating where the merchant may obtain access to the operating rules, regulations, and bylaws applicable under the agreement with the mer…

(a) If a payment acquirer fails to comply with § 47-22-402, the merchant may terminate the agreement; provided, however, prior to terminating the agreement, the merchant shall provide the payment acquirer written notice of the payment acquirer's failure to comply with § 47-22-402…

(a) Except as otherwise provided in subsection (b), any person that contracts with a merchant to lease a device that enables credit card, debit card, or other payment card processing shall ensure that the written contract between the payment processor and merchant clearly and con…

If a person fails to comply with § 47-22-404, the merchant may terminate the contract with the person to lease a device that enables credit card, debit card, or other payment card processing.

(a) (1) When a borrower is required to keep real estate insured and to furnish evidence of such insurance to a lender as a condition for obtaining or keeping the loan, then the lender, mortgagee, assignee, or creditor is prohibited from disclosing to other persons or parties, dir…

(a) (1) When a borrower is required to keep real estate insured and to furnish evidence of such insurance to a lender or creditor as a condition for obtaining or keeping the loan, then the lender, mortgagee, assignee, creditor, or any person acting on that person's behalf, who re…

(a) Each creditor shall notify its debtors of the creditor's change of address, within fifteen (15) days of such change of address, if failure to so notify may result in a debtor being assessed late charges or additional interest for failure to timely submit payment. (b) Each vio…

“Equity participations” means loan transactions in which the lender, in addition to interest and other amounts received pursuant to and rights resulting from the loan transaction, has the right, subject to § 47-24-102, to participate in the borrower's enterprise or venture to the…

(a) A lender has the right to participate in the borrower's enterprise or venture to such extent as may be set forth in a written agreement between the lender and the borrower; provided, that the original principal amount of the funds advanced to the borrower pursuant to the loan…

This part shall be known and may be cited as the “Tennessee Consignment of Art Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Art dealer” means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction;(2) “Artist” means the person who creates a …

Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or ot…

(1) A consignment of a work of art shall result in all of the following:(1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within the state of Tennessee;(2) The work of …

(a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to…

Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this part is void.

All arrangements, contracts, agreements, trusts, or combinations between persons or corporations made with a view to lessen, or which tend to lessen, full and free competition in trade or commerce affecting this state, and all arrangements, contracts, agreements, trusts, or combi…

It is unlawful for any corporation or person to monopolize, attempt to monopolize, conspire to monopolize, or maintain a monopoly over any part of trade or commerce affecting this state.

(a) Any violation of either § 47-25-101 or § 47-25-102 is declared to be destructive of full and free competition and a conspiracy against trade, and any person who engages in any such conspiracy or who, as principal, manager, director, or agent, or in any other capacity, knowing…

(a) Section 28-1-113 applies to all actions brought by the attorney general and reporter under this part. (b) Section 28-3-105 applies to all actions brought by any other person under this part.

Where necessary to consider the competitive effects of conduct or an agreement challenged under this part, a court shall consider exclusively the actual or reasonably likely effects of the challenged conduct or agreement on full and free competition. A full and free competitive p…

(a) Any person who is directly or indirectly injured or damaged by any violation of this part may individually sue for and recover, in any court of competent jurisdiction, equitable relief and actual damages; provided, that such an action by a natural person must not be filed or …

(a) Upon the trial of any civil action against any person for a violation of any of the provisions of §§ 47-25-101 — 47-25-106, all officers, stockholders, and agents of such corporation, person, or copartnership shall be competent witnesses against the defendant, as such, on tri…

Conduct may be actionable as a violation of § 47-25-101 or § 47-25-102 and also constitute unfair or deceptive acts or practices actionable under the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title; provided, that the court shall exclude fr…

(a) It is unlawful for any person engaged in the business of manufacturing in this or any other state to give away or sell for a less price than the cost of manufacture, any manufactured article in this state, with the intent and purpose of destroying honest competition; provided…

(a) If the commissioner of agriculture has reason to believe that any cooperative marketing association, organized or doing business in this state, under title 43, chapter 18, monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly en…

This part shall be known and may be cited as the “Ensuring Likeness, Voice, and Image Security Act of 2024.”

(1) As used in this part, unless the context otherwise requires:(1) “Definable group” means an assemblage of individuals existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd…