Tenn. Code Ann. § 47-25-506 — TN Code / Title 47 / Chapter 25 / Section 47-25-506
Duration and renewal
Status: in_force

(a) A registration of mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration. (b) A registration may be renewed for successive periods of five (5) years in like manner. Any registration in force on June 4, 2000, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the aforementioned renewal fee therefor within six (6) months prior to the expiration of the registration. (c) All applications for renewal under this part, whether of registrations made under this part or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services. Acts 1982, ch. 698, § 6; T.C.A., §§ 69-534, 47-25-426, 47-25-505; Acts 2000, ch. 671, § 1.
(a) A registration of mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration.
(b) A registration may be renewed for successive periods of five (5) years in like manner. Any registration in force on June 4, 2000, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the aforementioned renewal fee therefor within six (6) months prior to the expiration of the registration.
(c) All applications for renewal under this part, whether of registrations made under this part or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.
Acts 1982, ch. 698, § 6; T.C.A., §§ 69-534, 47-25-426, 47-25-505; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-50-103 — TN Code / Title 47 / Chapter 50 / Section 47-50-103
Written contracts prima facie evidence of consideration
Status: in_force

All contracts in writing signed by the party to be bound, or the party's authorized agent and attorney, are prima facie evidence of a consideration. Code 1858, §1805; Shan., § 3214; Code 1932, § 7829; T.C.A. (orig. ed.), §§ 47-1702, 47-15-103.
All contracts in writing signed by the party to be bound, or the party's authorized agent and attorney, are prima facie evidence of a consideration.
Code 1858, §1805; Shan., § 3214; Code 1932, § 7829; T.C.A. (orig. ed.), §§ 47-1702, 47-15-103.
Tenn. Code Ann. § 47-2-721 — TN Code / Title 47 / Chapter 2 / Section 47-2-721
Remedies for fraud
Status: in_force

Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy. Acts 1963, ch. 81, § 1 (2-721).
Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
Acts 1963, ch. 81, § 1 (2-721).
Tenn. Code Ann. § 47-18-4903 — TN Code / Title 47 / Chapter 18 / Section 47-18-4903
Part applicability
Status: in_force

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 or private institution of higher education; (4) Biomedical or academic research conducted by a research hospital, academic medical center, or other entity affiliated with such hospital or medical center that is not a direct-to-consumer genetic testing company; (5) Genetic data that is shared with or by a research hospital, academic medical center, or other entity affiliated with such hospital or medical center that is not a direct-to-consumer genetic testing company for the purposes of biomedical or academic research or to find causes of or cures for a disease or medical condition; or (6) The sharing of genetic data that does not require consent pursuant to the Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46. Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
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 or private institution of higher education;
(4) Biomedical or academic research conducted by a research hospital, academic medical center, or other entity affiliated with such hospital or medical center that is not a direct-to-consumer genetic testing company;
(5) Genetic data that is shared with or by a research hospital, academic medical center, or other entity affiliated with such hospital or medical center that is not a direct-to-consumer genetic testing company for the purposes of biomedical or academic research or to find causes of or cures for a disease or medical condition; or
(6) The sharing of genetic data that does not require consent pursuant to the Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46.
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 47-2-510 — TN Code / Title 47 / Chapter 2 / Section 47-2-510
Effect of breach on risk of loss
Status: in_force

(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance. (2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning. (3) Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time. Acts 1963, ch. 81, § 1 (2-510).
(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance.
(2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning.
(3) Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.
Acts 1963, ch. 81, § 1 (2-510).
Tenn. Code Ann. § 47-25-1311 — TN Code / Title 47 / Chapter 25 / Section 47-25-1311
Actions for civil damages - Injunctions
Status: in_force

(a) A retailer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier's violations together with all costs and attorneys' fees. (b) The retailer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances of the retail agreement. The remedies in this section are in addition to any other remedies permitted by law. Acts 1999, ch. 193, § 12.
(a) A retailer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier's violations together with all costs and attorneys' fees.
(b) The retailer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances of the retail agreement. The remedies in this section are in addition to any other remedies permitted by law.
Acts 1999, ch. 193, § 12.
Tenn. Code Ann. § 47-18-3004 — TN Code / Title 47 / Chapter 18 / Section 47-18-3004
Requirements for words and statements and disclosures
Status: in_force

(a) Any words or statements required by this section to appear in a legal advertisement must be presented clearly and conspicuously. (b) Written disclosures must be clearly legible and, if televised or displayed electronically, displayed for a sufficient time to enable a viewer to easily see and fully read the disclosure. (c) Spoken disclosures must be plainly audible and clearly intelligible. Acts 2019, ch. 119, § 1.
(a) Any words or statements required by this section to appear in a legal advertisement must be presented clearly and conspicuously.
(b) Written disclosures must be clearly legible and, if televised or displayed electronically, displayed for a sufficient time to enable a viewer to easily see and fully read the disclosure.
(c) Spoken disclosures must be plainly audible and clearly intelligible.
Acts 2019, ch. 119, § 1.
Tenn. Code Ann. § 47-18-5510 — TN Code / Title 47 / Chapter 18 / Section 47-18-5510
Timing of certificate of registration
Status: in_force

(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 twenty-day period for not more than sixty (60) days. Within seven (7) days after denying an application, the administrator, in a record, shall inform the applicant of the reasons for the denial. (b) If the administrator does not act on an application within the time prescribed in subsection (a), the applicant may appeal and request a hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (c) Subject to §§ 47-18-5511(d) and 47-18-5534 , a registration as a provider is valid for one (1) year. Amended by 2015 Tenn. Acts, ch. 339,s 26, eff. 7/1/2015. Acts 2009, ch. 469, § 1.
(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 twenty-day period for not more than sixty (60) days. Within seven (7) days after denying an application, the administrator, in a record, shall inform the applicant of the reasons for the denial.
(b) If the administrator does not act on an application within the time prescribed in subsection (a), the applicant may appeal and request a hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c) Subject to §§ 47-18-5511(d) and 47-18-5534 , a registration as a provider is valid for one (1) year.
Amended by 2015 Tenn. Acts, ch. 339,s 26, eff. 7/1/2015.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-18-1007 — TN Code / Title 47 / Chapter 18 / Section 47-18-1007
Violations - Proof of exemption
Status: in_force

(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 shall be void and unenforceable as contrary to the public policy of this state. (c) Any waiver by a consumer of any of the provisions of this part shall be deemed void and unenforceable by a credit services business as contrary to public policy of this state, and any attempt by a credit services business to have a consumer waive rights given by this part constitutes a violation of this part. (d) In any proceeding involving this part, the burden of proving an exemption or an exception from the definition is upon the person claiming it. Acts 1988, ch. 897, § 7.
(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 shall be void and unenforceable as contrary to the public policy of this state.
(c) Any waiver by a consumer of any of the provisions of this part shall be deemed void and unenforceable by a credit services business as contrary to public policy of this state, and any attempt by a credit services business to have a consumer waive rights given by this part constitutes a violation of this part.
(d) In any proceeding involving this part, the burden of proving an exemption or an exception from the definition is upon the person claiming it.
Acts 1988, ch. 897, § 7.
Tenn. Code Ann. § 47-4a-401 — TN Code / Title 47 / Chapter 4a / Section 47-4a-401
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 4 - PAYMENT (§§ 47-4A-401 — 47-4A-406) Section 47-4A-401 - Payment date
Status: in_force

"Payment date" of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary's bank and, unless otherwise determined, is the day the order is received by the beneficiary's bank. Acts 1991, ch. 52, § 1.
"Payment date" of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary's bank and, unless otherwise determined, is the day the order is received by the beneficiary's bank.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-25-1801 — TN Code / Title 47 / Chapter 25 / Section 47-25-1801
Definitions
Status: in_force

The terms "inventory", "retailer", and "supplier" shall have the same meaning as provided in § 47-25-1301 . Acts 2001, ch. 425, § 1.
The terms "inventory", "retailer", and "supplier" shall have the same meaning as provided in § 47-25-1301 .
Acts 2001, ch. 425, § 1.
Tenn. Code Ann. § 47-18-1705 — TN Code / Title 47 / Chapter 18 / Section 47-18-1705
Exemptions
Status: in_force

This part does not apply to: (1) Employee trade associations engaged in the procurement of employment for public school teachers and administrators; (2) Employment services established and operated by this state, any political subdivision of this state or the United States; (3) Labor union organizations; (4) Musician booking agencies; (5) Employee trade associations engaged in the procurement of employment for nurses; (6) Any health care provider who provides health care services and who is licensed pursuant to title 63 or title 68, chapter 11; or (7) Any public or private college or university in the state; provided, that no recruiting fee is exacted from the salary or wages of the employee for services rendered. Acts 1996, ch. 731, § 6.
This part does not apply to:
(1) Employee trade associations engaged in the procurement of employment for public school teachers and administrators;
(2) Employment services established and operated by this state, any political subdivision of this state or the United States;
(3) Labor union organizations;
(4) Musician booking agencies;
(5) Employee trade associations engaged in the procurement of employment for nurses;
(6) Any health care provider who provides health care services and who is licensed pursuant to title 63 or title 68, chapter 11; or
(7) Any public or private college or university in the state; provided, that no recruiting fee is exacted from the salary or wages of the employee for services rendered.
provided, that no recruiting fee is exacted from the salary or wages of the employee for services rendered.
Acts 1996, ch. 731, § 6.
Tenn. Code Ann. § 47-18-1008 — TN Code / Title 47 / Chapter 18 / Section 47-18-1008
Damages, private actions
Status: in_force

(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 result of the failure, or any amount paid by the person to the credit services business whichever is greater. This remedy is supplemental to any other remedy contained within this chapter. (2) Such amount of punitive damages as the court may allow. (b) In any private action, any credit services business which is negligent in failing to comply with any requirement imposed under this part with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure. Acts 1988, ch. 897, § 8; 1998, ch. 854, § 6.
(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 result of the failure, or any amount paid by the person to the credit services business whichever is greater. This remedy is supplemental to any other remedy contained within this chapter. (2) Such amount of punitive damages as the court may allow.
(1) Any actual damages sustained by the consumer as a result of the failure, or any amount paid by the person to the credit services business whichever is greater. This remedy is supplemental to any other remedy contained within this chapter.
(2) Such amount of punitive damages as the court may allow.
(b) In any private action, any credit services business which is negligent in failing to comply with any requirement imposed under this part with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure.
Acts 1988, ch. 897, § 8; 1998, ch. 854, § 6.
Tenn. Code Ann. § 47-30-104 — TN Code / Title 47 / Chapter 30 / Section 47-30-104
Compliance - Noncomplying loans unenforceable - Counseling
Status: in_force

(a) No authorized lender shall issue a reverse mortgage loan contract unless it complies with all requirements for participation in HUD's Home Equity Conversion Mortgage Program (or other similar federal reverse mortgage loan program from time to time created) and is insured by the federal housing administration or other similar federal agency or is a Fannie Mae Reverse Mortgage Loan. (b) Any home equity conversion loan, reverse mortgage loan, mortgage or deed of trust which fails to comply with this chapter is unenforceable as to all interest, service fees, and insurance premiums incurred on the loan. (c) Prior to accepting an application for a home equity conversion loan, an authorized lender shall refer the borrower to a counselor and shall receive certification from the counselor that all borrowers have received counseling. Acts 1993, ch. 410, §5; 1997 , ch. 286, § 5.
(a) No authorized lender shall issue a reverse mortgage loan contract unless it complies with all requirements for participation in HUD's Home Equity Conversion Mortgage Program (or other similar federal reverse mortgage loan program from time to time created) and is insured by the federal housing administration or other similar federal agency or is a Fannie Mae Reverse Mortgage Loan.
(b) Any home equity conversion loan, reverse mortgage loan, mortgage or deed of trust which fails to comply with this chapter is unenforceable as to all interest, service fees, and insurance premiums incurred on the loan.
(c) Prior to accepting an application for a home equity conversion loan, an authorized lender shall refer the borrower to a counselor and shall receive certification from the counselor that all borrowers have received counseling.
Acts 1993, ch. 410, §5; 1997 , ch. 286, § 5.
Tenn. Code Ann. § 47-16-110 — TN Code / Title 47 / Chapter 16 / Section 47-16-110
Annual fee - Limitation on term of transaction - Obligations from one transaction not to be included in subsequent transaction
Status: in_force

(a) All consumers entering into litigation financing transactions shall pay the litigation financier an annual fee of not more than ten percent (10%) of the original amount of money provided to the consumer for the litigation financing transaction. (b) Litigation financiers shall not charge a consumer the annual fee authorized by subsection (a) more than one (1) time each year with regard to any single legal claim regardless of the number of litigation financing transactions that the litigation financier enters into with the consumer with respect to such legal claim. (c) Litigation financing transactions shall not exceed a term of three (3) years and are limited to a maximum yearly fee, which shall be calculated to include any underwriting and organization fees, and any other charges, fees, or consideration, not to exceed three hundred sixty dollars ($360) per year, up to a maximum of three (3) years, for each one thousand dollars ($1,000) of the unpaid principal amount of the funds advanced to the consumer. The maximum yearly fee shall not include the annual fee pursuant to subsection (a). (d) Litigation financiers shall not enter into an agreement with a consumer that has the effect of incorporating the consumer's obligations to the litigation financier that are contained in the original litigation financing transaction into a subsequent litigation financing transaction. Acts 2014, ch. 819, § 1.
(a) All consumers entering into litigation financing transactions shall pay the litigation financier an annual fee of not more than ten percent (10%) of the original amount of money provided to the consumer for the litigation financing transaction.
(b) Litigation financiers shall not charge a consumer the annual fee authorized by subsection (a) more than one (1) time each year with regard to any single legal claim regardless of the number of litigation financing transactions that the litigation financier enters into with the consumer with respect to such legal claim.
(c) Litigation financing transactions shall not exceed a term of three (3) years and are limited to a maximum yearly fee, which shall be calculated to include any underwriting and organization fees, and any other charges, fees, or consideration, not to exceed three hundred sixty dollars ($360) per year, up to a maximum of three (3) years, for each one thousand dollars ($1,000) of the unpaid principal amount of the funds advanced to the consumer. The maximum yearly fee shall not include the annual fee pursuant to subsection (a).
(d) Litigation financiers shall not enter into an agreement with a consumer that has the effect of incorporating the consumer's obligations to the litigation financier that are contained in the original litigation financing transaction into a subsequent litigation financing transaction.
Acts 2014, ch. 819, § 1.
Tenn. Code Ann. § 47-18-405 — TN Code / Title 47 / Chapter 18 / Section 47-18-405
Action by attorney general and reporter or district attorney general to enforce part
Status: in_force

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 recover the civil penalty and attorney's fees required by § 47-18-406 . Acts 2014, ch. 595, § 1.
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 recover the civil penalty and attorney's fees required by § 47-18-406 .
Acts 2014, ch. 595, § 1.
Tenn. Code Ann. § 47-25-903 — TN Code / Title 47 / Chapter 25 / Section 47-25-903
Misrepresentation of sale at wholesale unlawful
Status: in_force

It is an unlawful practice for any seller or transferor of any household furniture, appliances, or floor covering merchandise at retail, whether the seller or transferor stocks the merchandise or not, to advertise, claim, or imply that any sale or other transfer of the merchandise is a sale or transfer at wholesale, unless such sale or transfer is made to the transferee for resale, and unless the state of Tennessee is not entitled to collect upon such sale or transfer the Tennessee state sales tax, as set out in the "Retailers' Sales Tax Act," compiled in title 67, chapter 6. Acts 1957, ch. 410, § 4; T.C.A., §§ 69-603, 47-25-503.
It is an unlawful practice for any seller or transferor of any household furniture, appliances, or floor covering merchandise at retail, whether the seller or transferor stocks the merchandise or not, to advertise, claim, or imply that any sale or other transfer of the merchandise is a sale or transfer at wholesale, unless such sale or transfer is made to the transferee for resale, and unless the state of Tennessee is not entitled to collect upon such sale or transfer the Tennessee state sales tax, as set out in the "Retailers' Sales Tax Act," compiled in title 67, chapter 6.
Acts 1957, ch. 410, § 4; T.C.A., §§ 69-603, 47-25-503.
Tenn. Code Ann. § 47-3-603 — TN Code / Title 47 / Chapter 3 / Section 47-3-603
Tender of payment
Status: in_force

(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. (b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. (c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. Acts 1995, ch. 397, § 2.
(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.
(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-1106 — TN Code / Title 47 / Chapter 18 / Section 47-18-1106
Participants in scheme not subject to prosecution under part
Status: in_force

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 part. Acts 2014, ch. 802, § 1.
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 part.
Acts 2014, ch. 802, § 1.
Tenn. Code Ann. § 47-50-119 — TN Code / Title 47 / Chapter 50 / Section 47-50-119
Tentative ticket policy - Disclosure - Violation
Status: in_force

(a) A reseller shall not utilize a tentative ticket policy, unless disclosed to a ticket purchaser at the outset of the transaction, under which the reseller sells tickets that are not: (1) Owned by the reseller; (2) Under contract or any other agreement to be transferred to the reseller; or (3) In the reseller's possession at the time of sale. (b) Disclosure of a tentative ticket policy must include an approximate delivery date and the number of tickets that are guaranteed to be grouped together, including any designation by the venue of an assigned seating zone, section number, or seat number. If the reseller cannot guarantee specific seats because the tickets are not owned by the reseller, under contract or any other type of agreement to be transferred to the reseller, or in the reseller's possession, then the reseller shall disclose this fact to a ticket purchaser at the outset of the transaction. If the reseller is unsuccessful in securing the tentative tickets, then the reseller shall refund any deposit made by the purchaser of those tickets no later than ten (10) days after the date of the ticketed event. (c) A violation of this section constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title. (d) For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this section constitutes an unfair or deceptive act or practice affecting the conduct of trade or commerce and is subject to the penalties and remedies as provided by the Tennessee Consumer Protection Act of 1977. Each act in violation of this section constitutes a separate violation. Added by 2019 Tenn. Acts, ch. 127,s 1, eff. 4/9/2019.
(a) A reseller shall not utilize a tentative ticket policy, unless disclosed to a ticket purchaser at the outset of the transaction, under which the reseller sells tickets that are not: (1) Owned by the reseller; (2) Under contract or any other agreement to be transferred to the reseller; or (3) In the reseller's possession at the time of sale.
(1) Owned by the reseller;
(2) Under contract or any other agreement to be transferred to the reseller; or
(3) In the reseller's possession at the time of sale.
(b) Disclosure of a tentative ticket policy must include an approximate delivery date and the number of tickets that are guaranteed to be grouped together, including any designation by the venue of an assigned seating zone, section number, or seat number. If the reseller cannot guarantee specific seats because the tickets are not owned by the reseller, under contract or any other type of agreement to be transferred to the reseller, or in the reseller's possession, then the reseller shall disclose this fact to a ticket purchaser at the outset of the transaction. If the reseller is unsuccessful in securing the tentative tickets, then the reseller shall refund any deposit made by the purchaser of those tickets no later than ten (10) days after the date of the ticketed event.
(c) A violation of this section constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title.
(d) For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this section constitutes an unfair or deceptive act or practice affecting the conduct of trade or commerce and is subject to the penalties and remedies as provided by the Tennessee Consumer Protection Act of 1977. Each act in violation of this section constitutes a separate violation.
Added by 2019 Tenn. Acts, ch. 127,s 1, eff. 4/9/2019.
Tenn. Code Ann. § 47-18-1605 — TN Code / Title 47 / Chapter 18 / Section 47-18-1605
[Renumbered]
Status: repealed

Renumbered as 4-49-205 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023. Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Renumbered as 4-49-205 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 47-8-307 — TN Code / Title 47 / Chapter 8 / Section 47-8-307
Purchaser's right to requisites for registration of transfer
Status: in_force

Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other requisite necessary to obtain registration of the transfer of the security, but if the transfer is not for value, a transferor need not comply unless the purchaser pays the necessary expenses. If the transferor fails within a reasonable time to comply with the demand, the purchaser may reject or rescind the transfer. Acts 1997, ch. 79, § 1.
Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other requisite necessary to obtain registration of the transfer of the security, but if the transfer is not for value, a transferor need not comply unless the purchaser pays the necessary expenses. If the transferor fails within a reasonable time to comply with the demand, the purchaser may reject or rescind the transfer.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-3-412 — TN Code / Title 47 / Chapter 3 / Section 47-3-412
Obligation of issuer of note or cashier's check
Status: in_force

The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 47-3-115 and 47-3-407 . The obligation is owed to a person entitled to enforce the instrument or to an endorser who paid the instrument under § 47-3-415 . Acts 1995, ch. 397, § 2.
The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 47-3-115 and 47-3-407 . The obligation is owed to a person entitled to enforce the instrument or to an endorser who paid the instrument under § 47-3-415 .
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-25-1215 — TN Code / Title 47 / Chapter 25 / Section 47-25-1215
Progress reports
Status: in_force

With respect to each and every contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract, at quarterly intervals throughout the term of the contract, a written statement of the services performed to date; provided, that the first such statement need not be delivered until one hundred eighty (180) days after the contract is executed. Acts 1977, ch. 436, § 9; T.C.A., § 47-20-115.
With respect to each and every contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract, at quarterly intervals throughout the term of the contract, a written statement of the services performed to date; provided, that the first such statement need not be delivered until one hundred eighty (180) days after the contract is executed.
Acts 1977, ch. 436, § 9; T.C.A., § 47-20-115.
Tenn. Code Ann. § 47-25-906 — TN Code / Title 47 / Chapter 25 / Section 47-25-906
Injunctions - Damages
Status: in_force

Any person is entitled to sue for and have injunctive relief, in any court having jurisdiction over the parties, against threatened loss or damage by a violation of any provision of this part, and any such person is also entitled to recover any actual damage suffered. Acts 1957, ch. 410, § 7; T.C.A., §§ 69-606, 47-25-506.
Any person is entitled to sue for and have injunctive relief, in any court having jurisdiction over the parties, against threatened loss or damage by a violation of any provision of this part, and any such person is also entitled to recover any actual damage suffered.
Acts 1957, ch. 410, § 7; T.C.A., §§ 69-606, 47-25-506.
Tenn. Code Ann. § 47-3-201 — TN Code / Title 47 / Chapter 3 / Section 47-3-201
Negotiation
Status: in_force

(a) "Negotiation" means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder. (b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its endorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone. Acts 1995, ch. 397, § 2.
(a) "Negotiation" means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.
(b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its endorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-25-704 — TN Code / Title 47 / Chapter 25 / Section 47-25-704
Enforcement
Status: in_force

In any civil action for damages against a person for violation of this part, the court may award damages to the prevailing party and reasonable attorneys' fees. This part may be enforced by injunction or any other available equitable or legal remedy. Acts 1979, ch. 119, § 5; T.C.A., § 69-804.
In any civil action for damages against a person for violation of this part, the court may award damages to the prevailing party and reasonable attorneys' fees. This part may be enforced by injunction or any other available equitable or legal remedy.
Acts 1979, ch. 119, § 5; T.C.A., § 69-804.
Tenn. Code Ann. § 47-4a-210 — TN Code / Title 47 / Chapter 4a / Section 47-4a-210
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 2 - ISSUE AND ACCEPTANCE OF PAYMENT ORDER (§§ 47-4A-201 — 47-4A-212) Section 47-4A-210 - Rejection of payment order
Status: in_force

(a) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically, or in writing. A notice of rejection need not use any particular words and is sufficient if it indicates that the receiving bank is rejecting the order or will not execute or pay the order. Rejection is effective when the notice is given if transmission is by a means that is reasonable in the circumstances. If notice of rejection is given by a means that is not reasonable, rejection is effective when the notice is received. If an agreement of the sender and receiving bank establishes the means to be used to reject a payment order: (i) Any means complying with the agreement is reasonable; and (ii) Any means not complying is not reasonable unless no significant delay in receipt of the notice resulted from the use of the noncomplying means. (b) This subsection applies if a receiving bank other than the beneficiary's bank fails to execute a payment order despite the existence on the execution date of a withdrawable credit balance in an authorized account of the sender sufficient to cover the order. If the sender does not receive notice of rejection of the order on the execution date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the execution date to the earlier of the day the order is cancelled pursuant to § 47-4A-211(d) or the day the sender receives notice or learns that the order was not executed, counting the final day of the period as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest is reduced accordingly. (c) If a receiving bank suspends payments, all unaccepted payment orders issued to it are deemed rejected at the time the bank suspends payments. (d) Acceptance of a payment order precludes a later rejection of the order. Rejection of a payment order precludes a later acceptance of the order. Acts 1991, ch. 52, § 1.
(a) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically, or in writing. A notice of rejection need not use any particular words and is sufficient if it indicates that the receiving bank is rejecting the order or will not execute or pay the order. Rejection is effective when the notice is given if transmission is by a means that is reasonable in the circumstances. If notice of rejection is given by a means that is not reasonable, rejection is effective when the notice is received. If an agreement of the sender and receiving bank establishes the means to be used to reject a payment order: (i) Any means complying with the agreement is reasonable; and (ii) Any means not complying is not reasonable unless no significant delay in receipt of the notice resulted from the use of the noncomplying means.
(i) Any means complying with the agreement is reasonable; and
(ii) Any means not complying is not reasonable unless no significant delay in receipt of the notice resulted from the use of the noncomplying means.
(b) This subsection applies if a receiving bank other than the beneficiary's bank fails to execute a payment order despite the existence on the execution date of a withdrawable credit balance in an authorized account of the sender sufficient to cover the order. If the sender does not receive notice of rejection of the order on the execution date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the execution date to the earlier of the day the order is cancelled pursuant to § 47-4A-211(d) or the day the sender receives notice or learns that the order was not executed, counting the final day of the period as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest is reduced accordingly.
(c) If a receiving bank suspends payments, all unaccepted payment orders issued to it are deemed rejected at the time the bank suspends payments.
(d) Acceptance of a payment order precludes a later rejection of the order. Rejection of a payment order precludes a later acceptance of the order.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-2-513 — TN Code / Title 47 / Chapter 2 / Section 47-2-513
Buyer's right to inspection of goods
Status: in_force

(1) Unless otherwise agreed and subject to subsection (3), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival. (2) Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected. (3) Unless otherwise agreed and subject to the provisions of this chapter on C.I.F. contracts (§ 47-2-321(3) ), the buyer is not entitled to inspect the goods before payment of the price when the contract provides: (a) for delivery "C.O.D." or on other like terms; or (b) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection. (4) A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identification or shift the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection shall be as provided in this section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract. Acts 1963, ch. 81, § 1 (2-513).
(1) Unless otherwise agreed and subject to subsection (3), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival.
(2) Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected.
(3) Unless otherwise agreed and subject to the provisions of this chapter on C.I.F. contracts (§ 47-2-321(3) ), the buyer is not entitled to inspect the goods before payment of the price when the contract provides: (a) for delivery "C.O.D." or on other like terms; or (b) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection.
(a) for delivery "C.O.D." or on other like terms; or
(b) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection.
(4) A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identification or shift the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection shall be as provided in this section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract.
Acts 1963, ch. 81, § 1 (2-513).
Tenn. Code Ann. § 47-26-1004 — TN Code / Title 47 / Chapter 26 / Section 47-26-1004
Qualifications for weighmaster
Status: in_force

To receive authorization to act as a public weighmaster, a person must receive a license from the commissioner. In order to qualify for a license, a person must: (1) Be able to weigh or measure accurately; (2) Be able to prepare correct certificates; (3) Be a citizen of the United States; (4) Be at least eighteen (18) years of age; and (5) Possess other qualifications required by regulations promulgated under this part. Acts 1997, ch. 311, § 2.
To receive authorization to act as a public weighmaster, a person must receive a license from the commissioner. In order to qualify for a license, a person must:
(1) Be able to weigh or measure accurately;
(2) Be able to prepare correct certificates;
(3) Be a citizen of the United States;
(4) Be at least eighteen (18) years of age; and
(5) Possess other qualifications required by regulations promulgated under this part.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-18-2005 — TN Code / Title 47 / Chapter 18 / Section 47-18-2005
Violation of Consumer Protection Act
Status: in_force

Any 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 an unfair or deceptive act or practice affecting the conduct, trade or commerce and subject to all sanctions, penalties and remedies provided in that act, including attorneys' fees and costs. Acts 1999, ch. 111, § 6.
Any 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 an unfair or deceptive act or practice affecting the conduct, trade or commerce and subject to all sanctions, penalties and remedies provided in that act, including attorneys' fees and costs.
Acts 1999, ch. 111, § 6.
Tenn. Code Ann. § 47-2a-517 — TN Code / Title 47 / Chapter 2a / Section 47-2a-517
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) B. DEFAULT BY LESSOR (§§ 47-2A-508 — 47-2A-522) Section 47-2A-517 - Revocation of acceptance of goods
Status: in_force

(1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it: (a) except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance. (2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee. (3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor. (4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor. (5) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them. Acts 1993, ch. 398, § 1.
(1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it: (a) except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
(a) except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
(2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.
(3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.
(4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.
(5) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-8-203 — TN Code / Title 47 / Chapter 8 / Section 47-8-203
Staleness as notice of defect or defense
Status: in_force

After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or event: (1) requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than one (1) year after that date; or (2) is not covered by paragraph (1) and the purchaser takes the security more than two (2) years after the date set for surrender or presentation or the date on which performance became due. Acts 1997, ch. 79, § 1.
After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or event:
(1) requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than one (1) year after that date; or
(2) is not covered by paragraph (1) and the purchaser takes the security more than two (2) years after the date set for surrender or presentation or the date on which performance became due.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-1-204 — TN Code / Title 47 / Chapter 1 / Section 47-1-204
Value
Status: in_force

Except as otherwise provided in chapters 3, 4, and 5 of this title, a person gives value for rights if the person acquires them: (1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; (2) As security for, or in total or partial satisfaction of, a preexisting claim; (3) By accepting delivery under a preexisting contract for purchase; or (4) In return for any consideration sufficient to support a simple contract. Acts 2008, ch. 930, § 1.
Except as otherwise provided in chapters 3, 4, and 5 of this title, a person gives value for rights if the person acquires them:
(1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2) As security for, or in total or partial satisfaction of, a preexisting claim;
(3) By accepting delivery under a preexisting contract for purchase; or
(4) In return for any consideration sufficient to support a simple contract.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-26-917 — TN Code / Title 47 / Chapter 26 / Section 47-26-917
Declaration of unit price on random weight packages
Status: in_force

In addition to the declarations required by § 47-26-916 , any package being one of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per kilogram or pound and the total selling price of the package. Acts 1997, ch. 311, § 1.
In addition to the declarations required by § 47-26-916 , any package being one of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per kilogram or pound and the total selling price of the package.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-9-604 — TN Code / Title 47 / Chapter 9 / Section 47-9-604
Procedure if security agreement covers real property or fixtures
Status: in_force

(a) Enforcement: personal and real property. If a security agreement covers both personal and real property, a secured party may proceed: (1) under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply. (b) Enforcement: fixtures. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed: (1) under this part; or (2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply. (c) Removal of fixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property. (d) Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse. Acts 2000, ch. 846, § 1.
(a) Enforcement: personal and real property. If a security agreement covers both personal and real property, a secured party may proceed: (1) under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.
(1) under this part as to the personal property without prejudicing any rights with respect to the real property; or
(2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.
(b) Enforcement: fixtures. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed: (1) under this part; or (2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.
(1) under this part; or
(2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.
(c) Removal of fixtures. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.
(d) Injury caused by removal. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-9-701 — TN Code / Title 47 / Chapter 9 / Section 47-9-701
Effective date
Status: in_force

This act takes effect on July 1, 2001. References in this part to "this act" refer to the legislative enactment by which this chapter is added to Tennessee Code Annotated, Title 47. References in this part to "former Chapter 9" are to Tennessee Code Annotated, Title 47, Chapter 9, as in effect immediately before July 1, 2001. Acts 2000, ch. 846, § 1.
This act takes effect on July 1, 2001. References in this part to "this act" refer to the legislative enactment by which this chapter is added to Tennessee Code Annotated, Title 47. References in this part to "former Chapter 9" are to Tennessee Code Annotated, Title 47, Chapter 9, as in effect immediately before July 1, 2001.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-10-107 — TN Code / Title 47 / Chapter 10 / Section 47-10-107
Legal recognition of electronic records, electronic signatures, and electronic contracts
Status: in_force

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law. Acts 2001, ch. 72, § 7.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
Acts 2001, ch. 72, § 7.
Tenn. Code Ann. § 47-18-5201 — TN Code / Title 47 / Chapter 18 / Section 47-18-5201
Short title
Status: in_force

This part shall be known and may be cited as the "Anti-Phishing Act of 2006." Acts 2006, ch. 566, § 2.
This part shall be known and may be cited as the "Anti-Phishing Act of 2006."
Acts 2006, ch. 566, § 2.
Tenn. Code Ann. § 47-8-103 — TN Code / Title 47 / Chapter 8 / Section 47-8-103
Rules for determining whether certain obligations and interests are securities or financial assets
Status: in_force

(a) A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security. (b) An "investment company security" is a security. "Investment company security" means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that is so registered. Investment company security does not include an insurance policy or endowment policy or annuity contract issued by an insurance company. (c) An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that it is a security governed by this chapter, or it is an investment company security. However, an interest in a partnership or limited liability company is a financial asset if it is held in a securities account. (d) A writing that is a security certificate is governed by this chapter and not by chapter 3 of this title, even though it also meets the requirements of that chapter. However, a negotiable instrument governed by chapter 3 of this title is a financial asset if it is held in a securities account. (e) An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset. (f) A commodity contract, as defined in § 47-9-102(a)(15) , is not a security or a financial asset. (g) A document of title is not a financial asset unless § 47-8-102(a)(9)(iii) applies. Acts 1997 , ch. 79, § 1; 2000, ch. 846, § 16; 2008 , ch. 814, § 22.
(a) A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security.
(b) An "investment company security" is a security. "Investment company security" means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that is so registered. Investment company security does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.
(c) An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that it is a security governed by this chapter, or it is an investment company security. However, an interest in a partnership or limited liability company is a financial asset if it is held in a securities account.
(d) A writing that is a security certificate is governed by this chapter and not by chapter 3 of this title, even though it also meets the requirements of that chapter. However, a negotiable instrument governed by chapter 3 of this title is a financial asset if it is held in a securities account.
(e) An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.
(f) A commodity contract, as defined in § 47-9-102(a)(15) , is not a security or a financial asset.
(g) A document of title is not a financial asset unless § 47-8-102(a)(9)(iii) applies.
Acts 1997 , ch. 79, § 1; 2000, ch. 846, § 16; 2008 , ch. 814, § 22.
Tenn. Code Ann. § 47-22-102 — TN Code / Title 47 / Chapter 22 / Section 47-22-102
Unsolicited credit card - Effect
Status: in_force

(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 failing to return the credit card to the issuer. (b) If the agreement governing the use of the card so provides, use of the card or retention of the card with intention to use it by either the person to whom it was issued or anyone to whom the person entrusts it will result in the person to whom the card was issued being subject to the terms of the agreement and liable for its unauthorized use. Acts 1970, ch. 486, § 2; T.C.A., § 47-15-116.
(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 failing to return the credit card to the issuer.
(b) If the agreement governing the use of the card so provides, use of the card or retention of the card with intention to use it by either the person to whom it was issued or anyone to whom the person entrusts it will result in the person to whom the card was issued being subject to the terms of the agreement and liable for its unauthorized use.
Acts 1970, ch. 486, § 2; T.C.A., § 47-15-116.
Tenn. Code Ann. § 47-16-108 — TN Code / Title 47 / Chapter 16 / Section 47-16-108
Violation of part constitutes unfair or deceptive practice for purposes of Consumer Protection Act - Enforcement by attorney general and reporter
Status: in_force

(a) Any violation of this chapter shall constitute a violation of the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title, and shall be enforced solely by the attorney general and reporter at the attorney general's discretion. (b) For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this chapter shall be construed to be an unfair or deceptive act or practice affecting the conduct, trade or commerce and subject to all sanctions, penalties and remedies provided in that act, including attorneys' fees and costs. (c) Nothing in this chapter shall be construed to limit the exercise of powers or the performance of the duties of the attorney general and reporter, including those provided by the Tennessee Consumer Protection Act of 1977, which the attorney general and reporter is otherwise authorized or required to exercise or perform by law. Acts 2014, ch. 819, § 1.
(a) Any violation of this chapter shall constitute a violation of the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title, and shall be enforced solely by the attorney general and reporter at the attorney general's discretion.
(b) For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this chapter shall be construed to be an unfair or deceptive act or practice affecting the conduct, trade or commerce and subject to all sanctions, penalties and remedies provided in that act, including attorneys' fees and costs.
(c) Nothing in this chapter shall be construed to limit the exercise of powers or the performance of the duties of the attorney general and reporter, including those provided by the Tennessee Consumer Protection Act of 1977, which the attorney general and reporter is otherwise authorized or required to exercise or perform by law.
Acts 2014, ch. 819, § 1.
Tenn. Code Ann. § 47-3-401 — TN Code / Title 47 / Chapter 3 / Section 47-3-401
Signature
Status: in_force

(a) A person is not liable on an instrument unless (i) the person signed the instrument, (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under § 47-3-402 , or (iii) if the instrument is a payee-initiated draft, the person is the customer on whose account the instrument is drawn and has authorized its creation according to the terms on its face. (b) A signature may be made (i) manually or by means of a device or machine, and (ii) by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing. Acts 1995, ch. 397, § 2; 2003, ch. 62, §§ 5, 6.
(a) A person is not liable on an instrument unless (i) the person signed the instrument, (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under § 47-3-402 , or (iii) if the instrument is a payee-initiated draft, the person is the customer on whose account the instrument is drawn and has authorized its creation according to the terms on its face.
(b) A signature may be made (i) manually or by means of a device or machine, and (ii) by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.
Acts 1995, ch. 397, § 2; 2003, ch. 62, §§ 5, 6.
Tenn. Code Ann. § 47-4a-104 — TN Code / Title 47 / Chapter 4a / Section 47-4a-104
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 47-4A-101 — 47-4A-108) Section 47-4A-104 - Funds transfer - Definitions
Status: in_force

In this chapter: (a) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order; (b) "Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank; (c) "Originator" means the sender of the first payment order in a funds transfer; and (d) "Originator's bank" means: (i) The receiving bank to which the payment order of the originator is issued if the originator is not a bank; or (ii) The originator if the originator is a bank. Acts 1991, ch. 52, § 1.
In this chapter:
(a) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order;
(b) "Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank;
(c) "Originator" means the sender of the first payment order in a funds transfer; and
(d) "Originator's bank" means: (i) The receiving bank to which the payment order of the originator is issued if the originator is not a bank; or (ii) The originator if the originator is a bank.
(i) The receiving bank to which the payment order of the originator is issued if the originator is not a bank; or
(ii) The originator if the originator is a bank.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-4a-203 — TN Code / Title 47 / Chapter 4a / Section 47-4a-203
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 2 - ISSUE AND ACCEPTANCE OF PAYMENT ORDER (§§ 47-4A-201 — 47-4A-212) Section 47-4A-203 - Unenforceability of certain verified payment orders
Status: in_force

(a) If an accepted payment order is not, under § 47-4A-202(a) , an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to § 47-4A-202(b) , the following rules apply: (1) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order; and (2) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was caused, directly or indirectly, by a person: (i) Entrusted with duties to act for the receiving bank with respect to payment orders or the security procedure; or (ii) Who obtained access to communications facilities of the receiving bank or who obtained, from a source controlled by the receiving bank and without authority of the customer, information facilitating breach of the security procedure, regardless of how the information was obtained. Information includes any access device, computer software, or the like. (b) This section applies to amendments of payment orders to the same extent it applies to payment orders. Acts 1991, ch. 52, § 1.
(a) If an accepted payment order is not, under § 47-4A-202(a) , an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to § 47-4A-202(b) , the following rules apply: (1) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order; and (2) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was caused, directly or indirectly, by a person: (i) Entrusted with duties to act for the receiving bank with respect to payment orders or the security procedure; or (ii) Who obtained access to communications facilities of the receiving bank or who obtained, from a source controlled by the receiving bank and without authority of the customer, information facilitating breach of the security procedure, regardless of how the information was obtained. Information includes any access device, computer software, or the like.
(1) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order; and
(2) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was caused, directly or indirectly, by a person: (i) Entrusted with duties to act for the receiving bank with respect to payment orders or the security procedure; or (ii) Who obtained access to communications facilities of the receiving bank or who obtained, from a source controlled by the receiving bank and without authority of the customer, information facilitating breach of the security procedure, regardless of how the information was obtained. Information includes any access device, computer software, or the like.
(i) Entrusted with duties to act for the receiving bank with respect to payment orders or the security procedure; or
(ii) Who obtained access to communications facilities of the receiving bank or who obtained, from a source controlled by the receiving bank and without authority of the customer, information facilitating breach of the security procedure, regardless of how the information was obtained. Information includes any access device, computer software, or the like.
(b) This section applies to amendments of payment orders to the same extent it applies to payment orders.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-7-703 — TN Code / Title 47 / Chapter 7 / Section 47-7-703
Applicability
Status: in_force

This chapter applies to a document of title that is issued or a bailment that arises on or after July 1, 2008. This chapter does not apply to a document of title that is issued or a bailment that arises before July 1, 2008, even if the document of title or bailment would be subject to this chapter if the document of title had been issued or bailment had arisen on or after July 1, 2008. This chapter does not apply to a right of action that has accrued before July 1, 2008. Acts 2008, ch. 814, § 1.
This chapter applies to a document of title that is issued or a bailment that arises on or after July 1, 2008. This chapter does not apply to a document of title that is issued or a bailment that arises before July 1, 2008, even if the document of title or bailment would be subject to this chapter if the document of title had been issued or bailment had arisen on or after July 1, 2008. This chapter does not apply to a right of action that has accrued before July 1, 2008.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-9-521 — TN Code / Title 47 / Chapter 9 / Section 47-9-521
Uniform form of written financing statement and amendment
Status: in_force

(a) Initial Financing Statement Form. A filing office that accepts written records may not refuse to accept a written initial financing statement in the following form and format except for a reason set forth in § 47-9-516(b) : Click here to view image. Click here to view image. (b) Amendment form. A filing office that accepts written records may not refuse to accept a written record in the following form and format except for a reason set forth in § 47-9-516(b) : Click here to view image. Click here to view image. Acts 2000, ch. 846, § 1; 2012 , ch. 708, § 18.
(a) Initial Financing Statement Form. A filing office that accepts written records may not refuse to accept a written initial financing statement in the following form and format except for a reason set forth in § 47-9-516(b) : Click here to view image. Click here to view image.
Click here to view image.
(b) Amendment form. A filing office that accepts written records may not refuse to accept a written record in the following form and format except for a reason set forth in § 47-9-516(b) : Click here to view image. Click here to view image.
Click here to view image.
Acts 2000, ch. 846, § 1; 2012 , ch. 708, § 18.
9_521_1 - Attachment
9_521_2 - Attachment
9_521_3 - Attachment
9_521_4 - Attachment
Tenn. Code Ann. § 47-9-303 — TN Code / Title 47 / Chapter 9 / Section 47-9-303
Law governing perfection and priority of security interests in goods covered by a certificate of title
Status: in_force

(a) Applicability of section. This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor. (b) When goods covered by certificate of title. Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction. (c) Applicable law. The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title. Acts 2000, ch. 846, § 1.
(a) Applicability of section. This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor.
(b) When goods covered by certificate of title. Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.
(c) Applicable law. The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-2-314 — TN Code / Title 47 / Chapter 2 / Section 47-2-314
Implied warranty - Merchantability - Usage of trade
Status: in_force

(1) Unless excluded or modified (§ 47-2-316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such as: (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (e) are adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promises or affirmations of fact made on the container or label if any. (3) Unless excluded or modified (§ 47-2-316 ) other implied warranties may arise from course of dealing or usage of trade. Acts 1963, ch. 81, § 1 (2-314).
(1) Unless excluded or modified (§ 47-2-316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as: (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (e) are adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promises or affirmations of fact made on the container or label if any.
(a) pass without objection in the trade under the contract description; and
(b) in the case of fungible goods, are of fair average quality within the description; and
(c) are fit for the ordinary purposes for which such goods are used; and
(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e) are adequately contained, packaged, and labeled as the agreement may require; and
(f) conform to the promises or affirmations of fact made on the container or label if any.
(3) Unless excluded or modified (§ 47-2-316 ) other implied warranties may arise from course of dealing or usage of trade.
Acts 1963, ch. 81, § 1 (2-314).
Tenn. Code Ann. § 47-26-1025 — TN Code / Title 47 / Chapter 26 / Section 47-26-1025
Restraining order and injunction
Status: in_force

The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this part. Acts 1997, ch. 311, § 2.
The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this part.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-11-101 — TN Code / Title 47 / Chapter 11 / Section 47-11-101
Short title
Status: in_force

This chapter may be cited as the "Retail Installment Sales Act." Acts 1961, ch. 110, § 1; T.C.A. (orig. ed.), § 47-1901.
This chapter may be cited as the "Retail Installment Sales Act."
Acts 1961, ch. 110, § 1; T.C.A. (orig. ed.), § 47-1901.
Tenn. Code Ann. § 47-25-112 — TN Code / Title 47 / Chapter 25 / Section 47-25-112
News services, etc. - Discrimination prohibited
Status: in_force

(a) It is unlawful for any person, firm, or corporation, or any association or combination of corporations, firms, or persons, engaged in the business of buying, gathering, or accumulating information or news, or vending, supplying, distributing, or publishing information or news, to refuse to vend, supply, distribute, or publish such information or news to any person, firm, or corporation, conducting a newspaper in this state, offering to pay for the information or news, or to make discrimination in any manner between persons, firms, or corporations conducting newspapers in this state in the vending, supplying, distributing or publishing of such information or news. (b) It is unlawful for any agent or employee in this state of a person, firm, or corporation, or association or combination of corporations, firms, or persons engaged in the business of gathering, accumulating, vending, supplying, and distributing news or information, to assist in the carrying on or conducting of such business when such person, firm, or corporation, or association of such persons, firms, or corporations, have refused to furnish news or information without discrimination in price, method of supply, or otherwise to any person, firm, or corporation conducting a newspaper in this state and desiring to be supplied with such information or news. (c) Any person, firm, or corporation violating this section, or aiding or abetting in the violation of this section, commits a Class C misdemeanor. Each violation constitutes a separate offense. Acts 1899, ch. 286, §§ 1-3; Shan., §§ 3608a110-3608a112; Code 1932, §§ 6759-6761; T.C.A. (orig. ed.), §§ 69-113 -- 69-115, 47-25-113 -- 47-25-115; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person, firm, or corporation, or any association or combination of corporations, firms, or persons, engaged in the business of buying, gathering, or accumulating information or news, or vending, supplying, distributing, or publishing information or news, to refuse to vend, supply, distribute, or publish such information or news to any person, firm, or corporation, conducting a newspaper in this state, offering to pay for the information or news, or to make discrimination in any manner between persons, firms, or corporations conducting newspapers in this state in the vending, supplying, distributing or publishing of such information or news.
(b) It is unlawful for any agent or employee in this state of a person, firm, or corporation, or association or combination of corporations, firms, or persons engaged in the business of gathering, accumulating, vending, supplying, and distributing news or information, to assist in the carrying on or conducting of such business when such person, firm, or corporation, or association of such persons, firms, or corporations, have refused to furnish news or information without discrimination in price, method of supply, or otherwise to any person, firm, or corporation conducting a newspaper in this state and desiring to be supplied with such information or news.
(c) Any person, firm, or corporation violating this section, or aiding or abetting in the violation of this section, commits a Class C misdemeanor. Each violation constitutes a separate offense.
Acts 1899, ch. 286, §§ 1-3; Shan., §§ 3608a110-3608a112; Code 1932, §§ 6759-6761; T.C.A. (orig. ed.), §§ 69-113 -- 69-115, 47-25-113 -- 47-25-115; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 47-25-701 — TN Code / Title 47 / Chapter 25 / Section 47-25-701
Short title
Status: in_force

This part shall be known as the "Tennessee Motion Picture Fair Competition Act." Acts 1979, ch. 119, § 2; T.C.A., § 69-801.
This part shall be known as the "Tennessee Motion Picture Fair Competition Act."
Acts 1979, ch. 119, § 2; T.C.A., § 69-801.
Tenn. Code Ann. § 47-26-1023 — TN Code / Title 47 / Chapter 26 / Section 47-26-1023
Revocation proceedings
Status: in_force

If the commissioner suspends or revokes a public weighmaster license, the revokee may appeal the decision through the appropriate court of law in Davidson County. Acts 1997, ch. 311, § 2.
If the commissioner suspends or revokes a public weighmaster license, the revokee may appeal the decision through the appropriate court of law in Davidson County.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-22-405 — TN Code / Title 47 / Chapter 22 / Section 47-22-405
Termination by merchant for noncompliance with Section 47-22-404
Status: in_force

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. Added by 2015 Tenn. Acts, ch. 218, s 1, eff. 1/1/2016.
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.
Added by 2015 Tenn. Acts, ch. 218, s 1, eff. 1/1/2016.
Tenn. Code Ann. § 47-26-916 — TN Code / Title 47 / Chapter 26 / Section 47-26-916
Information required on packages
Status: in_force

Except as otherwise provided in this part or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of: (1) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container; (2) The quantity of contents in terms of weight, measure, or count; and (3) The name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed. Acts 1997, ch. 311, § 1.
Except as otherwise provided in this part or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of:
(1) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;
(2) The quantity of contents in terms of weight, measure, or count; and
(3) The name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-25-1002 — TN Code / Title 47 / Chapter 25 / Section 47-25-1002
Part definitions
Status: in_force

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 work of art, or, if such person is deceased, such person's heir, legatee, or personal representative; (3) "Consignment" means that no title to, estate in, or right to possession of, the work of art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art; (4) "Co-operative" means an association or group of artists which: (A) Engages in the business of selling only works of art which are produced or created by such artists; (B) Jointly owns, operates, and markets such business; and (C) Accepts such works of art from its members on consignment; (5) "Person" means an individual, partnership, corporation, association, or other group, however organized; and (6) "Work of art" means an original art work which is: (A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph; (B) A work of calligraphy; (C) A work of graphic art, including an etching, lithograph, offset print, or silk screen; (D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or (E) A work in mixed media, including a collage or a work consisting of any combination of subdivisions (6)(A)-(D). Acts 1984, ch. 838, § 2; 1985, ch. 346, § 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 work of art, or, if such person is deceased, such person's heir, legatee, or personal representative;
(3) "Consignment" means that no title to, estate in, or right to possession of, the work of art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art;
(4) "Co-operative" means an association or group of artists which: (A) Engages in the business of selling only works of art which are produced or created by such artists; (B) Jointly owns, operates, and markets such business; and (C) Accepts such works of art from its members on consignment;
(A) Engages in the business of selling only works of art which are produced or created by such artists;
(B) Jointly owns, operates, and markets such business; and
(C) Accepts such works of art from its members on consignment;
(5) "Person" means an individual, partnership, corporation, association, or other group, however organized; and
(6) "Work of art" means an original art work which is: (A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph; (B) A work of calligraphy; (C) A work of graphic art, including an etching, lithograph, offset print, or silk screen; (D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or (E) A work in mixed media, including a collage or a work consisting of any combination of subdivisions (6)(A)-(D).
(A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;
(B) A work of calligraphy;
(C) A work of graphic art, including an etching, lithograph, offset print, or silk screen;
(D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or
(E) A work in mixed media, including a collage or a work consisting of any combination of subdivisions (6)(A)-(D).
Acts 1984, ch. 838, § 2; 1985, ch. 346, § 1.
Tenn. Code Ann. § 47-9-507 — TN Code / Title 47 / Chapter 9 / Section 47-9-507
Effect of certain events of effectiveness of financing statement
Status: in_force

(a) Disposition. A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition. (b) Information becoming seriously misleading. Except as otherwise provided in subsection (c) and § 47-9-508 , a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under § 47-9-506 . (c) Change in debtor's name. If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under § 47-9-503(a) so that the financing statement becomes seriously misleading under § 47-9-506 : (1) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four (4) months after, the filed financing statement becomes seriously misleading; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four (4) months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four (4) months after the financing statement became seriously misleading. Acts 2000, ch. 846, § 1; 2012, ch. 708, § 14.
(a) Disposition. A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.
(b) Information becoming seriously misleading. Except as otherwise provided in subsection (c) and § 47-9-508 , a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under § 47-9-506 .
(c) Change in debtor's name. If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under § 47-9-503(a) so that the financing statement becomes seriously misleading under § 47-9-506 : (1) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four (4) months after, the filed financing statement becomes seriously misleading; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four (4) months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four (4) months after the financing statement became seriously misleading.
(1) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four (4) months after, the filed financing statement becomes seriously misleading; and
(2) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four (4) months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four (4) months after the financing statement became seriously misleading.
Acts 2000, ch. 846, § 1; 2012, ch. 708, § 14.
Tenn. Code Ann. § 47-9-107 — TN Code / Title 47 / Chapter 9 / Section 47-9-107
Control of letter-of-credit right
Status: in_force

A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under § 47-5-114(c) or otherwise applicable law or practice. Acts 2000, ch. 846, § 1.
A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under § 47-5-114(c) or otherwise applicable law or practice.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-2-318 — TN Code / Title 47 / Chapter 2 / Section 47-2-318
Third party beneficiaries of warranties express or implied
Status: in_force

A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section. Acts 1963, ch. 81, § 1 (2-318).
A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.
Acts 1963, ch. 81, § 1 (2-318).
Tenn. Code Ann. § 47-7-307 — TN Code / Title 47 / Chapter 7 / Section 47-7-307
Lien of carrier
Status: in_force

(a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs or, if no charges are stated, a reasonable charge. (b) A lien for charges and expenses under subsection (a) on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to those charges and expenses. Any other lien under subsection (a) is effective against the consignor and any person that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked authority. (c) A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver. Acts 2008, ch. 814, § 1.
(a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs or, if no charges are stated, a reasonable charge.
(b) A lien for charges and expenses under subsection (a) on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to those charges and expenses. Any other lien under subsection (a) is effective against the consignor and any person that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked authority.
(c) A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-26-810 — TN Code / Title 47 / Chapter 26 / Section 47-26-810
Record of shipment to be signed and sealed
Status: in_force

The certified public weigher shall sign the weigher's official registered signature and place the weigher's seal on a copy of record. This copy of record shall be the ticket delivered to the purchaser of materials. The seal and signature shall be placed on the copy of record either manually (with a rubber stamp, or with an imprinting type stamp) or electronically. Acts 1981, ch. 389, § 11; T.C.A., § 71-810; Acts 2000, ch. 597, § 4.
The certified public weigher shall sign the weigher's official registered signature and place the weigher's seal on a copy of record. This copy of record shall be the ticket delivered to the purchaser of materials. The seal and signature shall be placed on the copy of record either manually (with a rubber stamp, or with an imprinting type stamp) or electronically.
Acts 1981, ch. 389, § 11; T.C.A., § 71-810; Acts 2000, ch. 597, § 4.
Tenn. Code Ann. § 47-7-601 — TN Code / Title 47 / Chapter 7 / Section 47-7-601
Lost, stolen, or destroyed documents of title
Status: in_force

(a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee's reasonable costs and attorney's fees in any action under this subsection (a). (b) A bailee that, without a court order, delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one (1) year after the delivery. Acts 2008, ch. 814, § 1.
(a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee's reasonable costs and attorney's fees in any action under this subsection (a).
(b) A bailee that, without a court order, delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one (1) year after the delivery.
Acts 2008, ch. 814, § 1.