Tenn. Code Ann. § 47-25-901 — TN Code / Title 47 / Chapter 25 / Section 47-25-901
Short title
Status: in_force

This part shall be known as the "Unfair Trade Practice and Advertising Act." Acts 1957, ch. 410, § 1; T.C.A., §§ 69-601, 47-25-501.
This part shall be known as the "Unfair Trade Practice and Advertising Act."
Acts 1957, ch. 410, § 1; T.C.A., §§ 69-601, 47-25-501.
Tenn. Code Ann. § 47-18-5513 — TN Code / Title 47 / Chapter 18 / Section 47-18-5513
Bond requirement
Status: in_force

(a) Except as otherwise provided in § 47-18-5514 , a provider that is required to be registered under this part shall file a surety bond with the administrator, which must: (1) Be in effect during the period of registration and for two (2) years after the provider ceases providing debt-management services to individuals in this state; and (2) Run to this state for the benefit of this state and of individuals who reside in this state when they agree to receive debt-management services from the provider, as their interests may appear. (b) Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f) , a surety bond filed pursuant to subsection (a) must: (1) Be in the amount of fifty thousand dollars ($50,000) or other larger or smaller amount that the administrator determines is warranted by the financial condition and business experience of the provider, the history of the provider in performing debt-management services, the risk to individuals and any other factor the administrator considers appropriate; (2) Be issued by a bonding, surety or insurance company authorized to do business in this state and rated at least "A" by a nationally recognized rating organization; and (3) Have payment conditioned upon noncompliance of the provider or its agent with this part. (c) If the principal amount of a surety bond is reduced by payment of a claim or a judgment, the provider shall immediately notify the administrator and, within thirty (30) days after notice by the administrator, file a new or additional surety bond in an amount set by the administrator. The amount of the new or additional bond must be at least the amount of the bond immediately before payment of the claim or judgment. If for any reason a surety terminates a bond, the provider shall immediately file a new surety bond in the amount of fifty thousand dollars ($50,000) or other amount determined pursuant to subsection (b). (d) The administrator or an individual may obtain satisfaction out of the surety bond procured pursuant to this section if: (1) The administrator assesses expenses under § 47-18-5532(b)(1) , issues a final order under § 47-18-5533(a)(2) or recovers a final judgment under § 47-18-5533(a)(4), (a)(5) or (d) ; or (2) An individual recovers a final judgment pursuant to § 47-18-5535(a), (b), (c)(1), (c)(2) or (c)(4) . (e) If claims against a surety bond exceed or are reasonably expected to exceed the amount of the bond, the administrator, on the initiative of the administrator or on petition of the surety, shall, unless the proceeds are adequate to pay all costs, judgments and claims, distribute the proceeds in the following order: (1) To satisfaction of a final order or judgment under § 47-18-5533(a)(2), (a)(4), (a)(5) or (d) ; (2) To final judgments recovered by individuals pursuant to § 47-18-5535(a), (b), (c)(1), (c)(2) or (c)(4) , pro rata; (3) To claims of individuals established to the satisfaction of the administrator, pro rata; and (4) If a final order or judgment is issued under § 47-18-5533(a) , to the expenses charged pursuant to § 47-18-5532(b)(1) . Acts 2009, ch. 469, § 1.
(a) Except as otherwise provided in § 47-18-5514 , a provider that is required to be registered under this part shall file a surety bond with the administrator, which must: (1) Be in effect during the period of registration and for two (2) years after the provider ceases providing debt-management services to individuals in this state; and (2) Run to this state for the benefit of this state and of individuals who reside in this state when they agree to receive debt-management services from the provider, as their interests may appear.
(1) Be in effect during the period of registration and for two (2) years after the provider ceases providing debt-management services to individuals in this state; and
(2) Run to this state for the benefit of this state and of individuals who reside in this state when they agree to receive debt-management services from the provider, as their interests may appear.
(b) Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f) , a surety bond filed pursuant to subsection (a) must: (1) Be in the amount of fifty thousand dollars ($50,000) or other larger or smaller amount that the administrator determines is warranted by the financial condition and business experience of the provider, the history of the provider in performing debt-management services, the risk to individuals and any other factor the administrator considers appropriate; (2) Be issued by a bonding, surety or insurance company authorized to do business in this state and rated at least "A" by a nationally recognized rating organization; and (3) Have payment conditioned upon noncompliance of the provider or its agent with this part.
(1) Be in the amount of fifty thousand dollars ($50,000) or other larger or smaller amount that the administrator determines is warranted by the financial condition and business experience of the provider, the history of the provider in performing debt-management services, the risk to individuals and any other factor the administrator considers appropriate;
(2) Be issued by a bonding, surety or insurance company authorized to do business in this state and rated at least "A" by a nationally recognized rating organization; and
(3) Have payment conditioned upon noncompliance of the provider or its agent with this part.
(c) If the principal amount of a surety bond is reduced by payment of a claim or a judgment, the provider shall immediately notify the administrator and, within thirty (30) days after notice by the administrator, file a new or additional surety bond in an amount set by the administrator. The amount of the new or additional bond must be at least the amount of the bond immediately before payment of the claim or judgment. If for any reason a surety terminates a bond, the provider shall immediately file a new surety bond in the amount of fifty thousand dollars ($50,000) or other amount determined pursuant to subsection (b).
(d) The administrator or an individual may obtain satisfaction out of the surety bond procured pursuant to this section if: (1) The administrator assesses expenses under § 47-18-5532(b)(1) , issues a final order under § 47-18-5533(a)(2) or recovers a final judgment under § 47-18-5533(a)(4), (a)(5) or (d) ; or (2) An individual recovers a final judgment pursuant to § 47-18-5535(a), (b), (c)(1), (c)(2) or (c)(4) .
(1) The administrator assesses expenses under § 47-18-5532(b)(1) , issues a final order under § 47-18-5533(a)(2) or recovers a final judgment under § 47-18-5533(a)(4), (a)(5) or (d) ; or
(2) An individual recovers a final judgment pursuant to § 47-18-5535(a), (b), (c)(1), (c)(2) or (c)(4) .
(e) If claims against a surety bond exceed or are reasonably expected to exceed the amount of the bond, the administrator, on the initiative of the administrator or on petition of the surety, shall, unless the proceeds are adequate to pay all costs, judgments and claims, distribute the proceeds in the following order: (1) To satisfaction of a final order or judgment under § 47-18-5533(a)(2), (a)(4), (a)(5) or (d) ; (2) To final judgments recovered by individuals pursuant to § 47-18-5535(a), (b), (c)(1), (c)(2) or (c)(4) , pro rata; (3) To claims of individuals established to the satisfaction of the administrator, pro rata; and (4) If a final order or judgment is issued under § 47-18-5533(a) , to the expenses charged pursuant to § 47-18-5532(b)(1) .
(1) To satisfaction of a final order or judgment under § 47-18-5533(a)(2), (a)(4), (a)(5) or (d) ;
(2) To final judgments recovered by individuals pursuant to § 47-18-5535(a), (b), (c)(1), (c)(2) or (c)(4) , pro rata;
(3) To claims of individuals established to the satisfaction of the administrator, pro rata; and
(4) If a final order or judgment is issued under § 47-18-5533(a) , to the expenses charged pursuant to § 47-18-5532(b)(1) .
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-14-105 — TN Code / Title 47 / Chapter 14 / Section 47-14-105
Announcement and publication of formula rates - Reliance thereon
Status: in_force

(a) Upon the publication by the board of governors of the Federal Reserve System of the average prime loan rate, as described in § 47-14-102 , the commissioner of financial institutions shall: (1) Promptly make an official announcement of the formula rate; (2) Cause the dissemination of such announcement to the news media in such manner as the commissioner deems appropriate; and (3) Cause to be published in the Tennessee Administrative Register the formula rate as determined by the average prime loan rate first published during each calendar month. (b) In contracting for interest pursuant to § 47-14-103(2) , any person shall be entitled to rely upon the formula rate thus announced or published by the commissioner; provided, that a formula rate shall not be deemed to have been published until seven (7) days have elapsed following the publication date stated in the issue of the Tennessee Administrative Register containing the announcement of such formula rate. (c) The determination by the commissioner as provided for herein, for the sole purpose of an announcement under this section, shall not be deemed a "rule" within the meaning of § 4-5-102 , and such action of the commissioner shall be exempt from the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1979, ch. 203, § 4; 1983, ch. 464, § 3.
(a) Upon the publication by the board of governors of the Federal Reserve System of the average prime loan rate, as described in § 47-14-102 , the commissioner of financial institutions shall: (1) Promptly make an official announcement of the formula rate; (2) Cause the dissemination of such announcement to the news media in such manner as the commissioner deems appropriate; and (3) Cause to be published in the Tennessee Administrative Register the formula rate as determined by the average prime loan rate first published during each calendar month.
(1) Promptly make an official announcement of the formula rate;
(2) Cause the dissemination of such announcement to the news media in such manner as the commissioner deems appropriate; and
(3) Cause to be published in the Tennessee Administrative Register the formula rate as determined by the average prime loan rate first published during each calendar month.
(b) In contracting for interest pursuant to § 47-14-103(2) , any person shall be entitled to rely upon the formula rate thus announced or published by the commissioner; provided, that a formula rate shall not be deemed to have been published until seven (7) days have elapsed following the publication date stated in the issue of the Tennessee Administrative Register containing the announcement of such formula rate.
(c) The determination by the commissioner as provided for herein, for the sole purpose of an announcement under this section, shall not be deemed a "rule" within the meaning of § 4-5-102 , and such action of the commissioner shall be exempt from the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1979, ch. 203, § 4; 1983, ch. 464, § 3.
Tenn. Code Ann. § 47-18-2101 — TN Code / Title 47 / Chapter 18 / Section 47-18-2101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Identity Theft Deterrence Act of 1999." Acts 1999, ch. 201, § 2.
This part shall be known and may be cited as the "Tennessee Identity Theft Deterrence Act of 1999."
Acts 1999, ch. 201, § 2.
Tenn. Code Ann. § 47-2-202 — TN Code / Title 47 / Chapter 2 / Section 47-2-202
Final written expression - Parol or extrinsic evidence
Status: in_force

Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented: (a) By course of performance, course of dealing or usage of trade, pursuant to § 47-1-303 ; and (b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. Acts 1963, ch. 81, § 1 (2-202); Acts 2008, ch. 930, § 2.
Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:
(a) By course of performance, course of dealing or usage of trade, pursuant to § 47-1-303 ; and
(b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
Acts 1963, ch. 81, § 1 (2-202); Acts 2008, ch. 930, § 2.
Tenn. Code Ann. § 47-12-107 — TN Code / Title 47 / Chapter 12 / Section 47-12-107
Continuing guaranty or suretyship agreements - Future obligations
Status: in_force

(a) Notwithstanding any law to the contrary, no continuing guaranty or suretyship agreement which guarantees the performance of all present and future obligations shall be enforceable against a surety unless the individual or organization agrees in writing to guarantee the future obligation; provided, that no additional writing or guarantee shall be required, at the time of the advance, for advances which are permitted pursuant to the terms of the guaranty or suretyship agreement. (b) This section only applies when the indebtedness of the principal debtor arises from personal obligations, and do not apply when the indebtedness arises from commercial obligations. Acts 1986, ch. 808, § 1.
(a) Notwithstanding any law to the contrary, no continuing guaranty or suretyship agreement which guarantees the performance of all present and future obligations shall be enforceable against a surety unless the individual or organization agrees in writing to guarantee the future obligation; provided, that no additional writing or guarantee shall be required, at the time of the advance, for advances which are permitted pursuant to the terms of the guaranty or suretyship agreement.
(b) This section only applies when the indebtedness of the principal debtor arises from personal obligations, and do not apply when the indebtedness arises from commercial obligations.
Acts 1986, ch. 808, § 1.
Tenn. Code Ann. § 47-2-708 — TN Code / Title 47 / Chapter 2 / Section 47-2-708
Seller's damages for nonacceptance or repudiation
Status: in_force

(1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (§ 47-2-723 ), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this chapter (§ 47-2-710 ), but less expenses saved in consequence of the buyer's breach. (2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this chapter (§ 47-2-710 ), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale. Acts 1963, ch. 81, § 1 (2-708).
(1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (§ 47-2-723 ), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this chapter (§ 47-2-710 ), but less expenses saved in consequence of the buyer's breach.
(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this chapter (§ 47-2-710 ), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
Acts 1963, ch. 81, § 1 (2-708).
Tenn. Code Ann. § 47-18-2301 — TN Code / Title 47 / Chapter 18 / Section 47-18-2301
Part definitions
Status: in_force

As used in this part: (1) "Automatic number identification": (A) Means a system that identifies the billing account for a call; and (B) Includes an enhanced 911 service capability that enables the automatic display of the ten-digit number used to place a 911 call from a wire line, wireless, interconnected VoIP, or nontraditional telephone service; (2) "Caller identification information" means information provided by a caller identification service regarding the telephone number, or other origination information, of a call or facsimile transmission made using a telecommunications service or an interconnected VoIP service, or of a text message sent using a text messaging service; (3) "Caller identification service": (A) Means any service or device designed to provide the user of the service or device with the telephone number, or other origination information, of a call or facsimile transmission made using a telecommunications service or an interconnected VoIP service, or of a text message sent using a text messaging service; and (B) Includes automatic number identification services; (4) "Interconnected VoIP service" means an interconnected voice over internet protocol service that: (A) Enables real-time, two-way voice communications; (B) Requires a broadband internet connection from the user's location; (C) Requires Internet protocol-compatible customer premises equipment; and (D) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network; (5) "Place of primary use" means the street address where a subscriber's use of a telecommunications service or interconnected VoIP service primarily occurs, which shall be: (A) The residential street address or the primary business street address of the subscriber or, in the case of a subscriber of interconnected VoIP service, the subscriber's registered location; and (B) Within the licensed service area of the provider; (6) "Provider" means a person or entity that offers telecommunications service or interconnected VoIP service; (7) "Registered location" means the most recent information obtained by an interconnected VoIP service provider that identifies the physical location of an end user; (8) "Subscriber" means a person: (A) Who subscribes to a caller identification service in connection with a telecommunications service or an interconnected VoIP service; and (B) Whose place of primary use for the service described in subdivision (8)(A) is located in this state; (9) "Telecommunications service" means the offering of telecommunications for a fee directly to the public, or to classes of users so as to be effectively available directly to the public, regardless of the facilities used; (10) "Text message": (A) Means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; (B) Includes a short message service (SMS) message, an enhanced message service (EMS) message, and a multimedia message service (MMS) message; and (C) Does not include a real-time, two-way voice or video communication; and (11) "Text messaging service" means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a telecommunications service or an interconnected VoIP service. Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
As used in this part:
(1) "Automatic number identification": (A) Means a system that identifies the billing account for a call; and (B) Includes an enhanced 911 service capability that enables the automatic display of the ten-digit number used to place a 911 call from a wire line, wireless, interconnected VoIP, or nontraditional telephone service;
(A) Means a system that identifies the billing account for a call; and
(B) Includes an enhanced 911 service capability that enables the automatic display of the ten-digit number used to place a 911 call from a wire line, wireless, interconnected VoIP, or nontraditional telephone service;
(2) "Caller identification information" means information provided by a caller identification service regarding the telephone number, or other origination information, of a call or facsimile transmission made using a telecommunications service or an interconnected VoIP service, or of a text message sent using a text messaging service;
(3) "Caller identification service": (A) Means any service or device designed to provide the user of the service or device with the telephone number, or other origination information, of a call or facsimile transmission made using a telecommunications service or an interconnected VoIP service, or of a text message sent using a text messaging service; and (B) Includes automatic number identification services;
(A) Means any service or device designed to provide the user of the service or device with the telephone number, or other origination information, of a call or facsimile transmission made using a telecommunications service or an interconnected VoIP service, or of a text message sent using a text messaging service; and
(B) Includes automatic number identification services;
(4) "Interconnected VoIP service" means an interconnected voice over internet protocol service that: (A) Enables real-time, two-way voice communications; (B) Requires a broadband internet connection from the user's location; (C) Requires Internet protocol-compatible customer premises equipment; and (D) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network;
(A) Enables real-time, two-way voice communications;
(B) Requires a broadband internet connection from the user's location;
(C) Requires Internet protocol-compatible customer premises equipment; and
(D) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network;
(5) "Place of primary use" means the street address where a subscriber's use of a telecommunications service or interconnected VoIP service primarily occurs, which shall be: (A) The residential street address or the primary business street address of the subscriber or, in the case of a subscriber of interconnected VoIP service, the subscriber's registered location; and (B) Within the licensed service area of the provider;
(A) The residential street address or the primary business street address of the subscriber or, in the case of a subscriber of interconnected VoIP service, the subscriber's registered location; and
(B) Within the licensed service area of the provider;
(6) "Provider" means a person or entity that offers telecommunications service or interconnected VoIP service;
(7) "Registered location" means the most recent information obtained by an interconnected VoIP service provider that identifies the physical location of an end user;
(8) "Subscriber" means a person: (A) Who subscribes to a caller identification service in connection with a telecommunications service or an interconnected VoIP service; and (B) Whose place of primary use for the service described in subdivision (8)(A) is located in this state;
(A) Who subscribes to a caller identification service in connection with a telecommunications service or an interconnected VoIP service; and
(B) Whose place of primary use for the service described in subdivision (8)(A) is located in this state;
(9) "Telecommunications service" means the offering of telecommunications for a fee directly to the public, or to classes of users so as to be effectively available directly to the public, regardless of the facilities used;
(10) "Text message": (A) Means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; (B) Includes a short message service (SMS) message, an enhanced message service (EMS) message, and a multimedia message service (MMS) message; and (C) Does not include a real-time, two-way voice or video communication; and
(A) Means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number;
(B) Includes a short message service (SMS) message, an enhanced message service (EMS) message, and a multimedia message service (MMS) message; and
(C) Does not include a real-time, two-way voice or video communication; and
(11) "Text messaging service" means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a telecommunications service or an interconnected VoIP service.
Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 47-2a-405 — TN Code / Title 47 / Chapter 2a / Section 47-2a-405
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 4 - PERFORMANCE OF LEASE CONTRACT: REPUDIATED, SUBSTITUTED AND EXCUSED (§§ 47-2A-401 — 47-2A-407) Section 47-2A-405 - Excused performance
Status: in_force

Subject to § 47-2A-404 on substituted performance, the following rules apply: (a) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid. (b) If the causes mentioned in paragraph (a) affect only part of the lessor's or the supplier's capacity to perform, he or she shall allocate production and deliveries among his or her customers but at his or her option may include regular customers not then under contract for sale or lease as well as his or her own requirements for further manufacture. He or she may so allocate in any manner that is fair and reasonable. (c) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (b), of the estimated quota thus made available for the lessee. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Subject to § 47-2A-404 on substituted performance, the following rules apply:
(a) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.
(b) If the causes mentioned in paragraph (a) affect only part of the lessor's or the supplier's capacity to perform, he or she shall allocate production and deliveries among his or her customers but at his or her option may include regular customers not then under contract for sale or lease as well as his or her own requirements for further manufacture. He or she may so allocate in any manner that is fair and reasonable.
(c) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (b), of the estimated quota thus made available for the lessee.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-18-5503 — TN Code / Title 47 / Chapter 18 / Section 47-18-5503
Exempt agreements and persons
Status: in_force

This part does not apply to: (1) An agreement with an individual whom the provider has no reason to know resides in this state at the time of the agreement; (2) A provider to the extent that the provider: (A) Provides or agrees to provide debt-management, educational or counseling services to an individual whom the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or (B) Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors; or (3) The following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession: (A) A judicial officer, a person acting under an order of a court or an administrative agency or an assignee for the benefit of creditors; (B) A bank; (C) An affiliate, as defined in § 47-18-5502 , of a bank if the affiliate is regulated by a federal or state banking regulatory authority; (D) Any person who is engaged in the credit services business as defined in § 47-18-1002 but is not engaged in the business of debt counseling, debt management or debt settlement as defined by this part; provided, that the person is registered as a credit services business with the administrator; or (E) A title insurer, escrow company or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services. Acts 2009, ch. 469, § 1.
This part does not apply to:
(1) An agreement with an individual whom the provider has no reason to know resides in this state at the time of the agreement;
(2) A provider to the extent that the provider: (A) Provides or agrees to provide debt-management, educational or counseling services to an individual whom the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or (B) Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors; or
(A) Provides or agrees to provide debt-management, educational or counseling services to an individual whom the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or
(B) Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors; or
(3) The following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession: (A) A judicial officer, a person acting under an order of a court or an administrative agency or an assignee for the benefit of creditors; (B) A bank; (C) An affiliate, as defined in § 47-18-5502 , of a bank if the affiliate is regulated by a federal or state banking regulatory authority; (D) Any person who is engaged in the credit services business as defined in § 47-18-1002 but is not engaged in the business of debt counseling, debt management or debt settlement as defined by this part; provided, that the person is registered as a credit services business with the administrator; or (E) A title insurer, escrow company or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.
(A) A judicial officer, a person acting under an order of a court or an administrative agency or an assignee for the benefit of creditors;
(B) A bank;
(C) An affiliate, as defined in § 47-18-5502 , of a bank if the affiliate is regulated by a federal or state banking regulatory authority;
(D) Any person who is engaged in the credit services business as defined in § 47-18-1002 but is not engaged in the business of debt counseling, debt management or debt settlement as defined by this part; provided, that the person is registered as a credit services business with the administrator; or
(E) A title insurer, escrow company or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-5-117 — TN Code / Title 47 / Chapter 5 / Section 47-5-117
Subrogation of issuer, applicant, and nominated person
Status: in_force

(a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant. (b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a). (c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of: (1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) the applicant to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant. (d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse. Acts 1998, ch. 675, § 1.
(a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.
(b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a).
(c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of: (1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) the applicant to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.
(1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;
(2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and
(3) the applicant to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.
(d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-3-207 — TN Code / Title 47 / Chapter 3 / Section 47-3-207
Reacquisition
Status: in_force

Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel endorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An endorser whose endorsement is cancelled is discharged, and the discharge is effective against any subsequent holder. Acts 1995, ch. 397, § 2.
Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel endorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An endorser whose endorsement is cancelled is discharged, and the discharge is effective against any subsequent holder.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-9-210 — TN Code / Title 47 / Chapter 9 / Section 47-9-210
Request for accounting; request regarding list of collateral or statement of account
Status: in_force

(a) Definitions. In this section: (1) "Request" means a record of a type described in paragraph (2), (3), or (4). (2) "Request for an accounting" means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request. (3) "Request regarding a list of collateral" means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request. (4) "Request regarding a statement of account" means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request. (b) Duty to respond to requests. Subject to subsections (c), (d), (e), and (f), a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt: (1) in the case of a request for an accounting, by authenticating and sending to the debtor an accounting; and (2) in the case of a request regarding a list of collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction. (c) Request regarding list of collateral; statement concerning type of collateral. A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt. (d) Request regarding list of collateral; no interest claimed. A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record: (1) disclaiming any interest in the collateral; and (2) if known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the collateral. (e) Request for accounting or regarding statement of account; no interest in obligation claimed. A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record: (1) disclaiming any interest in the obligations; and (2) if known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the obligations. (f) Charges for responses. A debtor is entitled without charge to one (1) response to a request under this section during any six-month period. The secured party may require payment of a charge not exceeding twenty-five dollars ($25.00) for each additional response. Acts 2000, ch. 846, § 1.
(a) Definitions. In this section: (1) "Request" means a record of a type described in paragraph (2), (3), or (4). (2) "Request for an accounting" means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request. (3) "Request regarding a list of collateral" means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request. (4) "Request regarding a statement of account" means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
(1) "Request" means a record of a type described in paragraph (2), (3), or (4).
(2) "Request for an accounting" means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
(3) "Request regarding a list of collateral" means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
(4) "Request regarding a statement of account" means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
(b) Duty to respond to requests. Subject to subsections (c), (d), (e), and (f), a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt: (1) in the case of a request for an accounting, by authenticating and sending to the debtor an accounting; and (2) in the case of a request regarding a list of collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction.
(1) in the case of a request for an accounting, by authenticating and sending to the debtor an accounting; and
(2) in the case of a request regarding a list of collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction.
(c) Request regarding list of collateral; statement concerning type of collateral. A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt.
(d) Request regarding list of collateral; no interest claimed. A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record: (1) disclaiming any interest in the collateral; and (2) if known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the collateral.
(1) disclaiming any interest in the collateral; and
(2) if known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the collateral.
(e) Request for accounting or regarding statement of account; no interest in obligation claimed. A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record: (1) disclaiming any interest in the obligations; and (2) if known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the obligations.
(1) disclaiming any interest in the obligations; and
(2) if known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the obligations.
(f) Charges for responses. A debtor is entitled without charge to one (1) response to a request under this section during any six-month period. The secured party may require payment of a charge not exceeding twenty-five dollars ($25.00) for each additional response.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-5002 — TN Code / Title 47 / Chapter 18 / Section 47-18-5002
Power to employ personnel
Status: in_force

The attorney general and reporter has the power to employ such personnel as may be necessary and appropriate to accomplish the purposes of this chapter, and the attorney general and reporter, or the attorney general's designee, shall: (1) Serve as the central coordinating agency for receiving complaints by Tennessee consumers or about Tennessee businesses regarding unfair or deceptive acts or practices; (2) Provide copies to, or otherwise notify, the persons identified in the complaints as engaging in unfair or deceptive practices and allowing them an opportunity to respond, within a reasonable time, to the division with, if appropriate, a proposal to resolve the complaint. Upon receiving a response, the division may share the response with the complainant and may facilitate additional communication between the person identified in the complaint and the complainant in an effort to encourage a mutually agreeable resolution; (3) Report annually to the general assembly on the activities of the division. The report shall include, but not be limited to, a statement of the investigatory and enforcement procedures and policies of the division, as well as a statement of the number of complaints filed and of investigations or enforcement proceedings instituted and of their disposition. The report shall not identify any person who has not been otherwise publicly identified in enforcement proceedings unless such person consents to identification. The report may include recommendations for proposed legislation designed to remedy specific unfair or deceptive acts or practices. Pursuant to the reporting requirements of this subdivision (3), the director of consumer affairs appointed pursuant to § 47-18-5001 shall provide a written report and testify annually to the commerce and labor committee of the senate and the commerce committee of the house of representatives. The reports made pursuant to this subdivision (3) must be submitted no later than February 1 of each year; (4) Lend assistance to any district attorney general who elects to criminally prosecute any person for any criminal act or practice directed against the consuming public; and (5) Promote consumer education and inform the public of policies, decisions, and legislation affecting consumers. Amended by 2021 Tenn. Acts, ch. 64, s 66, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 459, s 48, eff. 9/30/2019. Amended by 2019 Tenn. Acts, ch. 459, s 47, eff. 9/30/2019. Amended by 2018 Tenn. Acts, ch. 684, s 1, eff. 4/12/2018. Amended by 2013 Tenn. Acts, ch. 236, s 15, eff. 4/19/2013. Acts 1973, ch. 83, § 2; 1977, ch. 438, § 5; T.C.A., §§ 43-115, 43-1-203.
The attorney general and reporter has the power to employ such personnel as may be necessary and appropriate to accomplish the purposes of this chapter, and the attorney general and reporter, or the attorney general's designee, shall:
(1) Serve as the central coordinating agency for receiving complaints by Tennessee consumers or about Tennessee businesses regarding unfair or deceptive acts or practices;
(2) Provide copies to, or otherwise notify, the persons identified in the complaints as engaging in unfair or deceptive practices and allowing them an opportunity to respond, within a reasonable time, to the division with, if appropriate, a proposal to resolve the complaint. Upon receiving a response, the division may share the response with the complainant and may facilitate additional communication between the person identified in the complaint and the complainant in an effort to encourage a mutually agreeable resolution;
(3) Report annually to the general assembly on the activities of the division. The report shall include, but not be limited to, a statement of the investigatory and enforcement procedures and policies of the division, as well as a statement of the number of complaints filed and of investigations or enforcement proceedings instituted and of their disposition. The report shall not identify any person who has not been otherwise publicly identified in enforcement proceedings unless such person consents to identification. The report may include recommendations for proposed legislation designed to remedy specific unfair or deceptive acts or practices. Pursuant to the reporting requirements of this subdivision (3), the director of consumer affairs appointed pursuant to § 47-18-5001 shall provide a written report and testify annually to the commerce and labor committee of the senate and the commerce committee of the house of representatives. The reports made pursuant to this subdivision (3) must be submitted no later than February 1 of each year;
(4) Lend assistance to any district attorney general who elects to criminally prosecute any person for any criminal act or practice directed against the consuming public; and
(5) Promote consumer education and inform the public of policies, decisions, and legislation affecting consumers.
Amended by 2021 Tenn. Acts, ch. 64, s 66, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 459, s 48, eff. 9/30/2019.
Amended by 2019 Tenn. Acts, ch. 459, s 47, eff. 9/30/2019.
Amended by 2018 Tenn. Acts, ch. 684, s 1, eff. 4/12/2018.
Amended by 2013 Tenn. Acts, ch. 236, s 15, eff. 4/19/2013.
Acts 1973, ch. 83, § 2; 1977, ch. 438, § 5; T.C.A., §§ 43-115, 43-1-203.
Tenn. Code Ann. § 47-1-202 — TN Code / Title 47 / Chapter 1 / Section 47-1-202
Notice - Knowledge
Status: in_force

(a) Subject to subsection (f), a person has "notice" of a fact if the person: (1) Has actual knowledge of it; (2) Has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. (b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning. (c) "Discover", "learn", or words of similar import refer to knowledge rather than to reason to know. (d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it. (e) Subject to subsection (f), a person "receives" a notice or notification when: (1) It comes to that person's attention; or (2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications. (f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. Acts 2008, ch. 930, § 1.
(a) Subject to subsection (f), a person has "notice" of a fact if the person: (1) Has actual knowledge of it; (2) Has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(1) Has actual knowledge of it;
(2) Has received a notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(c) "Discover", "learn", or words of similar import refer to knowledge rather than to reason to know.
(d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e) Subject to subsection (f), a person "receives" a notice or notification when: (1) It comes to that person's attention; or (2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(1) It comes to that person's attention; or
(2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-18-5528 — TN Code / Title 47 / Chapter 18 / Section 47-18-5528
Prohibited acts and practices
Status: in_force

(a) A provider may not, directly or indirectly: (1) Misappropriate or misapply money held in trust; (2) Settle a debt on behalf of an individual for more than fifty percent (50%) of the outstanding amount of the debt owed a creditor, unless the individual assents to the settlement after the creditor has assented; (3) Take a power of attorney that authorizes it to settle a debt, unless the power of attorney expressly limits the provider's authority to settle debts for not more than fifty percent (50%) of the outstanding amount of the debt owed a creditor; (4) Exercise or attempt to exercise a power of attorney after an individual has terminated an agreement; (5) Initiate a transfer from an individual's account at a bank or with another person unless the transfer is: (A) A return of money to the individual; or (B) Before termination of an agreement, properly authorized by the agreement and this part, and for: (i) Payment to one (1) or more creditors pursuant to an agreement; or (ii) Payment of a fee; (6) Offer a gift or bonus, premium, reward or other compensation to an individual for executing an agreement; (7) Offer, pay or give a gift or bonus, premium, reward or other compensation to a person for referring a prospective customer, if the person making the referral has a financial interest in the outcome of debt-management services provided to the customer, unless neither the provider nor the person making the referral communicates to the prospective customer the identity of the source of the referral; (8) Receive a bonus, commission or other benefit for referring an individual to a person; (9) Structure a plan in a manner that would result in a negative amortization of any of an individual's debts, unless a creditor that is owed a negatively amortizing debt agrees to refund or waive the finance charge upon payment of the principal amount of the debt; (10) Compensate its employees on the basis of a formula that incorporates the number of individuals the employee induces to enter into agreements; (11) Settle a debt or lead an individual to believe that a payment to a creditor is in settlement of a debt to the creditor unless, at the time of settlement, the individual receives a certification by the creditor that the payment is in full settlement of the debt or is part of a payment plan, the terms of which are included in the certification, that upon completion, will lead to full settlement of the debt; (12) Make a representation that: (A) The provider will furnish money to pay bills or prevent attachments; (B) Payment of a certain amount will permit satisfaction of a certain amount or range of indebtedness; or (C) Participation in a plan will or may prevent litigation, garnishment, attachment, repossession, foreclosure, eviction or loss of employment; (13) Misrepresent that it is authorized or competent to furnish legal advice or perform legal services; (14) Represent in its agreements, disclosures required by this part, advertisements or Internet web site that it is: (A) A not-for-profit entity unless it is organized and properly operating as a not-for-profit entity under the law of the state in which it was formed; or (B) A tax-exempt entity unless it has received certification of tax-exempt status from the internal revenue service and is properly operating as a not-for-profit entity under the law of the state in which it was formed; (15) Take a confession of judgment or power of attorney to confess judgment against an individual; or (16) Employ an unfair, unconscionable or deceptive act or practice, including the knowing omission of any material information. (b) If a provider furnishes debt-management services to an individual, the provider may not, directly or indirectly: (1) Purchase a debt or obligation of the individual; (2) Receive from or on behalf of the individual: (A) A promissory note or other negotiable instrument other than a check or a demand draft; or (B) A post-dated check or demand draft; (3) Lend money or provide credit to the individual, except as a deferral of a settlement fee at no additional expense to the individual; (4) Obtain a mortgage or other security interest from any person in connection with the services provided to the individual; (5) Except as permitted by federal law, disclose the identity or identifying information of the individual or the identity of the individual's creditors, except to: (A) The administrator, upon proper demand; (B) A creditor of the individual, to the extent necessary to secure the cooperation of the creditor in a plan; or (C) The extent necessary to administer the plan; (6) Except as otherwise provided in § 47-18-5523(f) , provide the individual less than the full benefit of a compromise of a debt arranged by the provider; (7) Charge the individual for or provide credit or other insurance, coupons for goods or services, membership in a club, access to computers or the Internet, or any other matter not directly related to debt-management services or educational services concerning personal finance except to the extent such services are expressly authorized by the administrator; or (8) Furnish legal advice or perform legal services, unless the person furnishing that advice to or performing those services for the individual is licensed to practice law. (c) This part does not authorize any person to engage in the practice of law. (d) A provider may not receive a gift or bonus, premium, reward or other compensation, directly or indirectly, for advising, arranging or assisting an individual in connection with obtaining an extension of credit or other service from a lender or service provider, except for educational or counseling services required in connection with a government-sponsored program. (e) Unless a person supplies goods, services or facilities generally and supplies them to the provider at a cost no greater than the cost the person generally charges to others, a provider may not purchase goods, services or facilities from the person if an employee or a person that the provider should reasonably know is an affiliate of the provider: (1) Owns more than ten percent (10%) of the person; or (2) Is an employee or affiliate of the person. Acts 2009, ch. 469, § 1.
(a) A provider may not, directly or indirectly: (1) Misappropriate or misapply money held in trust; (2) Settle a debt on behalf of an individual for more than fifty percent (50%) of the outstanding amount of the debt owed a creditor, unless the individual assents to the settlement after the creditor has assented; (3) Take a power of attorney that authorizes it to settle a debt, unless the power of attorney expressly limits the provider's authority to settle debts for not more than fifty percent (50%) of the outstanding amount of the debt owed a creditor; (4) Exercise or attempt to exercise a power of attorney after an individual has terminated an agreement; (5) Initiate a transfer from an individual's account at a bank or with another person unless the transfer is: (A) A return of money to the individual; or (B) Before termination of an agreement, properly authorized by the agreement and this part, and for: (i) Payment to one (1) or more creditors pursuant to an agreement; or (ii) Payment of a fee; (6) Offer a gift or bonus, premium, reward or other compensation to an individual for executing an agreement; (7) Offer, pay or give a gift or bonus, premium, reward or other compensation to a person for referring a prospective customer, if the person making the referral has a financial interest in the outcome of debt-management services provided to the customer, unless neither the provider nor the person making the referral communicates to the prospective customer the identity of the source of the referral; (8) Receive a bonus, commission or other benefit for referring an individual to a person; (9) Structure a plan in a manner that would result in a negative amortization of any of an individual's debts, unless a creditor that is owed a negatively amortizing debt agrees to refund or waive the finance charge upon payment of the principal amount of the debt; (10) Compensate its employees on the basis of a formula that incorporates the number of individuals the employee induces to enter into agreements; (11) Settle a debt or lead an individual to believe that a payment to a creditor is in settlement of a debt to the creditor unless, at the time of settlement, the individual receives a certification by the creditor that the payment is in full settlement of the debt or is part of a payment plan, the terms of which are included in the certification, that upon completion, will lead to full settlement of the debt; (12) Make a representation that: (A) The provider will furnish money to pay bills or prevent attachments; (B) Payment of a certain amount will permit satisfaction of a certain amount or range of indebtedness; or (C) Participation in a plan will or may prevent litigation, garnishment, attachment, repossession, foreclosure, eviction or loss of employment; (13) Misrepresent that it is authorized or competent to furnish legal advice or perform legal services; (14) Represent in its agreements, disclosures required by this part, advertisements or Internet web site that it is: (A) A not-for-profit entity unless it is organized and properly operating as a not-for-profit entity under the law of the state in which it was formed; or (B) A tax-exempt entity unless it has received certification of tax-exempt status from the internal revenue service and is properly operating as a not-for-profit entity under the law of the state in which it was formed; (15) Take a confession of judgment or power of attorney to confess judgment against an individual; or (16) Employ an unfair, unconscionable or deceptive act or practice, including the knowing omission of any material information.
(1) Misappropriate or misapply money held in trust;
(2) Settle a debt on behalf of an individual for more than fifty percent (50%) of the outstanding amount of the debt owed a creditor, unless the individual assents to the settlement after the creditor has assented;
(3) Take a power of attorney that authorizes it to settle a debt, unless the power of attorney expressly limits the provider's authority to settle debts for not more than fifty percent (50%) of the outstanding amount of the debt owed a creditor;
(4) Exercise or attempt to exercise a power of attorney after an individual has terminated an agreement;
(5) Initiate a transfer from an individual's account at a bank or with another person unless the transfer is: (A) A return of money to the individual; or (B) Before termination of an agreement, properly authorized by the agreement and this part, and for: (i) Payment to one (1) or more creditors pursuant to an agreement; or (ii) Payment of a fee;
(A) A return of money to the individual; or
(B) Before termination of an agreement, properly authorized by the agreement and this part, and for: (i) Payment to one (1) or more creditors pursuant to an agreement; or (ii) Payment of a fee;
(i) Payment to one (1) or more creditors pursuant to an agreement; or
(ii) Payment of a fee;
(6) Offer a gift or bonus, premium, reward or other compensation to an individual for executing an agreement;
(7) Offer, pay or give a gift or bonus, premium, reward or other compensation to a person for referring a prospective customer, if the person making the referral has a financial interest in the outcome of debt-management services provided to the customer, unless neither the provider nor the person making the referral communicates to the prospective customer the identity of the source of the referral;
(8) Receive a bonus, commission or other benefit for referring an individual to a person;
(9) Structure a plan in a manner that would result in a negative amortization of any of an individual's debts, unless a creditor that is owed a negatively amortizing debt agrees to refund or waive the finance charge upon payment of the principal amount of the debt;
(10) Compensate its employees on the basis of a formula that incorporates the number of individuals the employee induces to enter into agreements;
(11) Settle a debt or lead an individual to believe that a payment to a creditor is in settlement of a debt to the creditor unless, at the time of settlement, the individual receives a certification by the creditor that the payment is in full settlement of the debt or is part of a payment plan, the terms of which are included in the certification, that upon completion, will lead to full settlement of the debt;
(12) Make a representation that: (A) The provider will furnish money to pay bills or prevent attachments; (B) Payment of a certain amount will permit satisfaction of a certain amount or range of indebtedness; or (C) Participation in a plan will or may prevent litigation, garnishment, attachment, repossession, foreclosure, eviction or loss of employment;
(A) The provider will furnish money to pay bills or prevent attachments;
(B) Payment of a certain amount will permit satisfaction of a certain amount or range of indebtedness; or
(C) Participation in a plan will or may prevent litigation, garnishment, attachment, repossession, foreclosure, eviction or loss of employment;
(13) Misrepresent that it is authorized or competent to furnish legal advice or perform legal services;
(14) Represent in its agreements, disclosures required by this part, advertisements or Internet web site that it is: (A) A not-for-profit entity unless it is organized and properly operating as a not-for-profit entity under the law of the state in which it was formed; or (B) A tax-exempt entity unless it has received certification of tax-exempt status from the internal revenue service and is properly operating as a not-for-profit entity under the law of the state in which it was formed;
(A) A not-for-profit entity unless it is organized and properly operating as a not-for-profit entity under the law of the state in which it was formed; or
(B) A tax-exempt entity unless it has received certification of tax-exempt status from the internal revenue service and is properly operating as a not-for-profit entity under the law of the state in which it was formed;
(15) Take a confession of judgment or power of attorney to confess judgment against an individual; or
(16) Employ an unfair, unconscionable or deceptive act or practice, including the knowing omission of any material information.
(b) If a provider furnishes debt-management services to an individual, the provider may not, directly or indirectly: (1) Purchase a debt or obligation of the individual; (2) Receive from or on behalf of the individual: (A) A promissory note or other negotiable instrument other than a check or a demand draft; or (B) A post-dated check or demand draft; (3) Lend money or provide credit to the individual, except as a deferral of a settlement fee at no additional expense to the individual; (4) Obtain a mortgage or other security interest from any person in connection with the services provided to the individual; (5) Except as permitted by federal law, disclose the identity or identifying information of the individual or the identity of the individual's creditors, except to: (A) The administrator, upon proper demand; (B) A creditor of the individual, to the extent necessary to secure the cooperation of the creditor in a plan; or (C) The extent necessary to administer the plan; (6) Except as otherwise provided in § 47-18-5523(f) , provide the individual less than the full benefit of a compromise of a debt arranged by the provider; (7) Charge the individual for or provide credit or other insurance, coupons for goods or services, membership in a club, access to computers or the Internet, or any other matter not directly related to debt-management services or educational services concerning personal finance except to the extent such services are expressly authorized by the administrator; or (8) Furnish legal advice or perform legal services, unless the person furnishing that advice to or performing those services for the individual is licensed to practice law.
(1) Purchase a debt or obligation of the individual;
(2) Receive from or on behalf of the individual: (A) A promissory note or other negotiable instrument other than a check or a demand draft; or (B) A post-dated check or demand draft;
(A) A promissory note or other negotiable instrument other than a check or a demand draft; or
(B) A post-dated check or demand draft;
(3) Lend money or provide credit to the individual, except as a deferral of a settlement fee at no additional expense to the individual;
(4) Obtain a mortgage or other security interest from any person in connection with the services provided to the individual;
(5) Except as permitted by federal law, disclose the identity or identifying information of the individual or the identity of the individual's creditors, except to: (A) The administrator, upon proper demand; (B) A creditor of the individual, to the extent necessary to secure the cooperation of the creditor in a plan; or (C) The extent necessary to administer the plan;
(A) The administrator, upon proper demand;
(B) A creditor of the individual, to the extent necessary to secure the cooperation of the creditor in a plan; or
(C) The extent necessary to administer the plan;
(6) Except as otherwise provided in § 47-18-5523(f) , provide the individual less than the full benefit of a compromise of a debt arranged by the provider;
(7) Charge the individual for or provide credit or other insurance, coupons for goods or services, membership in a club, access to computers or the Internet, or any other matter not directly related to debt-management services or educational services concerning personal finance except to the extent such services are expressly authorized by the administrator; or
(8) Furnish legal advice or perform legal services, unless the person furnishing that advice to or performing those services for the individual is licensed to practice law.
(c) This part does not authorize any person to engage in the practice of law.
(d) A provider may not receive a gift or bonus, premium, reward or other compensation, directly or indirectly, for advising, arranging or assisting an individual in connection with obtaining an extension of credit or other service from a lender or service provider, except for educational or counseling services required in connection with a government-sponsored program.
(e) Unless a person supplies goods, services or facilities generally and supplies them to the provider at a cost no greater than the cost the person generally charges to others, a provider may not purchase goods, services or facilities from the person if an employee or a person that the provider should reasonably know is an affiliate of the provider: (1) Owns more than ten percent (10%) of the person; or (2) Is an employee or affiliate of the person.
(1) Owns more than ten percent (10%) of the person; or
(2) Is an employee or affiliate of the person.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-18-3302 — TN Code / Title 47 / Chapter 18 / Section 47-18-3302
[Effective 7/1/2025] Part definitions
Status: in_force

As used in this part: (1) "Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. As used in this subdivision (1), "control" or "controlled" means: (A) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding shares of a class of voting security of a company; (B) Control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or (C) The power to exercise controlling influence over the management of a company; (2) "Authenticate" means to verify using reasonable means that a consumer who is entitled to exercise the rights in § 47-18-3304 , is the same consumer who is exercising those consumer rights with respect to the personal information at issue; (3) "Biometric data": (A) Means data generated by automatic measurement of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological patterns or characteristics that are used to identify a specific individual; and (B) Does not include a physical or digital photograph, video recording, or audio recording or data generated from a photograph or video or audio recording; or information collected, used, or stored for healthcare treatment, payment, or operations under HIPAA; (4) "Business associate" has the same meaning as defined by HIPAA; (5) "Child" means a natural person younger than thirteen (13) years of age; (6) "Consent": (A) Means a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to process personal information relating to the consumer; and (B) May include a written statement, including a statement written by electronic means, or an unambiguous affirmative action; (7) "Consumer": (A) Means a natural person who is a resident of this state acting only in a personal context; and (B) Does not include a natural person acting in a commercial or employment context; (8) "Controller" means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal information; (9) "Covered entity" has the same meaning as defined by HIPAA; (10) "Decisions that produce legal or similarly significant effects concerning the consumer" means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, healthcare services, or access to basic necessities, such as food and water; (11) "De-identified data" means data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to that individual; (12) "Health record": (A) Means a written, printed, or electronically recorded material that: (i) Was created or is maintained by a healthcare entity described in or licensed under title 68 in the course of providing healthcare services to an individual; and (ii) Concerns the individual and the services provided; and (B) Includes the substance of a communication made by an individual to a healthcare entity described in or licensed under title 68 in confidence during or in connection with the provision of healthcare services or information otherwise acquired by the healthcare entity about an individual in confidence and in connection with the provision of healthcare services to the individual; (13) "HIPAA" means the federal Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. § 1320d et seq.); (14) "Identified or identifiable natural person," "natural person," and "individual" mean a human being who can be readily identified, whether directly or indirectly; (15) "Institution of higher education" means a public or private institution of higher education; (16) "Nonprofit organization" means: (A) A corporation organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapter 51; (B) An organization exempt from taxation under the Internal Revenue Code, codified in 26 U.S.C. §§ 501 - 530 ; (C) A public utility organized under the laws of this state; or (D) An entity owned or controlled by a nonprofit organization; (17) "Personal information": (A) Means information that is linked or reasonably linkable to an identified or identifiable natural person; and (B) Does not include information that is: (i) Publicly available information; or (ii) De-identified or aggregate consumer information; (18) "Precise geolocation data": (A) Means information derived from technology, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of one thousand seven hundred fifty feet (1,750'); and (B) Does not include: (i) The content of communications; or (ii) Data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility; (19) "Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal information or on sets of personal information, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal information; (20) "Processor" means a natural or legal entity that processes personal information on behalf of a controller; (21) "Profiling" means a form of solely automated processing performed on personal information to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements; (22) "Protected health information" has the same meaning as defined by HIPAA; (23) "Pseudonymous data" means personal information that cannot be attributed to a specific natural person without the use of additional information, so long as the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal information is not attributed to an identified or identifiable natural person; (24) "Publicly available information" means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience; (25) "Sale of personal information": (A) Means the exchange of personal information for valuable monetary consideration by the controller to a third party; and (B) Does not include: (i) The disclosure of personal information to a processor that processes the personal information on behalf of the controller; (ii) The disclosure of personal information to a third party for purposes of providing a product or service requested by the consumer; (iii) The disclosure or transfer of personal information to an affiliate of the controller; (iv) The disclosure of information that the consumer: (a) Intentionally made available to the general public via a channel of mass media; and (b) Did not restrict to a specific audience; or (v) The disclosure or transfer of personal information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller's assets; (26) "Sensitive data" means a category of personal information that includes: (A) Personal information revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (B) The processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (C) The personal information collected from a known child; or (D) Precise geolocation data; (27) "State agency" means an agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch; (28) "Targeted advertising": (A) Means displaying to a consumer an advertisement that is selected based on personal information obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests; and (B) Does not include: (i) Advertisements based on activities within a controller's own websites or online applications; (ii) Advertisements based on the context of a consumer's current search query, visit to a website, or online application; (iii) Advertisements directed to a consumer in response to the consumer's request for information or feedback; or (iv) Personal information processed solely for measuring or reporting advertising performance, reach, or frequency; (29) "Third party" means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller; and (30) "Trade secret" means information, without regard to form, including, but not limited to, technical, nontechnical, or financial data, a formula, pattern, compilation, program, device, method, technique, plan, or process, that: (A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the information's disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain the information's secrecy. Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
As used in this part:
(1) "Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. As used in this subdivision (1), "control" or "controlled" means: (A) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding shares of a class of voting security of a company; (B) Control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or (C) The power to exercise controlling influence over the management of a company;
(A) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding shares of a class of voting security of a company;
(B) Control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or
(C) The power to exercise controlling influence over the management of a company;
(2) "Authenticate" means to verify using reasonable means that a consumer who is entitled to exercise the rights in § 47-18-3304 , is the same consumer who is exercising those consumer rights with respect to the personal information at issue;
(3) "Biometric data": (A) Means data generated by automatic measurement of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological patterns or characteristics that are used to identify a specific individual; and (B) Does not include a physical or digital photograph, video recording, or audio recording or data generated from a photograph or video or audio recording; or information collected, used, or stored for healthcare treatment, payment, or operations under HIPAA;
(A) Means data generated by automatic measurement of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological patterns or characteristics that are used to identify a specific individual; and
(B) Does not include a physical or digital photograph, video recording, or audio recording or data generated from a photograph or video or audio recording; or information collected, used, or stored for healthcare treatment, payment, or operations under HIPAA;
(4) "Business associate" has the same meaning as defined by HIPAA;
(5) "Child" means a natural person younger than thirteen (13) years of age;
(6) "Consent": (A) Means a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to process personal information relating to the consumer; and (B) May include a written statement, including a statement written by electronic means, or an unambiguous affirmative action;
(A) Means a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to process personal information relating to the consumer; and
(B) May include a written statement, including a statement written by electronic means, or an unambiguous affirmative action;
(7) "Consumer": (A) Means a natural person who is a resident of this state acting only in a personal context; and (B) Does not include a natural person acting in a commercial or employment context;
(A) Means a natural person who is a resident of this state acting only in a personal context; and
(B) Does not include a natural person acting in a commercial or employment context;
(8) "Controller" means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal information;
(9) "Covered entity" has the same meaning as defined by HIPAA;
(10) "Decisions that produce legal or similarly significant effects concerning the consumer" means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, healthcare services, or access to basic necessities, such as food and water;
(11) "De-identified data" means data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to that individual;
(12) "Health record": (A) Means a written, printed, or electronically recorded material that: (i) Was created or is maintained by a healthcare entity described in or licensed under title 68 in the course of providing healthcare services to an individual; and (ii) Concerns the individual and the services provided; and (B) Includes the substance of a communication made by an individual to a healthcare entity described in or licensed under title 68 in confidence during or in connection with the provision of healthcare services or information otherwise acquired by the healthcare entity about an individual in confidence and in connection with the provision of healthcare services to the individual;
(A) Means a written, printed, or electronically recorded material that: (i) Was created or is maintained by a healthcare entity described in or licensed under title 68 in the course of providing healthcare services to an individual; and (ii) Concerns the individual and the services provided; and
(i) Was created or is maintained by a healthcare entity described in or licensed under title 68 in the course of providing healthcare services to an individual; and
(ii) Concerns the individual and the services provided; and
(B) Includes the substance of a communication made by an individual to a healthcare entity described in or licensed under title 68 in confidence during or in connection with the provision of healthcare services or information otherwise acquired by the healthcare entity about an individual in confidence and in connection with the provision of healthcare services to the individual;
(13) "HIPAA" means the federal Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. § 1320d et seq.);
(14) "Identified or identifiable natural person," "natural person," and "individual" mean a human being who can be readily identified, whether directly or indirectly;
(15) "Institution of higher education" means a public or private institution of higher education;
(16) "Nonprofit organization" means: (A) A corporation organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapter 51; (B) An organization exempt from taxation under the Internal Revenue Code, codified in 26 U.S.C. §§ 501 - 530 ; (C) A public utility organized under the laws of this state; or (D) An entity owned or controlled by a nonprofit organization;
(A) A corporation organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapter 51;
(B) An organization exempt from taxation under the Internal Revenue Code, codified in 26 U.S.C. §§ 501 - 530 ;
(C) A public utility organized under the laws of this state; or
(D) An entity owned or controlled by a nonprofit organization;
(17) "Personal information": (A) Means information that is linked or reasonably linkable to an identified or identifiable natural person; and (B) Does not include information that is: (i) Publicly available information; or (ii) De-identified or aggregate consumer information;
(A) Means information that is linked or reasonably linkable to an identified or identifiable natural person; and
(B) Does not include information that is: (i) Publicly available information; or (ii) De-identified or aggregate consumer information;
(i) Publicly available information; or
(ii) De-identified or aggregate consumer information;
(18) "Precise geolocation data": (A) Means information derived from technology, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of one thousand seven hundred fifty feet (1,750'); and (B) Does not include: (i) The content of communications; or (ii) Data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility;
(A) Means information derived from technology, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of one thousand seven hundred fifty feet (1,750'); and
(B) Does not include: (i) The content of communications; or (ii) Data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility;
(i) The content of communications; or
(ii) Data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility;
(19) "Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal information or on sets of personal information, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal information;
(20) "Processor" means a natural or legal entity that processes personal information on behalf of a controller;
(21) "Profiling" means a form of solely automated processing performed on personal information to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;
(22) "Protected health information" has the same meaning as defined by HIPAA;
(23) "Pseudonymous data" means personal information that cannot be attributed to a specific natural person without the use of additional information, so long as the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal information is not attributed to an identified or identifiable natural person;
(24) "Publicly available information" means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience;
(25) "Sale of personal information": (A) Means the exchange of personal information for valuable monetary consideration by the controller to a third party; and (B) Does not include: (i) The disclosure of personal information to a processor that processes the personal information on behalf of the controller; (ii) The disclosure of personal information to a third party for purposes of providing a product or service requested by the consumer; (iii) The disclosure or transfer of personal information to an affiliate of the controller; (iv) The disclosure of information that the consumer: (a) Intentionally made available to the general public via a channel of mass media; and (b) Did not restrict to a specific audience; or (v) The disclosure or transfer of personal information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller's assets;
(A) Means the exchange of personal information for valuable monetary consideration by the controller to a third party; and
(B) Does not include: (i) The disclosure of personal information to a processor that processes the personal information on behalf of the controller; (ii) The disclosure of personal information to a third party for purposes of providing a product or service requested by the consumer; (iii) The disclosure or transfer of personal information to an affiliate of the controller; (iv) The disclosure of information that the consumer: (a) Intentionally made available to the general public via a channel of mass media; and (b) Did not restrict to a specific audience; or (v) The disclosure or transfer of personal information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller's assets;
(i) The disclosure of personal information to a processor that processes the personal information on behalf of the controller;
(ii) The disclosure of personal information to a third party for purposes of providing a product or service requested by the consumer;
(iii) The disclosure or transfer of personal information to an affiliate of the controller;
(iv) The disclosure of information that the consumer: (a) Intentionally made available to the general public via a channel of mass media; and (b) Did not restrict to a specific audience; or
(a) Intentionally made available to the general public via a channel of mass media; and
(b) Did not restrict to a specific audience; or
(v) The disclosure or transfer of personal information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller's assets;
(26) "Sensitive data" means a category of personal information that includes: (A) Personal information revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (B) The processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (C) The personal information collected from a known child; or (D) Precise geolocation data;
(A) Personal information revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status;
(B) The processing of genetic or biometric data for the purpose of uniquely identifying a natural person;
(C) The personal information collected from a known child; or
(D) Precise geolocation data;
(27) "State agency" means an agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch;
(28) "Targeted advertising": (A) Means displaying to a consumer an advertisement that is selected based on personal information obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests; and (B) Does not include: (i) Advertisements based on activities within a controller's own websites or online applications; (ii) Advertisements based on the context of a consumer's current search query, visit to a website, or online application; (iii) Advertisements directed to a consumer in response to the consumer's request for information or feedback; or (iv) Personal information processed solely for measuring or reporting advertising performance, reach, or frequency;
(A) Means displaying to a consumer an advertisement that is selected based on personal information obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests; and
(B) Does not include: (i) Advertisements based on activities within a controller's own websites or online applications; (ii) Advertisements based on the context of a consumer's current search query, visit to a website, or online application; (iii) Advertisements directed to a consumer in response to the consumer's request for information or feedback; or (iv) Personal information processed solely for measuring or reporting advertising performance, reach, or frequency;
(i) Advertisements based on activities within a controller's own websites or online applications;
(ii) Advertisements based on the context of a consumer's current search query, visit to a website, or online application;
(iii) Advertisements directed to a consumer in response to the consumer's request for information or feedback; or
(iv) Personal information processed solely for measuring or reporting advertising performance, reach, or frequency;
(29) "Third party" means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller; and
(30) "Trade secret" means information, without regard to form, including, but not limited to, technical, nontechnical, or financial data, a formula, pattern, compilation, program, device, method, technique, plan, or process, that: (A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the information's disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain the information's secrecy.
(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the information's disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain the information's secrecy.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
Tenn. Code Ann. § 47-25-1314 — TN Code / Title 47 / Chapter 25 / Section 47-25-1314
Applicability of franchise provisions
Status: in_force

Part 15 of this chapter does not apply to retailers, as defined in this part. Acts 1999, ch. 193, § 15.
Part 15 of this chapter does not apply to retailers, as defined in this part.
Acts 1999, ch. 193, § 15.
Tenn. Code Ann. § 47-18-2111 — TN Code / Title 47 / Chapter 18 / Section 47-18-2111
Protected consumer security freeze
Status: in_force

(a) As used in this section: (1) "Protected consumer" means: (A) An individual who is under sixteen (16) years of age at the time a request for the placement of a security freeze under this section is made; or (B) An incapacitated person for whom a guardian or conservator has been appointed pursuant to title 34; (2) "Protected consumer security freeze" means: (A) If a consumer reporting agency does not have a consumer report pertaining to the protected consumer, a restriction that: (i) Is placed on the protected consumer's record in accordance with this section; and (ii) Prohibits the consumer reporting agency from releasing the protected consumer's record except as provided in this section; or (B) If a consumer reporting agency has a consumer report pertaining to the protected consumer, a restriction that: (i) Is placed on the protected consumer's consumer report in accordance with this section; and (ii) Prohibits the consumer reporting agency from releasing the protected consumer's consumer report or any information derived from the protected consumer's consumer report except as provided in this section; (3) "Record" means a compilation of information that: (A) Identifies a protected consumer; (B) Is created by a consumer reporting agency solely for the purpose of complying with this section; and (C) Shall not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living; (4) "Representative" means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer; (5) "Sufficient proof of authority": (A) Means documentation that shows a representative has authority to act on behalf of a protected consumer; and (B) Includes: (i) An order issued by a court of law; (ii) A lawfully executed and valid power of attorney; and (iii) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer; and (6) "Sufficient proof of identification": (A) Means information or documentation that identifies a protected consumer or the protected consumer's representative; and (B) Includes: (i) A social security number or a copy of a social security card issued by the social security administration; (ii) A certified or official copy of a certificate of birth issued by the entity authorized to issue the certificate of birth pursuant to title 68, chapter 3, part 3; (iii) A copy of a valid driver license or any other government-issued identification; or (iv) A copy of a bill, including a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services, that shows a name and home address. (b) This section does not apply to: (1) A person administering a consumer report monitoring subscription service to which: (A) The protected consumer has subscribed; or (B) The protected consumer's representative has subscribed on behalf of the protected consumer; (2) A person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's consumer report on request of the protected consumer or the protected consumer's representative; (3) A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer credit reports are produced; provided, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a consumer credit report by another consumer reporting agency; (4) A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; (5) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; or (6) A consumer reporting agency database or file that consists entirely of consumer information concerning, and used solely for: (A) Criminal record information; (B) Personal loss history information; (C) Fraud prevention or detection; (D) Employment screening; or (E) Tenant screening. (c) A consumer reporting agency shall place a protected consumer security freeze for a protected consumer if: (1) The consumer reporting agency receives a request from the protected consumer's representative for the placement of the security freeze under this section; and (2) The protected consumer's representative: (A) Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency; (B) Provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative; (C) Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer; and (D) Pays to the consumer reporting agency a fee as provided in subsection (j). (d) If a consumer reporting agency does not have a consumer report pertaining to a protected consumer when the consumer reporting agency receives a request under subdivision (c)(2), the consumer reporting agency shall create a record for the protected consumer. (e) Within thirty (30) days after receiving a request that meets the requirements of subdivision (c)(2), a consumer reporting agency shall place a protected consumer security freeze. (f) Unless a protected consumer security freeze is removed in accordance with subsection (h) or (k), a consumer reporting agency shall not release the protected consumer's consumer report, any information derived from the protected consumer's consumer report, or any record created for the protected consumer. (g) A protected consumer security freeze placed under subsection (e) shall remain in effect until: (1) The protected consumer or the representative requests the consumer reporting agency to remove the protected consumer security freeze in accordance with subsection (h); or (2) The protected consumer security freeze is removed in accordance with subsection (k). (h) If a protected consumer or the representative wishes to remove a protected consumer security freeze, the protected consumer or the representative shall: (1) Submit a request for the removal of the protected consumer security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency; (2) Provide to the consumer reporting agency: (A) In the case of a request by the protected consumer: (i) Proof that the sufficient proof of authority for the representative to act on behalf of the protected consumer is no longer valid; and (ii) Sufficient proof of identification of the protected consumer; or (B) In the case of a request by the representative: (i) Sufficient proof of identification of the protected consumer and the representative; and (ii) Sufficient proof of authority to act on behalf of the protected consumer; and (3) Pay to the consumer reporting agency a fee as provided in subsection (j). (i) Within thirty (30) days after receiving a request that meets the requirements of subsection (h), the consumer reporting agency shall remove the protected consumer security freeze. (j) (1) Except as provided in subdivision (j)(2), a consumer reporting agency shall not charge any fee for any service performed under this section. (2) A consumer reporting agency may charge a reasonable fee, not exceeding ten dollars ($10.00), for each placement or removal of a protected consumer security freeze. (3) Notwithstanding subdivision (j)(2), a consumer reporting agency shall not charge any fee under this section if: (A) The protected consumer's representative: (i) Has obtained a police report of alleged identity fraud as described in § 39-14-150 , and the protected consumer is the alleged victim; and (ii) Provides a copy of the police report to the consumer reporting agency; or (B) A request for the placement or removal of a protected consumer security freeze is for a protected consumer who is under sixteen (16) years of age at the time of the request and the consumer reporting agency has a consumer report pertaining to the protected consumer. (k) A consumer reporting agency may remove a protected consumer security freeze or delete a record of a protected consumer if the protected consumer security freeze was placed, or the record was created, based on a material misrepresentation of fact by the protected consumer or the representative. (l) If a consumer reporting agency negligently violates subsection (f) by releasing credit information that has been placed under a protected consumer security freeze, the affected protected consumer and representative shall be entitled to all remedies set out in § 47-18-2108 in addition to any other remedies provided for by law. (m) [Deleted by 2019 amendment.] (n) With regard to security freezes as described in this section, this section supersedes § 47-18-2108 . Amended by 2019 Tenn. Acts, ch. 459,s 44, eff. 9/30/2019. Added by 2015 Tenn. Acts, ch. 282,s 1, eff. 7/1/2015.
(a) As used in this section: (1) "Protected consumer" means: (A) An individual who is under sixteen (16) years of age at the time a request for the placement of a security freeze under this section is made; or (B) An incapacitated person for whom a guardian or conservator has been appointed pursuant to title 34; (2) "Protected consumer security freeze" means: (A) If a consumer reporting agency does not have a consumer report pertaining to the protected consumer, a restriction that: (i) Is placed on the protected consumer's record in accordance with this section; and (ii) Prohibits the consumer reporting agency from releasing the protected consumer's record except as provided in this section; or (B) If a consumer reporting agency has a consumer report pertaining to the protected consumer, a restriction that: (i) Is placed on the protected consumer's consumer report in accordance with this section; and (ii) Prohibits the consumer reporting agency from releasing the protected consumer's consumer report or any information derived from the protected consumer's consumer report except as provided in this section; (3) "Record" means a compilation of information that: (A) Identifies a protected consumer; (B) Is created by a consumer reporting agency solely for the purpose of complying with this section; and (C) Shall not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living; (4) "Representative" means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer; (5) "Sufficient proof of authority": (A) Means documentation that shows a representative has authority to act on behalf of a protected consumer; and (B) Includes: (i) An order issued by a court of law; (ii) A lawfully executed and valid power of attorney; and (iii) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer; and (6) "Sufficient proof of identification": (A) Means information or documentation that identifies a protected consumer or the protected consumer's representative; and (B) Includes: (i) A social security number or a copy of a social security card issued by the social security administration; (ii) A certified or official copy of a certificate of birth issued by the entity authorized to issue the certificate of birth pursuant to title 68, chapter 3, part 3; (iii) A copy of a valid driver license or any other government-issued identification; or (iv) A copy of a bill, including a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services, that shows a name and home address.
(1) "Protected consumer" means: (A) An individual who is under sixteen (16) years of age at the time a request for the placement of a security freeze under this section is made; or (B) An incapacitated person for whom a guardian or conservator has been appointed pursuant to title 34;
(A) An individual who is under sixteen (16) years of age at the time a request for the placement of a security freeze under this section is made; or
(B) An incapacitated person for whom a guardian or conservator has been appointed pursuant to title 34;
(2) "Protected consumer security freeze" means: (A) If a consumer reporting agency does not have a consumer report pertaining to the protected consumer, a restriction that: (i) Is placed on the protected consumer's record in accordance with this section; and (ii) Prohibits the consumer reporting agency from releasing the protected consumer's record except as provided in this section; or (B) If a consumer reporting agency has a consumer report pertaining to the protected consumer, a restriction that: (i) Is placed on the protected consumer's consumer report in accordance with this section; and (ii) Prohibits the consumer reporting agency from releasing the protected consumer's consumer report or any information derived from the protected consumer's consumer report except as provided in this section;
(A) If a consumer reporting agency does not have a consumer report pertaining to the protected consumer, a restriction that: (i) Is placed on the protected consumer's record in accordance with this section; and (ii) Prohibits the consumer reporting agency from releasing the protected consumer's record except as provided in this section; or
(i) Is placed on the protected consumer's record in accordance with this section; and
(ii) Prohibits the consumer reporting agency from releasing the protected consumer's record except as provided in this section; or
(B) If a consumer reporting agency has a consumer report pertaining to the protected consumer, a restriction that: (i) Is placed on the protected consumer's consumer report in accordance with this section; and (ii) Prohibits the consumer reporting agency from releasing the protected consumer's consumer report or any information derived from the protected consumer's consumer report except as provided in this section;
(i) Is placed on the protected consumer's consumer report in accordance with this section; and
(ii) Prohibits the consumer reporting agency from releasing the protected consumer's consumer report or any information derived from the protected consumer's consumer report except as provided in this section;
(3) "Record" means a compilation of information that: (A) Identifies a protected consumer; (B) Is created by a consumer reporting agency solely for the purpose of complying with this section; and (C) Shall not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living;
(A) Identifies a protected consumer;
(B) Is created by a consumer reporting agency solely for the purpose of complying with this section; and
(C) Shall not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living;
(4) "Representative" means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer;
(5) "Sufficient proof of authority": (A) Means documentation that shows a representative has authority to act on behalf of a protected consumer; and (B) Includes: (i) An order issued by a court of law; (ii) A lawfully executed and valid power of attorney; and (iii) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer; and
(A) Means documentation that shows a representative has authority to act on behalf of a protected consumer; and
(B) Includes: (i) An order issued by a court of law; (ii) A lawfully executed and valid power of attorney; and (iii) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer; and
(i) An order issued by a court of law;
(ii) A lawfully executed and valid power of attorney; and
(iii) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer; and
(6) "Sufficient proof of identification": (A) Means information or documentation that identifies a protected consumer or the protected consumer's representative; and (B) Includes: (i) A social security number or a copy of a social security card issued by the social security administration; (ii) A certified or official copy of a certificate of birth issued by the entity authorized to issue the certificate of birth pursuant to title 68, chapter 3, part 3; (iii) A copy of a valid driver license or any other government-issued identification; or (iv) A copy of a bill, including a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services, that shows a name and home address.
(A) Means information or documentation that identifies a protected consumer or the protected consumer's representative; and
(B) Includes: (i) A social security number or a copy of a social security card issued by the social security administration; (ii) A certified or official copy of a certificate of birth issued by the entity authorized to issue the certificate of birth pursuant to title 68, chapter 3, part 3; (iii) A copy of a valid driver license or any other government-issued identification; or (iv) A copy of a bill, including a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services, that shows a name and home address.
(i) A social security number or a copy of a social security card issued by the social security administration;
(ii) A certified or official copy of a certificate of birth issued by the entity authorized to issue the certificate of birth pursuant to title 68, chapter 3, part 3;
(iii) A copy of a valid driver license or any other government-issued identification; or
(iv) A copy of a bill, including a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services, that shows a name and home address.
(b) This section does not apply to: (1) A person administering a consumer report monitoring subscription service to which: (A) The protected consumer has subscribed; or (B) The protected consumer's representative has subscribed on behalf of the protected consumer; (2) A person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's consumer report on request of the protected consumer or the protected consumer's representative; (3) A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer credit reports are produced; provided, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a consumer credit report by another consumer reporting agency; (4) A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; (5) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; or (6) A consumer reporting agency database or file that consists entirely of consumer information concerning, and used solely for: (A) Criminal record information; (B) Personal loss history information; (C) Fraud prevention or detection; (D) Employment screening; or (E) Tenant screening.
(1) A person administering a consumer report monitoring subscription service to which: (A) The protected consumer has subscribed; or (B) The protected consumer's representative has subscribed on behalf of the protected consumer;
(A) The protected consumer has subscribed; or
(B) The protected consumer's representative has subscribed on behalf of the protected consumer;
(2) A person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's consumer report on request of the protected consumer or the protected consumer's representative;
(3) A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer credit reports are produced; provided, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a consumer credit report by another consumer reporting agency;
(4) A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments;
(5) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; or
(6) A consumer reporting agency database or file that consists entirely of consumer information concerning, and used solely for: (A) Criminal record information; (B) Personal loss history information; (C) Fraud prevention or detection; (D) Employment screening; or (E) Tenant screening.
(A) Criminal record information;
(B) Personal loss history information;
(C) Fraud prevention or detection;
(D) Employment screening; or
(E) Tenant screening.
(c) A consumer reporting agency shall place a protected consumer security freeze for a protected consumer if: (1) The consumer reporting agency receives a request from the protected consumer's representative for the placement of the security freeze under this section; and (2) The protected consumer's representative: (A) Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency; (B) Provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative; (C) Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer; and (D) Pays to the consumer reporting agency a fee as provided in subsection (j).
(1) The consumer reporting agency receives a request from the protected consumer's representative for the placement of the security freeze under this section; and
(2) The protected consumer's representative: (A) Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency; (B) Provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative; (C) Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer; and (D) Pays to the consumer reporting agency a fee as provided in subsection (j).
(A) Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency;
(B) Provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative;
(C) Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer; and
(D) Pays to the consumer reporting agency a fee as provided in subsection (j).
(d) If a consumer reporting agency does not have a consumer report pertaining to a protected consumer when the consumer reporting agency receives a request under subdivision (c)(2), the consumer reporting agency shall create a record for the protected consumer.
(e) Within thirty (30) days after receiving a request that meets the requirements of subdivision (c)(2), a consumer reporting agency shall place a protected consumer security freeze.
(f) Unless a protected consumer security freeze is removed in accordance with subsection (h) or (k), a consumer reporting agency shall not release the protected consumer's consumer report, any information derived from the protected consumer's consumer report, or any record created for the protected consumer.
(g) A protected consumer security freeze placed under subsection (e) shall remain in effect until: (1) The protected consumer or the representative requests the consumer reporting agency to remove the protected consumer security freeze in accordance with subsection (h); or (2) The protected consumer security freeze is removed in accordance with subsection (k).
(1) The protected consumer or the representative requests the consumer reporting agency to remove the protected consumer security freeze in accordance with subsection (h); or
(2) The protected consumer security freeze is removed in accordance with subsection (k).
(h) If a protected consumer or the representative wishes to remove a protected consumer security freeze, the protected consumer or the representative shall: (1) Submit a request for the removal of the protected consumer security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency; (2) Provide to the consumer reporting agency: (A) In the case of a request by the protected consumer: (i) Proof that the sufficient proof of authority for the representative to act on behalf of the protected consumer is no longer valid; and (ii) Sufficient proof of identification of the protected consumer; or (B) In the case of a request by the representative: (i) Sufficient proof of identification of the protected consumer and the representative; and (ii) Sufficient proof of authority to act on behalf of the protected consumer; and (3) Pay to the consumer reporting agency a fee as provided in subsection (j).
(1) Submit a request for the removal of the protected consumer security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency;
(2) Provide to the consumer reporting agency: (A) In the case of a request by the protected consumer: (i) Proof that the sufficient proof of authority for the representative to act on behalf of the protected consumer is no longer valid; and (ii) Sufficient proof of identification of the protected consumer; or (B) In the case of a request by the representative: (i) Sufficient proof of identification of the protected consumer and the representative; and (ii) Sufficient proof of authority to act on behalf of the protected consumer; and
(A) In the case of a request by the protected consumer: (i) Proof that the sufficient proof of authority for the representative to act on behalf of the protected consumer is no longer valid; and (ii) Sufficient proof of identification of the protected consumer; or
(i) Proof that the sufficient proof of authority for the representative to act on behalf of the protected consumer is no longer valid; and
(ii) Sufficient proof of identification of the protected consumer; or
(B) In the case of a request by the representative: (i) Sufficient proof of identification of the protected consumer and the representative; and (ii) Sufficient proof of authority to act on behalf of the protected consumer; and
(i) Sufficient proof of identification of the protected consumer and the representative; and
(ii) Sufficient proof of authority to act on behalf of the protected consumer; and
(3) Pay to the consumer reporting agency a fee as provided in subsection (j).
(i) Within thirty (30) days after receiving a request that meets the requirements of subsection (h), the consumer reporting agency shall remove the protected consumer security freeze.
(j) (1) Except as provided in subdivision (j)(2), a consumer reporting agency shall not charge any fee for any service performed under this section. (2) A consumer reporting agency may charge a reasonable fee, not exceeding ten dollars ($10.00), for each placement or removal of a protected consumer security freeze. (3) Notwithstanding subdivision (j)(2), a consumer reporting agency shall not charge any fee under this section if: (A) The protected consumer's representative: (i) Has obtained a police report of alleged identity fraud as described in § 39-14-150 , and the protected consumer is the alleged victim; and (ii) Provides a copy of the police report to the consumer reporting agency; or (B) A request for the placement or removal of a protected consumer security freeze is for a protected consumer who is under sixteen (16) years of age at the time of the request and the consumer reporting agency has a consumer report pertaining to the protected consumer.
(1) Except as provided in subdivision (j)(2), a consumer reporting agency shall not charge any fee for any service performed under this section.
(2) A consumer reporting agency may charge a reasonable fee, not exceeding ten dollars ($10.00), for each placement or removal of a protected consumer security freeze.
(3) Notwithstanding subdivision (j)(2), a consumer reporting agency shall not charge any fee under this section if: (A) The protected consumer's representative: (i) Has obtained a police report of alleged identity fraud as described in § 39-14-150 , and the protected consumer is the alleged victim; and (ii) Provides a copy of the police report to the consumer reporting agency; or (B) A request for the placement or removal of a protected consumer security freeze is for a protected consumer who is under sixteen (16) years of age at the time of the request and the consumer reporting agency has a consumer report pertaining to the protected consumer.
(A) The protected consumer's representative: (i) Has obtained a police report of alleged identity fraud as described in § 39-14-150 , and the protected consumer is the alleged victim; and (ii) Provides a copy of the police report to the consumer reporting agency; or
(i) Has obtained a police report of alleged identity fraud as described in § 39-14-150 , and the protected consumer is the alleged victim; and
(ii) Provides a copy of the police report to the consumer reporting agency; or
(B) A request for the placement or removal of a protected consumer security freeze is for a protected consumer who is under sixteen (16) years of age at the time of the request and the consumer reporting agency has a consumer report pertaining to the protected consumer.
(k) A consumer reporting agency may remove a protected consumer security freeze or delete a record of a protected consumer if the protected consumer security freeze was placed, or the record was created, based on a material misrepresentation of fact by the protected consumer or the representative.
(l) If a consumer reporting agency negligently violates subsection (f) by releasing credit information that has been placed under a protected consumer security freeze, the affected protected consumer and representative shall be entitled to all remedies set out in § 47-18-2108 in addition to any other remedies provided for by law.
(m) [Deleted by 2019 amendment.]
(n) With regard to security freezes as described in this section, this section supersedes § 47-18-2108 .
Amended by 2019 Tenn. Acts, ch. 459,s 44, eff. 9/30/2019.
Added by 2015 Tenn. Acts, ch. 282,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 47-3-415 — TN Code / Title 47 / Chapter 3 / Section 47-3-415
Obligation of endorser
Status: in_force

(a) Subject to subsections (b), (c), (d), and (e) and to § 47-3-419(d) , if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was endorsed, or (ii) if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 47-3-115 and 47-3-407 . The obligation of the endorser is owed to a person entitled to enforce the instrument or to a subsequent endorser who paid the instrument under this section. (b) If an endorsement states that it is made "without recourse" or otherwise disclaims liability of the endorser, the endorser is not liable under subsection (a) to pay the instrument. (c) If notice of dishonor of an instrument is required by § 47-3-503 and notice of dishonor complying with that section is not given to an endorser, the liability of the endorser under subsection (a) is discharged. (d) If a draft is accepted by a bank after an endorsement is made, the liability of the endorser under subsection (a) is discharged. (e) If an endorser of a check is liable under subsection (a) and the check is not presented for payment, or given to a depositary bank for collection, within thirty (30) days after the day the endorsement was made, the liability of the endorser under subsection (a) is discharged. Acts 1995, ch. 397, § 2.
(a) Subject to subsections (b), (c), (d), and (e) and to § 47-3-419(d) , if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was endorsed, or (ii) if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 47-3-115 and 47-3-407 . The obligation of the endorser is owed to a person entitled to enforce the instrument or to a subsequent endorser who paid the instrument under this section.
(b) If an endorsement states that it is made "without recourse" or otherwise disclaims liability of the endorser, the endorser is not liable under subsection (a) to pay the instrument.
(c) If notice of dishonor of an instrument is required by § 47-3-503 and notice of dishonor complying with that section is not given to an endorser, the liability of the endorser under subsection (a) is discharged.
(d) If a draft is accepted by a bank after an endorsement is made, the liability of the endorser under subsection (a) is discharged.
(e) If an endorser of a check is liable under subsection (a) and the check is not presented for payment, or given to a depositary bank for collection, within thirty (30) days after the day the endorsement was made, the liability of the endorser under subsection (a) is discharged.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-26-910 — TN Code / Title 47 / Chapter 26 / Section 47-26-910
Special powers
Status: in_force

When necessary for the enforcement of this part or regulations promulgated pursuant thereto, the commissioner is: (1) Authorized to enter any commercial premises during different times of the day, including nights and weekends, except that in the event such premises are not open to the public, the commissioner shall first present the commissioner's credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained; (2) Empowered to issue rejection, violation, stop-use, hold, removal, condemnation, and seizure orders with respect to any weights and measures commercially used, and stop-sale, hold, condemnation, seizure, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale. It is unlawful for any person to use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package, or amount of commodity, material, article, device, product, or any other thing being used contrary to the terms of a rejection, violation, stop-use order, hold order, removal order, condemnation order, or seizure order issued under the authority of this section; (3) Empowered to confiscate and take physical possession of, for use as evidence in a civil or criminal proceeding, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of this part or regulations promulgated pursuant thereto. After the order of the commissioner, or the judgment of any court, including appellate review, becomes final, upholding the seizure or confiscation of such incorrect or unapproved weight, measure, package, or commodity, the same shall be destroyed by the commissioner. If no appeal of such order is taken by law, the property seized or confiscated shall be forfeited without further proceedings and shall be disposed of as herein provided; (4) Empowered to stop any commercial vehicle and, after presentation of the commissioner's credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in such person's possession concerning the contents, and require such person to proceed with the vehicle to some specified place for inspection; (5) Allowed to transfer the powers and duties given to and imposed upon the commissioner by this part to the commissioner's duly authorized representatives acting under the instructions and at the direction of the commissioner. Acts 1997, ch. 311, § 1.
When necessary for the enforcement of this part or regulations promulgated pursuant thereto, the commissioner is:
(1) Authorized to enter any commercial premises during different times of the day, including nights and weekends, except that in the event such premises are not open to the public, the commissioner shall first present the commissioner's credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained;
(2) Empowered to issue rejection, violation, stop-use, hold, removal, condemnation, and seizure orders with respect to any weights and measures commercially used, and stop-sale, hold, condemnation, seizure, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale. It is unlawful for any person to use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package, or amount of commodity, material, article, device, product, or any other thing being used contrary to the terms of a rejection, violation, stop-use order, hold order, removal order, condemnation order, or seizure order issued under the authority of this section;
(3) Empowered to confiscate and take physical possession of, for use as evidence in a civil or criminal proceeding, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of this part or regulations promulgated pursuant thereto. After the order of the commissioner, or the judgment of any court, including appellate review, becomes final, upholding the seizure or confiscation of such incorrect or unapproved weight, measure, package, or commodity, the same shall be destroyed by the commissioner. If no appeal of such order is taken by law, the property seized or confiscated shall be forfeited without further proceedings and shall be disposed of as herein provided;
(4) Empowered to stop any commercial vehicle and, after presentation of the commissioner's credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in such person's possession concerning the contents, and require such person to proceed with the vehicle to some specified place for inspection;
(5) Allowed to transfer the powers and duties given to and imposed upon the commissioner by this part to the commissioner's duly authorized representatives acting under the instructions and at the direction of the commissioner.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-4-213 — TN Code / Title 47 / Chapter 4 / Section 47-4-213
Medium and time of settlement by bank
Status: in_force

(a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription: (1) the medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by the person to receive settlement; and (2) the time of settlement, is: (i) with respect to tender of settlement by cash, a cashier's check, or teller's check, when the cash or check is sent or delivered; (ii) with respect to tender of settlement by credit in an account in a Federal Reserve Bank, when the credit is made; (iii) with respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or (iv) with respect to tender of settlement by a funds transfer, when payment is made pursuant to § 47-4A-406(a) to the person receiving settlement. (b) If the tender of settlement is not by a medium authorized by subsection (a) or the time of settlement is not fixed by subsection (a), no settlement occurs until the tender of settlement is accepted by the person receiving settlement. (c) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline: (1) presents or forwards the check for collection, settlement is final when the check is finally paid; or (2) fails to present or forward the check for collection, settlement is final at the twelve o'clock midnight (12:00 midnight) deadline of the person receiving settlement. (d) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item. Acts 1995, ch. 397, § 3.
(a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription: (1) the medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by the person to receive settlement; and (2) the time of settlement, is: (i) with respect to tender of settlement by cash, a cashier's check, or teller's check, when the cash or check is sent or delivered; (ii) with respect to tender of settlement by credit in an account in a Federal Reserve Bank, when the credit is made; (iii) with respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or (iv) with respect to tender of settlement by a funds transfer, when payment is made pursuant to § 47-4A-406(a) to the person receiving settlement.
(1) the medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by the person to receive settlement; and
(2) the time of settlement, is: (i) with respect to tender of settlement by cash, a cashier's check, or teller's check, when the cash or check is sent or delivered; (ii) with respect to tender of settlement by credit in an account in a Federal Reserve Bank, when the credit is made; (iii) with respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or (iv) with respect to tender of settlement by a funds transfer, when payment is made pursuant to § 47-4A-406(a) to the person receiving settlement.
(i) with respect to tender of settlement by cash, a cashier's check, or teller's check, when the cash or check is sent or delivered;
(ii) with respect to tender of settlement by credit in an account in a Federal Reserve Bank, when the credit is made;
(iii) with respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or
(iv) with respect to tender of settlement by a funds transfer, when payment is made pursuant to § 47-4A-406(a) to the person receiving settlement.
(b) If the tender of settlement is not by a medium authorized by subsection (a) or the time of settlement is not fixed by subsection (a), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.
(c) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline: (1) presents or forwards the check for collection, settlement is final when the check is finally paid; or (2) fails to present or forward the check for collection, settlement is final at the twelve o'clock midnight (12:00 midnight) deadline of the person receiving settlement.
(1) presents or forwards the check for collection, settlement is final when the check is finally paid; or
(2) fails to present or forward the check for collection, settlement is final at the twelve o'clock midnight (12:00 midnight) deadline of the person receiving settlement.
(d) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.
Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-18-201 — TN Code / Title 47 / Chapter 18 / Section 47-18-201
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Amended by 2015 Tenn. Acts, ch. 339, s 1, eff. 7/1/2015. Acts 1980, ch. 846, § 1; 1982, ch. 570, § 1; 1984, ch. 728, § 14.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Amended by 2015 Tenn. Acts, ch. 339, s 1, eff. 7/1/2015.
Acts 1980, ch. 846, § 1; 1982, ch. 570, § 1; 1984, ch. 728, § 14.
Tenn. Code Ann. § 47-8-102 — TN Code / Title 47 / Chapter 8 / Section 47-8-102
Definitions
Status: in_force

(a) In this chapter: (1) "Adverse claim" means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. (2) "Bearer form", as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an endorsement. (3) "Broker" means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity. (4) "Certificated security" means a security that is represented by a certificate. (5) "Clearing corporation" means: (i) A person that is registered as a "clearing agency" under the federal securities laws; (ii) A federal reserve bank; or (iii) Any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority. (6) "Communicate" means to: (i) Send a signed writing; or (ii) Transmit information by any mechanism agreed upon by the persons transmitting and receiving the information. (7) "Entitlement holder" means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of § 47-8-501(b)(2) or (3) , that person is the entitlement holder. (8) "Entitlement order" means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. (9) "Financial asset", except as otherwise provided in Section 47-8-103 , means: (i) A security; (ii) An obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or (iii) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this chapter. As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. (10) "Good faith", for purposes of the obligation of good faith in the performance or enforcement of contracts or duties within this chapter, means honesty in fact and the observance of reasonable commercial standards of fair dealing. (11) "Endorsement" means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it. (12) "Instruction" means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. (13) "Registered form", as applied to a certificated security, means a form in which: (i) The security certificate specifies a person entitled to the security; and (ii) A transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states. (14) "Securities intermediary" means: (i) A clearing corporation; or (ii) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. (15) "Security", except as otherwise provided in § 47-8-103 , means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer: (i) Which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer; (ii) Which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and (iii) Which: (A) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or (B) is a medium for investment and by its terms expressly provides that it is a security governed by this chapter. (16) "Security certificate" means a certificate representing a security. (17) "Security entitlement" means the rights and property interest of an entitlement holder with respect to a financial asset specified in part 5. (18) "Uncertificated security" means a security that is not represented by a certificate. (b) Other definitions applying to this chapter and the sections in which they appear are: "Appropriate person." § 47-8-107 "Control." § 47-8-106 "Delivery." § 47-8-301 "Investment company security." § 47-8-103 "Issuer." § 47-8-201 "Overissue." § 47-8-210 "Protected purchaser." § 47-8-303 "Securities account." § 47-8-501 (c) In addition, chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter. (d) The characterization of a person, business, or transaction for purposes of this chapter does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule. Acts 1997 , ch. 79, § 1.
(a) In this chapter: (1) "Adverse claim" means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. (2) "Bearer form", as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an endorsement. (3) "Broker" means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity. (4) "Certificated security" means a security that is represented by a certificate. (5) "Clearing corporation" means: (i) A person that is registered as a "clearing agency" under the federal securities laws; (ii) A federal reserve bank; or (iii) Any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority. (6) "Communicate" means to: (i) Send a signed writing; or (ii) Transmit information by any mechanism agreed upon by the persons transmitting and receiving the information. (7) "Entitlement holder" means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of § 47-8-501(b)(2) or (3) , that person is the entitlement holder. (8) "Entitlement order" means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. (9) "Financial asset", except as otherwise provided in Section 47-8-103 , means: (i) A security; (ii) An obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or (iii) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this chapter. As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. (10) "Good faith", for purposes of the obligation of good faith in the performance or enforcement of contracts or duties within this chapter, means honesty in fact and the observance of reasonable commercial standards of fair dealing. (11) "Endorsement" means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it. (12) "Instruction" means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. (13) "Registered form", as applied to a certificated security, means a form in which: (i) The security certificate specifies a person entitled to the security; and (ii) A transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states. (14) "Securities intermediary" means: (i) A clearing corporation; or (ii) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. (15) "Security", except as otherwise provided in § 47-8-103 , means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer: (i) Which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer; (ii) Which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and (iii) Which: (A) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or (B) is a medium for investment and by its terms expressly provides that it is a security governed by this chapter. (16) "Security certificate" means a certificate representing a security. (17) "Security entitlement" means the rights and property interest of an entitlement holder with respect to a financial asset specified in part 5. (18) "Uncertificated security" means a security that is not represented by a certificate.
(1) "Adverse claim" means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset.
(2) "Bearer form", as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an endorsement.
(3) "Broker" means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity.
(4) "Certificated security" means a security that is represented by a certificate.
(5) "Clearing corporation" means: (i) A person that is registered as a "clearing agency" under the federal securities laws; (ii) A federal reserve bank; or (iii) Any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority.
(i) A person that is registered as a "clearing agency" under the federal securities laws;
(ii) A federal reserve bank; or
(iii) Any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority.
(6) "Communicate" means to: (i) Send a signed writing; or (ii) Transmit information by any mechanism agreed upon by the persons transmitting and receiving the information.
(i) Send a signed writing; or
(ii) Transmit information by any mechanism agreed upon by the persons transmitting and receiving the information.
(7) "Entitlement holder" means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of § 47-8-501(b)(2) or (3) , that person is the entitlement holder.
(8) "Entitlement order" means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement.
(9) "Financial asset", except as otherwise provided in Section 47-8-103 , means: (i) A security; (ii) An obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or (iii) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this chapter. As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement.
(i) A security;
(ii) An obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or
(iii) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this chapter. As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement.
As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement.
(10) "Good faith", for purposes of the obligation of good faith in the performance or enforcement of contracts or duties within this chapter, means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(11) "Endorsement" means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.
(12) "Instruction" means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.
(13) "Registered form", as applied to a certificated security, means a form in which: (i) The security certificate specifies a person entitled to the security; and (ii) A transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states.
(i) The security certificate specifies a person entitled to the security; and
(ii) A transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states.
(14) "Securities intermediary" means: (i) A clearing corporation; or (ii) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity.
(i) A clearing corporation; or
(ii) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity.
(15) "Security", except as otherwise provided in § 47-8-103 , means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer: (i) Which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer; (ii) Which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and (iii) Which: (A) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or (B) is a medium for investment and by its terms expressly provides that it is a security governed by this chapter.
(i) Which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer;
(ii) Which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and
(iii) Which: (A) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or (B) is a medium for investment and by its terms expressly provides that it is a security governed by this chapter.
(A) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or
(B) is a medium for investment and by its terms expressly provides that it is a security governed by this chapter.
(16) "Security certificate" means a certificate representing a security.
(17) "Security entitlement" means the rights and property interest of an entitlement holder with respect to a financial asset specified in part 5.
(18) "Uncertificated security" means a security that is not represented by a certificate.
(b) Other definitions applying to this chapter and the sections in which they appear are:
"Appropriate person." § 47-8-107
"Control." § 47-8-106
"Delivery." § 47-8-301
"Investment company security." § 47-8-103
"Issuer." § 47-8-201
"Overissue." § 47-8-210
"Protected purchaser." § 47-8-303
"Securities account." § 47-8-501
(c) In addition, chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter.
(d) The characterization of a person, business, or transaction for purposes of this chapter does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.
Acts 1997 , ch. 79, § 1.
Tenn. Code Ann. § 47-3-112 — TN Code / Title 47 / Chapter 3 / Section 47-3-112
Interest
Status: in_force

(a) Unless otherwise provided in the instrument, (i) an instrument is not payable with interest, and (ii) interest on an interest-bearing instrument is payable from the date of the instrument. (b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues. Acts 1995, ch. 397, § 2.
(a) Unless otherwise provided in the instrument, (i) an instrument is not payable with interest, and (ii) interest on an interest-bearing instrument is payable from the date of the instrument.
(b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-9-104 — TN Code / Title 47 / Chapter 9 / Section 47-9-104
Control of deposit account
Status: in_force

(a) Requirements for control. A secured party has control of a deposit account if: (1) the secured party is the bank with which the deposit account is maintained; (2) the debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or (3) the secured party becomes the bank's customer with respect to the deposit account. (b) Debtor's right to direct disposition. A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account. Acts 2000, ch. 846, § 1.
(a) Requirements for control. A secured party has control of a deposit account if: (1) the secured party is the bank with which the deposit account is maintained; (2) the debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or (3) the secured party becomes the bank's customer with respect to the deposit account.
(1) the secured party is the bank with which the deposit account is maintained;
(2) the debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or
(3) the secured party becomes the bank's customer with respect to the deposit account.
(b) Debtor's right to direct disposition. A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-9-208 — TN Code / Title 47 / Chapter 9 / Section 47-9-208
Additional duties of secured party having control of collateral
Status: in_force

(a) Applicability of section. This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor: (1) A secured party having control of a deposit account under § 47-9-104(a)(2) shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party; (2) A secured party having control of a deposit account under § 47-9-104(a)(3) shall: (A) Pay the debtor the balance on deposit in the deposit account; or (B) Transfer the balance on deposit into a deposit account in the debtor's name; (3) A secured party, other than a buyer, having control of electronic chattel paper under § 47-9-105 shall: (A) Communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party; (4) A secured party having control of investment property under § 47-8- 106(d)(2) or § 47-9-106(b) shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party; (5) A secured party having control of a letter-of-credit right under § 47-9-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party an authenticated release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party; and (6) A secured party having control of an electronic document shall: (A) Give control of the electronic document to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic document is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party. Acts 2000, ch. 846, § 1; 2008 , ch. 814, § 28.
(a) Applicability of section. This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value.
(b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor: (1) A secured party having control of a deposit account under § 47-9-104(a)(2) shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party; (2) A secured party having control of a deposit account under § 47-9-104(a)(3) shall: (A) Pay the debtor the balance on deposit in the deposit account; or (B) Transfer the balance on deposit into a deposit account in the debtor's name; (3) A secured party, other than a buyer, having control of electronic chattel paper under § 47-9-105 shall: (A) Communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party; (4) A secured party having control of investment property under § 47-8- 106(d)(2) or § 47-9-106(b) shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party; (5) A secured party having control of a letter-of-credit right under § 47-9-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party an authenticated release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party; and (6) A secured party having control of an electronic document shall: (A) Give control of the electronic document to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic document is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party.
(1) A secured party having control of a deposit account under § 47-9-104(a)(2) shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party;
(2) A secured party having control of a deposit account under § 47-9-104(a)(3) shall: (A) Pay the debtor the balance on deposit in the deposit account; or (B) Transfer the balance on deposit into a deposit account in the debtor's name;
(A) Pay the debtor the balance on deposit in the deposit account; or
(B) Transfer the balance on deposit into a deposit account in the debtor's name;
(3) A secured party, other than a buyer, having control of electronic chattel paper under § 47-9-105 shall: (A) Communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party;
(A) Communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian;
(B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and
(C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party;
(4) A secured party having control of investment property under § 47-8- 106(d)(2) or § 47-9-106(b) shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party;
(5) A secured party having control of a letter-of-credit right under § 47-9-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party an authenticated release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party; and
(6) A secured party having control of an electronic document shall: (A) Give control of the electronic document to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic document is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party.
(A) Give control of the electronic document to the debtor or its designated custodian;
(B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic document is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and
(C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party.
Acts 2000, ch. 846, § 1; 2008 , ch. 814, § 28.