Tenn. Code Ann. § 47-4-403 — TN Code / Title 47 / Chapter 4 / Section 47-4-403
Customer's right to stop payment - Burden of proof of loss
Status: in_force

(a) A customer or any person authorized to draw on the account if there is more than one (1) person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in § 47-4-303 . If the signature of more than one (1) person is required to draw on an account, any of these persons may stop payment or close the account. (b) A stop-payment order is effective for six (6) months, but it lapses after fourteen (14) calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective. (c) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under § 47-4-402 . Acts 1963, ch. 81, § 1 (4-403); 1995, ch. 397, § 3.
(a) A customer or any person authorized to draw on the account if there is more than one (1) person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in § 47-4-303 . If the signature of more than one (1) person is required to draw on an account, any of these persons may stop payment or close the account.
(b) A stop-payment order is effective for six (6) months, but it lapses after fourteen (14) calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective.
(c) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under § 47-4-402 .
Acts 1963, ch. 81, § 1 (4-403); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-25-1508 — TN Code / Title 47 / Chapter 25 / Section 47-25-1508
Transfer or assignment of franchisee's business
Status: in_force

(a) Upon giving the franchisor written notice of intent to transfer the franchisee's business, any individual owning or deceased individual who owned an interest in a franchise may transfer or assign the franchisee's business to the spouse, child, grandchild, parent, brother or sister of such individual. The consent or approval of the franchisor shall not be required. (b) Any individual owning or deceased individual who owned an interest in a franchise may transfer the franchisee's business to a person other than such individual's spouse, child, grandchild, parent, brother or sister; provided, that: (1) Such individual has notified the franchisor in writing of the nature, terms and provisions of such transfer; (2) Such individual has provided the franchisor the opportunity to match the terms and conditions of such offer; and (3) The proposed transferee meets the nondiscriminatory, material, and consistently applied and reasonable qualifications and standards of the franchisor. (c) If the franchisor disapproves of a transfer as proposed in subsection (b), the consent or approval of the franchisor shall not be required if the franchisor does not elect to match the terms and conditions of such transfer or proposal, within sixty (60) days of notice, and another transferee who meets its requirements matches the terms and conditions of such offer. Acts 1989, ch. 392, § 8.
(a) Upon giving the franchisor written notice of intent to transfer the franchisee's business, any individual owning or deceased individual who owned an interest in a franchise may transfer or assign the franchisee's business to the spouse, child, grandchild, parent, brother or sister of such individual. The consent or approval of the franchisor shall not be required.
(b) Any individual owning or deceased individual who owned an interest in a franchise may transfer the franchisee's business to a person other than such individual's spouse, child, grandchild, parent, brother or sister; provided, that: (1) Such individual has notified the franchisor in writing of the nature, terms and provisions of such transfer; (2) Such individual has provided the franchisor the opportunity to match the terms and conditions of such offer; and (3) The proposed transferee meets the nondiscriminatory, material, and consistently applied and reasonable qualifications and standards of the franchisor.
(1) Such individual has notified the franchisor in writing of the nature, terms and provisions of such transfer;
(2) Such individual has provided the franchisor the opportunity to match the terms and conditions of such offer; and
(3) The proposed transferee meets the nondiscriminatory, material, and consistently applied and reasonable qualifications and standards of the franchisor.
(c) If the franchisor disapproves of a transfer as proposed in subsection (b), the consent or approval of the franchisor shall not be required if the franchisor does not elect to match the terms and conditions of such transfer or proposal, within sixty (60) days of notice, and another transferee who meets its requirements matches the terms and conditions of such offer.
Acts 1989, ch. 392, § 8.
Tenn. Code Ann. § 47-9-341 — TN Code / Title 47 / Chapter 9 / Section 47-9-341
Bank's rights and duties with respect to deposit account
Status: in_force

Except as otherwise provided in § 47-9-340(c) , and unless the bank otherwise agrees in an authenticated record, a bank's rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by: (1) the creation, attachment, or perfection of a security interest in the deposit account; (2) the bank's knowledge of the security interest; or (3) the bank's receipt of instructions from the secured party. Acts 2000, ch. 846, § 1.
Except as otherwise provided in § 47-9-340(c) , and unless the bank otherwise agrees in an authenticated record, a bank's rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by:
(1) the creation, attachment, or perfection of a security interest in the deposit account;
(2) the bank's knowledge of the security interest; or
(3) the bank's receipt of instructions from the secured party.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-10-111 — TN Code / Title 47 / Chapter 10 / Section 47-10-111
Notarization and acknowledgment
Status: in_force

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Acts 2001, ch. 72, § 11.
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Acts 2001, ch. 72, § 11.
Tenn. Code Ann. § 47-10-109 — TN Code / Title 47 / Chapter 10 / Section 47-10-109
Attribution and effect of electronic record and electronic signature
Status: in_force

(a) An electronic record or electronic signature is attributable to a person as if it were the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to whom the electronic record or electronic signature was attributable. (b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. Acts 2001, ch. 72, § 9.
(a) An electronic record or electronic signature is attributable to a person as if it were the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to whom the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Acts 2001, ch. 72, § 9.
Tenn. Code Ann. § 47-3-414 — TN Code / Title 47 / Chapter 3 / Section 47-3-414
Obligation of drawer
Status: in_force

(a) This section does not apply to cashier's checks or other drafts drawn on the drawer. (b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 47-3-115 and 47-3-407 . The obligation is owed to a person entitled to enforce the draft or to an endorser who paid the draft under § 47-3-415 . (c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained. (d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an endorser under § 47-3-415(a) and (c) . (e) If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check. (f) If (i) a check is not presented for payment or given to a depositary bank for collection within thirty (30) days after its date, (ii) the drawee suspends payments after expiration of the 30-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds. Acts 1995, ch. 397, § 2.
(a) This section does not apply to cashier's checks or other drafts drawn on the drawer.
(b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 47-3-115 and 47-3-407 . The obligation is owed to a person entitled to enforce the draft or to an endorser who paid the draft under § 47-3-415 .
(c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.
(d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an endorser under § 47-3-415(a) and (c) .
(e) If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check.
(f) If (i) a check is not presented for payment or given to a depositary bank for collection within thirty (30) days after its date, (ii) the drawee suspends payments after expiration of the 30-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-9-616 — TN Code / Title 47 / Chapter 9 / Section 47-9-616
Explanation of calculation of surplus or deficiency
Status: in_force

(a) Definitions. In this section: (1) "Explanation" means a writing that: (A) States the amount of the surplus or deficiency; (B) Provides an explanation in accordance with subsection (c) of how the secured party calculated the surplus or deficiency; (C) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and (D) Provides a telephone number or mailing address from which additional information concerning the transaction is available; and (2) "Request" means a record: (A) Authenticated by a debtor or consumer obligor; (B) Requesting that the recipient provide an explanation; and (C) Sent after disposition of the collateral under § 47-9-610 . (b) Explanation of calculation. In a consumer-goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under § 47-9-615 , the secured party shall: (1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and: (A) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and (B) Within thirty (30) days after receipt of a request; or (2) In the case of a consumer obligor who is liable for a deficiency, within thirty (30) days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency. (c) Required information. To comply with subdivision (a)(1)(B), a writing must provide the following information in the following order: (1) The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date: (A) If the secured party takes or receives possession of the collateral after default, not more than thirty-five (35) days before the secured party takes or receives possession; or (B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than thirty-five (35) days before the disposition; (2) The amount of proceeds of the disposition; (3) The aggregate amount of the obligations after deducting the amount of proceeds; (4) The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney's fees secured by the collateral which are known to the secured party and relate to the current disposition; (5) The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1); and (6) The amount of the surplus or deficiency. (d) Substantial compliance. A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subsection (a) is sufficient, even if it includes minor errors that are not seriously misleading. (e) Charges for responses. A debtor or consumer obligor is entitled without charge to one (1) response to a request under this section during any six-month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to subdivision (b)(1). 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; 2002, ch. 745, §§ 1, 2.
(a) Definitions. In this section: (1) "Explanation" means a writing that: (A) States the amount of the surplus or deficiency; (B) Provides an explanation in accordance with subsection (c) of how the secured party calculated the surplus or deficiency; (C) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and (D) Provides a telephone number or mailing address from which additional information concerning the transaction is available; and (2) "Request" means a record: (A) Authenticated by a debtor or consumer obligor; (B) Requesting that the recipient provide an explanation; and (C) Sent after disposition of the collateral under § 47-9-610 .
(1) "Explanation" means a writing that: (A) States the amount of the surplus or deficiency; (B) Provides an explanation in accordance with subsection (c) of how the secured party calculated the surplus or deficiency; (C) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and (D) Provides a telephone number or mailing address from which additional information concerning the transaction is available; and
(A) States the amount of the surplus or deficiency;
(B) Provides an explanation in accordance with subsection (c) of how the secured party calculated the surplus or deficiency;
(C) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and
(D) Provides a telephone number or mailing address from which additional information concerning the transaction is available; and
(2) "Request" means a record: (A) Authenticated by a debtor or consumer obligor; (B) Requesting that the recipient provide an explanation; and (C) Sent after disposition of the collateral under § 47-9-610 .
(A) Authenticated by a debtor or consumer obligor;
(B) Requesting that the recipient provide an explanation; and
(C) Sent after disposition of the collateral under § 47-9-610 .
(b) Explanation of calculation. In a consumer-goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under § 47-9-615 , the secured party shall: (1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and: (A) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and (B) Within thirty (30) days after receipt of a request; or (2) In the case of a consumer obligor who is liable for a deficiency, within thirty (30) days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency.
(1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and: (A) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and (B) Within thirty (30) days after receipt of a request; or
(A) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and
(B) Within thirty (30) days after receipt of a request; or
(2) In the case of a consumer obligor who is liable for a deficiency, within thirty (30) days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency.
(c) Required information. To comply with subdivision (a)(1)(B), a writing must provide the following information in the following order: (1) The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date: (A) If the secured party takes or receives possession of the collateral after default, not more than thirty-five (35) days before the secured party takes or receives possession; or (B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than thirty-five (35) days before the disposition; (2) The amount of proceeds of the disposition; (3) The aggregate amount of the obligations after deducting the amount of proceeds; (4) The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney's fees secured by the collateral which are known to the secured party and relate to the current disposition; (5) The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1); and (6) The amount of the surplus or deficiency.
(1) The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date: (A) If the secured party takes or receives possession of the collateral after default, not more than thirty-five (35) days before the secured party takes or receives possession; or (B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than thirty-five (35) days before the disposition;
(A) If the secured party takes or receives possession of the collateral after default, not more than thirty-five (35) days before the secured party takes or receives possession; or
(B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than thirty-five (35) days before the disposition;
(2) The amount of proceeds of the disposition;
(3) The aggregate amount of the obligations after deducting the amount of proceeds;
(4) The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney's fees secured by the collateral which are known to the secured party and relate to the current disposition;
(5) The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1); and
(6) The amount of the surplus or deficiency.
(d) Substantial compliance. A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subsection (a) is sufficient, even if it includes minor errors that are not seriously misleading.
(e) Charges for responses. A debtor or consumer obligor is entitled without charge to one (1) response to a request under this section during any six-month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to subdivision (b)(1). 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; 2002, ch. 745, §§ 1, 2.
Tenn. Code Ann. § 47-25-805 — TN Code / Title 47 / Chapter 25 / Section 47-25-805
Coupons - Restrictions on number, distribution, and terms
Status: in_force

(a) The total number of coupons sold, offered for sale, or otherwise distributed shall not exceed the total number specified in the contract between the promoter and sponsor. (b) No coupon may be published, sold, distributed, or represented contrary to the terms of the agreement between the promoter and the sponsor, or obligate the sponsor to provide goods, services, or discount privileges other than those specified in the agreement. (c) No individual coupon shall be redeemable at more than one (1) place of business, unless all places of business at which it is redeemable are owned or operated by the same sponsor. (d) No coupon may be sold, offered for sale, or otherwise distributed prior to the promotion beginning date or after the promotion ending date specified in the contract between the promoter and sponsor. Acts 1980, ch. 718, § 5; T.C.A., § 69-905.
(a) The total number of coupons sold, offered for sale, or otherwise distributed shall not exceed the total number specified in the contract between the promoter and sponsor.
(b) No coupon may be published, sold, distributed, or represented contrary to the terms of the agreement between the promoter and the sponsor, or obligate the sponsor to provide goods, services, or discount privileges other than those specified in the agreement.
(c) No individual coupon shall be redeemable at more than one (1) place of business, unless all places of business at which it is redeemable are owned or operated by the same sponsor.
(d) No coupon may be sold, offered for sale, or otherwise distributed prior to the promotion beginning date or after the promotion ending date specified in the contract between the promoter and sponsor.
Acts 1980, ch. 718, § 5; T.C.A., § 69-905.
Tenn. Code Ann. § 47-17-102 — TN Code / Title 47 / Chapter 17 / Section 47-17-102
Legislative findings and declarations
Status: in_force

The general assembly finds and declares the following: (1) The opioid crisis presents serious health and safety concerns throughout the state and is a threat to the general welfare of the people of this state; (2) The provision of care, rehabilitation, and treatment for opioid abuse and dependency creates a substantial drain on governmental resources; (3) It is the intention of the general assembly to facilitate statewide opioid settlement agreements that provide a coordinated resolution of state and local governmental claims against entities involved in the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, in order to generate funds for opioid abatement programs and remediation; and (4) A statewide coordinated resolution of state and local claims against entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, is critical to resolving current litigation and other claims regarding the opioid crisis and maximizing the financial commitment of those entities. Added by 2021 Tenn. Acts, ch. 491,s 12, eff. 5/24/2021.
The general assembly finds and declares the following:
(1) The opioid crisis presents serious health and safety concerns throughout the state and is a threat to the general welfare of the people of this state;
(2) The provision of care, rehabilitation, and treatment for opioid abuse and dependency creates a substantial drain on governmental resources;
(3) It is the intention of the general assembly to facilitate statewide opioid settlement agreements that provide a coordinated resolution of state and local governmental claims against entities involved in the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, in order to generate funds for opioid abatement programs and remediation; and
(4) A statewide coordinated resolution of state and local claims against entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, is critical to resolving current litigation and other claims regarding the opioid crisis and maximizing the financial commitment of those entities.
Added by 2021 Tenn. Acts, ch. 491,s 12, eff. 5/24/2021.
Tenn. Code Ann. § 47-25-205 — TN Code / Title 47 / Chapter 25 / Section 47-25-205
Sales below cost - Penalties - Evidence
Status: in_force

(a) Any retailer who, in contravention of the policy of this part, advertises, offers to sell, or sells at retail any merchandise at less than cost to the retailer, as defined in this part, commits a Class C misdemeanor. (b) Any wholesaler who, in contravention of the policy of this part, advertises, offers to sell, or sells at wholesale any merchandise at less than cost to the wholesaler, as defined in this part, commits a Class C misdemeanor. (c) Proof of any such advertising, offer to sell, or sale by any retailer or wholesaler in contravention of the policy of this part shall be prima facie evidence of a violation of this part. Acts 1937, ch. 69, § 3; C. Supp. 1950, § 6770.9; T.C.A. (orig. ed.), § 69-305; Acts 1989, ch. 591, § 113.
(a) Any retailer who, in contravention of the policy of this part, advertises, offers to sell, or sells at retail any merchandise at less than cost to the retailer, as defined in this part, commits a Class C misdemeanor.
(b) Any wholesaler who, in contravention of the policy of this part, advertises, offers to sell, or sells at wholesale any merchandise at less than cost to the wholesaler, as defined in this part, commits a Class C misdemeanor.
(c) Proof of any such advertising, offer to sell, or sale by any retailer or wholesaler in contravention of the policy of this part shall be prima facie evidence of a violation of this part.
Acts 1937, ch. 69, § 3; C. Supp. 1950, § 6770.9; T.C.A. (orig. ed.), § 69-305; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 47-9-517 — TN Code / Title 47 / Chapter 9 / Section 47-9-517
Effect of indexing errors
Status: in_force

The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record. Acts 2000, ch. 846, § 1.
The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-26-1022 — TN Code / Title 47 / Chapter 26 / Section 47-26-1022
Suspension and revocation of license
Status: in_force

The commissioner is authorized to suspend or revoke the license of any public weighmaster: (1) When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part or of any regulation under this part; provided, that: (A) Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses; (B) A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and (C) The commissioner is hereby authorized, at the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may, upon review of the record, make such findings, conclusions and issue such order as in the commissioner's discretion the record justifies; (2) When the licensee has been convicted in any court of competent jurisdiction of violating any provision of this part or of any regulation under this part; or (3) When the licensee is convicted of any felony. Acts 1997, ch. 311, § 2.
The commissioner is authorized to suspend or revoke the license of any public weighmaster:
(1) When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part or of any regulation under this part; provided, that: (A) Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses; (B) A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and (C) The commissioner is hereby authorized, at the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may, upon review of the record, make such findings, conclusions and issue such order as in the commissioner's discretion the record justifies;
(A) Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses;
(B) A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and
(C) The commissioner is hereby authorized, at the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may, upon review of the record, make such findings, conclusions and issue such order as in the commissioner's discretion the record justifies;
(2) When the licensee has been convicted in any court of competent jurisdiction of violating any provision of this part or of any regulation under this part; or
(3) When the licensee is convicted of any felony.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-24-102 — TN Code / Title 47 / Chapter 24 / Section 47-24-102
Nature of transaction
Status: in_force

(a) A lender has the right to participate in the borrower's enterprise or venture to such extent as may be set forth in a written agreement between the lender and the borrower; provided, that the original principal amount of the funds advanced to the borrower pursuant to the loan transaction shall be not less than five hundred thousand dollars ($500,000), or, alternatively, that there shall be contemplated to be a series of advances of money aggregating not less than five hundred thousand dollars ($500,000). (b) The consideration or value received by the lender in any such participation, as distinct from interest received pursuant to the loan transaction, shall not be deemed to be interest, loan charges, commitment fees, or brokerage commissions for purposes of chapter 14 of this title, notwithstanding the fact that the parties may describe such consideration or value to be interest or other such charges in a written agreement between the parties. (c) Nothing herein shall be construed to limit, modify, or otherwise affect rights which the lender may have, including, but not limited to, foreclosure rights, pursuant to the loan transaction. (d) The lender shall not be deemed to be a partner or joint venturer with the borrower, or otherwise jointly liable as to the financing with the borrower, as a result of such participation, unless the agreement between the lender and borrower shall expressly make the lender so liable. Acts 1981, ch. 173, § 2; 1986, ch. 821, § 2.
(a) A lender has the right to participate in the borrower's enterprise or venture to such extent as may be set forth in a written agreement between the lender and the borrower; provided, that the original principal amount of the funds advanced to the borrower pursuant to the loan transaction shall be not less than five hundred thousand dollars ($500,000), or, alternatively, that there shall be contemplated to be a series of advances of money aggregating not less than five hundred thousand dollars ($500,000).
(b) The consideration or value received by the lender in any such participation, as distinct from interest received pursuant to the loan transaction, shall not be deemed to be interest, loan charges, commitment fees, or brokerage commissions for purposes of chapter 14 of this title, notwithstanding the fact that the parties may describe such consideration or value to be interest or other such charges in a written agreement between the parties.
(c) Nothing herein shall be construed to limit, modify, or otherwise affect rights which the lender may have, including, but not limited to, foreclosure rights, pursuant to the loan transaction.
(d) The lender shall not be deemed to be a partner or joint venturer with the borrower, or otherwise jointly liable as to the financing with the borrower, as a result of such participation, unless the agreement between the lender and borrower shall expressly make the lender so liable.
Acts 1981, ch. 173, § 2; 1986, ch. 821, § 2.
Tenn. Code Ann. § 47-28-107 — TN Code / Title 47 / Chapter 28 / Section 47-28-107
Service of notice
Status: in_force

Under this chapter a notice is served on the creditor when it is in fact received by the creditor at the address specified in the mortgage; or if no address is so specified, in the case of an open-end credit agreement, to the address to which requests or demands for advances are to be sent; and in all other cases to the address at which payments on the mortgage are to be made. Acts 1987, ch. 137, § 7.
Under this chapter a notice is served on the creditor when it is in fact received by the creditor at the address specified in the mortgage; or if no address is so specified, in the case of an open-end credit agreement, to the address to which requests or demands for advances are to be sent; and in all other cases to the address at which payments on the mortgage are to be made.
Acts 1987, ch. 137, § 7.
Tenn. Code Ann. § 47-2-605 — TN Code / Title 47 / Chapter 2 / Section 47-2-605
Waiver of buyer's objections by failure to particularize
Status: in_force

(1) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach: (a) where the seller could have cured it if stated seasonably; or (b) between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely. (2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents. Acts 1963, ch. 81, § 1 (2-605); Acts 2008, ch. 814, § 13.
(1) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach: (a) where the seller could have cured it if stated seasonably; or (b) between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.
(a) where the seller could have cured it if stated seasonably; or
(b) between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.
(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.
Acts 1963, ch. 81, § 1 (2-605); Acts 2008, ch. 814, § 13.
Tenn. Code Ann. § 47-2-209 — TN Code / Title 47 / Chapter 2 / Section 47-2-209
Modification, rescission and waiver
Status: in_force

(1) An agreement modifying a contract within this chapter needs no consideration to be binding. (2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party. (3) The requirements of the statute of frauds section of this chapter (§ 47-2-201 ) must be satisfied if the contract as modified is within its provisions. (4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver. (5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver. Acts 1963, ch. 81, § 1 (2-209).
(1) An agreement modifying a contract within this chapter needs no consideration to be binding.
(2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.
(3) The requirements of the statute of frauds section of this chapter (§ 47-2-201 ) must be satisfied if the contract as modified is within its provisions.
(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver.
(5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
Acts 1963, ch. 81, § 1 (2-209).
Tenn. Code Ann. § 47-25-1209 — TN Code / Title 47 / Chapter 25 / Section 47-25-1209
Acquiring interest in invention by developer
Status: in_force

No invention developer shall acquire any interest, partial or whole, in the title to the customer's invention, unless the invention developer contracts to manufacture the invention and acquires such interest for such purpose at or about the time the contract for manufacture is executed. Nothing in this section shall be construed to prohibit an invention developer from contracting with a customer to receive a portion of any proceeds accruing to the customer as a result of performance of invention development services by the invention developer. Acts 1977, ch. 436, § 6; T.C.A., § 47-20-109.
No invention developer shall acquire any interest, partial or whole, in the title to the customer's invention, unless the invention developer contracts to manufacture the invention and acquires such interest for such purpose at or about the time the contract for manufacture is executed. Nothing in this section shall be construed to prohibit an invention developer from contracting with a customer to receive a portion of any proceeds accruing to the customer as a result of performance of invention development services by the invention developer.
Acts 1977, ch. 436, § 6; T.C.A., § 47-20-109.
Tenn. Code Ann. § 47-14-111 — TN Code / Title 47 / Chapter 14 / Section 47-14-111
Actions to recover usury
Status: in_force

If usury has been paid, it may be recovered by action brought by the party from whom it was taken, or that party's representative, or it may be subjected by any judgment creditor of such party to the satisfaction of that party's debt. Acts 1979, ch. 203, § 10.
If usury has been paid, it may be recovered by action brought by the party from whom it was taken, or that party's representative, or it may be subjected by any judgment creditor of such party to the satisfaction of that party's debt.
Acts 1979, ch. 203, § 10.
Tenn. Code Ann. § 47-4a-404 — TN Code / Title 47 / Chapter 4a / Section 47-4a-404
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 4 - PAYMENT (§§ 47-4A-401 — 47-4A-406) Section 47-4A-404 - Obligation of beneficiary's bank to pay and give notice to beneficiary
Status: in_force

(a) Subject to §§ 47-4A-211(e) , 47-4A-405(d) , and 47-4A-405(e) , if a beneficiary's bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may recover damages resulting from the refusal to pay to the extent the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment. (b) If a payment order accepted by the beneficiary's bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before midnight (12:00) of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first-class mail or any other means reasonable in the circumstances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have been given until the day the beneficiary learned of receipt of the payment order by the bank. No other damages are recoverable. Reasonable attorney's fees are also recoverable if demand for interest is made and refused before an action is brought on the claim. (c) The right of a beneficiary to receive payment and damages as stated in subsection (a) may not be varied by agreement or a funds-transfer system rule. The right of a beneficiary to be notified as stated in subsection (b) may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule before initiation of the funds transfer. Acts 1991, ch. 52, § 1.
(a) Subject to §§ 47-4A-211(e) , 47-4A-405(d) , and 47-4A-405(e) , if a beneficiary's bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may recover damages resulting from the refusal to pay to the extent the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary's bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before midnight (12:00) of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first-class mail or any other means reasonable in the circumstances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have been given until the day the beneficiary learned of receipt of the payment order by the bank. No other damages are recoverable. Reasonable attorney's fees are also recoverable if demand for interest is made and refused before an action is brought on the claim.
(c) The right of a beneficiary to receive payment and damages as stated in subsection (a) may not be varied by agreement or a funds-transfer system rule. The right of a beneficiary to be notified as stated in subsection (b) may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule before initiation of the funds transfer.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-10-118 — TN Code / Title 47 / Chapter 10 / Section 47-10-118
Acceptance and distribution of electronic records by governmental agencies
Status: in_force

(a) Except as may otherwise be specifically required or prohibited by applicable law, and except as otherwise provided in § 47-10-112(f) : (1) The information systems council established under § 4-3-5501 , shall further determine whether, and the extent to which, this state or any of its agencies and departments will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures; and (2) Subject to § 47-10-120 , any local governmental public official, including but not limited to officials of counties, municipalities, utility districts, other local governmental entities and those offices enumerated under § 8-22-101 , making determinations under § 47-10-117(b) , shall each themselves further determine whether, and the extent to which, they will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. (b) To the extent that any governmental agency uses electronic records or electronic signatures under subsection (a), the information systems council established under § 4-3-5501 , giving due consideration to security, may so specify as set forth below: (1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes; (2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process; (3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (4) Any other required attributes for electronic records which are specified for corresponding non-electronic records or reasonably necessary under the circumstances. (c) Except as otherwise provided in § 47-10-112(f) , this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures. Acts 2001, ch. 72, § 18.
(a) Except as may otherwise be specifically required or prohibited by applicable law, and except as otherwise provided in § 47-10-112(f) : (1) The information systems council established under § 4-3-5501 , shall further determine whether, and the extent to which, this state or any of its agencies and departments will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures; and (2) Subject to § 47-10-120 , any local governmental public official, including but not limited to officials of counties, municipalities, utility districts, other local governmental entities and those offices enumerated under § 8-22-101 , making determinations under § 47-10-117(b) , shall each themselves further determine whether, and the extent to which, they will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(1) The information systems council established under § 4-3-5501 , shall further determine whether, and the extent to which, this state or any of its agencies and departments will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures; and
(2) Subject to § 47-10-120 , any local governmental public official, including but not limited to officials of counties, municipalities, utility districts, other local governmental entities and those offices enumerated under § 8-22-101 , making determinations under § 47-10-117(b) , shall each themselves further determine whether, and the extent to which, they will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent that any governmental agency uses electronic records or electronic signatures under subsection (a), the information systems council established under § 4-3-5501 , giving due consideration to security, may so specify as set forth below: (1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes; (2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process; (3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (4) Any other required attributes for electronic records which are specified for corresponding non-electronic records or reasonably necessary under the circumstances.
(1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4) Any other required attributes for electronic records which are specified for corresponding non-electronic records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in § 47-10-112(f) , this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
Acts 2001, ch. 72, § 18.
Tenn. Code Ann. § 47-4-201 — TN Code / Title 47 / Chapter 4 / Section 47-4-201
Status of collecting bank as agent and provisional status of credits - Applicability of chapter - Item endorsed "Pay Any Bank"
Status: in_force

(a) Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or sub-agent of the owner of the item and any settlement given for the item is provisional. This provision applies regardless of the form of endorsement or lack of endorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank, such as those resulting from outstanding advances on the item and rights of recoupment or setoff. If an item is handled by banks for purposes of presentment, payment, collection, or return, the relevant provisions of this chapter apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it. (b) After an item has been endorsed with the words "pay any bank" or the like, only a bank may acquire the rights of a holder until the item has been: (1) returned to the customer initiating collection; or (2) specially endorsed by a bank to a person who is not a bank. Acts 1963, ch. 81, § 1 (4-201); 1995, ch. 397, § 3.
(a) Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or sub-agent of the owner of the item and any settlement given for the item is provisional. This provision applies regardless of the form of endorsement or lack of endorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank, such as those resulting from outstanding advances on the item and rights of recoupment or setoff. If an item is handled by banks for purposes of presentment, payment, collection, or return, the relevant provisions of this chapter apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.
(b) After an item has been endorsed with the words "pay any bank" or the like, only a bank may acquire the rights of a holder until the item has been: (1) returned to the customer initiating collection; or (2) specially endorsed by a bank to a person who is not a bank.
(1) returned to the customer initiating collection; or
(2) specially endorsed by a bank to a person who is not a bank.
Acts 1963, ch. 81, § 1 (4-201); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-18-209 — TN Code / Title 47 / Chapter 18 / Section 47-18-209
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Amended by 2015 Tenn. Acts, ch. 339, s 9, eff. 7/1/2015. Acts 1999, ch. 55, § 4.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Amended by 2015 Tenn. Acts, ch. 339, s 9, eff. 7/1/2015.
Acts 1999, ch. 55, § 4.
Tenn. Code Ann. § 47-4-204 — TN Code / Title 47 / Chapter 4 / Section 47-4-204
Methods of sending and presenting - Sending directly to payor bank
Status: in_force

(a) A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions, the nature of the item, the number of those items on hand, the cost of collection involved, and the method generally used by it or others to present those items. (b) A collecting bank may send: (1) an item directly to the payor bank; (2) an item to a nonbank payor if authorized by its transferor; and (3) an item other than documentary drafts to a nonbank payor, if authorized by Federal Reserve regulation or operating circular, clearing-house rule, or the like. (c) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made. Acts 1963, ch. 81, § 1 (4-204); 1995, ch. 397, § 3.
(a) A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions, the nature of the item, the number of those items on hand, the cost of collection involved, and the method generally used by it or others to present those items.
(b) A collecting bank may send: (1) an item directly to the payor bank; (2) an item to a nonbank payor if authorized by its transferor; and (3) an item other than documentary drafts to a nonbank payor, if authorized by Federal Reserve regulation or operating circular, clearing-house rule, or the like.
(1) an item directly to the payor bank;
(2) an item to a nonbank payor if authorized by its transferor; and
(3) an item other than documentary drafts to a nonbank payor, if authorized by Federal Reserve regulation or operating circular, clearing-house rule, or the like.
(c) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.
Acts 1963, ch. 81, § 1 (4-204); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-7-602 — TN Code / Title 47 / Chapter 7 / Section 47-7-602
Judicial process against goods covered by negotiable document of title
Status: in_force

Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process. Acts 2008, ch. 814, § 1.
Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-1-309 — TN Code / Title 47 / Chapter 1 / Section 47-1-309
Option to accelerate at will
Status: in_force

A term providing that one (1) party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure", or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised. Acts 2008, ch. 930, § 1.
A term providing that one (1) party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure", or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-2-606 — TN Code / Title 47 / Chapter 2 / Section 47-2-606
What constitutes acceptance of goods
Status: in_force

(1) Acceptance of goods occurs when the buyer: (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or (b) fails to make an effective rejection (§ 47-2-602(1) ), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or (c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him. (2) Acceptance of a part of any commercial unit is acceptance of that entire unit. Acts 1963, ch. 81, § 1 (2-606).
(1) Acceptance of goods occurs when the buyer: (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or (b) fails to make an effective rejection (§ 47-2-602(1) ), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or (c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.
(a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or
(b) fails to make an effective rejection (§ 47-2-602(1) ), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or
(c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.
(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.
Acts 1963, ch. 81, § 1 (2-606).
Tenn. Code Ann. § 47-8-101 — TN Code / Title 47 / Chapter 8 / Section 47-8-101
Short title
Status: in_force

This chapter may be cited as Uniform Commercial Code - Investment Securities. Acts 1997, ch. 79, § 1.
This chapter may be cited as Uniform Commercial Code - Investment Securities.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-8-105 — TN Code / Title 47 / Chapter 8 / Section 47-8-105
Notice of adverse claim
Status: in_force

(a) A person has notice of an adverse claim if: (1) the person knows of the adverse claim; (2) the person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim; or (3) the person has a duty, imposed by statute or regulation, to investigate whether an adverse claim exists, and the investigation so required would establish the existence of the adverse claim. (b) Having knowledge that a financial asset or interest therein is or has been transferred by a representative imposes no duty of inquiry into the rightfulness of a transaction and is not notice of an adverse claim. However, a person who knows that a representative has transferred a financial asset or interest therein in a transaction that is, or whose proceeds are being used, for the individual benefit of the representative or otherwise in breach of duty has notice of an adverse claim. (c) An act or event that creates a right to immediate performance of the principal obligation represented by a security certificate or sets a date on or after which the certificate is to be presented or surrendered for redemption or exchange does not itself constitute notice of an adverse claim except in the case of a transfer more than: (1) one (1) year after a date set for presentment or surrender for redemption or exchange; or (2) six (6) months after a date set for payment of money against presentation or surrender of the certificate, if money was available for payment on that date. (d) A purchaser of a certificated security has notice of an adverse claim if the security certificate: (1) whether in bearer or registered form, has been endorsed "for collection" or "for surrender" or for some other purpose not involving transfer; or (2) is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor, but the mere writing of a name on the certificate is not such a statement. (e) Filing of a financing statement under chapter 9 of this title is not notice of an adverse claim to a financial asset. Acts 1997, ch. 79, § 1.
(a) A person has notice of an adverse claim if: (1) the person knows of the adverse claim; (2) the person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim; or (3) the person has a duty, imposed by statute or regulation, to investigate whether an adverse claim exists, and the investigation so required would establish the existence of the adverse claim.
(1) the person knows of the adverse claim;
(2) the person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim; or
(3) the person has a duty, imposed by statute or regulation, to investigate whether an adverse claim exists, and the investigation so required would establish the existence of the adverse claim.
(b) Having knowledge that a financial asset or interest therein is or has been transferred by a representative imposes no duty of inquiry into the rightfulness of a transaction and is not notice of an adverse claim. However, a person who knows that a representative has transferred a financial asset or interest therein in a transaction that is, or whose proceeds are being used, for the individual benefit of the representative or otherwise in breach of duty has notice of an adverse claim.
(c) An act or event that creates a right to immediate performance of the principal obligation represented by a security certificate or sets a date on or after which the certificate is to be presented or surrendered for redemption or exchange does not itself constitute notice of an adverse claim except in the case of a transfer more than: (1) one (1) year after a date set for presentment or surrender for redemption or exchange; or (2) six (6) months after a date set for payment of money against presentation or surrender of the certificate, if money was available for payment on that date.
(1) one (1) year after a date set for presentment or surrender for redemption or exchange; or
(2) six (6) months after a date set for payment of money against presentation or surrender of the certificate, if money was available for payment on that date.
(d) A purchaser of a certificated security has notice of an adverse claim if the security certificate: (1) whether in bearer or registered form, has been endorsed "for collection" or "for surrender" or for some other purpose not involving transfer; or (2) is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor, but the mere writing of a name on the certificate is not such a statement.
(1) whether in bearer or registered form, has been endorsed "for collection" or "for surrender" or for some other purpose not involving transfer; or
(2) is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor, but the mere writing of a name on the certificate is not such a statement.
(e) Filing of a financing statement under chapter 9 of this title is not notice of an adverse claim to a financial asset.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-14-118 — TN Code / Title 47 / Chapter 14 / Section 47-14-118
Usury or excessive charges - Statute of limitations
Status: in_force

(a) No action shall be brought on any claim for usury after three (3) years from the date of last payment of the same or foreclosure or court action, whichever ensues first. (b) No action shall be brought on any claim for excessive loan charges, commitment fees, or brokerage commissions after three (3) years from the date of payment of the charges, fees or commissions. Acts 1979, ch. 203, § 17.
(a) No action shall be brought on any claim for usury after three (3) years from the date of last payment of the same or foreclosure or court action, whichever ensues first.
(b) No action shall be brought on any claim for excessive loan charges, commitment fees, or brokerage commissions after three (3) years from the date of payment of the charges, fees or commissions.
Acts 1979, ch. 203, § 17.
Tenn. Code Ann. § 47-25-403 — TN Code / Title 47 / Chapter 25 / Section 47-25-403
Prohibited acts
Status: in_force

It is unlawful for any person without the written authority of the owner of a trademark for a drug to do or be concerned in the doing of any of the following acts: (1) Making or causing to be made, selling, possessing, or using commercially any counterfeit, copy, or deceptive imitation of such trademark or any package or label bearing or containing any such counterfeit, copy, or deceptive imitation; (2) Knowingly receiving, keeping or having in the person's possession or under the person's control, selling, offering for sale, or disposing of any drug bearing any counterfeit, copy, or deceptive imitation of such trademark or in any package or under any label bearing any such counterfeit, copy, or deceptive imitation; (3) Making or causing to be made or knowingly possessing, selling, disposing of, delivering, or offering to deliver to any person a die, plate, block, stone, type-face, matrix, or other means of printing, lithographing, or otherwise making a counterfeit, copy, or deceptive imitation of such trademark; or (4) Knowingly misrepresenting orally or by advertisement or artifice the manufacture or origin or commercial sponsorship of any drug sold, offered, or exposed for sale. Acts 1933, ch. 113, § 2; C. Supp. 1950, § 6594.2; T.C.A. (orig. ed.), §§ 69-515, 47-25-415.
It is unlawful for any person without the written authority of the owner of a trademark for a drug to do or be concerned in the doing of any of the following acts:
(1) Making or causing to be made, selling, possessing, or using commercially any counterfeit, copy, or deceptive imitation of such trademark or any package or label bearing or containing any such counterfeit, copy, or deceptive imitation;
(2) Knowingly receiving, keeping or having in the person's possession or under the person's control, selling, offering for sale, or disposing of any drug bearing any counterfeit, copy, or deceptive imitation of such trademark or in any package or under any label bearing any such counterfeit, copy, or deceptive imitation;
(3) Making or causing to be made or knowingly possessing, selling, disposing of, delivering, or offering to deliver to any person a die, plate, block, stone, type-face, matrix, or other means of printing, lithographing, or otherwise making a counterfeit, copy, or deceptive imitation of such trademark; or
(4) Knowingly misrepresenting orally or by advertisement or artifice the manufacture or origin or commercial sponsorship of any drug sold, offered, or exposed for sale.
Acts 1933, ch. 113, § 2; C. Supp. 1950, § 6594.2; T.C.A. (orig. ed.), §§ 69-515, 47-25-415.
Tenn. Code Ann. § 47-5-116 — TN Code / Title 47 / Chapter 5 / Section 47-5-116
Choice of law and forum
Status: in_force

(a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in § 47-5-104 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction. (b) Unless subsection (a) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one (1) address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection. (c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If: (i) this chapter would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b); (ii) the relevant undertaking incorporates rules of custom or practice; and (iii) there is conflict between this article and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § 47-5-103(c) . (d) If there is conflict between this chapter and chapter 3, 4, 4A, or 9 of this title, this chapter governs. (e) The forum for settling disputes arising out of an undertaking within this article may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a). Acts 1998, ch. 675, § 1.
(a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in § 47-5-104 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.
(b) Unless subsection (a) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one (1) address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection.
(c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If: (i) this chapter would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b); (ii) the relevant undertaking incorporates rules of custom or practice; and (iii) there is conflict between this article and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § 47-5-103(c) .
(i) this chapter would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b);
(ii) the relevant undertaking incorporates rules of custom or practice; and
(iii) there is conflict between this article and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § 47-5-103(c) .
(d) If there is conflict between this chapter and chapter 3, 4, 4A, or 9 of this title, this chapter governs.
(e) The forum for settling disputes arising out of an undertaking within this article may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a).
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-13-115 — TN Code / Title 47 / Chapter 13 / Section 47-13-115
General assignments - Preference of creditors
Status: in_force

(a) Preference of creditors in general assignments of all a debtor's property for the benefit of creditors shall be illegal and voidable, and all general assignments shall operate for the benefit of all the debtor's creditors pro rata, whether all the creditors are named in the assignment or not. (b) The insertion of a clause in the assignment giving a preference shall not render the assignment itself invalid, but the clause only shall be nugatory, and all the debtor's creditors shall share ratably in property assigned. Acts 1881, ch. 121, § 1; Shan., § 3527a1; mod. Code 1932, §7787; T.C.A. (orig. ed.), § 47-1515.
(a) Preference of creditors in general assignments of all a debtor's property for the benefit of creditors shall be illegal and voidable, and all general assignments shall operate for the benefit of all the debtor's creditors pro rata, whether all the creditors are named in the assignment or not.
(b) The insertion of a clause in the assignment giving a preference shall not render the assignment itself invalid, but the clause only shall be nugatory, and all the debtor's creditors shall share ratably in property assigned.
Acts 1881, ch. 121, § 1; Shan., § 3527a1; mod. Code 1932, §7787; T.C.A. (orig. ed.), § 47-1515.
Tenn. Code Ann. § 47-16-104 — TN Code / Title 47 / Chapter 16 / Section 47-16-104
Requirements for litigation financing transactions
Status: in_force

A litigation financier shall fulfill each of the following requirements when engaged in litigation financing: (1) The terms of the litigation financing transaction shall be set forth in a written contract that is completely filled-in with no incomplete sections when the contract is offered or presented to the consumer; (2) The litigation financing contract shall contain a right of rescission, allowing the consumer to cancel the litigation financing contract without penalty or further obligation if, within five (5) business days following the consumer's receipt of the funds or goods, or execution of the litigation financing contract, whichever is later, the consumer gives notice of the rescission and returns any money or goods already provided to the consumer by the litigation financier; (3) The litigation financing contract shall contain a written acknowledgment by the consumer of whether the consumer is represented by an attorney in the dispute; (4) If the consumer acknowledges that the consumer is represented by an attorney in the dispute, the litigation financing contract shall include a written acknowledgment executed by the consumer's attorney in the dispute in which the attorney acknowledges all of the following: (A) The attorney has had the opportunity to review the litigation financing contract on behalf of the consumer; (B) Whether the attorney is being paid on a contingency basis pursuant to a written fee agreement; (C) That all proceeds of the legal claim shall be disbursed by either the trust account of the attorney representing the consumer in the dispute or a settlement fund established to receive the proceeds of the dispute from the defendant on behalf of the consumer; (D) The attorney is representing the consumer with regard to the dispute that is the subject of the litigation financing contract; and (E) The attorney has neither received nor paid a referral fee or any other consideration from or to the litigation financier, nor will the attorney in the future; and (5) In the event that proceeds are paid into a settlement fund or trust, the litigation financier shall notify the administrator of the fund or trust of any outstanding liens arising from the litigation financing contract. Acts 2014, ch. 819, § 1.
A litigation financier shall fulfill each of the following requirements when engaged in litigation financing:
(1) The terms of the litigation financing transaction shall be set forth in a written contract that is completely filled-in with no incomplete sections when the contract is offered or presented to the consumer;
(2) The litigation financing contract shall contain a right of rescission, allowing the consumer to cancel the litigation financing contract without penalty or further obligation if, within five (5) business days following the consumer's receipt of the funds or goods, or execution of the litigation financing contract, whichever is later, the consumer gives notice of the rescission and returns any money or goods already provided to the consumer by the litigation financier;
(3) The litigation financing contract shall contain a written acknowledgment by the consumer of whether the consumer is represented by an attorney in the dispute;
(4) If the consumer acknowledges that the consumer is represented by an attorney in the dispute, the litigation financing contract shall include a written acknowledgment executed by the consumer's attorney in the dispute in which the attorney acknowledges all of the following: (A) The attorney has had the opportunity to review the litigation financing contract on behalf of the consumer; (B) Whether the attorney is being paid on a contingency basis pursuant to a written fee agreement; (C) That all proceeds of the legal claim shall be disbursed by either the trust account of the attorney representing the consumer in the dispute or a settlement fund established to receive the proceeds of the dispute from the defendant on behalf of the consumer; (D) The attorney is representing the consumer with regard to the dispute that is the subject of the litigation financing contract; and (E) The attorney has neither received nor paid a referral fee or any other consideration from or to the litigation financier, nor will the attorney in the future; and
(A) The attorney has had the opportunity to review the litigation financing contract on behalf of the consumer;
(B) Whether the attorney is being paid on a contingency basis pursuant to a written fee agreement;
(C) That all proceeds of the legal claim shall be disbursed by either the trust account of the attorney representing the consumer in the dispute or a settlement fund established to receive the proceeds of the dispute from the defendant on behalf of the consumer;
(D) The attorney is representing the consumer with regard to the dispute that is the subject of the litigation financing contract; and
(E) The attorney has neither received nor paid a referral fee or any other consideration from or to the litigation financier, nor will the attorney in the future; and
(5) In the event that proceeds are paid into a settlement fund or trust, the litigation financier shall notify the administrator of the fund or trust of any outstanding liens arising from the litigation financing contract.
Acts 2014, ch. 819, § 1.
Tenn. Code Ann. § 47-18-1607 — TN Code / Title 47 / Chapter 18 / Section 47-18-1607
[Renumbered]
Status: repealed

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 47-4-215 — TN Code / Title 47 / Chapter 4 / Section 47-4-215
Final payment of item by payor bank - When provisional debits and credits become final - When certain credits become available for withdrawal
Status: in_force

(a) An item is finally paid by a payor bank when the bank has first done any of the following: (1) paid the item in cash; (2) settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or (3) made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing-house rule, or agreement. (b) If provisional settlement for an item does not become final, the item is not finally paid. (c) If provisional settlement for an item between the presenting and payor banks is made through a clearing house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the items by the payor bank. (d) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final. (e) Subject to (i) applicable law stating a time for availability of funds and (ii) any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer's account becomes available for withdrawal as of right: (1) if the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; (2) if the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bank's second banking day following receipt of the item. (f) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank's next banking day after receipt of the deposit. Acts 1963, ch. 81, § 1 (4-213); T.C.A. § 47-4-213 ; Acts 1995, ch. 397, § 3.
(a) An item is finally paid by a payor bank when the bank has first done any of the following: (1) paid the item in cash; (2) settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or (3) made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(1) paid the item in cash;
(2) settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or
(3) made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(b) If provisional settlement for an item does not become final, the item is not finally paid.
(c) If provisional settlement for an item between the presenting and payor banks is made through a clearing house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the items by the payor bank.
(d) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.
(e) Subject to (i) applicable law stating a time for availability of funds and (ii) any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer's account becomes available for withdrawal as of right: (1) if the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; (2) if the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bank's second banking day following receipt of the item.
(1) if the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time;
(2) if the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bank's second banking day following receipt of the item.
(f) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank's next banking day after receipt of the deposit.
Acts 1963, ch. 81, § 1 (4-213); T.C.A. § 47-4-213 ; Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-18-3315 — TN Code / Title 47 / Chapter 18 / Section 47-18-3315
[Effective 7/1/2025] Preemption of conflicting provisions
Status: in_force

This part supersedes and preempts any conflicting provisions of any public or private act and laws, ordinances, resolutions, regulations, or the equivalent adopted by a home rule municipality, county, including a metropolitan government, or city regarding the processing of personal data by controllers or processors. To the extent there exists a conflict, this section does not require the home rule municipality, county, or city to adopt any law, ordinance, resolution, regulation, or the equivalent to modify or repeal such conflicting provisions enacted prior to July 1, 2025. Added by 2023 Tenn. Acts, ch. 408, s 4, eff. 7/1/2025.
This part supersedes and preempts any conflicting provisions of any public or private act and laws, ordinances, resolutions, regulations, or the equivalent adopted by a home rule municipality, county, including a metropolitan government, or city regarding the processing of personal data by controllers or processors. To the extent there exists a conflict, this section does not require the home rule municipality, county, or city to adopt any law, ordinance, resolution, regulation, or the equivalent to modify or repeal such conflicting provisions enacted prior to July 1, 2025.
Added by 2023 Tenn. Acts, ch. 408, s 4, eff. 7/1/2025.
Tenn. Code Ann. § 47-4-208 — TN Code / Title 47 / Chapter 4 / Section 47-4-208
Presentment warranties
Status: in_force

(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered; (3) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized; and (4) If the instrument is a payee-initiated demand draft, the creation of the draft according to the terms on its face was authorized by the person on whose account the instrument is drawn. (b) A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft (i) breach of warranty is a defense to the obligation of the acceptor, and (ii) if the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection. (c) If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under § 47-3-404 or § 47-3-405 or the drawer is precluded under § 47-3-406 or § 47-4-406 from asserting against the drawee the unauthorized endorsement or alteration. (d) If (i) a dishonored draft is presented for payment to the drawer or an endorser or (ii) any other item is presented for payment to a party obliged to pay the item, and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach. (e) The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty (30) days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim. (f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. (g) A warrantor does not make the warranty under subdivision (a)(4) to a drawee who would not under then-applicable law make the same or substantially identical warranty to the warrantor with respect to a payee-initiated draft drawn on the warrantor and presented or transferred by the drawee. Acts 1995, ch. 397, § 3; 2003, ch. 62, §§ 19 - 22.
(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered; (3) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized; and (4) If the instrument is a payee-initiated demand draft, the creation of the draft according to the terms on its face was authorized by the person on whose account the instrument is drawn.
(1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;
(2) The draft has not been altered;
(3) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized; and
(4) If the instrument is a payee-initiated demand draft, the creation of the draft according to the terms on its face was authorized by the person on whose account the instrument is drawn.
(b) A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft (i) breach of warranty is a defense to the obligation of the acceptor, and (ii) if the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection.
(c) If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under § 47-3-404 or § 47-3-405 or the drawer is precluded under § 47-3-406 or § 47-4-406 from asserting against the drawee the unauthorized endorsement or alteration.
(d) If (i) a dishonored draft is presented for payment to the drawer or an endorser or (ii) any other item is presented for payment to a party obliged to pay the item, and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
(e) The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty (30) days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
(g) A warrantor does not make the warranty under subdivision (a)(4) to a drawee who would not under then-applicable law make the same or substantially identical warranty to the warrantor with respect to a payee-initiated draft drawn on the warrantor and presented or transferred by the drawee.
Acts 1995, ch. 397, § 3; 2003, ch. 62, §§ 19 - 22.
Tenn. Code Ann. § 47-8-116 — TN Code / Title 47 / Chapter 8 / Section 47-8-116
Securities intermediary as purchaser for value
Status: in_force

A securities intermediary that receives a financial asset and establishes a security entitlement to the financial asset in favor of an entitlement holder is a purchaser for value of the financial asset. A securities intermediary that acquires a security entitlement to a financial asset from another securities intermediary acquires the security entitlement for value if the securities intermediary acquiring the security entitlement establishes a security entitlement to the financial asset in favor of an entitlement holder. Acts 1997, ch. 79, § 1.
A securities intermediary that receives a financial asset and establishes a security entitlement to the financial asset in favor of an entitlement holder is a purchaser for value of the financial asset. A securities intermediary that acquires a security entitlement to a financial asset from another securities intermediary acquires the security entitlement for value if the securities intermediary acquiring the security entitlement establishes a security entitlement to the financial asset in favor of an entitlement holder.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-2a-101 — TN Code / Title 47 / Chapter 2a / Section 47-2a-101
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 1 - GENERAL PROVISIONS (§§ 47-2A-101 — 47-2A-111) Section 47-2A-101 - Short title
Status: in_force

This chapter shall be known and may be cited as the Uniform Commercial Code-Leases. Acts 1993, ch. 398, § 1.
This chapter shall be known and may be cited as the Uniform Commercial Code-Leases.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-1505 — TN Code / Title 47 / Chapter 18 / Section 47-18-1505
Unlawful use of telephone access line
Status: in_force

It is unlawful for any person making use of a telephone access line to use, to employ or direct another person to use, or to contract for the use of ADAD equipment or the United States mail for the purpose of soliciting any person to call such telephone access line. Acts 1990, ch. 874, § 5.
It is unlawful for any person making use of a telephone access line to use, to employ or direct another person to use, or to contract for the use of ADAD equipment or the United States mail for the purpose of soliciting any person to call such telephone access line.
Acts 1990, ch. 874, § 5.
Tenn. Code Ann. § 47-2a-511 — TN Code / Title 47 / Chapter 2a / Section 47-2a-511
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) B. DEFAULT BY LESSOR (§§ 47-2A-508 — 47-2A-522) Section 47-2A-511 - Merchant lessee's duties as to rightfully rejected goods
Status: in_force

(1) Subject to any security interest of a lessee (§ 47-2A-508(5) ), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his or her possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming. (2) If a merchant lessee (subsection (1)) or any other lessee (§ 47-2A-512 ) disposes of goods, he or she is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding ten percent (10%) of the gross proceeds. (3) In complying with this section or § 47-2A-512 , the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages. (4) A purchaser who purchases in good faith from a lessee pursuant to this section or § 47-2A-512 takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one (1) or more of the requirements of this chapter. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
(1) Subject to any security interest of a lessee (§ 47-2A-508(5) ), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his or her possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.
(2) If a merchant lessee (subsection (1)) or any other lessee (§ 47-2A-512 ) disposes of goods, he or she is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding ten percent (10%) of the gross proceeds.
(3) In complying with this section or § 47-2A-512 , the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages.
(4) A purchaser who purchases in good faith from a lessee pursuant to this section or § 47-2A-512 takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one (1) or more of the requirements of this chapter.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-26-701 — TN Code / Title 47 / Chapter 26 / Section 47-26-701
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Agricultural products" means any product of agriculture which is tested for moisture content when offered for sale, processing, or storage; (2) "Commissioner" means the commissioner of agriculture; (3) "Department" means the Tennessee department of agriculture; (4) "Moisture-measuring devices" means any device or instrument used by any person in proving or ascertaining the moisture content of agricultural products; and (5) "Person" means any individual, corporation, partnership, cooperative association, or two (2) or more persons having a joint or common interest in the same venture. Acts 1977, ch. 138, § 1; T.C.A., § 71-701.
As used in this part, unless the context requires otherwise:
(1) "Agricultural products" means any product of agriculture which is tested for moisture content when offered for sale, processing, or storage;
(2) "Commissioner" means the commissioner of agriculture;
(3) "Department" means the Tennessee department of agriculture;
(4) "Moisture-measuring devices" means any device or instrument used by any person in proving or ascertaining the moisture content of agricultural products; and
(5) "Person" means any individual, corporation, partnership, cooperative association, or two (2) or more persons having a joint or common interest in the same venture.
Acts 1977, ch. 138, § 1; T.C.A., § 71-701.
Tenn. Code Ann. § 47-9-805 — TN Code / Title 47 / Chapter 9 / Section 47-9-805
Effectiveness of action taken before effective date
Status: in_force

(a) Pre-effective-date filing effective. The filing of a financing statement before this act takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter as amended by this act. (b) When pre-effective-date filing becomes ineffective. This act does not render ineffective an effective financing statement that, before this act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before amendment. However, except as otherwise provided in subsections (c) and (d) and § 47-9-806 , the financing statement ceases to be effective: (1) If the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had this act not taken effect; or (2) If the financing statement is filed in another jurisdiction, at the earlier of: (A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or (B) June 30, 2018. (c) Continuation statement. The filing of a continuation statement after this act takes effect does not continue the effectiveness of a financing statement filed before this act takes effect. However, upon the timely filing of a continuation statement after this act takes effect and in accordance with the law of the jurisdiction governing perfection as provided in this chapter as amended by this act, the effectiveness of a financing statement filed in the same office in that jurisdiction before this act takes effect continues for the period provided by the law of that jurisdiction. (d) Application of subdivision (b)(2)(B) to transmitting utility financing statement. Subsection (b)(2)(B) applies to a financing statement that, before this act takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before amendment, only to the extent that this chapter as amended by this act provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement. (e) Application of part 5. A financing statement that includes a financing statement filed before this act takes effect and a continuation statement filed after this act takes effect is effective only to the extent that it satisfies the requirements of Part 5 of this chapter as amended by this act for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of § 47-9-503(a)(2) as amended by this act. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of § 47-9-503(a)(3) as amended by this act. Acts 2012, ch. 708, § 20.
(a) Pre-effective-date filing effective. The filing of a financing statement before this act takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter as amended by this act.
(b) When pre-effective-date filing becomes ineffective. This act does not render ineffective an effective financing statement that, before this act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before amendment. However, except as otherwise provided in subsections (c) and (d) and § 47-9-806 , the financing statement ceases to be effective: (1) If the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had this act not taken effect; or (2) If the financing statement is filed in another jurisdiction, at the earlier of: (A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or (B) June 30, 2018.
(1) If the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had this act not taken effect; or
(2) If the financing statement is filed in another jurisdiction, at the earlier of: (A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or (B) June 30, 2018.
(A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or
(B) June 30, 2018.
(c) Continuation statement. The filing of a continuation statement after this act takes effect does not continue the effectiveness of a financing statement filed before this act takes effect. However, upon the timely filing of a continuation statement after this act takes effect and in accordance with the law of the jurisdiction governing perfection as provided in this chapter as amended by this act, the effectiveness of a financing statement filed in the same office in that jurisdiction before this act takes effect continues for the period provided by the law of that jurisdiction.
(d) Application of subdivision (b)(2)(B) to transmitting utility financing statement. Subsection (b)(2)(B) applies to a financing statement that, before this act takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this chapter as it existed before amendment, only to the extent that this chapter as amended by this act provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(e) Application of part 5. A financing statement that includes a financing statement filed before this act takes effect and a continuation statement filed after this act takes effect is effective only to the extent that it satisfies the requirements of Part 5 of this chapter as amended by this act for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of § 47-9-503(a)(2) as amended by this act. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of § 47-9-503(a)(3) as amended by this act.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-26-923 — TN Code / Title 47 / Chapter 26 / Section 47-26-923
Warning in lieu of criminal or civil penalties
Status: in_force

Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable oral or written notice or warning. Acts 1997, ch. 311, § 1.
Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable oral or written notice or warning.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-26-802 — TN Code / Title 47 / Chapter 26 / Section 47-26-802
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Certified public weigher" means a natural person licensed under this part; (2) "Commissioner" means the commissioner of agriculture or the commissioner's duly appointed representative; (3) "Department" means the Tennessee department of agriculture; (4) "Natural resources product" means crushed stone, sand, gravel, cement, and asphalt related to highway construction and/or other construction projects or construction purposes, so long as materials are produced at a central location for commercial or highway use, and are measured by ton, cubic yard, or metric weights; (5) "Producer and supplier" means any individual, firm, partnership, corporation, company, association, or governmental entity which engages in the production and/or sale of natural resources products; (6) "Seal" means and includes the certified weigher's name, the words "Tennessee Certified Weigher" and the weigher's license number, which can be affixed either manually (by a rubber stamp or with an imprinting type stamp) or electronically; and (7) "Signature" means the certified weigher's written name, which can be generated manually or electronically. Acts 1981, ch. 389, § 3; 1981, ch. 539, § 1; T.C.A., § 71-802; Acts 2000, ch. 597, § 1.
As used in this part, unless the context otherwise requires:
(1) "Certified public weigher" means a natural person licensed under this part;
(2) "Commissioner" means the commissioner of agriculture or the commissioner's duly appointed representative;
(3) "Department" means the Tennessee department of agriculture;
(4) "Natural resources product" means crushed stone, sand, gravel, cement, and asphalt related to highway construction and/or other construction projects or construction purposes, so long as materials are produced at a central location for commercial or highway use, and are measured by ton, cubic yard, or metric weights;
(5) "Producer and supplier" means any individual, firm, partnership, corporation, company, association, or governmental entity which engages in the production and/or sale of natural resources products;
(6) "Seal" means and includes the certified weigher's name, the words "Tennessee Certified Weigher" and the weigher's license number, which can be affixed either manually (by a rubber stamp or with an imprinting type stamp) or electronically; and
(7) "Signature" means the certified weigher's written name, which can be generated manually or electronically.
Acts 1981, ch. 389, § 3; 1981, ch. 539, § 1; T.C.A., § 71-802; Acts 2000, ch. 597, § 1.
Tenn. Code Ann. § 47-18-2103 — TN Code / Title 47 / Chapter 18 / Section 47-18-2103
Prohibited practices
Status: in_force

It is unlawful for any person to directly or indirectly: (1) Engage in identity theft; or (2) Engage in any unfair, deceptive, misleading act or practice for the purpose of directly or indirectly engaging in identity theft. Acts 1999, ch. 201, § 4.
It is unlawful for any person to directly or indirectly:
(1) Engage in identity theft; or
(2) Engage in any unfair, deceptive, misleading act or practice for the purpose of directly or indirectly engaging in identity theft.
Acts 1999, ch. 201, § 4.
Tenn. Code Ann. § 47-8-201 — TN Code / Title 47 / Chapter 8 / Section 47-8-201
Issuer
Status: in_force

(a) With respect to an obligation on or a defense to a security, an "issuer" includes a person that: (1) places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate; (2) creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security; (3) directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or (4) becomes responsible for, or in place of, another person described as an issuer in this section. (b) With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate. (c) With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained. Acts 1997, ch. 79, § 1.
(a) With respect to an obligation on or a defense to a security, an "issuer" includes a person that: (1) places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate; (2) creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security; (3) directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or (4) becomes responsible for, or in place of, another person described as an issuer in this section.
(1) places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate;
(2) creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security;
(3) directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or
(4) becomes responsible for, or in place of, another person described as an issuer in this section.
(b) With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate.
(c) With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-18-5102 — TN Code / Title 47 / Chapter 18 / Section 47-18-5102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abnormal economic disruption" means a disruption or anticipated disruption to usual business conditions caused by a natural or man-made disaster or emergency resulting from a terrorist attack, war, strike, civil disturbance, tornado, earthquake, fire, flood, or any other natural disaster or man-made disaster; (2) "Building materials" means lumber, construction tools, windows, and anything else used in the building or rebuilding of property; (3) "Consumer food item" means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal; (4) "Costs" means any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business; (5) "Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers; (6) "Gasoline" means any fuel used to power any motor vehicle or power tool; (7) "Goods" has the same meaning as provided in § 47-18-103 ; (8) "Housing" means any rental housing leased on a month-to-month term; (9) "Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products; (10) "Person" has the same meaning as provided in § 47-18-103 ; (11) "Repair or reconstruction services" means services performed by any person for repairs to residential or commercial property of any type that is damaged as a result of a disaster or terrorist attack; (12) "Services" has the same meaning as provided in § 47-18-103 ; and (13) [Deleted by 2018 amendment.] (14) "Transportation, freight, and storage services" means any service that is performed by any company that contracts to move, store, or transport personal or business property or rents equipment for those purposes. Amended by 2018 Tenn. Acts, ch. 624,s 3, eff. 4/2/2018. Acts 2002, ch. 807, § 2.
As used in this part, unless the context otherwise requires:
(1) "Abnormal economic disruption" means a disruption or anticipated disruption to usual business conditions caused by a natural or man-made disaster or emergency resulting from a terrorist attack, war, strike, civil disturbance, tornado, earthquake, fire, flood, or any other natural disaster or man-made disaster;
(2) "Building materials" means lumber, construction tools, windows, and anything else used in the building or rebuilding of property;
(3) "Consumer food item" means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal;
(4) "Costs" means any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business;
(5) "Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers;
(6) "Gasoline" means any fuel used to power any motor vehicle or power tool;
(7) "Goods" has the same meaning as provided in § 47-18-103 ;
(8) "Housing" means any rental housing leased on a month-to-month term;
(9) "Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products;
(10) "Person" has the same meaning as provided in § 47-18-103 ;
(11) "Repair or reconstruction services" means services performed by any person for repairs to residential or commercial property of any type that is damaged as a result of a disaster or terrorist attack;
(12) "Services" has the same meaning as provided in § 47-18-103 ; and
(13) [Deleted by 2018 amendment.]
(14) "Transportation, freight, and storage services" means any service that is performed by any company that contracts to move, store, or transport personal or business property or rents equipment for those purposes.
Amended by 2018 Tenn. Acts, ch. 624,s 3, eff. 4/2/2018.
Acts 2002, ch. 807, § 2.
Tenn. Code Ann. § 47-18-1704 — TN Code / Title 47 / Chapter 18 / Section 47-18-1704
Refund of fees paid in event of termination
Status: in_force

If a candidate accepts candidate-paid fee employment and is terminated by the employer through no cause of the candidate within four (4) weeks after beginning work, the employment agency shall, within thirty (30) days, refund any fee paid by the candidate. During such thirty (30) days, the employment agency shall, if requested, attempt to place the candidate in similar employment. Acts 1996, ch. 731, § 5.
If a candidate accepts candidate-paid fee employment and is terminated by the employer through no cause of the candidate within four (4) weeks after beginning work, the employment agency shall, within thirty (30) days, refund any fee paid by the candidate. During such thirty (30) days, the employment agency shall, if requested, attempt to place the candidate in similar employment.
Acts 1996, ch. 731, § 5.
Tenn. Code Ann. § 47-18-5536 — TN Code / Title 47 / Chapter 18 / Section 47-18-5536
Violation of Consumer Protection Act
Status: in_force

If an act or practice of a provider violates both this part and the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter, an individual may not recover under both for the same act or practice. Acts 2009, ch. 469, § 1.
If an act or practice of a provider violates both this part and the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter, an individual may not recover under both for the same act or practice.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-18-5524 — TN Code / Title 47 / Chapter 18 / Section 47-18-5524
Voluntary contributions
Status: in_force

A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until thirty (30) days after completion or termination of a plan, the aggregate amount of money received from or on behalf of the individual may not exceed the total amount the provider may charge the individual under § 47-18-5523 . Acts 2009, ch. 469, § 1.
A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until thirty (30) days after completion or termination of a plan, the aggregate amount of money received from or on behalf of the individual may not exceed the total amount the provider may charge the individual under § 47-18-5523 .
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-9-625 — TN Code / Title 47 / Chapter 9 / Section 47-9-625
Remedies for secured party's failure to comply with chapter
Status: in_force

(a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance. Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction. Except as otherwise provided in § 47-9-628 : (1) a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) for its loss; and (2) if the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus ten percent (10%) of the principal amount of the obligation or the time-price differential plus ten percent (10%) of the cash price. (d) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under § 47-9-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under § 47-9-626 may not otherwise recover under subsection (b) for noncompliance with this part relating to collection, enforcement, disposition, or acceptance. (e) Statutory damages: noncompliance with specified provisions. In addition to any damages recoverable under subsection (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars ($500) in each case from a person that: (1) fails to comply with § 47-9-208 ; (2) fails to comply with § 47-9-209 ; (3) files a record that the person is not entitled to file under § 47-9-509(a) and fails to file a termination statement within ten (10) days after receiving an authenticated demand; (4) fails to cause the secured party of record to file or send a termination statement; (A) as required by § 47-9-513(a) within ten (10) days after receiving an authenticated demand or (B) as required by § 47-9-513 (c); (5) fails to comply with § 47-9-616(b)(1) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or (6) fails to comply with § 47-9-616(b)(2) . (f) Statutory damages: noncompliance with § 47-9-210 . A debtor or consumer obligor may recover damages under subsection (b) and, in addition, five hundred dollars ($500) in each case from a person that, without reasonable cause, fails to comply with a request under § 47-9-210 . A recipient of a request under § 47-9-210 which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection (f). (g) Limitation of security interest: noncompliance with § 47-9-210 . If a secured party fails to comply with a request regarding a list of collateral or a statement of account under § 47-9-210 , the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure. Acts 2000, ch. 846, § 1.
(a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
(b) Damages for noncompliance. Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.
(c) Persons entitled to recover damages; statutory damages in consumer-goods transaction. Except as otherwise provided in § 47-9-628 : (1) a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) for its loss; and (2) if the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus ten percent (10%) of the principal amount of the obligation or the time-price differential plus ten percent (10%) of the cash price.
(1) a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) for its loss; and
(2) if the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus ten percent (10%) of the principal amount of the obligation or the time-price differential plus ten percent (10%) of the cash price.
(d) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under § 47-9-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under § 47-9-626 may not otherwise recover under subsection (b) for noncompliance with this part relating to collection, enforcement, disposition, or acceptance.
(e) Statutory damages: noncompliance with specified provisions. In addition to any damages recoverable under subsection (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars ($500) in each case from a person that: (1) fails to comply with § 47-9-208 ; (2) fails to comply with § 47-9-209 ; (3) files a record that the person is not entitled to file under § 47-9-509(a) and fails to file a termination statement within ten (10) days after receiving an authenticated demand; (4) fails to cause the secured party of record to file or send a termination statement; (A) as required by § 47-9-513(a) within ten (10) days after receiving an authenticated demand or (B) as required by § 47-9-513 (c); (5) fails to comply with § 47-9-616(b)(1) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or (6) fails to comply with § 47-9-616(b)(2) .
(1) fails to comply with § 47-9-208 ;
(2) fails to comply with § 47-9-209 ;
(3) files a record that the person is not entitled to file under § 47-9-509(a) and fails to file a termination statement within ten (10) days after receiving an authenticated demand;
(4) fails to cause the secured party of record to file or send a termination statement; (A) as required by § 47-9-513(a) within ten (10) days after receiving an authenticated demand or (B) as required by § 47-9-513 (c);
(A) as required by § 47-9-513(a) within ten (10) days after receiving an authenticated demand or
(B) as required by § 47-9-513 (c);
(5) fails to comply with § 47-9-616(b)(1) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or
(6) fails to comply with § 47-9-616(b)(2) .
(f) Statutory damages: noncompliance with § 47-9-210 . A debtor or consumer obligor may recover damages under subsection (b) and, in addition, five hundred dollars ($500) in each case from a person that, without reasonable cause, fails to comply with a request under § 47-9-210 . A recipient of a request under § 47-9-210 which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection (f).
(g) Limitation of security interest: noncompliance with § 47-9-210 . If a secured party fails to comply with a request regarding a list of collateral or a statement of account under § 47-9-210 , the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-2a-519 — TN Code / Title 47 / Chapter 2a / Section 47-2a-519
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) B. DEFAULT BY LESSOR (§§ 47-2A-508 — 47-2A-522) Section 47-2A-519 - Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods
Status: in_force

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 47-2A-504 ) or otherwise determined pursuant to agreement of the parties (§§ 47-1-302 and 47-2A-503 ), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under § 47-2A-518(2) , or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default. (2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival. (3) Except as otherwise agreed, if the lessee has accepted goods and given notification (§ 47-2A-516(3) ), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor's default. (4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty. Acts 1993, ch. 398, § 1; 2008 , ch. 930, § 7.
(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 47-2A-504 ) or otherwise determined pursuant to agreement of the parties (§§ 47-1-302 and 47-2A-503 ), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under § 47-2A-518(2) , or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.
(2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted goods and given notification (§ 47-2A-516(3) ), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.
(4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty.
Acts 1993, ch. 398, § 1; 2008 , ch. 930, § 7.
Tenn. Code Ann. § 47-30-109 — TN Code / Title 47 / Chapter 30 / Section 47-30-109
Provision of information to the commissioner
Status: in_force

(a) On forms prescribed by the commissioner, all authorized lenders shall provide all of the following information to the commissioner for dissemination to all counselors who provide counseling to prospective reverse mortgage borrowers: (1) The borrower's rights, obligations, and remedies with respect to the borrower's temporary absence from the home, late payments by the lender, and payment default by the lender; (2) Conditions or events that require the borrower to repay the loan obligation; (3) The right of the borrower to mortgage less than the full value of the home, if permitted by the reverse mortgage loan contract; (4) Either the projected total annual percentage rate, as defined in § 47-30-102 , or a table of projected "Total Annual Loan Cost Rates" calculated in accordance with § 226.33 of Regulation Z ( 12 CFR 226.33 ) of the Federal Truth in Lending Act, 15 USC § 1601 et seq. applicable under various loan terms and appreciation rates and interest rates applicable at sample ages of borrowers; (5) Standard closing costs; (6) All service fees to be charged during the term of the loan; and (7) Other information required by the commissioner. (b) Within ten (10) business days after application is made by a borrower, but not less than twenty (20) business days before closing of the loan, lenders shall provide applicants with the same information required in subsection (a), shall inform applicants that reverse mortgage counseling is required before the loan can be closed, and shall provide the names and addresses of counselors listed with HUD or Fannie Mae. Acts 1993, ch. 410, §10; 1997 , ch. 286, § 9.
(a) On forms prescribed by the commissioner, all authorized lenders shall provide all of the following information to the commissioner for dissemination to all counselors who provide counseling to prospective reverse mortgage borrowers: (1) The borrower's rights, obligations, and remedies with respect to the borrower's temporary absence from the home, late payments by the lender, and payment default by the lender; (2) Conditions or events that require the borrower to repay the loan obligation; (3) The right of the borrower to mortgage less than the full value of the home, if permitted by the reverse mortgage loan contract; (4) Either the projected total annual percentage rate, as defined in § 47-30-102 , or a table of projected "Total Annual Loan Cost Rates" calculated in accordance with § 226.33 of Regulation Z ( 12 CFR 226.33 ) of the Federal Truth in Lending Act, 15 USC § 1601 et seq. applicable under various loan terms and appreciation rates and interest rates applicable at sample ages of borrowers; (5) Standard closing costs; (6) All service fees to be charged during the term of the loan; and (7) Other information required by the commissioner.
(1) The borrower's rights, obligations, and remedies with respect to the borrower's temporary absence from the home, late payments by the lender, and payment default by the lender;
(2) Conditions or events that require the borrower to repay the loan obligation;
(3) The right of the borrower to mortgage less than the full value of the home, if permitted by the reverse mortgage loan contract;
(4) Either the projected total annual percentage rate, as defined in § 47-30-102 , or a table of projected "Total Annual Loan Cost Rates" calculated in accordance with § 226.33 of Regulation Z ( 12 CFR 226.33 ) of the Federal Truth in Lending Act, 15 USC § 1601 et seq. applicable under various loan terms and appreciation rates and interest rates applicable at sample ages of borrowers;
(5) Standard closing costs;
(6) All service fees to be charged during the term of the loan; and
(7) Other information required by the commissioner.
(b) Within ten (10) business days after application is made by a borrower, but not less than twenty (20) business days before closing of the loan, lenders shall provide applicants with the same information required in subsection (a), shall inform applicants that reverse mortgage counseling is required before the loan can be closed, and shall provide the names and addresses of counselors listed with HUD or Fannie Mae.
Acts 1993, ch. 410, §10; 1997 , ch. 286, § 9.
Tenn. Code Ann. § 47-2a-532 — TN Code / Title 47 / Chapter 2a / Section 47-2a-532
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) C. DEFAULT BY LESSEE (§§ 47-2A-523 — 47-2A-532) Section 47-2A-532 - Lessor's rights to residual interest
Status: in_force

In addition to any other recovery permitted by this chapter or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee. Acts 1993, ch. 398, § 1.
In addition to any other recovery permitted by this chapter or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-306 — TN Code / Title 47 / Chapter 18 / Section 47-18-306
Duration of agreements
Status: in_force

(a) Unless the buyer is granted a right to cancel the health club agreement as provided in subsection (b), no buyer shall be bound by any health club agreement with a stated initial term greater than thirty-six (36) months. (b) (1) A health club agreement may include a provision or stipulation that provides for a month-to-month continuation of the agreement, either as an initial agreement between the operator and the buyer or as an extension of an agreement beyond a stated term or duration; provided, that the buyer has the right to cancel the continuing portion of the agreement by providing the health club operator thirty (30) days written notice by registered mail of the buyer's intent to cancel the agreement. (2) A buyer shall have until midnight of the seventh business day after the date on which the first service under the health club agreement is available to cancel if the health club agreement is subject to a finance charge. "Business day" for the purposes of this subdivision (b)(2) means any day the health club is open unless the seventh day is a day the health club is not open for business to the buyer; provided, however, that if the health club is closed on the seventh day, the buyer shall have until midnight of the next day the health club is open to cancel the health club agreement. Cancellation is evidenced by the buyer giving written notice of cancellation to the health club at the address of any facility available for use by the buyer under the health club agreement. The buyer shall deliver the notice by personal delivery or by certified mail delivery, return receipt requested. Personal delivery is effective when delivered to the health club or to the health club's address, whichever comes first. Notice of cancellation by certified mail delivery shall be effective upon the date of post marking. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the contract. Acts 1986, ch. 894, § 4; 1989, ch. 460, § 13; 1996, ch. 929, §§ 9, 10; 2008, ch. 926, § 3.
(a) Unless the buyer is granted a right to cancel the health club agreement as provided in subsection (b), no buyer shall be bound by any health club agreement with a stated initial term greater than thirty-six (36) months.
(b) (1) A health club agreement may include a provision or stipulation that provides for a month-to-month continuation of the agreement, either as an initial agreement between the operator and the buyer or as an extension of an agreement beyond a stated term or duration; provided, that the buyer has the right to cancel the continuing portion of the agreement by providing the health club operator thirty (30) days written notice by registered mail of the buyer's intent to cancel the agreement. (2) A buyer shall have until midnight of the seventh business day after the date on which the first service under the health club agreement is available to cancel if the health club agreement is subject to a finance charge. "Business day" for the purposes of this subdivision (b)(2) means any day the health club is open unless the seventh day is a day the health club is not open for business to the buyer; provided, however, that if the health club is closed on the seventh day, the buyer shall have until midnight of the next day the health club is open to cancel the health club agreement. Cancellation is evidenced by the buyer giving written notice of cancellation to the health club at the address of any facility available for use by the buyer under the health club agreement. The buyer shall deliver the notice by personal delivery or by certified mail delivery, return receipt requested. Personal delivery is effective when delivered to the health club or to the health club's address, whichever comes first. Notice of cancellation by certified mail delivery shall be effective upon the date of post marking. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the contract.
(1) A health club agreement may include a provision or stipulation that provides for a month-to-month continuation of the agreement, either as an initial agreement between the operator and the buyer or as an extension of an agreement beyond a stated term or duration; provided, that the buyer has the right to cancel the continuing portion of the agreement by providing the health club operator thirty (30) days written notice by registered mail of the buyer's intent to cancel the agreement.
(2) A buyer shall have until midnight of the seventh business day after the date on which the first service under the health club agreement is available to cancel if the health club agreement is subject to a finance charge. "Business day" for the purposes of this subdivision (b)(2) means any day the health club is open unless the seventh day is a day the health club is not open for business to the buyer; provided, however, that if the health club is closed on the seventh day, the buyer shall have until midnight of the next day the health club is open to cancel the health club agreement. Cancellation is evidenced by the buyer giving written notice of cancellation to the health club at the address of any facility available for use by the buyer under the health club agreement. The buyer shall deliver the notice by personal delivery or by certified mail delivery, return receipt requested. Personal delivery is effective when delivered to the health club or to the health club's address, whichever comes first. Notice of cancellation by certified mail delivery shall be effective upon the date of post marking. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the contract.
Acts 1986, ch. 894, § 4; 1989, ch. 460, § 13; 1996, ch. 929, §§ 9, 10; 2008, ch. 926, § 3.
Tenn. Code Ann. § 47-7-208 — TN Code / Title 47 / Chapter 7 / Section 47-7-208
Altered warehouse receipts
Status: in_force

If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good-faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according to its original tenor. Acts 2008, ch. 814, § 1.
If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good-faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according to its original tenor.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-26-1012 — TN Code / Title 47 / Chapter 26 / Section 47-26-1012
Certificate: required entries
Status: in_force

(a) The certificate, when properly completed and signed, shall be prima facie evidence of the accuracy of the measurements shown. (b) The design of and the information to be furnished on a weight certificate may be prescribed by the commissioner and will include, but not be limited to, the following: (1) The name and license number of the public weighmaster; (2) The kind of commodity weighed, measured, or counted; (3) The name of the owner, agent, or consignee of the commodity; (4) The name of the recipient of the commodity, if applicable; (5) The date the certificate is issued; (6) The consecutive number of the certificate, if applicable; (7) The identification, including the identification number, if any, of the carrier transporting the commodity, and the identification number or license number of the vehicle, if applicable; (8) Other information needed to distinguish or identify the commodity from a like kind; (9) The number of units of the commodity, if applicable; (10) The measure of the commodity, if applicable; (11) The weight of the commodity and the vehicle or container, if applicable, broken down as follows: (A) The gross weight of the commodity and the associated vehicle or container; (B) The tare weight of the unloaded vehicle or container; or (C) Both the gross and tare weight and the resultant net weight of the commodity; and (12) Signature or initials of the public weighmaster who determined the weight, measure or count. Acts 1997, ch. 311, § 2.
(a) The certificate, when properly completed and signed, shall be prima facie evidence of the accuracy of the measurements shown.
(b) The design of and the information to be furnished on a weight certificate may be prescribed by the commissioner and will include, but not be limited to, the following: (1) The name and license number of the public weighmaster; (2) The kind of commodity weighed, measured, or counted; (3) The name of the owner, agent, or consignee of the commodity; (4) The name of the recipient of the commodity, if applicable; (5) The date the certificate is issued; (6) The consecutive number of the certificate, if applicable; (7) The identification, including the identification number, if any, of the carrier transporting the commodity, and the identification number or license number of the vehicle, if applicable; (8) Other information needed to distinguish or identify the commodity from a like kind; (9) The number of units of the commodity, if applicable; (10) The measure of the commodity, if applicable; (11) The weight of the commodity and the vehicle or container, if applicable, broken down as follows: (A) The gross weight of the commodity and the associated vehicle or container; (B) The tare weight of the unloaded vehicle or container; or (C) Both the gross and tare weight and the resultant net weight of the commodity; and (12) Signature or initials of the public weighmaster who determined the weight, measure or count.
(1) The name and license number of the public weighmaster;
(2) The kind of commodity weighed, measured, or counted;
(3) The name of the owner, agent, or consignee of the commodity;
(4) The name of the recipient of the commodity, if applicable;
(5) The date the certificate is issued;
(6) The consecutive number of the certificate, if applicable;
(7) The identification, including the identification number, if any, of the carrier transporting the commodity, and the identification number or license number of the vehicle, if applicable;
(8) Other information needed to distinguish or identify the commodity from a like kind;
(9) The number of units of the commodity, if applicable;
(10) The measure of the commodity, if applicable;
(11) The weight of the commodity and the vehicle or container, if applicable, broken down as follows: (A) The gross weight of the commodity and the associated vehicle or container; (B) The tare weight of the unloaded vehicle or container; or (C) Both the gross and tare weight and the resultant net weight of the commodity; and
(A) The gross weight of the commodity and the associated vehicle or container;
(B) The tare weight of the unloaded vehicle or container; or
(C) Both the gross and tare weight and the resultant net weight of the commodity; and
(12) Signature or initials of the public weighmaster who determined the weight, measure or count.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-2-608 — TN Code / Title 47 / Chapter 2 / Section 47-2-608
Revocation of acceptance in whole or in part
Status: in_force

(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it: (a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances. (2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it. (3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them. Acts 1963, ch. 81, § 1 (2-608).
(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it: (a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances.
(a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances.
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.
Acts 1963, ch. 81, § 1 (2-608).
Tenn. Code Ann. § 47-26-1011 — TN Code / Title 47 / Chapter 26 / Section 47-26-1011
Employment of public weighmasters required
Status: in_force

Every stockyard, slaughterhouse, tobacco warehouse or loose floor, dairy products plant, cotton gin or compress, and agricultural grain or seed buying/receiving station which buys or sells commodities on a bulk basis shall have in its employ one or more public weighmasters. All livestock, tobacco, milk, cream, cotton, and agricultural grains or seeds which are purchased, processed, or sold on a bulk weight basis at the above mentioned establishments shall be weighed only by a public weighmaster. Any individual acting on behalf of such individual or an establishment that charges a fee, commission, or any type of payment to perform public weighing, shall also be licensed under this part. Acts 1997, ch. 311, § 2.
Every stockyard, slaughterhouse, tobacco warehouse or loose floor, dairy products plant, cotton gin or compress, and agricultural grain or seed buying/receiving station which buys or sells commodities on a bulk basis shall have in its employ one or more public weighmasters. All livestock, tobacco, milk, cream, cotton, and agricultural grains or seeds which are purchased, processed, or sold on a bulk weight basis at the above mentioned establishments shall be weighed only by a public weighmaster. Any individual acting on behalf of such individual or an establishment that charges a fee, commission, or any type of payment to perform public weighing, shall also be licensed under this part.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-18-601 — TN Code / Title 47 / Chapter 18 / Section 47-18-601
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Rental-Purchase Agreement Act." Acts 1987, ch. 225, § 2.
This part shall be known and may be cited as the "Tennessee Rental-Purchase Agreement Act."
Acts 1987, ch. 225, § 2.
Tenn. Code Ann. § 47-18-2501 — TN Code / Title 47 / Chapter 18 / Section 47-18-2501
Regulation of unsolicited electronic advertising - Falsification of electronic mail transmission information prohibited - Institution of actions and damages
Status: in_force

(a) No person or entity conducting business in this state shall send by e-mail or cause to be e-mailed, documents consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit unless that person or entity shall establish a toll-free telephone number or return e-mail address that a recipient of the unsolicited e-mailed documents may call to notify the sender not to e-mail the recipient any further unsolicited documents. (b) Upon notification by a recipient of the recipient's request not to receive any further unsolicited e-mailed documents, no person or entity conducting business in this state shall e-mail or cause to be e-mailed, any unsolicited documents to that recipient. (c) A person or entity sending an unsolicited email shall establish a toll-free telephone number or valid sender operated return e-mail address that the recipient of the unsolicited documents may call or e-mail to notify the sender not to e-mail any further unsolicited documents. (d) If e-mail that consists of unsolicited advertising material for the lease, sale, rental, gift offer or other disposition of any realty, goods, services or extension of credit, the subject line of each and every message shall include "ADV:" as the first four (4) characters. If these messages contain information that consists of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, that may only be viewed, purchased, rented, leased, or held in possession by an individual eighteen (18) years of age or older, the subject line of each and every message shall include "ADV:ADLT" as the first eight (8) characters. (e) In the case of unsolicited bulk e-mail, this section shall apply when the unsolicited e-mailed documents are delivered to a Tennessee resident via an electronic mail service provider's service or equipment located in this state. For these purposes, "electronic mail service provider" means any business or organization qualified to do business in this state that provides individuals, corporations, or other entities the ability to send or receive electronic mail through equipment located in this state and that is an intermediary in sending or receiving electronic mail. (f) It is unlawful for any person to sell, give or otherwise distribute or possess with the intent to sell, give or distribute software which: (1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (2) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (3) Is marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information. (g) As used in this section, "e-mail" or "cause to be e-mailed" does not include or refer to the transmission of any documents by the telecommunications utility or Internet service provider to the extent that the telecommunications utility or Internet service provider merely carries that transmission over its network. (h) (1) Any person whose property or person is injured by reason of a violation of any provision of this section may sue therefor and recover for any damages sustained, and the costs of such suit. Without limiting the generality of the term, "damages" includes loss of profits. (2) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the lesser of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this section, or five thousand dollars ($5,000) per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmitted the unsolicited bulk electronic mail over its computer network. (3) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the greater of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this section, or five thousand dollars ($5,000) per day. (4) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. (5) This subsection (h) shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law. (i) This section shall not be construed to restrict or apply to constitutionally protected communications to and from citizens and their elected representatives. (j) This section, or any part of this section, shall become inoperative on and after the date that federal law is enacted that prohibits or otherwise regulates the transmission of unsolicited advertising by electronic mail (e-mail). Acts 1999, ch. 475, § 2; 2003, ch. 15, §§ 2 - 7.
(a) No person or entity conducting business in this state shall send by e-mail or cause to be e-mailed, documents consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit unless that person or entity shall establish a toll-free telephone number or return e-mail address that a recipient of the unsolicited e-mailed documents may call to notify the sender not to e-mail the recipient any further unsolicited documents.
(b) Upon notification by a recipient of the recipient's request not to receive any further unsolicited e-mailed documents, no person or entity conducting business in this state shall e-mail or cause to be e-mailed, any unsolicited documents to that recipient.
(c) A person or entity sending an unsolicited email shall establish a toll-free telephone number or valid sender operated return e-mail address that the recipient of the unsolicited documents may call or e-mail to notify the sender not to e-mail any further unsolicited documents.
(d) If e-mail that consists of unsolicited advertising material for the lease, sale, rental, gift offer or other disposition of any realty, goods, services or extension of credit, the subject line of each and every message shall include "ADV:" as the first four (4) characters. If these messages contain information that consists of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, that may only be viewed, purchased, rented, leased, or held in possession by an individual eighteen (18) years of age or older, the subject line of each and every message shall include "ADV:ADLT" as the first eight (8) characters.
(e) In the case of unsolicited bulk e-mail, this section shall apply when the unsolicited e-mailed documents are delivered to a Tennessee resident via an electronic mail service provider's service or equipment located in this state. For these purposes, "electronic mail service provider" means any business or organization qualified to do business in this state that provides individuals, corporations, or other entities the ability to send or receive electronic mail through equipment located in this state and that is an intermediary in sending or receiving electronic mail.
(f) It is unlawful for any person to sell, give or otherwise distribute or possess with the intent to sell, give or distribute software which: (1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (2) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (3) Is marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
(2) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
(3) Is marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(g) As used in this section, "e-mail" or "cause to be e-mailed" does not include or refer to the transmission of any documents by the telecommunications utility or Internet service provider to the extent that the telecommunications utility or Internet service provider merely carries that transmission over its network.
(h) (1) Any person whose property or person is injured by reason of a violation of any provision of this section may sue therefor and recover for any damages sustained, and the costs of such suit. Without limiting the generality of the term, "damages" includes loss of profits. (2) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the lesser of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this section, or five thousand dollars ($5,000) per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmitted the unsolicited bulk electronic mail over its computer network. (3) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the greater of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this section, or five thousand dollars ($5,000) per day. (4) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. (5) This subsection (h) shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
(1) Any person whose property or person is injured by reason of a violation of any provision of this section may sue therefor and recover for any damages sustained, and the costs of such suit. Without limiting the generality of the term, "damages" includes loss of profits.
(2) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the lesser of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this section, or five thousand dollars ($5,000) per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmitted the unsolicited bulk electronic mail over its computer network.
(3) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the greater of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this section, or five thousand dollars ($5,000) per day.
(4) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.
(5) This subsection (h) shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
(i) This section shall not be construed to restrict or apply to constitutionally protected communications to and from citizens and their elected representatives.
(j) This section, or any part of this section, shall become inoperative on and after the date that federal law is enacted that prohibits or otherwise regulates the transmission of unsolicited advertising by electronic mail (e-mail).
Acts 1999, ch. 475, § 2; 2003, ch. 15, §§ 2 - 7.
Tenn. Code Ann. § 47-18-2305 — TN Code / Title 47 / Chapter 18 / Section 47-18-2305
Private action for injunctive relief and damages
Status: in_force

(a) Except as provided in subsection (d), any person who is aggrieved by a violation of § 47-18-2302(a) may bring an action to enjoin further violations and for the recovery of the person's actual damages and actual expenses incurred, including court costs and attorney's fees, against any person who is responsible for or knowingly participated in the violation. The injunctive relief available under this subsection (a) is in addition to any damages to which a person may be entitled. (b) If the court finds that the violation of § 47-18-2302(a) was an intentional violation, or that the defendant has engaged in a pattern and practice of violations, the court may award three (3) times the actual damages sustained. (c) The action may be brought in the chancery or circuit court of Davidson County or in a court of competent jurisdiction where the alleged violation of § 47-18-2302(a) took place. (d) A person does not have a cause of action against a provider for a violation of § 47-18-2302(a) unless the violation resulted from the provider's gross negligence or intentional wrongdoing. Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
(a) Except as provided in subsection (d), any person who is aggrieved by a violation of § 47-18-2302(a) may bring an action to enjoin further violations and for the recovery of the person's actual damages and actual expenses incurred, including court costs and attorney's fees, against any person who is responsible for or knowingly participated in the violation. The injunctive relief available under this subsection (a) is in addition to any damages to which a person may be entitled.
(b) If the court finds that the violation of § 47-18-2302(a) was an intentional violation, or that the defendant has engaged in a pattern and practice of violations, the court may award three (3) times the actual damages sustained.
(c) The action may be brought in the chancery or circuit court of Davidson County or in a court of competent jurisdiction where the alleged violation of § 47-18-2302(a) took place.
(d) A person does not have a cause of action against a provider for a violation of § 47-18-2302(a) unless the violation resulted from the provider's gross negligence or intentional wrongdoing.
Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 47-9-627 — TN Code / Title 47 / Chapter 9 / Section 47-9-627
Determination of whether conduct was commercially reasonable
Status: in_force

(a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner. (b) Dispositions that are commercially reasonable. A disposition of collateral is made in a commercially reasonable manner if the disposition is made: (1) in the usual manner on any recognized market; (2) at the price current in any recognized market at the time of the disposition; or (3) otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition. (c) Approval by court or on behalf of creditors. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved: (1) in a judicial proceeding; (2) by a bona fide creditors' committee; (3) by a representative of creditors; or (4) by an assignee for the benefit of creditors. (d) Approval under subsection (c) not necessary; absence of approval has no effect. Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable. Acts 2000, ch. 846, § 1.
(a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.
(b) Dispositions that are commercially reasonable. A disposition of collateral is made in a commercially reasonable manner if the disposition is made: (1) in the usual manner on any recognized market; (2) at the price current in any recognized market at the time of the disposition; or (3) otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.
(1) in the usual manner on any recognized market;
(2) at the price current in any recognized market at the time of the disposition; or
(3) otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.
(c) Approval by court or on behalf of creditors. A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved: (1) in a judicial proceeding; (2) by a bona fide creditors' committee; (3) by a representative of creditors; or (4) by an assignee for the benefit of creditors.
(1) in a judicial proceeding;
(2) by a bona fide creditors' committee;
(3) by a representative of creditors; or
(4) by an assignee for the benefit of creditors.
(d) Approval under subsection (c) not necessary; absence of approval has no effect. Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-25-108 — TN Code / Title 47 / Chapter 25 / Section 47-25-108
Nonexclusivity
Status: in_force

Conduct may be actionable as a violation of § 47-25-101 or § 47-25-102 and also constitute unfair or deceptive acts or practices actionable under the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title; provided, that the court shall exclude from an award of monetary relief under this part amounts that duplicate relief obtained for the same injuries. Amended by 2024 Tenn. Acts, ch. 776,s 9, eff. 4/23/2024. Acts 1891, ch. 218, § 5; Shan., § 3189; Code 1932, § 5885; T.C.A. (orig. ed.), § 69-108.
Conduct may be actionable as a violation of § 47-25-101 or § 47-25-102 and also constitute unfair or deceptive acts or practices actionable under the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title; provided, that the court shall exclude from an award of monetary relief under this part amounts that duplicate relief obtained for the same injuries.
Amended by 2024 Tenn. Acts, ch. 776,s 9, eff. 4/23/2024.
Acts 1891, ch. 218, § 5; Shan., § 3189; Code 1932, § 5885; T.C.A. (orig. ed.), § 69-108.
Tenn. Code Ann. § 47-25-1904 — TN Code / Title 47 / Chapter 25 / Section 47-25-1904
Retailer's right to have inventory repurchased
Status: in_force

Whenever any dealer enters into a retail agreement with a supplier, evidenced by a written or oral contract, in which the dealer agrees to maintain an inventory of motorcycles, off-road vehicles, and attachments, inventory of parts and to provide service thereon, and the contract is terminated, then the supplier shall repurchase the inventory as provided in § 47-25-1906 . The dealer may keep the inventory if the dealer desires. If the dealer has any outstanding debts to the supplier, then the repurchase amount may be set off or credited to the dealer's account. Acts 2007, ch. 188, § 5.
Whenever any dealer enters into a retail agreement with a supplier, evidenced by a written or oral contract, in which the dealer agrees to maintain an inventory of motorcycles, off-road vehicles, and attachments, inventory of parts and to provide service thereon, and the contract is terminated, then the supplier shall repurchase the inventory as provided in § 47-25-1906 . The dealer may keep the inventory if the dealer desires. If the dealer has any outstanding debts to the supplier, then the repurchase amount may be set off or credited to the dealer's account.
Acts 2007, ch. 188, § 5.
Tenn. Code Ann. § 47-25-513 — TN Code / Title 47 / Chapter 25 / Section 47-25-513
Determining if mark is distinctive and famous - Remedies
Status: in_force

(a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors including, but not limited to: (1) The degree of inherent or acquired distinctiveness of the mark in this state; (2) The duration and extent of use of the mark in connection with the goods and services with which the mark is used; (3) The duration and extent of advertising and publicity of the mark in this state; (4) The geographical extent of the trading area in which the mark is used; (5) The channels of trade for the goods or services with which the mark is used; (6) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought; (7) The nature and extent of use of the same or similar mark by third parties; and (8) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register. (b) In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity. (c) The following shall not be actionable under this section: (1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark; (2) Noncommercial use of the mark; or (3) All forms of news reporting and news commentary. Acts 1982, ch. 698, § 13; T.C.A., §§ 69-541, 47-25-433, 47-25-512; Acts 2000, ch. 671, § 1.
(a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors including, but not limited to: (1) The degree of inherent or acquired distinctiveness of the mark in this state; (2) The duration and extent of use of the mark in connection with the goods and services with which the mark is used; (3) The duration and extent of advertising and publicity of the mark in this state; (4) The geographical extent of the trading area in which the mark is used; (5) The channels of trade for the goods or services with which the mark is used; (6) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought; (7) The nature and extent of use of the same or similar mark by third parties; and (8) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register.
(1) The degree of inherent or acquired distinctiveness of the mark in this state;
(2) The duration and extent of use of the mark in connection with the goods and services with which the mark is used;
(3) The duration and extent of advertising and publicity of the mark in this state;
(4) The geographical extent of the trading area in which the mark is used;
(5) The channels of trade for the goods or services with which the mark is used;
(6) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought;
(7) The nature and extent of use of the same or similar mark by third parties; and
(8) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register.
(b) In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.
(c) The following shall not be actionable under this section: (1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark; (2) Noncommercial use of the mark; or (3) All forms of news reporting and news commentary.
(1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark;
(2) Noncommercial use of the mark; or
(3) All forms of news reporting and news commentary.
Acts 1982, ch. 698, § 13; T.C.A., §§ 69-541, 47-25-433, 47-25-512; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-10-202 — TN Code / Title 47 / Chapter 10 / Section 47-10-202
Cryptographic signature - Electronic records and forms
Status: in_force

(a) A cryptographic signature that is generated and stored through distributed ledger technology is considered to be in an electronic form and to be an electronic signature. (b) A record or contract that is secured through distributed ledger technology is considered to be in an electronic form and to be an electronic record. (c) Smart contracts may exist in commerce. No contract relating to a transaction shall be denied legal effect, validity, or enforceability solely because that contract is executed through a smart contract. (d) Notwithstanding any other law, a person that, in or affecting interstate or foreign commerce, uses distributed ledger technology to secure information that the person owns or has the right to use retains the same rights of ownership or use with respect to that information as before the person secured the information using distributed ledger technology. This subsection (d) does not apply to the use of distributed ledger technology to secure information in connection with a transaction to the extent that the terms of the transaction expressly provide for the transfer of rights of ownership or use with respect to that information. (e) No implication is made by, and no inference may be drawn from, the enactment of this part as to whether technologies not defined in § 47-10-201 that secure signatures, records, or contracts are considered to be in an electronic form or to be an electronic signature or electronic record, as applicable. Acts 2018, ch. 591, § 1.
(a) A cryptographic signature that is generated and stored through distributed ledger technology is considered to be in an electronic form and to be an electronic signature.
(b) A record or contract that is secured through distributed ledger technology is considered to be in an electronic form and to be an electronic record.
(c) Smart contracts may exist in commerce. No contract relating to a transaction shall be denied legal effect, validity, or enforceability solely because that contract is executed through a smart contract.
(d) Notwithstanding any other law, a person that, in or affecting interstate or foreign commerce, uses distributed ledger technology to secure information that the person owns or has the right to use retains the same rights of ownership or use with respect to that information as before the person secured the information using distributed ledger technology. This subsection (d) does not apply to the use of distributed ledger technology to secure information in connection with a transaction to the extent that the terms of the transaction expressly provide for the transfer of rights of ownership or use with respect to that information.
(e) No implication is made by, and no inference may be drawn from, the enactment of this part as to whether technologies not defined in § 47-10-201 that secure signatures, records, or contracts are considered to be in an electronic form or to be an electronic signature or electronic record, as applicable.
Acts 2018, ch. 591, § 1.
Tenn. Code Ann. § 47-26-1101 — TN Code / Title 47 / Chapter 26 / Section 47-26-1101
Short title
Status: in_force

This part may be cited as "Serviceperson Registration." Acts 1997, ch. 311, § 3.
This part may be cited as "Serviceperson Registration."
Acts 1997, ch. 311, § 3.