Tenn. Code Ann. § 47-3-419 — TN Code / Title 47 / Chapter 3 / Section 47-3-419
Instruments signed for accommodation
Status: in_force

(a) If an instrument is issued for value given for the benefit of a party to the instrument ("accommodated party") and another party to the instrument ("accommodation party") signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party "for accommodation." (b) An accommodation party may sign the instrument as maker, drawer, acceptor, or endorser and, subject to subsection (d), is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation. (c) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous endorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in § 47-3-605 , the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation. (d) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if (i) execution of judgment against the other party has been returned unsatisfied, (ii) the other party is insolvent or in an insolvency proceeding, (iii) the other party cannot be served with process, or (iv) it is otherwise apparent that payment cannot be obtained from the other party. (e) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party. Acts 1995, ch. 397, § 2.
(a) If an instrument is issued for value given for the benefit of a party to the instrument ("accommodated party") and another party to the instrument ("accommodation party") signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party "for accommodation."
(b) An accommodation party may sign the instrument as maker, drawer, acceptor, or endorser and, subject to subsection (d), is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation.
(c) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous endorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in § 47-3-605 , the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.
(d) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if (i) execution of judgment against the other party has been returned unsatisfied, (ii) the other party is insolvent or in an insolvency proceeding, (iii) the other party cannot be served with process, or (iv) it is otherwise apparent that payment cannot be obtained from the other party.
(e) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-127 — TN Code / Title 47 / Chapter 18 / Section 47-18-127
Gift certificates
Status: in_force

(a) Subject to subsection (d), no person or entity shall sell a gift certificate to a purchaser containing an expiration date that is less than two (2) years after the date the gift certificate is issued or shall charge a fee for the issuance of a gift certificate. (b) No person or entity, within two (2) years after a gift certificate is issued, shall charge service charges or fees relative to the gift certificate, including dormancy fees, latency fees, or administrative fees that have the effect of reducing the total amount for which the holder of the gift certificate may redeem the gift certificate. (c) A gift certificate or prepaid card, as defined in subsection (e), sold without an expiration date is valid until redeemed or replaced with a new gift certificate or prepaid card. (d) Subsections (a) and (b) shall not apply to a gift certificate that is: (1) Distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or anything of value being given in exchange for the gift certificate by the consumer; (2) Sold below face value at a volume discount to employers or given or sold below face value to nonprofit or charitable organizations for fundraising purposes; (3) Sold by a nonprofit or charitable organization for fundraising purposes; (4) Given to an employee by an employer, if use of the gift certificate is limited to the employer's business establishment, which may include a group of merchants that are affiliated with the business establishment; or (5) Issued by an employer to an employee in recognition of services performed by the employee. (e) A gift certificate does not include a prepaid calling card used to make telephone calls or a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both. Acts 2006, ch. 622, § 1; 2006, ch. 929, § 1; 2009, ch. 277, §§ 1 - 3.
(a) Subject to subsection (d), no person or entity shall sell a gift certificate to a purchaser containing an expiration date that is less than two (2) years after the date the gift certificate is issued or shall charge a fee for the issuance of a gift certificate.
(b) No person or entity, within two (2) years after a gift certificate is issued, shall charge service charges or fees relative to the gift certificate, including dormancy fees, latency fees, or administrative fees that have the effect of reducing the total amount for which the holder of the gift certificate may redeem the gift certificate.
(c) A gift certificate or prepaid card, as defined in subsection (e), sold without an expiration date is valid until redeemed or replaced with a new gift certificate or prepaid card.
(d) Subsections (a) and (b) shall not apply to a gift certificate that is: (1) Distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or anything of value being given in exchange for the gift certificate by the consumer; (2) Sold below face value at a volume discount to employers or given or sold below face value to nonprofit or charitable organizations for fundraising purposes; (3) Sold by a nonprofit or charitable organization for fundraising purposes; (4) Given to an employee by an employer, if use of the gift certificate is limited to the employer's business establishment, which may include a group of merchants that are affiliated with the business establishment; or (5) Issued by an employer to an employee in recognition of services performed by the employee.
(1) Distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or anything of value being given in exchange for the gift certificate by the consumer;
(2) Sold below face value at a volume discount to employers or given or sold below face value to nonprofit or charitable organizations for fundraising purposes;
(3) Sold by a nonprofit or charitable organization for fundraising purposes;
(4) Given to an employee by an employer, if use of the gift certificate is limited to the employer's business establishment, which may include a group of merchants that are affiliated with the business establishment; or
(5) Issued by an employer to an employee in recognition of services performed by the employee.
(e) A gift certificate does not include a prepaid calling card used to make telephone calls or a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both.
Acts 2006, ch. 622, § 1; 2006, ch. 929, § 1; 2009, ch. 277, §§ 1 - 3.
Tenn. Code Ann. § 47-3-310 — TN Code / Title 47 / Chapter 3 / Section 47-3-310
Effect of instrument on obligation for which taken
Status: in_force

(a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an endorser of the instrument. (b) Unless otherwise agreed and except as provided in subsection (a), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply: (1) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check. (2) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment. (3) Except as provided in paragraph (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation. (4) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument. (c) If an instrument other than one described in subsection (a) or (b) is taken for an obligation, the effect is (i) that stated in subsection (a) if the instrument is one on which a bank is liable as maker or acceptor, or (ii) that stated in subsection (b) in any other case. Acts 1995, ch. 397, § 2.
(a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an endorser of the instrument.
(b) Unless otherwise agreed and except as provided in subsection (a), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply: (1) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check. (2) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment. (3) Except as provided in paragraph (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation. (4) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument.
(1) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.
(2) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.
(3) Except as provided in paragraph (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.
(4) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument.
(c) If an instrument other than one described in subsection (a) or (b) is taken for an obligation, the effect is (i) that stated in subsection (a) if the instrument is one on which a bank is liable as maker or acceptor, or (ii) that stated in subsection (b) in any other case.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-25-503 — TN Code / Title 47 / Chapter 25 / Section 47-25-503
Application for registration
Status: in_force

(a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information: (1) The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary; (2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall; (3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest; and (4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive. (b) The secretary may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor. (c) The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application. (d) The application shall be signed and verified (by oath, affirmation or declaration subject to perjury laws) by the applicant or by a member of the firm or an officer of the corporation or association applying. (e) The application shall be accompanied by one (1) specimen showing the mark as actually used and shall be accompanied by the application fee payable to the secretary. Amended by 2013 Tenn. Acts, ch. 123,s 1, eff. 7/1/2013. Acts 1982, ch. 698, § 4; T.C.A., §§ 69-532, 47-25-424; Acts 2000, ch. 671, § 1.
(a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information: (1) The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary; (2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall; (3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest; and (4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive.
(1) The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary;
(2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;
(3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest; and
(4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive.
(b) The secretary may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.
(c) The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application.
(d) The application shall be signed and verified (by oath, affirmation or declaration subject to perjury laws) by the applicant or by a member of the firm or an officer of the corporation or association applying.
(e) The application shall be accompanied by one (1) specimen showing the mark as actually used and shall be accompanied by the application fee payable to the secretary.
Amended by 2013 Tenn. Acts, ch. 123,s 1, eff. 7/1/2013.
Acts 1982, ch. 698, § 4; T.C.A., §§ 69-532, 47-25-424; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-26-918 — TN Code / Title 47 / Chapter 26 / Section 47-26-918
Misleading packaging prohibited - Standard of fill
Status: in_force

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed by the commodity in question by the commissioner. Acts 1997, ch. 311, § 1.
No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed by the commodity in question by the commissioner.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-18-2204 — TN Code / Title 47 / Chapter 18 / Section 47-18-2204
Disclosure by seller or service provider of personally identifiable information concerning consumers
Status: in_force

(a) A video tape seller or service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in § 47-18-2205 . (b) (1) A video tape seller or service provider shall disclose personally identifiable information concerning any consumer: (A) To a grand jury pursuant to a grand jury subpoena; (B) Pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, or in a criminal proceeding upon a showing of legitimate need for the information that cannot be accommodated by any other means, if: (i) The consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; (ii) The consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure; and (iii) The court imposes appropriate safeguards against unauthorized disclosure; (C) To a law enforcement agency pursuant to a warrant lawfully obtained under the laws of this state or the United States; or (D) To a court pursuant to a civil action commenced by the video tape seller or service provider or to enforce collection of fines for overdue or unreturned video tapes, and then only to the extent necessary to establish the fact of the rental. Notwithstanding the foregoing, a court shall impose appropriate safeguards against unauthorized disclosure. (2) In addition, if the consumer is a minor under eighteen (18) years of age, a video tape seller or service provider shall disclose to the minor's parent or legal guardian personally identifiable information concerning the minor upon receiving a request from the parent or legal guardian for such information. (c) A video tape service seller or provider may disclose personally identifiable information concerning any consumer to: (1) The consumer; (2) Any person with the informed, written consent of the consumer; or (3) Any person if the disclosure is incidental to the ordinary course of business of the video tape service provider or seller; and (4) Any person if the disclosure is for the exclusive use of marketing goods and services directly to the consumer, and the video tape service seller or provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure. (d) Personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial, hearing, arbitration, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee or other authority of the state or any political subdivision thereof. (e) A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one (1) year from the date the information is no longer necessary for the purpose for which it was collected unless a request or order for access to such information under this part is pending. Acts 1999, ch. 342, § 5.
(a) A video tape seller or service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in § 47-18-2205 .
(b) (1) A video tape seller or service provider shall disclose personally identifiable information concerning any consumer: (A) To a grand jury pursuant to a grand jury subpoena; (B) Pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, or in a criminal proceeding upon a showing of legitimate need for the information that cannot be accommodated by any other means, if: (i) The consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; (ii) The consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure; and (iii) The court imposes appropriate safeguards against unauthorized disclosure; (C) To a law enforcement agency pursuant to a warrant lawfully obtained under the laws of this state or the United States; or (D) To a court pursuant to a civil action commenced by the video tape seller or service provider or to enforce collection of fines for overdue or unreturned video tapes, and then only to the extent necessary to establish the fact of the rental. Notwithstanding the foregoing, a court shall impose appropriate safeguards against unauthorized disclosure. (2) In addition, if the consumer is a minor under eighteen (18) years of age, a video tape seller or service provider shall disclose to the minor's parent or legal guardian personally identifiable information concerning the minor upon receiving a request from the parent or legal guardian for such information.
(1) A video tape seller or service provider shall disclose personally identifiable information concerning any consumer: (A) To a grand jury pursuant to a grand jury subpoena; (B) Pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, or in a criminal proceeding upon a showing of legitimate need for the information that cannot be accommodated by any other means, if: (i) The consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; (ii) The consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure; and (iii) The court imposes appropriate safeguards against unauthorized disclosure; (C) To a law enforcement agency pursuant to a warrant lawfully obtained under the laws of this state or the United States; or (D) To a court pursuant to a civil action commenced by the video tape seller or service provider or to enforce collection of fines for overdue or unreturned video tapes, and then only to the extent necessary to establish the fact of the rental. Notwithstanding the foregoing, a court shall impose appropriate safeguards against unauthorized disclosure.
(A) To a grand jury pursuant to a grand jury subpoena;
(B) Pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, or in a criminal proceeding upon a showing of legitimate need for the information that cannot be accommodated by any other means, if: (i) The consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; (ii) The consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure; and (iii) The court imposes appropriate safeguards against unauthorized disclosure;
(i) The consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order;
(ii) The consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure; and
(iii) The court imposes appropriate safeguards against unauthorized disclosure;
(C) To a law enforcement agency pursuant to a warrant lawfully obtained under the laws of this state or the United States; or
(D) To a court pursuant to a civil action commenced by the video tape seller or service provider or to enforce collection of fines for overdue or unreturned video tapes, and then only to the extent necessary to establish the fact of the rental. Notwithstanding the foregoing, a court shall impose appropriate safeguards against unauthorized disclosure.
(2) In addition, if the consumer is a minor under eighteen (18) years of age, a video tape seller or service provider shall disclose to the minor's parent or legal guardian personally identifiable information concerning the minor upon receiving a request from the parent or legal guardian for such information.
(c) A video tape service seller or provider may disclose personally identifiable information concerning any consumer to: (1) The consumer; (2) Any person with the informed, written consent of the consumer; or (3) Any person if the disclosure is incidental to the ordinary course of business of the video tape service provider or seller; and (4) Any person if the disclosure is for the exclusive use of marketing goods and services directly to the consumer, and the video tape service seller or provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure.
(1) The consumer;
(2) Any person with the informed, written consent of the consumer; or
(3) Any person if the disclosure is incidental to the ordinary course of business of the video tape service provider or seller; and
(4) Any person if the disclosure is for the exclusive use of marketing goods and services directly to the consumer, and the video tape service seller or provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure.
(d) Personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial, hearing, arbitration, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee or other authority of the state or any political subdivision thereof.
(e) A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one (1) year from the date the information is no longer necessary for the purpose for which it was collected unless a request or order for access to such information under this part is pending.
Acts 1999, ch. 342, § 5.
Tenn. Code Ann. § 47-18-404 — TN Code / Title 47 / Chapter 18 / Section 47-18-404
Persons subject to part to disclose name, address and telephone number on website - Issuance of subpoena to suspected violators
Status: in_force

(a) It shall be unlawful for any person who is subject to this part under § 47-18-403 to fail to clearly and conspicuously disclose their true and correct name, physical address, and telephone number on their website or online service in a location readily accessible to users of, or visitors to, the website or online service. (b) (1) If the attorney general cannot, after reasonable investigation, ascertain the information that is required by subsection (a), the attorney general, or a district attorney general of a county in which or from which a violation of subsection (a) is suspected to have been made, at the request of the attorney general, and upon reasonable cause, may issue in writing and cause to be served one (1) or more subpoenas requiring the production of the suspected violator's legal name under which such person conducts business, and the person's physical address and telephone number. (2) A party shall not disclose any information pursuant to a subpoena other than the suspected violator's legal name under which such person conducts business, and the person's physical address and telephone number. (3) At any time before the return date specified on the subpoena, the person summoned may, in the chancery court of the county in which the person resides or does business, petition for an order modifying or quashing the subpoena, or a prohibition of disclosure by a court. (4) If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the attorney general or district attorney general shall either destroy the records and documentation or return them to the person who produced them. (5) A subpoena issued under this section may be served by any person who is authorized to serve process under the Tennessee Rules of Civil Procedure and such subpoena shall be served in accordance with such rules. Amended by 2019 Tenn. Acts, ch. 459,s 20, eff. 9/30/2019. Acts 2014, ch. 595, § 1.
(a) It shall be unlawful for any person who is subject to this part under § 47-18-403 to fail to clearly and conspicuously disclose their true and correct name, physical address, and telephone number on their website or online service in a location readily accessible to users of, or visitors to, the website or online service.
(b) (1) If the attorney general cannot, after reasonable investigation, ascertain the information that is required by subsection (a), the attorney general, or a district attorney general of a county in which or from which a violation of subsection (a) is suspected to have been made, at the request of the attorney general, and upon reasonable cause, may issue in writing and cause to be served one (1) or more subpoenas requiring the production of the suspected violator's legal name under which such person conducts business, and the person's physical address and telephone number. (2) A party shall not disclose any information pursuant to a subpoena other than the suspected violator's legal name under which such person conducts business, and the person's physical address and telephone number. (3) At any time before the return date specified on the subpoena, the person summoned may, in the chancery court of the county in which the person resides or does business, petition for an order modifying or quashing the subpoena, or a prohibition of disclosure by a court. (4) If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the attorney general or district attorney general shall either destroy the records and documentation or return them to the person who produced them. (5) A subpoena issued under this section may be served by any person who is authorized to serve process under the Tennessee Rules of Civil Procedure and such subpoena shall be served in accordance with such rules.
(1) If the attorney general cannot, after reasonable investigation, ascertain the information that is required by subsection (a), the attorney general, or a district attorney general of a county in which or from which a violation of subsection (a) is suspected to have been made, at the request of the attorney general, and upon reasonable cause, may issue in writing and cause to be served one (1) or more subpoenas requiring the production of the suspected violator's legal name under which such person conducts business, and the person's physical address and telephone number.
(2) A party shall not disclose any information pursuant to a subpoena other than the suspected violator's legal name under which such person conducts business, and the person's physical address and telephone number.
(3) At any time before the return date specified on the subpoena, the person summoned may, in the chancery court of the county in which the person resides or does business, petition for an order modifying or quashing the subpoena, or a prohibition of disclosure by a court.
(4) If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the attorney general or district attorney general shall either destroy the records and documentation or return them to the person who produced them.
(5) A subpoena issued under this section may be served by any person who is authorized to serve process under the Tennessee Rules of Civil Procedure and such subpoena shall be served in accordance with such rules.
Amended by 2019 Tenn. Acts, ch. 459,s 20, eff. 9/30/2019.
Acts 2014, ch. 595, § 1.
Tenn. Code Ann. § 47-7-105 — TN Code / Title 47 / Chapter 7 / Section 47-7-105
Reissuance in alternative medium
Status: in_force

(a) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if: (1) The person entitled under the electronic document surrenders control of the document to the issuer; and (2) The tangible document when issued contains a statement that it is issued in substitution for the electronic document. (b) Upon issuance of a tangible document of title in substitution for an electronic document of title in accordance with subsection (a): (1) The electronic document ceases to have any effect or validity; and (2) The person that procured issuance of the tangible document warrants to all subsequent persons entitled under the tangible document that the warrantor was a person entitled under the electronic document when the warrantor surrendered control of the electronic document to the issuer. (c) Upon request of a person entitled under a tangible document of title, the issuer of the tangible document may issue an electronic document of title as a substitute for the tangible document if: (1) The person entitled under the tangible document surrenders possession of the document to the issuer; and (2) The electronic document when issued contains a statement that it is issued in substitution for the tangible document. (d) Upon issuance of an electronic document of title in substitution for a tangible document of title in accordance with subsection (c): (1) The tangible document ceases to have any effect or validity; and (2) The person that procured issuance of the electronic document warrants to all subsequent persons entitled under the electronic document that the warrantor was a person entitled under the tangible document when the warrantor surrendered possession of the tangible document to the issuer. Acts 2008, ch. 814, § 1.
(a) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if: (1) The person entitled under the electronic document surrenders control of the document to the issuer; and (2) The tangible document when issued contains a statement that it is issued in substitution for the electronic document.
(1) The person entitled under the electronic document surrenders control of the document to the issuer; and
(2) The tangible document when issued contains a statement that it is issued in substitution for the electronic document.
(b) Upon issuance of a tangible document of title in substitution for an electronic document of title in accordance with subsection (a): (1) The electronic document ceases to have any effect or validity; and (2) The person that procured issuance of the tangible document warrants to all subsequent persons entitled under the tangible document that the warrantor was a person entitled under the electronic document when the warrantor surrendered control of the electronic document to the issuer.
(1) The electronic document ceases to have any effect or validity; and
(2) The person that procured issuance of the tangible document warrants to all subsequent persons entitled under the tangible document that the warrantor was a person entitled under the electronic document when the warrantor surrendered control of the electronic document to the issuer.
(c) Upon request of a person entitled under a tangible document of title, the issuer of the tangible document may issue an electronic document of title as a substitute for the tangible document if: (1) The person entitled under the tangible document surrenders possession of the document to the issuer; and (2) The electronic document when issued contains a statement that it is issued in substitution for the tangible document.
(1) The person entitled under the tangible document surrenders possession of the document to the issuer; and
(2) The electronic document when issued contains a statement that it is issued in substitution for the tangible document.
(d) Upon issuance of an electronic document of title in substitution for a tangible document of title in accordance with subsection (c): (1) The tangible document ceases to have any effect or validity; and (2) The person that procured issuance of the electronic document warrants to all subsequent persons entitled under the electronic document that the warrantor was a person entitled under the tangible document when the warrantor surrendered possession of the tangible document to the issuer.
(1) The tangible document ceases to have any effect or validity; and
(2) The person that procured issuance of the electronic document warrants to all subsequent persons entitled under the electronic document that the warrantor was a person entitled under the tangible document when the warrantor surrendered possession of the tangible document to the issuer.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-1305 — TN Code / Title 47 / Chapter 18 / Section 47-18-1305
Inspections and testing
Status: in_force

(a) (1) The commissioner shall implement and administer an inspection and testing program to enforce compliance with § 47-18-1304 . The commissioner is authorized to contract for the performance of all, or any portion of, required on-site inspections, sample collection, sample transportation and sample testing. (2) The test results of kerosene and motor fuel analyses shall constitute open records and shall be available for public inspection at the commissioner's office during regular business hours. (3) At the request of any person, the department may test samples collected and delivered by the person to the department. No such test shall interfere with the testing of samples collected pursuant to subdivision (a)(1). Such tests shall be performed only after payment of a fee determined by the commissioner to be sufficient to reimburse the department for its cost in performing such tests. (b) (1) The department shall, at least once each year, inspect and collect at least one (1) sample for testing from each location from which a person conveys kerosene or motor fuel for consumption in Tennessee. Subject to availability of resources, the department may inspect any such location more frequently than once each year and may test a greater number of samples. If transactions occurring at a particular location total an average of less than three hundred (300) gallons per month, then annual inspection and testing of the location shall not be required. (2) When, in the discretion of the commissioner, promotion or protection of the public health, safety, or welfare so necessitates, inspection and testing in addition to the requirements of subdivision (b)(1) shall be performed with regard to: (A) A person or business location which has been previously found by the department to be in violation of § 47-18-1304 ; and (B) Any person or business location which refines, blends, stores, transports, or distributes kerosene or motor fuel to or for the person or business location referred to in subdivision (b)(2)(A). (3) Upon receiving a consumer complaint alleging a violation of § 47-18-1304 , which, in the discretion of the commissioner, indicates that the public health, safety or welfare may be threatened, inspection and testing in addition to that required by subdivision (b)(1) shall be performed with regard to: (A) The person or business location which is the subject of the complaint; and (B) Any person or business location which refines, blends, stores, transports, or distributes kerosene or motor fuel to or for the person or business location referred to in subdivision (b)(3)(A). (4) The commissioner shall maintain a toll-free telephone line for the purpose of encouraging and receiving consumer complaints pertaining to kerosene and motor fuel quality. The commissioner shall undertake such actions and activities as may be necessary to inform and periodically remind consumers of the existence and purpose of the toll-free telephone number. A log of consumer complaints pertaining to kerosene and motor fuel quality shall be maintained at the commissioner's office. The log shall constitute an open record and shall be available for public inspection during regular business hours. Acts 1989, ch. 397, § 5.
(a) (1) The commissioner shall implement and administer an inspection and testing program to enforce compliance with § 47-18-1304 . The commissioner is authorized to contract for the performance of all, or any portion of, required on-site inspections, sample collection, sample transportation and sample testing. (2) The test results of kerosene and motor fuel analyses shall constitute open records and shall be available for public inspection at the commissioner's office during regular business hours. (3) At the request of any person, the department may test samples collected and delivered by the person to the department. No such test shall interfere with the testing of samples collected pursuant to subdivision (a)(1). Such tests shall be performed only after payment of a fee determined by the commissioner to be sufficient to reimburse the department for its cost in performing such tests.
(1) The commissioner shall implement and administer an inspection and testing program to enforce compliance with § 47-18-1304 . The commissioner is authorized to contract for the performance of all, or any portion of, required on-site inspections, sample collection, sample transportation and sample testing.
(2) The test results of kerosene and motor fuel analyses shall constitute open records and shall be available for public inspection at the commissioner's office during regular business hours.
(3) At the request of any person, the department may test samples collected and delivered by the person to the department. No such test shall interfere with the testing of samples collected pursuant to subdivision (a)(1). Such tests shall be performed only after payment of a fee determined by the commissioner to be sufficient to reimburse the department for its cost in performing such tests.
(b) (1) The department shall, at least once each year, inspect and collect at least one (1) sample for testing from each location from which a person conveys kerosene or motor fuel for consumption in Tennessee. Subject to availability of resources, the department may inspect any such location more frequently than once each year and may test a greater number of samples. If transactions occurring at a particular location total an average of less than three hundred (300) gallons per month, then annual inspection and testing of the location shall not be required. (2) When, in the discretion of the commissioner, promotion or protection of the public health, safety, or welfare so necessitates, inspection and testing in addition to the requirements of subdivision (b)(1) shall be performed with regard to: (A) A person or business location which has been previously found by the department to be in violation of § 47-18-1304 ; and (B) Any person or business location which refines, blends, stores, transports, or distributes kerosene or motor fuel to or for the person or business location referred to in subdivision (b)(2)(A). (3) Upon receiving a consumer complaint alleging a violation of § 47-18-1304 , which, in the discretion of the commissioner, indicates that the public health, safety or welfare may be threatened, inspection and testing in addition to that required by subdivision (b)(1) shall be performed with regard to: (A) The person or business location which is the subject of the complaint; and (B) Any person or business location which refines, blends, stores, transports, or distributes kerosene or motor fuel to or for the person or business location referred to in subdivision (b)(3)(A). (4) The commissioner shall maintain a toll-free telephone line for the purpose of encouraging and receiving consumer complaints pertaining to kerosene and motor fuel quality. The commissioner shall undertake such actions and activities as may be necessary to inform and periodically remind consumers of the existence and purpose of the toll-free telephone number. A log of consumer complaints pertaining to kerosene and motor fuel quality shall be maintained at the commissioner's office. The log shall constitute an open record and shall be available for public inspection during regular business hours.
(1) The department shall, at least once each year, inspect and collect at least one (1) sample for testing from each location from which a person conveys kerosene or motor fuel for consumption in Tennessee. Subject to availability of resources, the department may inspect any such location more frequently than once each year and may test a greater number of samples. If transactions occurring at a particular location total an average of less than three hundred (300) gallons per month, then annual inspection and testing of the location shall not be required.
(2) When, in the discretion of the commissioner, promotion or protection of the public health, safety, or welfare so necessitates, inspection and testing in addition to the requirements of subdivision (b)(1) shall be performed with regard to: (A) A person or business location which has been previously found by the department to be in violation of § 47-18-1304 ; and (B) Any person or business location which refines, blends, stores, transports, or distributes kerosene or motor fuel to or for the person or business location referred to in subdivision (b)(2)(A).
(A) A person or business location which has been previously found by the department to be in violation of § 47-18-1304 ; and
(B) Any person or business location which refines, blends, stores, transports, or distributes kerosene or motor fuel to or for the person or business location referred to in subdivision (b)(2)(A).
(3) Upon receiving a consumer complaint alleging a violation of § 47-18-1304 , which, in the discretion of the commissioner, indicates that the public health, safety or welfare may be threatened, inspection and testing in addition to that required by subdivision (b)(1) shall be performed with regard to: (A) The person or business location which is the subject of the complaint; and (B) Any person or business location which refines, blends, stores, transports, or distributes kerosene or motor fuel to or for the person or business location referred to in subdivision (b)(3)(A).
(A) The person or business location which is the subject of the complaint; and
(B) Any person or business location which refines, blends, stores, transports, or distributes kerosene or motor fuel to or for the person or business location referred to in subdivision (b)(3)(A).
(4) The commissioner shall maintain a toll-free telephone line for the purpose of encouraging and receiving consumer complaints pertaining to kerosene and motor fuel quality. The commissioner shall undertake such actions and activities as may be necessary to inform and periodically remind consumers of the existence and purpose of the toll-free telephone number. A log of consumer complaints pertaining to kerosene and motor fuel quality shall be maintained at the commissioner's office. The log shall constitute an open record and shall be available for public inspection during regular business hours.
Acts 1989, ch. 397, § 5.
Tenn. Code Ann. § 47-2a-104 — TN Code / Title 47 / Chapter 2a / Section 47-2a-104
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-104 - Leases subject to other law
Status: in_force

(1) A lease, although subject to this chapter, is also subject to any applicable: (a) the certificate of title statutes in title 55; (b) certificate of title statute of another jurisdiction (§ 47-2A-105 ); or (c) consumer protection statute of this State, or final consumer protection decision of a court of this State existing on July 1, 1994. (2) In case of conflict between this chapter, other than §§ 47-2A-105 , 47-2A-304(3) , and 47-2A-305(3) , and a statute or decision referred to in subsection (1), the statute or decision controls. (3) Failure to comply with an applicable law has only the effect specified therein. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 1.
(1) A lease, although subject to this chapter, is also subject to any applicable: (a) the certificate of title statutes in title 55; (b) certificate of title statute of another jurisdiction (§ 47-2A-105 ); or (c) consumer protection statute of this State, or final consumer protection decision of a court of this State existing on July 1, 1994.
(a) the certificate of title statutes in title 55;
(b) certificate of title statute of another jurisdiction (§ 47-2A-105 ); or
(c) consumer protection statute of this State, or final consumer protection decision of a court of this State existing on July 1, 1994.
(2) In case of conflict between this chapter, other than §§ 47-2A-105 , 47-2A-304(3) , and 47-2A-305(3) , and a statute or decision referred to in subsection (1), the statute or decision controls.
(3) Failure to comply with an applicable law has only the effect specified therein.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 1.
Tenn. Code Ann. § 47-18-1527 — TN Code / Title 47 / Chapter 18 / Section 47-18-1527
Credit card charges by telephone solicitation permitted - Unauthorized charges - Refund
Status: in_force

(a) Credit card companies may offer services charged to a credit card to a cardholder by telephone solicitation and such cardholder may elect to authorize or refuse such services. (b) If the cardholder does not authorize such services, the cardholder shall notify the credit card company of any unauthorized charges that appear on such cardholder's credit card statement within three (3) months of initial billing for such services. (c) If the cardholder notifies the credit card company during the three-month period that such consumer did not authorize the services and the credit card company cannot provide proof of authorization by such consumer, the credit card company shall refund an amount equal to a minimum of three (3) months charges for services. (d) If the cardholder notifies the credit card company during the three-month period that such consumer did not authorize the services and the credit card company is able to prove authorization by such cardholder, no refund shall be issued by the credit card company. Acts 1998, ch. 859, § 1.
(a) Credit card companies may offer services charged to a credit card to a cardholder by telephone solicitation and such cardholder may elect to authorize or refuse such services.
(b) If the cardholder does not authorize such services, the cardholder shall notify the credit card company of any unauthorized charges that appear on such cardholder's credit card statement within three (3) months of initial billing for such services.
(c) If the cardholder notifies the credit card company during the three-month period that such consumer did not authorize the services and the credit card company cannot provide proof of authorization by such consumer, the credit card company shall refund an amount equal to a minimum of three (3) months charges for services.
(d) If the cardholder notifies the credit card company during the three-month period that such consumer did not authorize the services and the credit card company is able to prove authorization by such cardholder, no refund shall be issued by the credit card company.
Acts 1998, ch. 859, § 1.
Tenn. Code Ann. § 47-18-1309 — TN Code / Title 47 / Chapter 18 / Section 47-18-1309
Rules and regulations - Contested cases
Status: in_force

(a) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this part. (b) Such rules shall include, but shall not necessarily be limited to: (1) Registration and disclosure procedures and requirements mandated by § 47-18-1304 ; (2) Identification and statement of current, applicable federal and state labeling and posting requirements, compliance with which is mandated by § 47-18-1304 ; (3) Identification and statement of current, applicable ASTM standards or federal standards, compliance with which is mandated by § 47-18-1304 ; and (4) Description of any deviations from ASTM standards, permitted by the department without imposition of sanction, in order to equitably reflect the margin of error for test analyses. (c) A person who is aggrieved by a proposed departmental order to enforce this part, or any rule promulgated under the authority of this part, shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act. Except under circumstances in which the public health or safety would be jeopardized by delay, any such hearing shall be conducted prior to the time at which an administrative fine is imposed or a stop-sale order becomes effective. Acts 1989, ch. 397, § 9.
(a) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this part.
(b) Such rules shall include, but shall not necessarily be limited to: (1) Registration and disclosure procedures and requirements mandated by § 47-18-1304 ; (2) Identification and statement of current, applicable federal and state labeling and posting requirements, compliance with which is mandated by § 47-18-1304 ; (3) Identification and statement of current, applicable ASTM standards or federal standards, compliance with which is mandated by § 47-18-1304 ; and (4) Description of any deviations from ASTM standards, permitted by the department without imposition of sanction, in order to equitably reflect the margin of error for test analyses.
(1) Registration and disclosure procedures and requirements mandated by § 47-18-1304 ;
(2) Identification and statement of current, applicable federal and state labeling and posting requirements, compliance with which is mandated by § 47-18-1304 ;
(3) Identification and statement of current, applicable ASTM standards or federal standards, compliance with which is mandated by § 47-18-1304 ; and
(4) Description of any deviations from ASTM standards, permitted by the department without imposition of sanction, in order to equitably reflect the margin of error for test analyses.
(c) A person who is aggrieved by a proposed departmental order to enforce this part, or any rule promulgated under the authority of this part, shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act. Except under circumstances in which the public health or safety would be jeopardized by delay, any such hearing shall be conducted prior to the time at which an administrative fine is imposed or a stop-sale order becomes effective.
Acts 1989, ch. 397, § 9.
Tenn. Code Ann. § 47-2-615 — TN Code / Title 47 / Chapter 2 / Section 47-2-615
Excuse by failure of presupposed conditions
Status: in_force

Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid. (b) Where the causes mentioned in paragraph (a) affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable. (c) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer. Acts 1963, ch. 81, § 1 (2-615).
Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:
(a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.
(b) Where the causes mentioned in paragraph (a) affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.
(c) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer.
Acts 1963, ch. 81, § 1 (2-615).
Tenn. Code Ann. § 47-18-2002 — TN Code / Title 47 / Chapter 18 / Section 47-18-2002
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Cigarette retailer" means each and every cigarette vending machine, place, store, booth, concession, truck, vehicle or person that in any way sells or makes available cigarettes or cigarette products directly or indirectly to the ultimate consumer; and (2) (A) "Tobacco product manufacturer" means an entity that, after May 4, 1999, directly (and not exclusively through any affiliate): (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States; (ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (iii) Becomes a successor of an entity described in subdivision (2)(A)(i) or (2)(A)(ii); and (B) "Tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subdivision (2)(A)(i), (2)(A)(ii) or (2)(A)(iii). Acts 1999, ch. 111, § 3.
As used in this part, unless the context otherwise requires:
(1) "Cigarette retailer" means each and every cigarette vending machine, place, store, booth, concession, truck, vehicle or person that in any way sells or makes available cigarettes or cigarette products directly or indirectly to the ultimate consumer; and
(2) (A) "Tobacco product manufacturer" means an entity that, after May 4, 1999, directly (and not exclusively through any affiliate): (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States; (ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (iii) Becomes a successor of an entity described in subdivision (2)(A)(i) or (2)(A)(ii); and (B) "Tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subdivision (2)(A)(i), (2)(A)(ii) or (2)(A)(iii).
(A) "Tobacco product manufacturer" means an entity that, after May 4, 1999, directly (and not exclusively through any affiliate): (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States; (ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (iii) Becomes a successor of an entity described in subdivision (2)(A)(i) or (2)(A)(ii); and
(i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States;
(ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or
(iii) Becomes a successor of an entity described in subdivision (2)(A)(i) or (2)(A)(ii); and
(B) "Tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subdivision (2)(A)(i), (2)(A)(ii) or (2)(A)(iii).
Acts 1999, ch. 111, § 3.
Tenn. Code Ann. § 47-26-706 — TN Code / Title 47 / Chapter 26 / Section 47-26-706
Visible location of device - Operating instructions
Status: in_force

Every moisture-measuring device offered for sale, processing, or storage shall be used in a location visible to the general public, and the detailed procedure for operating a moisture-measuring device shall be displayed in a conspicuous place proximate to the moisture-measuring device. Acts 1977, ch. 138, § 6; T.C.A., § 71-706.
Every moisture-measuring device offered for sale, processing, or storage shall be used in a location visible to the general public, and the detailed procedure for operating a moisture-measuring device shall be displayed in a conspicuous place proximate to the moisture-measuring device.
Acts 1977, ch. 138, § 6; T.C.A., § 71-706.
Tenn. Code Ann. § 47-26-1109 — TN Code / Title 47 / Chapter 26 / Section 47-26-1109
Rejection, removal from use, seizure of equipment
Status: in_force

The commissioner is authorized to reject, remove from use, or seize weighing or measuring devices installed, serviced, repaired, or reconditioned by any licensed or unlicensed individual or agency for good cause which shall include, but not be limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment; failure to adjust commercial or law enforcement devices to comply with Handbook 44 subsequent to service, repair, or installation; failure to accurately and completely submit required forms to the state weights and measures office in the manner prescribed. Acts 1997, ch. 311, § 3.
The commissioner is authorized to reject, remove from use, or seize weighing or measuring devices installed, serviced, repaired, or reconditioned by any licensed or unlicensed individual or agency for good cause which shall include, but not be limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment; failure to adjust commercial or law enforcement devices to comply with Handbook 44 subsequent to service, repair, or installation; failure to accurately and completely submit required forms to the state weights and measures office in the manner prescribed.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-18-5518 — TN Code / Title 47 / Chapter 18 / Section 47-18-5518
Communication by electronic or other means
Status: in_force

(a) In this section: (1) "Consumer" means an individual who seeks or obtains goods or services that are used primarily for personal, family or household purposes; and (2) "Federal act" means the electronic signatures in the Global and National Commerce Act, compiled in 15 U.S.C. § 7001 et seq. (b) A provider may satisfy the requirements of § 47-18-5517 , § 47-18-5519 , or § 47-18-5527 by means of the Internet or other electronic means if the provider obtains a consumer's consent in the manner provided by 15 U.S.C. § 7001(c)(1) . (c) The disclosures and materials required by §§ 47-18-5517 , 47-18-5519 and 47-18-5520 shall be presented in a form that is capable of being accurately reproduced for later reference. (d) With respect to disclosure by means of an Internet web site, the disclosure of the information required by § 47-18-5517(d) must appear on one (1) or more screens that: (1) Contain no other information; and (2) The individual must see before proceeding to assent to formation of an agreement. (e) At the time of providing the materials and agreement required by §§ 47-18-5517(c) and (d) , 47-18-5519 and 47-18-5527 , a provider shall inform the individual that upon electronic, telephonic or written request, it will send the individual a written copy of the materials and shall comply with a request as provided in subsection (f). (f) If a provider is requested, before the expiration of ninety (90) days after an agreement is completed or terminated, to send a written copy of the materials required by § 47-18-5517(c) and (d) , § 47-18-5519 , or § 47-18-5527 , the provider shall send them at no charge within three (3) business days after the request is received; but the provider need not comply with a request more than once per calendar month or if it reasonably believes the request is made for purposes of harassment. If a request is made more than ninety (90) days after an agreement is completed or terminated, the provider shall send, within a reasonable time, a written copy of the materials requested. (g) A provider that maintains an Internet web site shall disclose on the home page of its web site or on a page that is clearly and conspicuously connected to the home page by a link that clearly reveals its contents: (1) Its name and all names under which it does business; (2) Its principal business address, telephone number and electronic-mail address, if any; and (3) The names of its principal officers. (h) Subject to subsection (i), if a consumer who has consented to electronic communication in the manner provided by 15 U.S.C. § 7001 withdraws consent as provided in 15 U.S.C. § 7001 , a provider may terminate its agreement with the consumer. (i) If a provider wishes to terminate an agreement with a consumer pursuant to subsection (h), it shall notify the consumer that it will terminate the agreement unless the consumer, within thirty (30) days after receiving the notification, consents to electronic communication in the manner provided in 15 U.S.C. § 7001(c) . If the consumer consents, the provider may terminate the agreement only as permitted by § 47-18-5519(a)(6)(G) . Acts 2009 , ch. 469, § 1.
(a) In this section: (1) "Consumer" means an individual who seeks or obtains goods or services that are used primarily for personal, family or household purposes; and (2) "Federal act" means the electronic signatures in the Global and National Commerce Act, compiled in 15 U.S.C. § 7001 et seq.
(1) "Consumer" means an individual who seeks or obtains goods or services that are used primarily for personal, family or household purposes; and
(2) "Federal act" means the electronic signatures in the Global and National Commerce Act, compiled in 15 U.S.C. § 7001 et seq.
(b) A provider may satisfy the requirements of § 47-18-5517 , § 47-18-5519 , or § 47-18-5527 by means of the Internet or other electronic means if the provider obtains a consumer's consent in the manner provided by 15 U.S.C. § 7001(c)(1) .
(c) The disclosures and materials required by §§ 47-18-5517 , 47-18-5519 and 47-18-5520 shall be presented in a form that is capable of being accurately reproduced for later reference.
(d) With respect to disclosure by means of an Internet web site, the disclosure of the information required by § 47-18-5517(d) must appear on one (1) or more screens that: (1) Contain no other information; and (2) The individual must see before proceeding to assent to formation of an agreement.
(1) Contain no other information; and
(2) The individual must see before proceeding to assent to formation of an agreement.
(e) At the time of providing the materials and agreement required by §§ 47-18-5517(c) and (d) , 47-18-5519 and 47-18-5527 , a provider shall inform the individual that upon electronic, telephonic or written request, it will send the individual a written copy of the materials and shall comply with a request as provided in subsection (f).
(f) If a provider is requested, before the expiration of ninety (90) days after an agreement is completed or terminated, to send a written copy of the materials required by § 47-18-5517(c) and (d) , § 47-18-5519 , or § 47-18-5527 , the provider shall send them at no charge within three (3) business days after the request is received; but the provider need not comply with a request more than once per calendar month or if it reasonably believes the request is made for purposes of harassment. If a request is made more than ninety (90) days after an agreement is completed or terminated, the provider shall send, within a reasonable time, a written copy of the materials requested.
(g) A provider that maintains an Internet web site shall disclose on the home page of its web site or on a page that is clearly and conspicuously connected to the home page by a link that clearly reveals its contents: (1) Its name and all names under which it does business; (2) Its principal business address, telephone number and electronic-mail address, if any; and (3) The names of its principal officers.
(1) Its name and all names under which it does business;
(2) Its principal business address, telephone number and electronic-mail address, if any; and
(3) The names of its principal officers.
(h) Subject to subsection (i), if a consumer who has consented to electronic communication in the manner provided by 15 U.S.C. § 7001 withdraws consent as provided in 15 U.S.C. § 7001 , a provider may terminate its agreement with the consumer.
(i) If a provider wishes to terminate an agreement with a consumer pursuant to subsection (h), it shall notify the consumer that it will terminate the agreement unless the consumer, within thirty (30) days after receiving the notification, consents to electronic communication in the manner provided in 15 U.S.C. § 7001(c) . If the consumer consents, the provider may terminate the agreement only as permitted by § 47-18-5519(a)(6)(G) .
Acts 2009 , ch. 469, § 1.
Tenn. Code Ann. § 47-18-101 — TN Code / Title 47 / Chapter 18 / Section 47-18-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Consumer Protection Act of 1977." Acts 1977, ch. 438, § 1.
This part shall be known and may be cited as the "Tennessee Consumer Protection Act of 1977."
Acts 1977, ch. 438, § 1.
Tenn. Code Ann. § 47-2a-106 — TN Code / Title 47 / Chapter 2a / Section 47-2a-106
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-106 - Limitation on power of parties to consumer lease to choose applicable law and judicial forum
Status: in_force

(1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty (30) days thereafter or in which the goods are to be used, the choice is not enforceable. (2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable. Acts 1993, ch. 398, § 1.
(1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty (30) days thereafter or in which the goods are to be used, the choice is not enforceable.
(2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-2a-107 — TN Code / Title 47 / Chapter 2a / Section 47-2a-107
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-107 - Waiver or renunciation of claim or right after default
Status: in_force

Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. Acts 1993, ch. 398, § 1.
Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-24-101 — TN Code / Title 47 / Chapter 24 / Section 47-24-101
Definition
Status: in_force

"Equity participations" means loan transactions in which the lender, in addition to interest and other amounts received pursuant to and rights resulting from the loan transaction, has the right, subject to § 47-24-102 , to participate in the borrower's enterprise or venture to the extent described in a written agreement between the lender and the borrower, the participation including, but not limited to, having or exercising the right to acquire equity in the enterprise or venture, and having or exercising the right to receive a percentage of the rents, profits, revenues, sales or refinancing proceeds, or other similar assets represented by the borrower's enterprise or venture, as defined in the written agreement between the lender and the borrower; provided, that no equity participation in agricultural land shall be entered into nor shall any equity participation be secured in any part by agricultural land. Acts 1981, ch. 173, § 1; 1986, ch. 821, § 1.
"Equity participations" means loan transactions in which the lender, in addition to interest and other amounts received pursuant to and rights resulting from the loan transaction, has the right, subject to § 47-24-102 , to participate in the borrower's enterprise or venture to the extent described in a written agreement between the lender and the borrower, the participation including, but not limited to, having or exercising the right to acquire equity in the enterprise or venture, and having or exercising the right to receive a percentage of the rents, profits, revenues, sales or refinancing proceeds, or other similar assets represented by the borrower's enterprise or venture, as defined in the written agreement between the lender and the borrower; provided, that no equity participation in agricultural land shall be entered into nor shall any equity participation be secured in any part by agricultural land.
Acts 1981, ch. 173, § 1; 1986, ch. 821, § 1.
Tenn. Code Ann. § 47-7-210 — TN Code / Title 47 / Chapter 7 / Section 47-7-210
Enforcement of warehouse's lien
Status: in_force

(a) Except as otherwise provided in subsection (b), a warehouse's lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the warehouse is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The warehouse sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner in any recognized market therefore, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence. (b) A warehouse may enforce its lien on goods, other than goods stored by a merchant in the course of its business, only if the following requirements are satisfied: (1) All persons known to claim an interest in the goods must be notified; (2) The notification must include an itemized statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than 10 (ten) days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place; (3) The sale must conform to the terms of the notification; (4) The sale must be held at the nearest suitable place to where the goods are held or stored; and (5) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two (2) weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account the goods are being held, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not fewer than six (6) conspicuous places in the neighborhood of the proposed sale. (c) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold but must be retained by the warehouse subject to the terms of the receipt and this chapter. (d) A warehouse may buy at any public sale held pursuant to this section. (e) A purchaser in good faith of goods sold to enforce a warehouse's lien takes the goods free of any rights of persons against which the lien was valid, despite the warehouse's noncompliance with this section. (f) A warehouse may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the warehouse would have been bound to deliver the goods. (g) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor. (h) If a lien is on goods stored by a merchant in the course of its business, the lien may be enforced in accordance with subsection (a) or (b). (i) A warehouse is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion. Acts 2008, ch. 814, § 1.
(a) Except as otherwise provided in subsection (b), a warehouse's lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the warehouse is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The warehouse sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner in any recognized market therefore, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence.
(b) A warehouse may enforce its lien on goods, other than goods stored by a merchant in the course of its business, only if the following requirements are satisfied: (1) All persons known to claim an interest in the goods must be notified; (2) The notification must include an itemized statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than 10 (ten) days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place; (3) The sale must conform to the terms of the notification; (4) The sale must be held at the nearest suitable place to where the goods are held or stored; and (5) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two (2) weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account the goods are being held, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not fewer than six (6) conspicuous places in the neighborhood of the proposed sale.
(1) All persons known to claim an interest in the goods must be notified;
(2) The notification must include an itemized statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than 10 (ten) days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place;
(3) The sale must conform to the terms of the notification;
(4) The sale must be held at the nearest suitable place to where the goods are held or stored; and
(5) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two (2) weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account the goods are being held, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not fewer than six (6) conspicuous places in the neighborhood of the proposed sale.
(c) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold but must be retained by the warehouse subject to the terms of the receipt and this chapter.
(d) A warehouse may buy at any public sale held pursuant to this section.
(e) A purchaser in good faith of goods sold to enforce a warehouse's lien takes the goods free of any rights of persons against which the lien was valid, despite the warehouse's noncompliance with this section.
(f) A warehouse may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the warehouse would have been bound to deliver the goods.
(g) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.
(h) If a lien is on goods stored by a merchant in the course of its business, the lien may be enforced in accordance with subsection (a) or (b).
(i) A warehouse is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-2603 — TN Code / Title 47 / Chapter 18 / Section 47-18-2603
Transfer agreement - Requirements
Status: in_force

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been authorized in advance in a final order of a court of competent jurisdiction or a responsible administrative authority, and complies with all of the following: (1) The transfer complies with the requirements of this part and will not contravene other applicable law; (2) Not less than ten (10) days prior to the date on which the payee executes the transfer agreement, the transferee has provided to the payee a disclosure statement in bold type, no smaller than fourteen (14) points, setting forth: (A) The amounts and due dates of the structured settlement payments to be transferred; (B) The aggregate amount of such payments; (C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value; (D) The gross amount payable to the payee in exchange for such payments; (E) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, notary fees and other commissions, fees, costs, expenses and charges, and a good faith estimate of all legal fees and court costs payable by the payee or deductible from the gross amount otherwise payable to the payee; (F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses and charges described in subdivision (2)(E); and (G) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee; (3) The payee has established that the transfer is fair and reasonable and in the best interest of the payee; (4) The payee has been advised by the transferee, in writing, to seek independent professional advice regarding the financial, legal and tax implications of the transfer; and (5) The transferee has given written notice of the transferee's name, address and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the court or responsible administrative authority. Acts 2000, ch. 758, § 4.
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been authorized in advance in a final order of a court of competent jurisdiction or a responsible administrative authority, and complies with all of the following:
(1) The transfer complies with the requirements of this part and will not contravene other applicable law;
(2) Not less than ten (10) days prior to the date on which the payee executes the transfer agreement, the transferee has provided to the payee a disclosure statement in bold type, no smaller than fourteen (14) points, setting forth: (A) The amounts and due dates of the structured settlement payments to be transferred; (B) The aggregate amount of such payments; (C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value; (D) The gross amount payable to the payee in exchange for such payments; (E) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, notary fees and other commissions, fees, costs, expenses and charges, and a good faith estimate of all legal fees and court costs payable by the payee or deductible from the gross amount otherwise payable to the payee; (F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses and charges described in subdivision (2)(E); and (G) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee;
(A) The amounts and due dates of the structured settlement payments to be transferred;
(B) The aggregate amount of such payments;
(C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value;
(D) The gross amount payable to the payee in exchange for such payments;
(E) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, notary fees and other commissions, fees, costs, expenses and charges, and a good faith estimate of all legal fees and court costs payable by the payee or deductible from the gross amount otherwise payable to the payee;
(F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses and charges described in subdivision (2)(E); and
(G) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee;
(3) The payee has established that the transfer is fair and reasonable and in the best interest of the payee;
(4) The payee has been advised by the transferee, in writing, to seek independent professional advice regarding the financial, legal and tax implications of the transfer; and
(5) The transferee has given written notice of the transferee's name, address and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the court or responsible administrative authority.
Acts 2000, ch. 758, § 4.
Tenn. Code Ann. § 47-10-105 — TN Code / Title 47 / Chapter 10 / Section 47-10-105
Use of electronic records and electronic signatures - Variation by agreement
Status: in_force

(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection (c) may not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law. Acts 2001, ch. 72, § 5.
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection (c) may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
Acts 2001, ch. 72, § 5.
Tenn. Code Ann. § 47-18-5701 — TN Code / Title 47 / Chapter 18 / Section 47-18-5701
Short title
Status: in_force

This part is known and may be cited as the "Protecting Children from Social Media Act." Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
This part is known and may be cited as the "Protecting Children from Social Media Act."
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 47-26-908 — TN Code / Title 47 / Chapter 26 / Section 47-26-908
State weights and measures agency
Status: in_force

There shall be a weights and measures agency located for administrative purposes within the department of agriculture. This agency is charged with, but not limited to, performing the following functions on behalf of the citizens of the state: (1) Assuring that weights and measures in commercial service within the state are suitable for their intended use, properly installed, and accurate, and are so maintained by their owner or user; (2) Preventing unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold, or purchased within this state; (3) As deemed necessary, making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the agency; (4) Promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies; (5) Encouraging desirable economic growth while protecting the consumer through the adoption by rule of weights and measures requirements as necessary to assure equity among buyers and sellers; and (6) Maintaining a weights and measures laboratory that meets the requirements of and is traceable to the National Institute of Standards and Technology. Acts 1997, ch. 311, § 1.
There shall be a weights and measures agency located for administrative purposes within the department of agriculture. This agency is charged with, but not limited to, performing the following functions on behalf of the citizens of the state:
(1) Assuring that weights and measures in commercial service within the state are suitable for their intended use, properly installed, and accurate, and are so maintained by their owner or user;
(2) Preventing unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold, or purchased within this state;
(3) As deemed necessary, making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the agency;
(4) Promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies;
(5) Encouraging desirable economic growth while protecting the consumer through the adoption by rule of weights and measures requirements as necessary to assure equity among buyers and sellers; and
(6) Maintaining a weights and measures laboratory that meets the requirements of and is traceable to the National Institute of Standards and Technology.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-26-912 — TN Code / Title 47 / Chapter 26 / Section 47-26-912
Misrepresentation of quantity
Status: in_force

No person shall: (1) Sell, or expose for sale less than the quantity represented; (2) Take more than the represented quantity when, as buyer, such person furnishes the weight or measure by means of which the quantity is determined; or (3) Represent the quantity in any manner calculated or tending to mislead or in any way deceive another person. Acts 1997, ch. 311, § 1.
No person shall:
(1) Sell, or expose for sale less than the quantity represented;
(2) Take more than the represented quantity when, as buyer, such person furnishes the weight or measure by means of which the quantity is determined; or
(3) Represent the quantity in any manner calculated or tending to mislead or in any way deceive another person.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-18-131 — TN Code / Title 47 / Chapter 18 / Section 47-18-131
Government Imposter and Deceptive Advertisements Act
Status: in_force

(a) This section shall be known and may be cited as the "Government Impostor and Deceptive Advertisements Act." (b) For purposes of this section: (1) "Advertisement" means any written, oral, graphic, or electronic statement, solicitation, marketing, illustration, label, or other depiction, including labeling that is designed or used to create interest in the purchasing of, or consideration for purchase, impart information about the attributes of, publicize the availability of, or affect the sale or use of, goods or services, whether the statement appears in a brochure, newspaper, magazine, free standing insert, marketing kit, leaflet, mailer, book insert, letter, catalogue, poster, chart, billboard, electronic mail, web site, or other digital form, slide, or on the radio, broadcast television, cable television, or commercial or infomercial whether live or recorded or elsewhere; and (2) "Governmental entity" means all units, subdivisions, entities of state, federal, or local government, including, but not limited to, a board, a department, an office, an agency, a military veteran entity, or a military or veteran service organization by whatever name. (c) The following unfair or deceptive acts or practices constitute a violation of this part: (1) Using or employing in any manner an advertisement for purposes of selling goods or services that: (A) Simulates a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind; or (B) Represents, implies, or otherwise causes a likelihood of confusion that the person using or employing the advertisement is a part of or associated with a unit of any governmental entity, when such is not true; (2) Representing, implying, or otherwise causing a likelihood of confusion that goods or services, an advertisement, or an offer was sent or distributed by or has been approved, authorized, or endorsed, in whole or in part, by a governmental entity, when such is not true; (3) Using or employing language, symbols, logos, representations, statements, titles, names, seals, emblems, insignia, trade or brand names, business or control tracking numbers, web site or email addresses, or any other term, symbol, or content that represents or implies or otherwise causes a likelihood of confusion that goods or services, an advertisement, or an offer is from a governmental entity, when such is not true; and (4) (A) Failing to provide the disclosure described in subdivision (c)(4)(B) either in the largest font type on the entire advertisement, but in no event smaller than bold fourteen (14) point black type, when offering documents that are available free of charge or at a lesser price from a governmental entity: (i) On the front and outside of the mailing envelope; (ii) At the top of the e-mail message; (iii) On each web page; or (iv) On the top of each page of any advertisement; (B) The following disclosure shall be displayed in accordance with subdivision (c)(4)(A): IMPORTANT NOTICE: The documents offered by this advertisement are available to Tennessee consumers free of charge or for a lesser price from (insert name, telephone number, and mailing address of the applicable governmental entity). You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government. (d) Notwithstanding any law to the contrary, the attorney general and reporter has the following authority: (1) Investigate potential violations of this section; (2) Issue requests for information consistent with § 47-18-106 , regarding potential violations of this section; (3) Settle, including entering into assurances of voluntary compliance consistent with § 47-18-107 ; and (4) Commence litigation as set forth in § 47-18-108 , when a violation of this section has occurred. (e) Upon receipt of a written request from the attorney general and reporter or the attorney general and reporter's designee, failing to timely submit written responses and answers concerning the alleged prohibited practices or violations in this section, including, but not limited to, supplying the attorney general and reporter with copies of customer lists, invoices, receipts, or other business records, shall be considered a failure to cooperate in a consumer protection investigation and thus be considered a violation of this section. (f) (1) Any act set out in subsection (c) shall be an unfair and deceptive act or practice affecting the conduct of trade and commerce and subject to the penalties and remedies provided in this part. A violation of subsection (e) shall also be subject to the penalties and remedies provided in this part. (2) In addition to other remedies provided in this part, a court may order: (A) Payment to the state of up to one hundred dollars ($100) for each person who receives a written or electronic advertisement distributed in violation of this section; and (B) Reimbursement to the state for the reasonable costs and expenses of investigating and prosecuting a violation of this section, including attorneys' fees. (3) All funds recovered pursuant to this subsection (f) shall be retained by the attorney general and reporter to be used in the enforcement of this section and other consumer protection related activities. Added by 2016 Tenn. Acts, ch. 594,s 1, eff. 3/10/2016.
(a) This section shall be known and may be cited as the "Government Impostor and Deceptive Advertisements Act."
(b) For purposes of this section: (1) "Advertisement" means any written, oral, graphic, or electronic statement, solicitation, marketing, illustration, label, or other depiction, including labeling that is designed or used to create interest in the purchasing of, or consideration for purchase, impart information about the attributes of, publicize the availability of, or affect the sale or use of, goods or services, whether the statement appears in a brochure, newspaper, magazine, free standing insert, marketing kit, leaflet, mailer, book insert, letter, catalogue, poster, chart, billboard, electronic mail, web site, or other digital form, slide, or on the radio, broadcast television, cable television, or commercial or infomercial whether live or recorded or elsewhere; and (2) "Governmental entity" means all units, subdivisions, entities of state, federal, or local government, including, but not limited to, a board, a department, an office, an agency, a military veteran entity, or a military or veteran service organization by whatever name.
(1) "Advertisement" means any written, oral, graphic, or electronic statement, solicitation, marketing, illustration, label, or other depiction, including labeling that is designed or used to create interest in the purchasing of, or consideration for purchase, impart information about the attributes of, publicize the availability of, or affect the sale or use of, goods or services, whether the statement appears in a brochure, newspaper, magazine, free standing insert, marketing kit, leaflet, mailer, book insert, letter, catalogue, poster, chart, billboard, electronic mail, web site, or other digital form, slide, or on the radio, broadcast television, cable television, or commercial or infomercial whether live or recorded or elsewhere; and
(2) "Governmental entity" means all units, subdivisions, entities of state, federal, or local government, including, but not limited to, a board, a department, an office, an agency, a military veteran entity, or a military or veteran service organization by whatever name.
(c) The following unfair or deceptive acts or practices constitute a violation of this part: (1) Using or employing in any manner an advertisement for purposes of selling goods or services that: (A) Simulates a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind; or (B) Represents, implies, or otherwise causes a likelihood of confusion that the person using or employing the advertisement is a part of or associated with a unit of any governmental entity, when such is not true; (2) Representing, implying, or otherwise causing a likelihood of confusion that goods or services, an advertisement, or an offer was sent or distributed by or has been approved, authorized, or endorsed, in whole or in part, by a governmental entity, when such is not true; (3) Using or employing language, symbols, logos, representations, statements, titles, names, seals, emblems, insignia, trade or brand names, business or control tracking numbers, web site or email addresses, or any other term, symbol, or content that represents or implies or otherwise causes a likelihood of confusion that goods or services, an advertisement, or an offer is from a governmental entity, when such is not true; and (4) (A) Failing to provide the disclosure described in subdivision (c)(4)(B) either in the largest font type on the entire advertisement, but in no event smaller than bold fourteen (14) point black type, when offering documents that are available free of charge or at a lesser price from a governmental entity: (i) On the front and outside of the mailing envelope; (ii) At the top of the e-mail message; (iii) On each web page; or (iv) On the top of each page of any advertisement; (B) The following disclosure shall be displayed in accordance with subdivision (c)(4)(A): IMPORTANT NOTICE: The documents offered by this advertisement are available to Tennessee consumers free of charge or for a lesser price from (insert name, telephone number, and mailing address of the applicable governmental entity). You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.
(1) Using or employing in any manner an advertisement for purposes of selling goods or services that: (A) Simulates a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind; or (B) Represents, implies, or otherwise causes a likelihood of confusion that the person using or employing the advertisement is a part of or associated with a unit of any governmental entity, when such is not true;
(A) Simulates a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind; or
(B) Represents, implies, or otherwise causes a likelihood of confusion that the person using or employing the advertisement is a part of or associated with a unit of any governmental entity, when such is not true;
(2) Representing, implying, or otherwise causing a likelihood of confusion that goods or services, an advertisement, or an offer was sent or distributed by or has been approved, authorized, or endorsed, in whole or in part, by a governmental entity, when such is not true;
(3) Using or employing language, symbols, logos, representations, statements, titles, names, seals, emblems, insignia, trade or brand names, business or control tracking numbers, web site or email addresses, or any other term, symbol, or content that represents or implies or otherwise causes a likelihood of confusion that goods or services, an advertisement, or an offer is from a governmental entity, when such is not true; and
(4) (A) Failing to provide the disclosure described in subdivision (c)(4)(B) either in the largest font type on the entire advertisement, but in no event smaller than bold fourteen (14) point black type, when offering documents that are available free of charge or at a lesser price from a governmental entity: (i) On the front and outside of the mailing envelope; (ii) At the top of the e-mail message; (iii) On each web page; or (iv) On the top of each page of any advertisement; (B) The following disclosure shall be displayed in accordance with subdivision (c)(4)(A): IMPORTANT NOTICE: The documents offered by this advertisement are available to Tennessee consumers free of charge or for a lesser price from (insert name, telephone number, and mailing address of the applicable governmental entity). You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.
(A) Failing to provide the disclosure described in subdivision (c)(4)(B) either in the largest font type on the entire advertisement, but in no event smaller than bold fourteen (14) point black type, when offering documents that are available free of charge or at a lesser price from a governmental entity: (i) On the front and outside of the mailing envelope; (ii) At the top of the e-mail message; (iii) On each web page; or (iv) On the top of each page of any advertisement;
(i) On the front and outside of the mailing envelope;
(ii) At the top of the e-mail message;
(iii) On each web page; or
(iv) On the top of each page of any advertisement;
(B) The following disclosure shall be displayed in accordance with subdivision (c)(4)(A): IMPORTANT NOTICE: The documents offered by this advertisement are available to Tennessee consumers free of charge or for a lesser price from (insert name, telephone number, and mailing address of the applicable governmental entity). You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.
IMPORTANT NOTICE:
The documents offered by this advertisement are available to Tennessee consumers free of charge or for a lesser price from (insert name, telephone number, and mailing address of the applicable governmental entity). You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.
(d) Notwithstanding any law to the contrary, the attorney general and reporter has the following authority: (1) Investigate potential violations of this section; (2) Issue requests for information consistent with § 47-18-106 , regarding potential violations of this section; (3) Settle, including entering into assurances of voluntary compliance consistent with § 47-18-107 ; and (4) Commence litigation as set forth in § 47-18-108 , when a violation of this section has occurred.
(1) Investigate potential violations of this section;
(2) Issue requests for information consistent with § 47-18-106 , regarding potential violations of this section;
(3) Settle, including entering into assurances of voluntary compliance consistent with § 47-18-107 ; and
(4) Commence litigation as set forth in § 47-18-108 , when a violation of this section has occurred.
(e) Upon receipt of a written request from the attorney general and reporter or the attorney general and reporter's designee, failing to timely submit written responses and answers concerning the alleged prohibited practices or violations in this section, including, but not limited to, supplying the attorney general and reporter with copies of customer lists, invoices, receipts, or other business records, shall be considered a failure to cooperate in a consumer protection investigation and thus be considered a violation of this section.
(f) (1) Any act set out in subsection (c) shall be an unfair and deceptive act or practice affecting the conduct of trade and commerce and subject to the penalties and remedies provided in this part. A violation of subsection (e) shall also be subject to the penalties and remedies provided in this part. (2) In addition to other remedies provided in this part, a court may order: (A) Payment to the state of up to one hundred dollars ($100) for each person who receives a written or electronic advertisement distributed in violation of this section; and (B) Reimbursement to the state for the reasonable costs and expenses of investigating and prosecuting a violation of this section, including attorneys' fees. (3) All funds recovered pursuant to this subsection (f) shall be retained by the attorney general and reporter to be used in the enforcement of this section and other consumer protection related activities.
(1) Any act set out in subsection (c) shall be an unfair and deceptive act or practice affecting the conduct of trade and commerce and subject to the penalties and remedies provided in this part. A violation of subsection (e) shall also be subject to the penalties and remedies provided in this part.
(2) In addition to other remedies provided in this part, a court may order: (A) Payment to the state of up to one hundred dollars ($100) for each person who receives a written or electronic advertisement distributed in violation of this section; and (B) Reimbursement to the state for the reasonable costs and expenses of investigating and prosecuting a violation of this section, including attorneys' fees.
(A) Payment to the state of up to one hundred dollars ($100) for each person who receives a written or electronic advertisement distributed in violation of this section; and
(B) Reimbursement to the state for the reasonable costs and expenses of investigating and prosecuting a violation of this section, including attorneys' fees.
(3) All funds recovered pursuant to this subsection (f) shall be retained by the attorney general and reporter to be used in the enforcement of this section and other consumer protection related activities.
Added by 2016 Tenn. Acts, ch. 594,s 1, eff. 3/10/2016.
Tenn. Code Ann. § 47-4a-501 — TN Code / Title 47 / Chapter 4a / Section 47-4a-501
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 5 - MISCELLANEOUS PROVISIONS (§§ 47-4A-501 — 47-4A-507) Section 47-4A-501 - Variation by agreement and effect of funds-transfer system rule
Status: in_force

(a) Except as otherwise provided in this chapter, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party. (b) "Funds-transfer system rule" means a rule of an association of banks: (i) Governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders; or (ii) To the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a federal reserve bank, acting as an intermediary bank, sends a payment order to the beneficiary's bank. Except as otherwise provided in this chapter, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this chapter and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in §§ 47-4A-404(c) , 47-4A-405(d) , and 47-4A-507(c) . Acts 1991, ch. 52, § 1.
(a) Except as otherwise provided in this chapter, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.
(b) "Funds-transfer system rule" means a rule of an association of banks: (i) Governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders; or (ii) To the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a federal reserve bank, acting as an intermediary bank, sends a payment order to the beneficiary's bank. Except as otherwise provided in this chapter, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this chapter and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in §§ 47-4A-404(c) , 47-4A-405(d) , and 47-4A-507(c) .
(i) Governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders; or
(ii) To the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a federal reserve bank, acting as an intermediary bank, sends a payment order to the beneficiary's bank. Except as otherwise provided in this chapter, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this chapter and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in §§ 47-4A-404(c) , 47-4A-405(d) , and 47-4A-507(c) .
Except as otherwise provided in this chapter, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this chapter and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in §§ 47-4A-404(c) , 47-4A-405(d) , and 47-4A-507(c) .
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-4a-403 — TN Code / Title 47 / Chapter 4a / Section 47-4a-403
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-403 - Payment by sender to receiving bank
Status: in_force

(a) Payment of the sender's obligation under § 47-4A-402 to pay the receiving bank occurs as follows: (1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a federal reserve bank or through a funds-transfer system; (2) If the sender is a bank and the sender: (i) Credited an account of the receiving bank with the sender; or (ii) Caused an account of the receiving bank in another bank to be credited; Payment occurs when the credit is withdrawn or, if not withdrawn, at midnight (12:00) of the day on which the credit is withdrawable and the receiving bank learns of that fact; or (3) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account. (b) If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the sender's obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. The aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system. The aggregate balance is determined after the right of setoff stated in the second sentence of this subsection has been exercised. (c) If two (2) banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under § 47-4A-402 will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one (1) bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other. (d) In a case not covered by subsection (a), the time when payment of the sender's obligation under §§ 47-4A-402(b) or 47-4A-402(c) occurs is governed by applicable principles of law that determine when an obligation is satisfied. Acts 1991, ch. 52, § 1.
(a) Payment of the sender's obligation under § 47-4A-402 to pay the receiving bank occurs as follows: (1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a federal reserve bank or through a funds-transfer system; (2) If the sender is a bank and the sender: (i) Credited an account of the receiving bank with the sender; or (ii) Caused an account of the receiving bank in another bank to be credited; Payment occurs when the credit is withdrawn or, if not withdrawn, at midnight (12:00) of the day on which the credit is withdrawable and the receiving bank learns of that fact; or (3) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account.
(1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a federal reserve bank or through a funds-transfer system;
(2) If the sender is a bank and the sender: (i) Credited an account of the receiving bank with the sender; or (ii) Caused an account of the receiving bank in another bank to be credited; Payment occurs when the credit is withdrawn or, if not withdrawn, at midnight (12:00) of the day on which the credit is withdrawable and the receiving bank learns of that fact; or
(i) Credited an account of the receiving bank with the sender; or
(ii) Caused an account of the receiving bank in another bank to be credited; Payment occurs when the credit is withdrawn or, if not withdrawn, at midnight (12:00) of the day on which the credit is withdrawable and the receiving bank learns of that fact; or
Payment occurs when the credit is withdrawn or, if not withdrawn, at midnight (12:00) of the day on which the credit is withdrawable and the receiving bank learns of that fact; or
(3) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account.
(b) If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the sender's obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. The aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system. The aggregate balance is determined after the right of setoff stated in the second sentence of this subsection has been exercised.
(c) If two (2) banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under § 47-4A-402 will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one (1) bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other.
(d) In a case not covered by subsection (a), the time when payment of the sender's obligation under §§ 47-4A-402(b) or 47-4A-402(c) occurs is governed by applicable principles of law that determine when an obligation is satisfied.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-18-1304 — TN Code / Title 47 / Chapter 18 / Section 47-18-1304
Labeling and posting - Standards - Waiver of standards or alternative standards
Status: in_force

(a) Kerosene and motor fuels conveyed for consumption in Tennessee shall be labeled and posted in accordance with applicable federal and state law. (b) Kerosene and motor fuels conveyed for consumption in Tennessee shall meet the standards established for such products in the annual book of ASTM standards, and supplements thereto; provided, that by duly promulgated rule: (1) The department may adopt alternative volatility standards for gasoline-alcohol blends; provided, that the alternative standards are consistent with the protection and promotion of public health, safety and welfare; and (2) The department shall adopt as a substitute standard any provision of federal law which imposes requirements in conflict with an ASTM standard. (c) The commissioner is authorized to waive ASTM standards or to establish alternative standards for a specified period of time when such action is deemed necessary to protect or promote public health, safety and general welfare, and the interests of citizens of Tennessee; provided, that if such waiver or alternative standards remain in effect for more than one (1) year, the commissioner shall promulgate emergency or permanent rules, as the commissioner deems appropriate, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) (1) Notwithstanding subsection (c) or subdivision (b)(1), for gasoline blended with ethanol, the most recent version of ASTM D4814, Standard Specification for Automotive Spark Ignition Engine Fuel, applies with the following exceptions: (A) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing nine percent (9%) to ten percent (10%) (by volume) ethanol from June 1 through September 15, in accordance with 40 CFR Part 80.27(d); (B) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Classes A, B, C, and D from September 16 through May 31; and (C) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than a half pound per square inch (0.5 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Class E from September 16 through May 31. (2) The vapor pressure exceptions in subdivisions (d)(1)(B) and (C) shall remain in effect until ASTM incorporates changes to the vapor pressure maximums for ethanol blends after April 7, 2017. Amended by 2017 Tenn. Acts, ch. 106, s 1, eff. 4/7/2017. Acts 1989, ch. 397, § 4; 1997 , ch. 40, § 1; 2005, ch. 2, § 1.
(a) Kerosene and motor fuels conveyed for consumption in Tennessee shall be labeled and posted in accordance with applicable federal and state law.
(b) Kerosene and motor fuels conveyed for consumption in Tennessee shall meet the standards established for such products in the annual book of ASTM standards, and supplements thereto; provided, that by duly promulgated rule: (1) The department may adopt alternative volatility standards for gasoline-alcohol blends; provided, that the alternative standards are consistent with the protection and promotion of public health, safety and welfare; and (2) The department shall adopt as a substitute standard any provision of federal law which imposes requirements in conflict with an ASTM standard.
(1) The department may adopt alternative volatility standards for gasoline-alcohol blends; provided, that the alternative standards are consistent with the protection and promotion of public health, safety and welfare; and
(2) The department shall adopt as a substitute standard any provision of federal law which imposes requirements in conflict with an ASTM standard.
(c) The commissioner is authorized to waive ASTM standards or to establish alternative standards for a specified period of time when such action is deemed necessary to protect or promote public health, safety and general welfare, and the interests of citizens of Tennessee; provided, that if such waiver or alternative standards remain in effect for more than one (1) year, the commissioner shall promulgate emergency or permanent rules, as the commissioner deems appropriate, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) (1) Notwithstanding subsection (c) or subdivision (b)(1), for gasoline blended with ethanol, the most recent version of ASTM D4814, Standard Specification for Automotive Spark Ignition Engine Fuel, applies with the following exceptions: (A) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing nine percent (9%) to ten percent (10%) (by volume) ethanol from June 1 through September 15, in accordance with 40 CFR Part 80.27(d); (B) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Classes A, B, C, and D from September 16 through May 31; and (C) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than a half pound per square inch (0.5 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Class E from September 16 through May 31. (2) The vapor pressure exceptions in subdivisions (d)(1)(B) and (C) shall remain in effect until ASTM incorporates changes to the vapor pressure maximums for ethanol blends after April 7, 2017.
(1) Notwithstanding subsection (c) or subdivision (b)(1), for gasoline blended with ethanol, the most recent version of ASTM D4814, Standard Specification for Automotive Spark Ignition Engine Fuel, applies with the following exceptions: (A) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing nine percent (9%) to ten percent (10%) (by volume) ethanol from June 1 through September 15, in accordance with 40 CFR Part 80.27(d); (B) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Classes A, B, C, and D from September 16 through May 31; and (C) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than a half pound per square inch (0.5 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Class E from September 16 through May 31.
(A) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing nine percent (9%) to ten percent (10%) (by volume) ethanol from June 1 through September 15, in accordance with 40 CFR Part 80.27(d);
(B) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Classes A, B, C, and D from September 16 through May 31; and
(C) The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than a half pound per square inch (0.5 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Class E from September 16 through May 31.
(2) The vapor pressure exceptions in subdivisions (d)(1)(B) and (C) shall remain in effect until ASTM incorporates changes to the vapor pressure maximums for ethanol blends after April 7, 2017.
Amended by 2017 Tenn. Acts, ch. 106, s 1, eff. 4/7/2017.
Acts 1989, ch. 397, § 4; 1997 , ch. 40, § 1; 2005, ch. 2, § 1.
Tenn. Code Ann. § 47-9-808 — TN Code / Title 47 / Chapter 9 / Section 47-9-808
Persons entitled to file initial financing statement or continuation statement
Status: in_force

A person may file an initial financing statement or a continuation statement under this part if: (1) The secured party of record authorizes the filing; and (2) The filing is necessary under this part: (A) To continue the effectiveness of a financing statement filed before this act takes effect; or (B) To perfect or continue the perfection of a security interest. Acts 2012, ch. 708, § 20.
A person may file an initial financing statement or a continuation statement under this part if:
(1) The secured party of record authorizes the filing; and
(2) The filing is necessary under this part: (A) To continue the effectiveness of a financing statement filed before this act takes effect; or (B) To perfect or continue the perfection of a security interest.
(A) To continue the effectiveness of a financing statement filed before this act takes effect; or
(B) To perfect or continue the perfection of a security interest.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-1-305 — TN Code / Title 47 / Chapter 1 / Section 47-1-305
Remedies to be liberally administered
Status: in_force

(a) The remedies provided by chapters 1-9 of this title must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in chapters 1-9 of this title or by other rule of law. (b) Any right or obligation declared by chapters 1-9 of this title is enforceable by action unless the provision declaring it specifies a different and limited effect. Acts 2008, ch. 930, § 1.
(a) The remedies provided by chapters 1-9 of this title must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in chapters 1-9 of this title or by other rule of law.
(b) Any right or obligation declared by chapters 1-9 of this title is enforceable by action unless the provision declaring it specifies a different and limited effect.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-7-701 — TN Code / Title 47 / Chapter 7 / Section 47-7-701
Effective date
Status: in_force

This chapter takes effect on July 1, 2008. Acts 2008, ch. 814, § 1.
This chapter takes effect on July 1, 2008.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-106 — TN Code / Title 47 / Chapter 18 / Section 47-18-106
Investigations - Requests for information - Penalties for noncompliance
Status: in_force

(a) Whenever the attorney general has reason to believe that a person is engaging in, has engaged in, or, based upon information received from another law enforcement agency, is about to engage in any unlawful act or practice under this part, or has reason to believe it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, has engaged in, or is about to engage in such act or practice, the attorney general may: (1) Require any person with information relevant to the subject matter of the investigation to file a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and to furnish and make available for examination all documentary material and information relevant to the subject matter of the investigation; (2) Examine under oath any person with information relevant to the subject matter of the investigation; and (3) Examine any merchandise or any sample of merchandise deemed relevant to the subject matter of the investigation. (b) At any time prior to the return date specified in the attorney general's request for information pursuant to subsection (a), or within ten (10) days following notice of such a request, whichever is shorter, any person from whom information has been requested may petition the circuit or chancery court of Davidson County, stating good cause, for a protective order to extend the return date for a reasonable time, or to modify or set aside the request. The attorney general shall receive at least one (1) day's notice of such a petition and shall be given an opportunity to respond. (c) If no protective order from the court is secured and the written request by the attorney general is not complied with by its return date, the attorney general, upon notice to the person requested to provide information, may apply to a court of competent jurisdiction for an order compelling compliance with the request made pursuant to subsection (a). (d) Any court of competent jurisdiction in this state, upon a showing by the attorney general that there are reasonable grounds to believe that this part is being, has been, or is about to be violated; that the persons who are committing, have committed, or are about to commit such acts or practices or who possess the relevant documentary material have left the state or are about to leave the state; and that such an order is necessary for the enforcement of this part, may order such persons to comply with subsection (a) whether the attorney general has made a prior request for information or not. The court may also, notwithstanding any provision to the contrary, immediately and without notice, forbid the removal from any place, concealment, withholding, destruction, mutilation, falsification, or alteration by any other means of any documentary material in the possession, custody, or control of any person believed by the attorney general to be connected with acts or practices which violate this part. (e) Any person who has received notice of a request for information pursuant to subsection (a), or of an order pursuant to subsection (c) or (d), and with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation or order under this part, removes from any place, conceals, withholds, destroys, mutilates, falsifies or by any other means alters any documentary material in the possession, custody, or control of any person subject to such notice, shall be subject to a civil penalty of not more than one thousand dollars ($1,000), recoverable by the state in addition to any other appropriate sanction. (f) Documentary material or merchandise requested pursuant to this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person possessing such documentary material or merchandise, or at such other time and place as may be agreed upon by the possessor and the attorney general. (g) (1) Documentary material, merchandise, or other information, including trade secrets, obtained pursuant to a request under this section, unless otherwise ordered by the court for good cause shown, must not be produced for inspection, copied by, or its contents disclosed to, any person other than an authorized representative of the attorney general and reporter or other proper law enforcement official for the purpose of prosecution without the consent of the person who produced the material or information. (2) The attorney general and reporter may use copies of the documentary material produced in accordance with this section and merchandise impounded under a court order as it determines necessary in the enforcement of this part, including the presentation before any court; provided, that the powers conferred upon the attorney general and reporter by this part must not be used for the purpose of compelling any natural person to furnish testimony or evidence which may be protected by such person's right against self-incrimination. (3) All other documentary material, answers to written interrogatories, and transcripts of oral testimony that are voluntarily provided to the attorney general and reporter as part of an investigation under this section must be treated as if obtained pursuant to a request issued under this section if such materials were obtained pursuant to an investigative demand or similar process issued by another state or federal attorney general or law enforcement agency, obtained from a state or federal attorney general or law enforcement agency pursuant to a statutory obligation to produce, or provided by a person with information relevant to the subject matter of the investigation. (h) In conducting an inquiry pursuant to this section, the attorney general, whenever such aid is determined to be necessary and desirable, may request the aid of any agency of the state; and any agency, as requested, shall give full aid, support, and cooperation to the attorney general in such investigation. (i) Service of any notice, order, or request for information by the attorney general may be made in compliance with the Tennessee Rules of Civil Procedure or by: (1) Delivering a duly executed copy of the notice, order, or request for information to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of that person; (2) Mailing by registered or certified mail a duly executed copy of the notice, order, or request for information addressed to the person, to be served at the person's principal place of business in this state, or if the person has no place of business within this state, to the person's principal office, place of business, home, or last known address; or (3) Personal service, pursuant to §§ 20-2-214 - 20-2-220. Amended by 2024 Tenn. Acts, ch. 776,s 12, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 776,s 11, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 776,s 10, eff. 4/23/2024. Amended by 2019 Tenn. Acts, ch. 459, s 5, eff. 9/30/2019. Acts 1977, ch. 438, § 7.
(a) Whenever the attorney general has reason to believe that a person is engaging in, has engaged in, or, based upon information received from another law enforcement agency, is about to engage in any unlawful act or practice under this part, or has reason to believe it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, has engaged in, or is about to engage in such act or practice, the attorney general may: (1) Require any person with information relevant to the subject matter of the investigation to file a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and to furnish and make available for examination all documentary material and information relevant to the subject matter of the investigation; (2) Examine under oath any person with information relevant to the subject matter of the investigation; and (3) Examine any merchandise or any sample of merchandise deemed relevant to the subject matter of the investigation.
(1) Require any person with information relevant to the subject matter of the investigation to file a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and to furnish and make available for examination all documentary material and information relevant to the subject matter of the investigation;
(2) Examine under oath any person with information relevant to the subject matter of the investigation; and
(3) Examine any merchandise or any sample of merchandise deemed relevant to the subject matter of the investigation.
(b) At any time prior to the return date specified in the attorney general's request for information pursuant to subsection (a), or within ten (10) days following notice of such a request, whichever is shorter, any person from whom information has been requested may petition the circuit or chancery court of Davidson County, stating good cause, for a protective order to extend the return date for a reasonable time, or to modify or set aside the request. The attorney general shall receive at least one (1) day's notice of such a petition and shall be given an opportunity to respond.
(c) If no protective order from the court is secured and the written request by the attorney general is not complied with by its return date, the attorney general, upon notice to the person requested to provide information, may apply to a court of competent jurisdiction for an order compelling compliance with the request made pursuant to subsection (a).
(d) Any court of competent jurisdiction in this state, upon a showing by the attorney general that there are reasonable grounds to believe that this part is being, has been, or is about to be violated; that the persons who are committing, have committed, or are about to commit such acts or practices or who possess the relevant documentary material have left the state or are about to leave the state; and that such an order is necessary for the enforcement of this part, may order such persons to comply with subsection (a) whether the attorney general has made a prior request for information or not. The court may also, notwithstanding any provision to the contrary, immediately and without notice, forbid the removal from any place, concealment, withholding, destruction, mutilation, falsification, or alteration by any other means of any documentary material in the possession, custody, or control of any person believed by the attorney general to be connected with acts or practices which violate this part.
(e) Any person who has received notice of a request for information pursuant to subsection (a), or of an order pursuant to subsection (c) or (d), and with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation or order under this part, removes from any place, conceals, withholds, destroys, mutilates, falsifies or by any other means alters any documentary material in the possession, custody, or control of any person subject to such notice, shall be subject to a civil penalty of not more than one thousand dollars ($1,000), recoverable by the state in addition to any other appropriate sanction.
(f) Documentary material or merchandise requested pursuant to this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person possessing such documentary material or merchandise, or at such other time and place as may be agreed upon by the possessor and the attorney general.
(g) (1) Documentary material, merchandise, or other information, including trade secrets, obtained pursuant to a request under this section, unless otherwise ordered by the court for good cause shown, must not be produced for inspection, copied by, or its contents disclosed to, any person other than an authorized representative of the attorney general and reporter or other proper law enforcement official for the purpose of prosecution without the consent of the person who produced the material or information. (2) The attorney general and reporter may use copies of the documentary material produced in accordance with this section and merchandise impounded under a court order as it determines necessary in the enforcement of this part, including the presentation before any court; provided, that the powers conferred upon the attorney general and reporter by this part must not be used for the purpose of compelling any natural person to furnish testimony or evidence which may be protected by such person's right against self-incrimination. (3) All other documentary material, answers to written interrogatories, and transcripts of oral testimony that are voluntarily provided to the attorney general and reporter as part of an investigation under this section must be treated as if obtained pursuant to a request issued under this section if such materials were obtained pursuant to an investigative demand or similar process issued by another state or federal attorney general or law enforcement agency, obtained from a state or federal attorney general or law enforcement agency pursuant to a statutory obligation to produce, or provided by a person with information relevant to the subject matter of the investigation.
(1) Documentary material, merchandise, or other information, including trade secrets, obtained pursuant to a request under this section, unless otherwise ordered by the court for good cause shown, must not be produced for inspection, copied by, or its contents disclosed to, any person other than an authorized representative of the attorney general and reporter or other proper law enforcement official for the purpose of prosecution without the consent of the person who produced the material or information.
(2) The attorney general and reporter may use copies of the documentary material produced in accordance with this section and merchandise impounded under a court order as it determines necessary in the enforcement of this part, including the presentation before any court; provided, that the powers conferred upon the attorney general and reporter by this part must not be used for the purpose of compelling any natural person to furnish testimony or evidence which may be protected by such person's right against self-incrimination.
(3) All other documentary material, answers to written interrogatories, and transcripts of oral testimony that are voluntarily provided to the attorney general and reporter as part of an investigation under this section must be treated as if obtained pursuant to a request issued under this section if such materials were obtained pursuant to an investigative demand or similar process issued by another state or federal attorney general or law enforcement agency, obtained from a state or federal attorney general or law enforcement agency pursuant to a statutory obligation to produce, or provided by a person with information relevant to the subject matter of the investigation.
(h) In conducting an inquiry pursuant to this section, the attorney general, whenever such aid is determined to be necessary and desirable, may request the aid of any agency of the state; and any agency, as requested, shall give full aid, support, and cooperation to the attorney general in such investigation.
(i) Service of any notice, order, or request for information by the attorney general may be made in compliance with the Tennessee Rules of Civil Procedure or by: (1) Delivering a duly executed copy of the notice, order, or request for information to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of that person; (2) Mailing by registered or certified mail a duly executed copy of the notice, order, or request for information addressed to the person, to be served at the person's principal place of business in this state, or if the person has no place of business within this state, to the person's principal office, place of business, home, or last known address; or (3) Personal service, pursuant to §§ 20-2-214 - 20-2-220.
(1) Delivering a duly executed copy of the notice, order, or request for information to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of that person;
(2) Mailing by registered or certified mail a duly executed copy of the notice, order, or request for information addressed to the person, to be served at the person's principal place of business in this state, or if the person has no place of business within this state, to the person's principal office, place of business, home, or last known address; or
(3) Personal service, pursuant to §§ 20-2-214 - 20-2-220.
Amended by 2024 Tenn. Acts, ch. 776,s 12, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 776,s 11, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 776,s 10, eff. 4/23/2024.
Amended by 2019 Tenn. Acts, ch. 459, s 5, eff. 9/30/2019.
Acts 1977, ch. 438, § 7.
Tenn. Code Ann. § 47-18-610 — TN Code / Title 47 / Chapter 18 / Section 47-18-610
Advertisements
Status: in_force

(a) If an advertisement for a rental-purchase agreement refers to or states the amount of any payment or the right to acquire ownership for any specific item, the advertisement also must state clearly and conspicuously the following items, as applicable: (1) That the transaction advertised is a rental-purchase agreement; (2) The total of payments necessary to acquire ownership; and (3) That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid. (b) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section. (c) Subsection (a) does not apply to an advertisement which does not refer to a specific item of merchandise. The disclosures also need not be made in an advertisement which does not refer to or state the amount of any payment, and which is published in the yellow pages of a telephone directory or any similar directory of business. (d) With respect to matters specifically governed by the federal Consumer Credit Protection Act, compliance with such act satisfies the requirements of this section. Acts 1987, ch. 225, § 11.
(a) If an advertisement for a rental-purchase agreement refers to or states the amount of any payment or the right to acquire ownership for any specific item, the advertisement also must state clearly and conspicuously the following items, as applicable: (1) That the transaction advertised is a rental-purchase agreement; (2) The total of payments necessary to acquire ownership; and (3) That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.
(1) That the transaction advertised is a rental-purchase agreement;
(2) The total of payments necessary to acquire ownership; and
(3) That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.
(b) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.
(c) Subsection (a) does not apply to an advertisement which does not refer to a specific item of merchandise. The disclosures also need not be made in an advertisement which does not refer to or state the amount of any payment, and which is published in the yellow pages of a telephone directory or any similar directory of business.
(d) With respect to matters specifically governed by the federal Consumer Credit Protection Act, compliance with such act satisfies the requirements of this section.
Acts 1987, ch. 225, § 11.
Tenn. Code Ann. § 47-26-1102 — TN Code / Title 47 / Chapter 26 / Section 47-26-1102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commercial and law enforcement weighing and measuring device" is construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for service rendered on the basis of weight, measure, or count. It shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device. It also includes weighing and measuring equipment in official use for the enforcement of laws or for the collection of statistical information by governmental agencies; (2) "Commissioner" means the commissioner of agriculture or the commissioner's duly appointed representative; (3) "Department" means the Tennessee department of agriculture; (4) "Handbook 44" means National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices"; (5) "NIST" means the National Institute of Standards and Technology which is an agency of the United States department of commerce; (6) "Registered service agency" shall be construed to mean any agency, firm, company, or corporation employing more than two (2) registered servicepersons that for hire, award, commission, or any other payment of any kind installs, services, repairs, or reconditions a commercial weighing or measuring device, and that registers itself as such with the commissioner. Under agency registration, identification of individual servicepersons shall be required; and (7) "Registered serviceperson" shall be construed to mean any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who applies for registration with the commissioner. Acts 1997, ch. 311, § 3.
As used in this part, unless the context otherwise requires:
(1) "Commercial and law enforcement weighing and measuring device" is construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for service rendered on the basis of weight, measure, or count. It shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device. It also includes weighing and measuring equipment in official use for the enforcement of laws or for the collection of statistical information by governmental agencies;
(2) "Commissioner" means the commissioner of agriculture or the commissioner's duly appointed representative;
(3) "Department" means the Tennessee department of agriculture;
(4) "Handbook 44" means National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";
(5) "NIST" means the National Institute of Standards and Technology which is an agency of the United States department of commerce;
(6) "Registered service agency" shall be construed to mean any agency, firm, company, or corporation employing more than two (2) registered servicepersons that for hire, award, commission, or any other payment of any kind installs, services, repairs, or reconditions a commercial weighing or measuring device, and that registers itself as such with the commissioner. Under agency registration, identification of individual servicepersons shall be required; and
(7) "Registered serviceperson" shall be construed to mean any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who applies for registration with the commissioner.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-18-126 — TN Code / Title 47 / Chapter 18 / Section 47-18-126
Electronically printed receipts for credit and debit cards - Violations - Application
Status: in_force

(a) Except as otherwise provided in subsection (b), no person that accepts credit cards or debit cards for the transaction of business shall print or cause to be printed more than five (5) digits of the card number or the expiration date upon either the receipt retained by the merchant or the receipt provided to the cardholder at the point of the sale or transaction. (b) This section shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card. (c) A violation of this section is an unfair and deceptive trade practice and punished as provided in this part. (d) (1) Effective May 13, 2005, this section shall apply to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that was first put into use on or after January 1, 2005. (2) Effective January 1, 2007, this section shall apply to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that was in use prior to January 1, 2005. Acts 2005, ch. 161, § 1.
(a) Except as otherwise provided in subsection (b), no person that accepts credit cards or debit cards for the transaction of business shall print or cause to be printed more than five (5) digits of the card number or the expiration date upon either the receipt retained by the merchant or the receipt provided to the cardholder at the point of the sale or transaction.
(b) This section shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card.
(c) A violation of this section is an unfair and deceptive trade practice and punished as provided in this part.
(d) (1) Effective May 13, 2005, this section shall apply to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that was first put into use on or after January 1, 2005. (2) Effective January 1, 2007, this section shall apply to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that was in use prior to January 1, 2005.
(1) Effective May 13, 2005, this section shall apply to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that was first put into use on or after January 1, 2005.
(2) Effective January 1, 2007, this section shall apply to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that was in use prior to January 1, 2005.
Acts 2005, ch. 161, § 1.
Tenn. Code Ann. § 47-10-119 — TN Code / Title 47 / Chapter 10 / Section 47-10-119
Filing of pre-implementation statement and post-implementation review
Status: in_force

(a) 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 , implementing an electronic business system that provides for the sending and receiving of electronic records that contain electronic signatures and/or authorizations shall file a statement with the comptroller of the treasury at least thirty (30) days prior to offering such service. The statement shall contain the following information: (1) A description of the computer hardware and software to be utilized; (2) A description of the policies and procedures related to the implementation of the system; (3) Documentation of the internal controls that will ensure the integrity of the system; (4) A description of the local governmental public official's personnel who will be responsible for the implementation of the system; (5) A description of the types of records and transactions to be electronically communicated, as well as a description of the transaction and/or record authorization process including a description of any electronic signatures to be used; (6) The estimated cost of the system including development and implementation costs; and (7) The expected benefits and/or the estimated cost savings, if any, of conducting business by electronic means. (b) A local governmental public official who implements an electronic business system shall provide to the comptroller of the treasury a post-implementation review of the system between twelve (12) and eighteen (18) months after the date a statement described in this section has been filed with the comptroller. The review shall include: (1) An assessment of the system by the local governmental public official; (2) Responses from a survey of users of the system; and (3) Any recommendations for improvements to the electronic business system. Acts 2001, ch. 72, § 19.
(a) 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 , implementing an electronic business system that provides for the sending and receiving of electronic records that contain electronic signatures and/or authorizations shall file a statement with the comptroller of the treasury at least thirty (30) days prior to offering such service. The statement shall contain the following information: (1) A description of the computer hardware and software to be utilized; (2) A description of the policies and procedures related to the implementation of the system; (3) Documentation of the internal controls that will ensure the integrity of the system; (4) A description of the local governmental public official's personnel who will be responsible for the implementation of the system; (5) A description of the types of records and transactions to be electronically communicated, as well as a description of the transaction and/or record authorization process including a description of any electronic signatures to be used; (6) The estimated cost of the system including development and implementation costs; and (7) The expected benefits and/or the estimated cost savings, if any, of conducting business by electronic means.
(1) A description of the computer hardware and software to be utilized;
(2) A description of the policies and procedures related to the implementation of the system;
(3) Documentation of the internal controls that will ensure the integrity of the system;
(4) A description of the local governmental public official's personnel who will be responsible for the implementation of the system;
(5) A description of the types of records and transactions to be electronically communicated, as well as a description of the transaction and/or record authorization process including a description of any electronic signatures to be used;
(6) The estimated cost of the system including development and implementation costs; and
(7) The expected benefits and/or the estimated cost savings, if any, of conducting business by electronic means.
(b) A local governmental public official who implements an electronic business system shall provide to the comptroller of the treasury a post-implementation review of the system between twelve (12) and eighteen (18) months after the date a statement described in this section has been filed with the comptroller. The review shall include: (1) An assessment of the system by the local governmental public official; (2) Responses from a survey of users of the system; and (3) Any recommendations for improvements to the electronic business system.
(1) An assessment of the system by the local governmental public official;
(2) Responses from a survey of users of the system; and
(3) Any recommendations for improvements to the electronic business system.
Acts 2001, ch. 72, § 19.
Tenn. Code Ann. § 47-8-403 — TN Code / Title 47 / Chapter 8 / Section 47-8-403
Demand that issuer not register transfer
Status: in_force

(a) A person who is an appropriate person to make an endorsement or originate an instruction may demand that the issuer not register transfer of a security by communicating to the issuer a notification that identifies the registered owner and the issue of which the security is a part and provides an address for communications directed to the person making the demand. The demand is effective only if it is received by the issuer at a time and in a manner affording the issuer reasonable opportunity to act on it. (b) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security after a demand that the issuer not register transfer has become effective, the issuer shall promptly communicate to (i) the person who initiated the demand at the address provided in the demand and (ii) the person who presented the security for registration of transfer or initiated the instruction requesting registration of transfer a notification stating that: (1) the certificated security has been presented for registration of transfer or the instruction for registration of transfer of the uncertificated security has been received; (2) a demand that the issuer not register transfer had previously been received; and (3) the issuer will withhold registration of transfer for a period of time stated in the notification in order to provide the person who initiated the demand an opportunity to obtain legal process or an indemnity bond. (c) The period described in subsection (b)(3) may not exceed thirty (30) days after the date of communication of the notification. A shorter period may be specified by the issuer if it is not manifestly unreasonable. (d) An issuer is not liable to a person who initiated a demand that the issuer not register transfer for any loss the person suffers as a result of registration of a transfer pursuant to an effective endorsement or instruction if the person who initiated the demand does not, within the time stated in the issuer's communication, either: (1) obtain an appropriate restraining order, injunction, or other process from a court of competent jurisdiction enjoining the issuer from registering the transfer; or (2) file with the issuer an indemnity bond, sufficient in the issuer's judgment to protect the issuer and any transfer agent, registrar, or other agent of the issuer involved from any loss it or they may suffer by refusing to register the transfer. (e) This section does not relieve an issuer from liability for registering transfer pursuant to an endorsement or instruction that was not effective. Acts 1997, ch. 79, § 1.
(a) A person who is an appropriate person to make an endorsement or originate an instruction may demand that the issuer not register transfer of a security by communicating to the issuer a notification that identifies the registered owner and the issue of which the security is a part and provides an address for communications directed to the person making the demand. The demand is effective only if it is received by the issuer at a time and in a manner affording the issuer reasonable opportunity to act on it.
(b) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security after a demand that the issuer not register transfer has become effective, the issuer shall promptly communicate to (i) the person who initiated the demand at the address provided in the demand and (ii) the person who presented the security for registration of transfer or initiated the instruction requesting registration of transfer a notification stating that: (1) the certificated security has been presented for registration of transfer or the instruction for registration of transfer of the uncertificated security has been received; (2) a demand that the issuer not register transfer had previously been received; and (3) the issuer will withhold registration of transfer for a period of time stated in the notification in order to provide the person who initiated the demand an opportunity to obtain legal process or an indemnity bond.
(1) the certificated security has been presented for registration of transfer or the instruction for registration of transfer of the uncertificated security has been received;
(2) a demand that the issuer not register transfer had previously been received; and
(3) the issuer will withhold registration of transfer for a period of time stated in the notification in order to provide the person who initiated the demand an opportunity to obtain legal process or an indemnity bond.
(c) The period described in subsection (b)(3) may not exceed thirty (30) days after the date of communication of the notification. A shorter period may be specified by the issuer if it is not manifestly unreasonable.
(d) An issuer is not liable to a person who initiated a demand that the issuer not register transfer for any loss the person suffers as a result of registration of a transfer pursuant to an effective endorsement or instruction if the person who initiated the demand does not, within the time stated in the issuer's communication, either: (1) obtain an appropriate restraining order, injunction, or other process from a court of competent jurisdiction enjoining the issuer from registering the transfer; or (2) file with the issuer an indemnity bond, sufficient in the issuer's judgment to protect the issuer and any transfer agent, registrar, or other agent of the issuer involved from any loss it or they may suffer by refusing to register the transfer.
(1) obtain an appropriate restraining order, injunction, or other process from a court of competent jurisdiction enjoining the issuer from registering the transfer; or
(2) file with the issuer an indemnity bond, sufficient in the issuer's judgment to protect the issuer and any transfer agent, registrar, or other agent of the issuer involved from any loss it or they may suffer by refusing to register the transfer.
(e) This section does not relieve an issuer from liability for registering transfer pursuant to an endorsement or instruction that was not effective.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-25-308 — TN Code / Title 47 / Chapter 25 / Section 47-25-308
Enforcement - Penalties - Hearings
Status: in_force

(a) The department of revenue, through the commissioner, shall administer and enforce this part. (b) (1) For an initial violation or noncompliance with any provision of this part by a retail dealer, a penalty shall be imposed not to exceed two hundred fifty dollars ($250); (2) For any second violation or noncompliance with any provision of this part by any person who has previously been found in violation of subdivision (b)(1), a penalty shall be imposed not to exceed five hundred dollars ($500); and (3) For any subsequent violation or violations or noncompliance with any provision of this part, by any person who has previously been found in violation of subdivision (b)(2), a penalty shall be imposed not to exceed one thousand dollars ($1,000). (c) Any person whose license is revoked or suspended under this section, and who continues to engage in the unauthorized sale, distribution or handling of cigarettes in this state, either directly or through any agent or third party acting on behalf of such person, shall be charged with an additional violation of this part and shall also be in violation of § 67-4-1015 . (d) Any person who is adversely affected by a decision of the commissioner may petition the department of revenue for a hearing pursuant to § 67-1-105 , which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (e) In enforcing this part, the commissioner shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner. Acts 1949, ch. 68, § 14; C. Supp. 1950, § 6770.24 (Williams, § 6770.57); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 69-411; Acts 1985, ch. 179, § 3; 1986, ch. 940, § 2; 1988, ch. 958, § 1; 1991, ch. 259, § 3; T.C.A. (orig. ed.), § 47-25-311; Acts 1998, ch. 768, § 1.
(a) The department of revenue, through the commissioner, shall administer and enforce this part.
(b) (1) For an initial violation or noncompliance with any provision of this part by a retail dealer, a penalty shall be imposed not to exceed two hundred fifty dollars ($250); (2) For any second violation or noncompliance with any provision of this part by any person who has previously been found in violation of subdivision (b)(1), a penalty shall be imposed not to exceed five hundred dollars ($500); and (3) For any subsequent violation or violations or noncompliance with any provision of this part, by any person who has previously been found in violation of subdivision (b)(2), a penalty shall be imposed not to exceed one thousand dollars ($1,000).
(1) For an initial violation or noncompliance with any provision of this part by a retail dealer, a penalty shall be imposed not to exceed two hundred fifty dollars ($250);
(2) For any second violation or noncompliance with any provision of this part by any person who has previously been found in violation of subdivision (b)(1), a penalty shall be imposed not to exceed five hundred dollars ($500); and
(3) For any subsequent violation or violations or noncompliance with any provision of this part, by any person who has previously been found in violation of subdivision (b)(2), a penalty shall be imposed not to exceed one thousand dollars ($1,000).
(c) Any person whose license is revoked or suspended under this section, and who continues to engage in the unauthorized sale, distribution or handling of cigarettes in this state, either directly or through any agent or third party acting on behalf of such person, shall be charged with an additional violation of this part and shall also be in violation of § 67-4-1015 .
(d) Any person who is adversely affected by a decision of the commissioner may petition the department of revenue for a hearing pursuant to § 67-1-105 , which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(e) In enforcing this part, the commissioner shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner.
Acts 1949, ch. 68, § 14; C. Supp. 1950, § 6770.24 (Williams, § 6770.57); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 69-411; Acts 1985, ch. 179, § 3; 1986, ch. 940, § 2; 1988, ch. 958, § 1; 1991, ch. 259, § 3; T.C.A. (orig. ed.), § 47-25-311; Acts 1998, ch. 768, § 1.
Tenn. Code Ann. § 47-4-302 — TN Code / Title 47 / Chapter 4 / Section 47-4-302
Payor bank's responsibility for late return of item
Status: in_force

(a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of: (1) a demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight (12:00 midnight) of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight (12:00 midnight) deadline; or (2) any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents. (b) The liability of a payor bank to pay an item pursuant to subsection (a) is subject to defenses based on breach of a presentment warranty (§ 47-4-208 ) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank. Acts 1963, ch. 81, § 1 (4-302); 1995, ch. 397, § 3.
(a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of: (1) a demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight (12:00 midnight) of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight (12:00 midnight) deadline; or (2) any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.
(1) a demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight (12:00 midnight) of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight (12:00 midnight) deadline; or
(2) any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.
(b) The liability of a payor bank to pay an item pursuant to subsection (a) is subject to defenses based on breach of a presentment warranty (§ 47-4-208 ) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
Acts 1963, ch. 81, § 1 (4-302); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-2-514 — TN Code / Title 47 / Chapter 2 / Section 47-2-514
When documents deliverable on acceptance - When on payment
Status: in_force

Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three (3) days after presentment; otherwise, only on payment. Acts 1963, ch. 81, § 1 (2-514).
Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three (3) days after presentment; otherwise, only on payment.
Acts 1963, ch. 81, § 1 (2-514).
Tenn. Code Ann. § 47-2-317 — TN Code / Title 47 / Chapter 2 / Section 47-2-317
Cumulation and conflict of warranties express or implied
Status: in_force

Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply: (a) Exact or technical specifications displace an inconsistent sample or model or general language of description. (b) A sample from an existing bulk displaces inconsistent general language of description. (c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. Acts 1963, ch. 81, § 1 (2-317).
Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Acts 1963, ch. 81, § 1 (2-317).
Tenn. Code Ann. § 47-8-509 — TN Code / Title 47 / Chapter 8 / Section 47-8-509
Specification of duties of securities intermediary by other statute or regulation - Manner of performance of duties of securities intermediary and exercise of rights of entitlement holder
Status: in_force

(a) If the substance of a duty imposed upon a securities intermediary by §§ 47-8-504 - 47-8-508 is the subject of other statute, regulation, or rule, compliance with that statute, regulation, or rule satisfies the duty. (b) To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation, or rule or by agreement between the securities intermediary and entitlement holder, the securities intermediary shall perform its duties and the entitlement holder shall exercise its rights in a commercially reasonable manner. (c) The obligation of a securities intermediary to perform the duties imposed by §§ 47-8-504 - 47-8-508 is subject to: (1) rights of the securities intermediary arising out of a security interest under a security agreement with the entitlement holder or otherwise; and (2) rights of the securities intermediary under other law, regulation, rule, or agreement to withhold performance of its duties as a result of unfulfilled obligations of the entitlement holder to the securities intermediary. (d) Sections 47-8-504 - 47-8-508 do not require a securities intermediary to take any action that is prohibited by other statute, regulation, or rule. Acts 1997, ch. 79, § 1.
(a) If the substance of a duty imposed upon a securities intermediary by §§ 47-8-504 - 47-8-508 is the subject of other statute, regulation, or rule, compliance with that statute, regulation, or rule satisfies the duty.
(b) To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation, or rule or by agreement between the securities intermediary and entitlement holder, the securities intermediary shall perform its duties and the entitlement holder shall exercise its rights in a commercially reasonable manner.
(c) The obligation of a securities intermediary to perform the duties imposed by §§ 47-8-504 - 47-8-508 is subject to: (1) rights of the securities intermediary arising out of a security interest under a security agreement with the entitlement holder or otherwise; and (2) rights of the securities intermediary under other law, regulation, rule, or agreement to withhold performance of its duties as a result of unfulfilled obligations of the entitlement holder to the securities intermediary.
(1) rights of the securities intermediary arising out of a security interest under a security agreement with the entitlement holder or otherwise; and
(2) rights of the securities intermediary under other law, regulation, rule, or agreement to withhold performance of its duties as a result of unfulfilled obligations of the entitlement holder to the securities intermediary.
(d) Sections 47-8-504 - 47-8-508 do not require a securities intermediary to take any action that is prohibited by other statute, regulation, or rule.
Acts 1997, ch. 79, § 1.