Tenn. Code Ann. § 47-18-132 — TN Code / Title 47 / Chapter 18 / Section 47-18-132
Billing for special healthcare service or costs of supplies, equipment, or other services provided by a healthcare facility
Status: in_force

(a) As used in this section: (1) "Healthcare facility" means a hospital licensed under title 33 or 68; (2) "Healthcare provider" or "provider" means a physician or other healthcare practitioner licensed or certified under title 63 to perform specialty healthcare services consistent with their scope of practice under state law; and (3) "Specialty healthcare service" means anesthesia, pathology, radiology, and emergency services. (b) A hospital shall not include in any billing statement to a patient any language that indicates or implies that a charge is for a specialty healthcare service that was rendered by a healthcare provider unless: (1) The charge is described in a manner that provides the patient with sufficient information to identify the healthcare provider or the specialty healthcare service rendered; and (2) (A) The costs of any supplies, equipment, or other services rendered to the patient by or at the hospital are excluded from the amount charged for the healthcare provider or the specialty healthcare service rendered; or (B) The billing statement includes language or is accompanied by a notice to inform the patient that billed amounts for services do not include charges for healthcare providers who are not employed by the healthcare facility, including anesthesiologists, emergency physicians, pathologists, and radiologists. (c) If a healthcare provider includes a charge in a billing statement to a patient for the costs of any supplies, equipment, or other services provided by a healthcare facility, then the healthcare provider shall include with the billing statement language or an accompanying notice to inform the patient that those charges are included. (d) A violation of subsection (b) or (c) constitutes a violation of this part as an unfair or deceptive act or practice affecting the conduct of trade or commerce and is subject to the penalties and remedies as provided by this part. Each act in violation of subsection (b) or (c) constitutes a separate violation of this part. Added by 2019 Tenn. Acts, ch. 341,s 2, eff. 1/1/2020.
(a) As used in this section: (1) "Healthcare facility" means a hospital licensed under title 33 or 68; (2) "Healthcare provider" or "provider" means a physician or other healthcare practitioner licensed or certified under title 63 to perform specialty healthcare services consistent with their scope of practice under state law; and (3) "Specialty healthcare service" means anesthesia, pathology, radiology, and emergency services.
(1) "Healthcare facility" means a hospital licensed under title 33 or 68;
(2) "Healthcare provider" or "provider" means a physician or other healthcare practitioner licensed or certified under title 63 to perform specialty healthcare services consistent with their scope of practice under state law; and
(3) "Specialty healthcare service" means anesthesia, pathology, radiology, and emergency services.
(b) A hospital shall not include in any billing statement to a patient any language that indicates or implies that a charge is for a specialty healthcare service that was rendered by a healthcare provider unless: (1) The charge is described in a manner that provides the patient with sufficient information to identify the healthcare provider or the specialty healthcare service rendered; and (2) (A) The costs of any supplies, equipment, or other services rendered to the patient by or at the hospital are excluded from the amount charged for the healthcare provider or the specialty healthcare service rendered; or (B) The billing statement includes language or is accompanied by a notice to inform the patient that billed amounts for services do not include charges for healthcare providers who are not employed by the healthcare facility, including anesthesiologists, emergency physicians, pathologists, and radiologists.
(1) The charge is described in a manner that provides the patient with sufficient information to identify the healthcare provider or the specialty healthcare service rendered; and
(2) (A) The costs of any supplies, equipment, or other services rendered to the patient by or at the hospital are excluded from the amount charged for the healthcare provider or the specialty healthcare service rendered; or (B) The billing statement includes language or is accompanied by a notice to inform the patient that billed amounts for services do not include charges for healthcare providers who are not employed by the healthcare facility, including anesthesiologists, emergency physicians, pathologists, and radiologists.
(A) The costs of any supplies, equipment, or other services rendered to the patient by or at the hospital are excluded from the amount charged for the healthcare provider or the specialty healthcare service rendered; or
(B) The billing statement includes language or is accompanied by a notice to inform the patient that billed amounts for services do not include charges for healthcare providers who are not employed by the healthcare facility, including anesthesiologists, emergency physicians, pathologists, and radiologists.
(c) If a healthcare provider includes a charge in a billing statement to a patient for the costs of any supplies, equipment, or other services provided by a healthcare facility, then the healthcare provider shall include with the billing statement language or an accompanying notice to inform the patient that those charges are included.
(d) A violation of subsection (b) or (c) constitutes a violation of this part as an unfair or deceptive act or practice affecting the conduct of trade or commerce and is subject to the penalties and remedies as provided by this part. Each act in violation of subsection (b) or (c) constitutes a separate violation of this part.
Added by 2019 Tenn. Acts, ch. 341,s 2, eff. 1/1/2020.
Tenn. Code Ann. § 47-18-2607 — TN Code / Title 47 / Chapter 18 / Section 47-18-2607
Applicability
Status: in_force

This part shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after June 23, 2000; provided, that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to June 23, 2000 is ineffective. Acts 2000, ch. 758, § 8.
This part shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after June 23, 2000; provided, that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to June 23, 2000 is ineffective.
Acts 2000, ch. 758, § 8.
Tenn. Code Ann. § 47-3-306 — TN Code / Title 47 / Chapter 3 / Section 47-3-306
Claims to an instrument
Status: in_force

A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument. Acts 1995, ch. 397, § 2.
A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-3-406 — TN Code / Title 47 / Chapter 3 / Section 47-3-406
Negligence contributing to forged signature or alteration of instrument
Status: in_force

(a) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection. (b) Under subsection (a), if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss. (c) Under subsection (a), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (b), the burden of proving failure to exercise ordinary care is on the person precluded. Acts 1995, ch. 397, § 2.
(a) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.
(b) Under subsection (a), if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.
(c) Under subsection (a), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (b), the burden of proving failure to exercise ordinary care is on the person precluded.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-14-116 — TN Code / Title 47 / Chapter 14 / Section 47-14-116
Usury or excessive charges - Reliance on statute, rule, or order
Status: in_force

A claim or defense based on usury or excessive loan charges, commitment fees, or brokerage commissions will not be sustained where the person against whom the claim or defense is made, in computing and making such charges, fees, or commissions, has relied on a statute, or a rule or regulation promulgated by an administrative agency, or on the final order of any such administrative agency in a proceeding involving such person. Acts 1979, ch. 203, § 15.
A claim or defense based on usury or excessive loan charges, commitment fees, or brokerage commissions will not be sustained where the person against whom the claim or defense is made, in computing and making such charges, fees, or commissions, has relied on a statute, or a rule or regulation promulgated by an administrative agency, or on the final order of any such administrative agency in a proceeding involving such person.
Acts 1979, ch. 203, § 15.
Tenn. Code Ann. § 47-18-307 — TN Code / Title 47 / Chapter 18 / Section 47-18-307
Provisions contrary to public policy
Status: in_force

Any provision in a health club agreement, or in any document signed by the buyer in connection with such agreement, whereby the buyer agrees to waive any requirement of this part, shall be void as contrary to public policy. Acts 1986, ch. 894, § 5.
Any provision in a health club agreement, or in any document signed by the buyer in connection with such agreement, whereby the buyer agrees to waive any requirement of this part, shall be void as contrary to public policy.
Acts 1986, ch. 894, § 5.
Tenn. Code Ann. § 47-2-303 — TN Code / Title 47 / Chapter 2 / Section 47-2-303
Allocation or division of risks
Status: in_force

Where this chapter allocates a risk or a burden as between the parties "unless otherwise agreed," the agreement may not only shift the allocation but may also divide the risk or burden. Acts 1963, ch. 81, § 1 (2-303).
Where this chapter allocates a risk or a burden as between the parties "unless otherwise agreed," the agreement may not only shift the allocation but may also divide the risk or burden.
Acts 1963, ch. 81, § 1 (2-303).
Tenn. Code Ann. § 47-25-406 — TN Code / Title 47 / Chapter 25 / Section 47-25-406
Remedies cumulative
Status: in_force

The remedies provided in this part are cumulative and not alternative. Acts 1933, ch. 113, § 6; C. Supp. 1950, § 6594.5 (Williams, § 6594.6); T.C.A. (orig. ed.), §§ 69-518, 47-25-418.
The remedies provided in this part are cumulative and not alternative.
Acts 1933, ch. 113, § 6; C. Supp. 1950, § 6594.5 (Williams, § 6594.6); T.C.A. (orig. ed.), §§ 69-518, 47-25-418.
Tenn. Code Ann. § 47-18-2006 — TN Code / Title 47 / Chapter 18 / Section 47-18-2006
Institution of proceedings - Costs of actions
Status: in_force

(a) The attorney general and reporter may bring any appropriate action or proceeding in any court of competent jurisdiction pursuant to this part against any cigarette manufacturer or cigarette retailer to seek redress, including injunctive relief, for violations of this part. (b) No costs shall be taxed against the attorney general and reporter or the state in actions commenced under this part. Acts 1999, ch. 111, §§ 6, 7.
(a) The attorney general and reporter may bring any appropriate action or proceeding in any court of competent jurisdiction pursuant to this part against any cigarette manufacturer or cigarette retailer to seek redress, including injunctive relief, for violations of this part.
(b) No costs shall be taxed against the attorney general and reporter or the state in actions commenced under this part.
Acts 1999, ch. 111, §§ 6, 7.
Tenn. Code Ann. § 47-7-403 — TN Code / Title 47 / Chapter 7 / Section 47-7-403
Obligation of bailee to deliver - Excuse
Status: in_force

(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c), unless and to the extent that the bailee establishes any of the following: (1) Delivery of the goods to a person whose receipt was rightful as against the claimant; (2) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable; (3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage; (4) The exercise by a seller of its right to stop delivery pursuant to § 47-2-705 or by a lessor of its right to stop delivery pursuant to § 47-2A-526 ; (5) A diversion, reconsignment, or other disposition pursuant to § 47-7-303 ; (6) Release, satisfaction, or any other personal defense against the claimant; or (7) Any other lawful excuse. (b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid. (c) Unless a person claiming the goods is a person against which the document of title does not confer a right under § 47-7-503(a) : (1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and (2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated. Acts 2008, ch. 814, § 1.
(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c), unless and to the extent that the bailee establishes any of the following: (1) Delivery of the goods to a person whose receipt was rightful as against the claimant; (2) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable; (3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage; (4) The exercise by a seller of its right to stop delivery pursuant to § 47-2-705 or by a lessor of its right to stop delivery pursuant to § 47-2A-526 ; (5) A diversion, reconsignment, or other disposition pursuant to § 47-7-303 ; (6) Release, satisfaction, or any other personal defense against the claimant; or (7) Any other lawful excuse.
(1) Delivery of the goods to a person whose receipt was rightful as against the claimant;
(2) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable;
(3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;
(4) The exercise by a seller of its right to stop delivery pursuant to § 47-2-705 or by a lessor of its right to stop delivery pursuant to § 47-2A-526 ;
(5) A diversion, reconsignment, or other disposition pursuant to § 47-7-303 ;
(6) Release, satisfaction, or any other personal defense against the claimant; or
(7) Any other lawful excuse.
(b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.
(c) Unless a person claiming the goods is a person against which the document of title does not confer a right under § 47-7-503(a) : (1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and (2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.
(1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and
(2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-1801 — TN Code / Title 47 / Chapter 18 / Section 47-18-1801
Short title
Status: in_force

This part shall be known and may be cited as the "Foreign Foods Disclosure Act of 1997." Acts 1997, ch. 244, § 1.
This part shall be known and may be cited as the "Foreign Foods Disclosure Act of 1997."
Acts 1997, ch. 244, § 1.
Tenn. Code Ann. § 47-18-110 — TN Code / Title 47 / Chapter 18 / Section 47-18-110
Limitations of actions
Status: in_force

Any action commenced pursuant to § 47-18-109 shall be brought within one (1) year from a person's discovery of the unlawful act or practice, but in no event shall an action under § 47-18-109 be brought more than five (5) years after the date of the consumer transaction giving rise to the claim for relief. Acts 1977, ch. 438, § 11; 1991, ch. 468, § 5; 2002, ch. 617, § 1.
Any action commenced pursuant to § 47-18-109 shall be brought within one (1) year from a person's discovery of the unlawful act or practice, but in no event shall an action under § 47-18-109 be brought more than five (5) years after the date of the consumer transaction giving rise to the claim for relief.
Acts 1977, ch. 438, § 11; 1991, ch. 468, § 5; 2002, ch. 617, § 1.
Tenn. Code Ann. § 47-2-320 — TN Code / Title 47 / Chapter 2 / Section 47-2-320
I.F. and C. & F. terms
Status: in_force

(1) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. & F. or C.F. means that the price so includes cost and freight to the named destination. (2) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to: (a) put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and (b) load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and (c) obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and (d) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and (e) forward and tender with commercial promptness all the documents in due form and with any endorsement necessary to perfect the buyer's rights. (3) Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance. (4) Under the term C.I.F. or C. & F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents. Acts 1963, ch. 81, § 1 (2-320).
(1) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. & F. or C.F. means that the price so includes cost and freight to the named destination.
(2) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to: (a) put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and (b) load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and (c) obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and (d) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and (e) forward and tender with commercial promptness all the documents in due form and with any endorsement necessary to perfect the buyer's rights.
(a) put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and
(b) load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and
(c) obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and
(d) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and
(e) forward and tender with commercial promptness all the documents in due form and with any endorsement necessary to perfect the buyer's rights.
(3) Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance.
(4) Under the term C.I.F. or C. & F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
Acts 1963, ch. 81, § 1 (2-320).
Tenn. Code Ann. § 47-9-204 — TN Code / Title 47 / Chapter 9 / Section 47-9-204
After-acquired property - Future advances
Status: in_force

(a) After-acquired collateral. Except as otherwise provided in subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral. (b) When after-acquired property clause not effective. A security interest does not attach under a term constituting an after-acquired property clause to: (1) consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten (10) days after the secured party gives value; or (2) a commercial tort claim. (c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment. Acts 2000, ch. 846, § 1.
(a) After-acquired collateral. Except as otherwise provided in subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral.
(b) When after-acquired property clause not effective. A security interest does not attach under a term constituting an after-acquired property clause to: (1) consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten (10) days after the secured party gives value; or (2) a commercial tort claim.
(1) consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten (10) days after the secured party gives value; or
(2) a commercial tort claim.
(c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-23-106 — TN Code / Title 47 / Chapter 23 / Section 47-23-106
Creditor to notify debtor of creditor's change of address
Status: in_force

(a) Each creditor shall notify its debtors of the creditor's change of address, within fifteen (15) days of such change of address, if failure to so notify may result in a debtor being assessed late charges or additional interest for failure to timely submit payment. (b) Each violation of subsection (a) constitutes an unfair and deceptive act and shall be subject to the procedures and penalties prescribed by chapter 18, part 1 of this title. (c) This section shall be enforced by the attorney general and reporter, in accordance with the procedures prescribed by chapter 18, part 1 of this title. Amended by 2019 Tenn. Acts, ch. 459,s 53, eff. 9/30/2019. Acts 1987, ch. 400, § 3.
(a) Each creditor shall notify its debtors of the creditor's change of address, within fifteen (15) days of such change of address, if failure to so notify may result in a debtor being assessed late charges or additional interest for failure to timely submit payment.
(b) Each violation of subsection (a) constitutes an unfair and deceptive act and shall be subject to the procedures and penalties prescribed by chapter 18, part 1 of this title.
(c) This section shall be enforced by the attorney general and reporter, in accordance with the procedures prescribed by chapter 18, part 1 of this title.
Amended by 2019 Tenn. Acts, ch. 459,s 53, eff. 9/30/2019.
Acts 1987, ch. 400, § 3.
Tenn. Code Ann. § 47-9-806 — TN Code / Title 47 / Chapter 9 / Section 47-9-806
When initial financing statement suffices to continue effectiveness of financing statement
Status: in_force

(a) Initial financing statement in lieu of continuation statement. The filing of an initial financing statement in the office specified in § 47-9-501 continues the effectiveness of a financing statement filed before this act takes effect if: (1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter as amended by this act; (2) The pre-effective-date financing statement was filed in an office in another state; and (3) The initial financing statement satisfies subsection (c). (b) Period of continued effectiveness. The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement: (1) If the initial financing statement is filed before this act takes effect, for the period provided in unamended § 47-9-515 with respect to an initial financing statement; and (2) If the initial financing statement is filed after this act takes effect, for the period provided in § 47-9-515 as amended by this act with respect to an initial financing statement. (c) Requirements for initial financing statement under subsection (a). To be effective for purposes of subsection (a), an initial financing statement must: (1) Satisfy the requirements of Part 5 of this chapter as amended by this act for an initial financing statement; (2) Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and (3) Indicate that the pre-effective-date financing statement remains effective. Acts 2012, ch. 708, § 20.
(a) Initial financing statement in lieu of continuation statement. The filing of an initial financing statement in the office specified in § 47-9-501 continues the effectiveness of a financing statement filed before this act takes effect if: (1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter as amended by this act; (2) The pre-effective-date financing statement was filed in an office in another state; and (3) The initial financing statement satisfies subsection (c).
(1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter as amended by this act;
(2) The pre-effective-date financing statement was filed in an office in another state; and
(3) The initial financing statement satisfies subsection (c).
(b) Period of continued effectiveness. The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement: (1) If the initial financing statement is filed before this act takes effect, for the period provided in unamended § 47-9-515 with respect to an initial financing statement; and (2) If the initial financing statement is filed after this act takes effect, for the period provided in § 47-9-515 as amended by this act with respect to an initial financing statement.
(1) If the initial financing statement is filed before this act takes effect, for the period provided in unamended § 47-9-515 with respect to an initial financing statement; and
(2) If the initial financing statement is filed after this act takes effect, for the period provided in § 47-9-515 as amended by this act with respect to an initial financing statement.
(c) Requirements for initial financing statement under subsection (a). To be effective for purposes of subsection (a), an initial financing statement must: (1) Satisfy the requirements of Part 5 of this chapter as amended by this act for an initial financing statement; (2) Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and (3) Indicate that the pre-effective-date financing statement remains effective.
(1) Satisfy the requirements of Part 5 of this chapter as amended by this act for an initial financing statement;
(2) Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3) Indicate that the pre-effective-date financing statement remains effective.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-26-1112 — TN Code / Title 47 / Chapter 26 / Section 47-26-1112
Revocation of certificate of registration
Status: in_force

(a) The commissioner is authorized to suspend or revoke a certificate of registration for good cause, which includes, but is not 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; or failure to accurately and completely submit required forms to the state weights and measures office in the manner prescribed. (b) The commissioner is authorized to suspend or revoke the license of any registered serviceperson/registered service agency: (1) When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part or of any regulation under this part; provided, that: (A) Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses; (B) A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and (C) The commissioner is hereby authorized, at the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may upon review of the record make such findings, conclusions and issue such order as in the commissioner's discretion the record justifies; (2) When the licensee has been convicted in any court of competent jurisdiction of violating any provision of this part or of any regulation under this part; or (3) When the licensee is convicted of any felony. Acts 1997, ch. 311, § 3.
(a) The commissioner is authorized to suspend or revoke a certificate of registration for good cause, which includes, but is not 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; or failure to accurately and completely submit required forms to the state weights and measures office in the manner prescribed.
(b) The commissioner is authorized to suspend or revoke the license of any registered serviceperson/registered service agency: (1) When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part or of any regulation under this part; provided, that: (A) Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses; (B) A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and (C) The commissioner is hereby authorized, at the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may upon review of the record make such findings, conclusions and issue such order as in the commissioner's discretion the record justifies; (2) When the licensee has been convicted in any court of competent jurisdiction of violating any provision of this part or of any regulation under this part; or (3) When the licensee is convicted of any felony.
(1) When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part or of any regulation under this part; provided, that: (A) Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses; (B) A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and (C) The commissioner is hereby authorized, at the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may upon review of the record make such findings, conclusions and issue such order as in the commissioner's discretion the record justifies;
(A) Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses;
(B) A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and
(C) The commissioner is hereby authorized, at the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may upon review of the record make such findings, conclusions and issue such order as in the commissioner's discretion the record justifies;
(2) When the licensee has been convicted in any court of competent jurisdiction of violating any provision of this part or of any regulation under this part; or
(3) When the licensee is convicted of any felony.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-2a-503 — TN Code / Title 47 / Chapter 2a / Section 47-2a-503
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) A. IN GENERAL (§§ 47-2A-501 — 47-2A-507) Section 47-2A-503 - Modification or impairment of rights and remedies
Status: in_force

(1) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter. (2) Resort to a remedy provided under this chapter or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this chapter. (3) Consequential damages may be liquidated under § 47-2A-504 , or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable. (4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this chapter. Acts 1993, ch. 398, § 1.
(1) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter.
(2) Resort to a remedy provided under this chapter or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this chapter.
(3) Consequential damages may be liquidated under § 47-2A-504 , or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.
(4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this chapter.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-1002 — TN Code / Title 47 / Chapter 18 / Section 47-18-1002
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Attorney general" means the office of the attorney general and reporter; (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Consumer" means any individual who is solicited to purchase or who purchases the services of a credit services business; (4) (A) "Consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, which is furnished or is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (i) Credit or insurance to be used primarily for personal, family, or household purposes; (ii) Employment purposes; or (iii) Other purposes which shall be limited to the following circumstances: (a) In response to the order of a court having jurisdiction to issue the order; (b) In accordance with the written instructions of the consumer to whom the report relates; or (c) To a person which the agency has reason to believe: (1) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to or review or collection of an account of, the consumer; (2) Intends to use the information for employment purposes; (3) Intends to use the information in connection with the underwriting of insurance involving the consumer; (4) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (5) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer; (B) "Consumer report" does not include: (i) Any report containing information solely as to transactions or experiences between the consumer and the person making the report; (ii) Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (iii) Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys the person's decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made, and the person makes the disclosures to the consumer as to the exact nature of the request and the effect of the report on its decision to extend credit; (5) (A) "Consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports; (B) "Consumer reporting agency" does not include a private detective or investigator licensed under title 62, chapter 26; (6) (A) "Credit services business" means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform any of the following services in return for the payment of money or other valuable consideration: (i) Improving a consumer's credit record, history, or rating; (ii) Obtaining an extension of credit for a consumer; or (iii) Providing advice or assistance to a consumer with regard to either (i) or (ii) of this subdivision (6)(A); (B) "Credit services business" does not include: (i) The making, arranging, or negotiating directly for a loan or extension of credit under the laws of this state or the United States; (ii) Any bank, trust company, savings bank, or savings institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or any credit union organized and chartered under the laws of this state or the United States; (iii) Any nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ); (iv) Any person licensed as a real estate broker by this state where the person is acting within the course and scope of that license; (v) Any person licensed to practice law in this state where the person renders services within the course and scope of that person's practice as a lawyer; (vi) Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission where the broker-dealer is acting within the course and scope of that regulation; or (vii) Any consumer reporting agency as defined in the Federal Fair Credit Reporting Act ( 15 U.S.C. §§ 1681 - 1681t ); (7) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes; (8) "File," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored; (9) "Investigative consumer report" means a consumer report or portion of it in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom the consumer is acquainted, or who may have knowledge concerning any items of information. However, the information does not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency, when the information was obtained directly from a creditor of the consumer or from the consumer; and (10) "Person" includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity. Amended by 2015 Tenn. Acts, ch. 339, s 22, eff. 7/1/2015. Acts 1988, ch. 897, § 2; 1998, ch. 854, § 1.
As used in this part, unless the context otherwise requires:
(1) "Attorney general" means the office of the attorney general and reporter;
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Consumer" means any individual who is solicited to purchase or who purchases the services of a credit services business;
(4) (A) "Consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, which is furnished or is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (i) Credit or insurance to be used primarily for personal, family, or household purposes; (ii) Employment purposes; or (iii) Other purposes which shall be limited to the following circumstances: (a) In response to the order of a court having jurisdiction to issue the order; (b) In accordance with the written instructions of the consumer to whom the report relates; or (c) To a person which the agency has reason to believe: (1) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to or review or collection of an account of, the consumer; (2) Intends to use the information for employment purposes; (3) Intends to use the information in connection with the underwriting of insurance involving the consumer; (4) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (5) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer; (B) "Consumer report" does not include: (i) Any report containing information solely as to transactions or experiences between the consumer and the person making the report; (ii) Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (iii) Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys the person's decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made, and the person makes the disclosures to the consumer as to the exact nature of the request and the effect of the report on its decision to extend credit;
(A) "Consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, which is furnished or is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (i) Credit or insurance to be used primarily for personal, family, or household purposes; (ii) Employment purposes; or (iii) Other purposes which shall be limited to the following circumstances: (a) In response to the order of a court having jurisdiction to issue the order; (b) In accordance with the written instructions of the consumer to whom the report relates; or (c) To a person which the agency has reason to believe: (1) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to or review or collection of an account of, the consumer; (2) Intends to use the information for employment purposes; (3) Intends to use the information in connection with the underwriting of insurance involving the consumer; (4) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (5) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer;
(i) Credit or insurance to be used primarily for personal, family, or household purposes;
(ii) Employment purposes; or
(iii) Other purposes which shall be limited to the following circumstances: (a) In response to the order of a court having jurisdiction to issue the order; (b) In accordance with the written instructions of the consumer to whom the report relates; or (c) To a person which the agency has reason to believe: (1) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to or review or collection of an account of, the consumer; (2) Intends to use the information for employment purposes; (3) Intends to use the information in connection with the underwriting of insurance involving the consumer; (4) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (5) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer;
(a) In response to the order of a court having jurisdiction to issue the order;
(b) In accordance with the written instructions of the consumer to whom the report relates; or
(c) To a person which the agency has reason to believe: (1) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to or review or collection of an account of, the consumer; (2) Intends to use the information for employment purposes; (3) Intends to use the information in connection with the underwriting of insurance involving the consumer; (4) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (5) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer;
(1) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to or review or collection of an account of, the consumer;
(2) Intends to use the information for employment purposes;
(3) Intends to use the information in connection with the underwriting of insurance involving the consumer;
(4) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or
(5) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer;
(B) "Consumer report" does not include: (i) Any report containing information solely as to transactions or experiences between the consumer and the person making the report; (ii) Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (iii) Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys the person's decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made, and the person makes the disclosures to the consumer as to the exact nature of the request and the effect of the report on its decision to extend credit;
(i) Any report containing information solely as to transactions or experiences between the consumer and the person making the report;
(ii) Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or
(iii) Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys the person's decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made, and the person makes the disclosures to the consumer as to the exact nature of the request and the effect of the report on its decision to extend credit;
(5) (A) "Consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports; (B) "Consumer reporting agency" does not include a private detective or investigator licensed under title 62, chapter 26;
(A) "Consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports;
(B) "Consumer reporting agency" does not include a private detective or investigator licensed under title 62, chapter 26;
(6) (A) "Credit services business" means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform any of the following services in return for the payment of money or other valuable consideration: (i) Improving a consumer's credit record, history, or rating; (ii) Obtaining an extension of credit for a consumer; or (iii) Providing advice or assistance to a consumer with regard to either (i) or (ii) of this subdivision (6)(A); (B) "Credit services business" does not include: (i) The making, arranging, or negotiating directly for a loan or extension of credit under the laws of this state or the United States; (ii) Any bank, trust company, savings bank, or savings institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or any credit union organized and chartered under the laws of this state or the United States; (iii) Any nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ); (iv) Any person licensed as a real estate broker by this state where the person is acting within the course and scope of that license; (v) Any person licensed to practice law in this state where the person renders services within the course and scope of that person's practice as a lawyer; (vi) Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission where the broker-dealer is acting within the course and scope of that regulation; or (vii) Any consumer reporting agency as defined in the Federal Fair Credit Reporting Act ( 15 U.S.C. §§ 1681 - 1681t );
(A) "Credit services business" means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform any of the following services in return for the payment of money or other valuable consideration: (i) Improving a consumer's credit record, history, or rating; (ii) Obtaining an extension of credit for a consumer; or (iii) Providing advice or assistance to a consumer with regard to either (i) or (ii) of this subdivision (6)(A);
(i) Improving a consumer's credit record, history, or rating;
(ii) Obtaining an extension of credit for a consumer; or
(iii) Providing advice or assistance to a consumer with regard to either (i) or (ii) of this subdivision (6)(A);
(B) "Credit services business" does not include: (i) The making, arranging, or negotiating directly for a loan or extension of credit under the laws of this state or the United States; (ii) Any bank, trust company, savings bank, or savings institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or any credit union organized and chartered under the laws of this state or the United States; (iii) Any nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ); (iv) Any person licensed as a real estate broker by this state where the person is acting within the course and scope of that license; (v) Any person licensed to practice law in this state where the person renders services within the course and scope of that person's practice as a lawyer; (vi) Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission where the broker-dealer is acting within the course and scope of that regulation; or (vii) Any consumer reporting agency as defined in the Federal Fair Credit Reporting Act ( 15 U.S.C. §§ 1681 - 1681t );
(i) The making, arranging, or negotiating directly for a loan or extension of credit under the laws of this state or the United States;
(ii) Any bank, trust company, savings bank, or savings institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or any credit union organized and chartered under the laws of this state or the United States;
(iii) Any nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) );
(iv) Any person licensed as a real estate broker by this state where the person is acting within the course and scope of that license;
(v) Any person licensed to practice law in this state where the person renders services within the course and scope of that person's practice as a lawyer;
(vi) Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission where the broker-dealer is acting within the course and scope of that regulation; or
(vii) Any consumer reporting agency as defined in the Federal Fair Credit Reporting Act ( 15 U.S.C. §§ 1681 - 1681t );
(7) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes;
(8) "File," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored;
(9) "Investigative consumer report" means a consumer report or portion of it in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom the consumer is acquainted, or who may have knowledge concerning any items of information. However, the information does not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency, when the information was obtained directly from a creditor of the consumer or from the consumer; and
(10) "Person" includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity.
Amended by 2015 Tenn. Acts, ch. 339, s 22, eff. 7/1/2015.
Acts 1988, ch. 897, § 2; 1998, ch. 854, § 1.
Tenn. Code Ann. § 47-18-3308 — TN Code / Title 47 / Chapter 18 / Section 47-18-3308
[Effective 7/1/2025] Processing de-identified data - Exemptions
Status: in_force

(a) The controller in possession of de-identified data shall: (1) Take reasonable measures to ensure that the data cannot be associated with a natural person; (2) Publicly commit to maintaining and using de-identified data without attempting to reidentify the data; and (3) Contractually obligate recipients of the de-identified data to comply with this part. (b) This section does not require a controller or processor to: (1) Reidentify de-identified data or pseudonymous data; (2) Maintain data in identifiable form, or collect, obtain, retain, or access data or technology, in order to be capable of associating an authenticated consumer request with personal information; or (3) Comply with an authenticated consumer rights request, pursuant to § 47-18-3304 , if: (A) The controller is not reasonably capable of associating the request with the personal information or it would be unreasonably burdensome for the controller to associate the request with the personal information; (B) The controller does not use the personal information to recognize or respond to the specific consumer who is the subject of the personal information, or associate the personal information with other personal information about the same specific consumer; and (C) The controller does not sell the personal information to a third party or otherwise voluntarily disclose the personal information to a third party other than a processor, except as otherwise permitted in this section. (c) The consumer rights contained in §§ 47-18-3304 and 47-18-3305 do not apply to pseudonymous data in cases where the controller is able to demonstrate information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing that information. (d) A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address breaches of those contractual commitments. Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
(a) The controller in possession of de-identified data shall: (1) Take reasonable measures to ensure that the data cannot be associated with a natural person; (2) Publicly commit to maintaining and using de-identified data without attempting to reidentify the data; and (3) Contractually obligate recipients of the de-identified data to comply with this part.
(1) Take reasonable measures to ensure that the data cannot be associated with a natural person;
(2) Publicly commit to maintaining and using de-identified data without attempting to reidentify the data; and
(3) Contractually obligate recipients of the de-identified data to comply with this part.
(b) This section does not require a controller or processor to: (1) Reidentify de-identified data or pseudonymous data; (2) Maintain data in identifiable form, or collect, obtain, retain, or access data or technology, in order to be capable of associating an authenticated consumer request with personal information; or (3) Comply with an authenticated consumer rights request, pursuant to § 47-18-3304 , if: (A) The controller is not reasonably capable of associating the request with the personal information or it would be unreasonably burdensome for the controller to associate the request with the personal information; (B) The controller does not use the personal information to recognize or respond to the specific consumer who is the subject of the personal information, or associate the personal information with other personal information about the same specific consumer; and (C) The controller does not sell the personal information to a third party or otherwise voluntarily disclose the personal information to a third party other than a processor, except as otherwise permitted in this section.
(1) Reidentify de-identified data or pseudonymous data;
(2) Maintain data in identifiable form, or collect, obtain, retain, or access data or technology, in order to be capable of associating an authenticated consumer request with personal information; or
(3) Comply with an authenticated consumer rights request, pursuant to § 47-18-3304 , if: (A) The controller is not reasonably capable of associating the request with the personal information or it would be unreasonably burdensome for the controller to associate the request with the personal information; (B) The controller does not use the personal information to recognize or respond to the specific consumer who is the subject of the personal information, or associate the personal information with other personal information about the same specific consumer; and (C) The controller does not sell the personal information to a third party or otherwise voluntarily disclose the personal information to a third party other than a processor, except as otherwise permitted in this section.
(A) The controller is not reasonably capable of associating the request with the personal information or it would be unreasonably burdensome for the controller to associate the request with the personal information;
(B) The controller does not use the personal information to recognize or respond to the specific consumer who is the subject of the personal information, or associate the personal information with other personal information about the same specific consumer; and
(C) The controller does not sell the personal information to a third party or otherwise voluntarily disclose the personal information to a third party other than a processor, except as otherwise permitted in this section.
(c) The consumer rights contained in §§ 47-18-3304 and 47-18-3305 do not apply to pseudonymous data in cases where the controller is able to demonstrate information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing that information.
(d) A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address breaches of those contractual commitments.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
Tenn. Code Ann. § 47-18-3003 — TN Code / Title 47 / Chapter 18 / Section 47-18-3003
Prohibited uses of protected health information for purpose of soliciting individual for legal services
Status: in_force

(a) A person shall not use, cause to be used, obtain, sell, transfer, or disclose protected health information to another person for the purpose of soliciting an individual for legal services without written authorization from the individual who is the subject of the information. (b) In addition to any other remedy provided by law: (1) A person who willfully and knowingly uses, causes to be used, obtains, sells, transfers, or discloses protected health information in violation of this section commits a Class A misdemeanor, punishable by a fine of one thousand dollars ($1,000), imprisonment, or both; and (2) A person who violates this section with the intent to use, cause to be used, obtain, sell, transfer, or disclose protected health information for the purpose of financial gain commits a Class C felony, punishable by a fine not to exceed two hundred fifty thousand dollars ($250,000), imprisonment of not less than three (3) years nor more than ten (10) years, or both. (c) This section does not apply to the use or disclosure of protected health information to an individual's legal representative in the course of any judicial or administrative proceeding, or as otherwise permitted or required by law. Acts 2019, ch. 119, § 1.
(a) A person shall not use, cause to be used, obtain, sell, transfer, or disclose protected health information to another person for the purpose of soliciting an individual for legal services without written authorization from the individual who is the subject of the information.
(b) In addition to any other remedy provided by law: (1) A person who willfully and knowingly uses, causes to be used, obtains, sells, transfers, or discloses protected health information in violation of this section commits a Class A misdemeanor, punishable by a fine of one thousand dollars ($1,000), imprisonment, or both; and (2) A person who violates this section with the intent to use, cause to be used, obtain, sell, transfer, or disclose protected health information for the purpose of financial gain commits a Class C felony, punishable by a fine not to exceed two hundred fifty thousand dollars ($250,000), imprisonment of not less than three (3) years nor more than ten (10) years, or both.
(1) A person who willfully and knowingly uses, causes to be used, obtains, sells, transfers, or discloses protected health information in violation of this section commits a Class A misdemeanor, punishable by a fine of one thousand dollars ($1,000), imprisonment, or both; and
(2) A person who violates this section with the intent to use, cause to be used, obtain, sell, transfer, or disclose protected health information for the purpose of financial gain commits a Class C felony, punishable by a fine not to exceed two hundred fifty thousand dollars ($250,000), imprisonment of not less than three (3) years nor more than ten (10) years, or both.
(c) This section does not apply to the use or disclosure of protected health information to an individual's legal representative in the course of any judicial or administrative proceeding, or as otherwise permitted or required by law.
Acts 2019, ch. 119, § 1.
Tenn. Code Ann. § 47-4a-202 — TN Code / Title 47 / Chapter 4a / Section 47-4a-202
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 2 - ISSUE AND ACCEPTANCE OF PAYMENT ORDER (§§ 47-4A-201 — 47-4A-212) Section 47-4A-202 - Authorized and verified payment orders
Status: in_force

(a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency. (b) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if: (i) The security procedure is a commercially reasonable method of providing security against unauthorized payment orders; and (ii) The bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted. (c) Commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank, alternative security procedures offered to the customer, and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if: (i) The security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer; and (ii) The customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer. (d) The term "sender" in this chapter includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (a), or it is effective as the order of the customer under subsection (b). (e) This section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders. (f) Except as provided in this section and in § 47-4A-203(a)(1) , rights and obligations arising under this section or § 47-4A-203 may not be varied by agreement. Acts 1991, ch. 52, § 1.
(a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency.
(b) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if: (i) The security procedure is a commercially reasonable method of providing security against unauthorized payment orders; and (ii) The bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
(i) The security procedure is a commercially reasonable method of providing security against unauthorized payment orders; and
(ii) The bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
(c) Commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank, alternative security procedures offered to the customer, and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if: (i) The security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer; and (ii) The customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.
(i) The security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer; and
(ii) The customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.
(d) The term "sender" in this chapter includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (a), or it is effective as the order of the customer under subsection (b).
(e) This section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.
(f) Except as provided in this section and in § 47-4A-203(a)(1) , rights and obligations arising under this section or § 47-4A-203 may not be varied by agreement.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-18-604 — TN Code / Title 47 / Chapter 18 / Section 47-18-604
Required disclosures
Status: in_force

(a) For each rental-purchase agreement, the lessor shall disclose the following items as applicable: (1) A brief description of the leased property, sufficient to identify the property to the consumer and lessor; (2) The number, amount, and timing of all lease payments necessary to acquire ownership of the property; (3) The maximum amount of all initial and periodic payments and other charges to acquire ownership of the property pursuant to the ownership provisions of the rental-purchase agreement; (4) A statement that the consumer will not own the property until the consumer has made the number of payments and the total of payments necessary to acquire ownership; (5) A statement that the total of payments does not include other charges, such as late payment, default, pickup, and reinstatement fees, and that the consumer should see the contract for an explanation of these charges; (6) If applicable, a statement that the consumer is responsible for the fair market value of the property if it is lost, stolen, damaged, or destroyed; (7) A statement indicating whether the property is new or used; however, a statement that indicates new property is used is not a violation of this part; (8) A statement of the cash price of the property. Where the agreement involves a lease for five (5) or more items, a statement of the aggregate cash price of all items shall satisfy this requirement; (9) The total of initial payments required to be paid before consummation of the agreement or delivery of the property, whichever is later; (10) A statement clearly summarizing the terms of the consumer's options to purchase; (11) A statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with the description of that responsibility and a statement that, if any part of a manufacturer's express warranty covers the leased property at the time the consumer acquires ownership of the property, it will be transferred to the consumer, if allowed by the terms of the warranty; and (12) The date of the transaction and the identities of the lessor and consumer. (b) With respect to matters specifically governed by the federal Consumer Credit Protection Act, compliance with such act satisfies the requirements of this section. (c) Subsection (a) does not apply to a lessor who complies with the disclosure requirements of Section 182 of the federal Consumer Credit Protection Act, 15 U.S.C. § 1667a , 90 Stat. 258, with respect to a rental-purchase agreement entered into with a consumer. Acts 1987, ch. 225, § 5.
(a) For each rental-purchase agreement, the lessor shall disclose the following items as applicable: (1) A brief description of the leased property, sufficient to identify the property to the consumer and lessor; (2) The number, amount, and timing of all lease payments necessary to acquire ownership of the property; (3) The maximum amount of all initial and periodic payments and other charges to acquire ownership of the property pursuant to the ownership provisions of the rental-purchase agreement; (4) A statement that the consumer will not own the property until the consumer has made the number of payments and the total of payments necessary to acquire ownership; (5) A statement that the total of payments does not include other charges, such as late payment, default, pickup, and reinstatement fees, and that the consumer should see the contract for an explanation of these charges; (6) If applicable, a statement that the consumer is responsible for the fair market value of the property if it is lost, stolen, damaged, or destroyed; (7) A statement indicating whether the property is new or used; however, a statement that indicates new property is used is not a violation of this part; (8) A statement of the cash price of the property. Where the agreement involves a lease for five (5) or more items, a statement of the aggregate cash price of all items shall satisfy this requirement; (9) The total of initial payments required to be paid before consummation of the agreement or delivery of the property, whichever is later; (10) A statement clearly summarizing the terms of the consumer's options to purchase; (11) A statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with the description of that responsibility and a statement that, if any part of a manufacturer's express warranty covers the leased property at the time the consumer acquires ownership of the property, it will be transferred to the consumer, if allowed by the terms of the warranty; and (12) The date of the transaction and the identities of the lessor and consumer.
(1) A brief description of the leased property, sufficient to identify the property to the consumer and lessor;
(2) The number, amount, and timing of all lease payments necessary to acquire ownership of the property;
(3) The maximum amount of all initial and periodic payments and other charges to acquire ownership of the property pursuant to the ownership provisions of the rental-purchase agreement;
(4) A statement that the consumer will not own the property until the consumer has made the number of payments and the total of payments necessary to acquire ownership;
(5) A statement that the total of payments does not include other charges, such as late payment, default, pickup, and reinstatement fees, and that the consumer should see the contract for an explanation of these charges;
(6) If applicable, a statement that the consumer is responsible for the fair market value of the property if it is lost, stolen, damaged, or destroyed;
(7) A statement indicating whether the property is new or used; however, a statement that indicates new property is used is not a violation of this part;
(8) A statement of the cash price of the property. Where the agreement involves a lease for five (5) or more items, a statement of the aggregate cash price of all items shall satisfy this requirement;
(9) The total of initial payments required to be paid before consummation of the agreement or delivery of the property, whichever is later;
(10) A statement clearly summarizing the terms of the consumer's options to purchase;
(11) A statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with the description of that responsibility and a statement that, if any part of a manufacturer's express warranty covers the leased property at the time the consumer acquires ownership of the property, it will be transferred to the consumer, if allowed by the terms of the warranty; and
(12) The date of the transaction and the identities of the lessor and consumer.
(b) With respect to matters specifically governed by the federal Consumer Credit Protection Act, compliance with such act satisfies the requirements of this section.
(c) Subsection (a) does not apply to a lessor who complies with the disclosure requirements of Section 182 of the federal Consumer Credit Protection Act, 15 U.S.C. § 1667a , 90 Stat. 258, with respect to a rental-purchase agreement entered into with a consumer.
Acts 1987, ch. 225, § 5.
Tenn. Code Ann. § 47-30-101 — TN Code / Title 47 / Chapter 30 / Section 47-30-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Home Equity Conversion Mortgage Act." Acts 1993, ch. 410, § 2.
This chapter shall be known and may be cited as the "Home Equity Conversion Mortgage Act."
Acts 1993, ch. 410, § 2.
Tenn. Code Ann. § 47-2-610 — TN Code / Title 47 / Chapter 2 / Section 47-2-610
Anticipatory repudiation
Status: in_force

When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may: (a) for a commercially reasonable time await performance by the repudiating party; or (b) resort to any remedy for breach (§ 47-2-703 or § 47-2-711 ), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and (c) in either case suspend his own performance or proceed in accordance with the provisions of this chapter on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (§ 47-2-704 ). Acts 1963, ch. 81, § 1 (2-610).
When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:
(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach (§ 47-2-703 or § 47-2-711 ), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and
(c) in either case suspend his own performance or proceed in accordance with the provisions of this chapter on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (§ 47-2-704 ).
Acts 1963, ch. 81, § 1 (2-610).
Tenn. Code Ann. § 47-8-209 — TN Code / Title 47 / Chapter 8 / Section 47-8-209
Issuer's lien
Status: in_force

A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted conspicuously on the security certificate. Acts 1997, ch. 79, § 1.
A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted conspicuously on the security certificate.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-25-405 — TN Code / Title 47 / Chapter 25 / Section 47-25-405
Penalty
Status: in_force

Any person violating any of the provisions of this part commits a Class C misdemeanor. Acts 1933, ch. 113, § 3; C. Supp. 1950, § 6594.3; T.C.A. (orig. ed.), §§ 69-517, 47-25-417; Acts 1989, ch. 591, § 113.
Any person violating any of the provisions of this part commits a Class C misdemeanor.
Acts 1933, ch. 113, § 3; C. Supp. 1950, § 6594.3; T.C.A. (orig. ed.), §§ 69-517, 47-25-417; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 47-18-508 — TN Code / Title 47 / Chapter 18 / Section 47-18-508
Requirements nonwaivable
Status: in_force

Any waiver by the member of this part shall be deemed contrary to public policy and shall be void and unenforceable. Acts 1986, ch. 863, § 1.
Any waiver by the member of this part shall be deemed contrary to public policy and shall be void and unenforceable.
Acts 1986, ch. 863, § 1.
Tenn. Code Ann. § 47-9-304 — TN Code / Title 47 / Chapter 9 / Section 47-9-304
Law governing perfection and priority of security interests in deposit accounts
Status: in_force

(a) Law of bank's jurisdiction governs. The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank. (b) Bank's jurisdiction. The following rules determine a bank's jurisdiction for purposes of this part: (1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this part, this chapter, or the Uniform Commercial Code, that jurisdiction is the bank's jurisdiction. (2) If paragraph (1) does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction. (3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction. (4) If none of the preceding paragraphs applies, the bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located. (5) If none of the preceding paragraphs applies, the bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located. Acts 2000, ch. 846, § 1.
(a) Law of bank's jurisdiction governs. The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank.
(b) Bank's jurisdiction. The following rules determine a bank's jurisdiction for purposes of this part: (1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this part, this chapter, or the Uniform Commercial Code, that jurisdiction is the bank's jurisdiction. (2) If paragraph (1) does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction. (3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction. (4) If none of the preceding paragraphs applies, the bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located. (5) If none of the preceding paragraphs applies, the bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located.
(1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this part, this chapter, or the Uniform Commercial Code, that jurisdiction is the bank's jurisdiction.
(2) If paragraph (1) does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction.
(3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction.
(4) If none of the preceding paragraphs applies, the bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located.
(5) If none of the preceding paragraphs applies, the bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-9-707 — TN Code / Title 47 / Chapter 9 / Section 47-9-707
Amendment of pre-effective-date financing statement
Status: in_force

(a) Pre-effective date financing statement. In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001. (b) Applicable law. After July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed. (c) Method of amending: general rule. Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2001 only if: (1) the pre-effective-date financing statement and an amendment are filed in the office specified in § 47-9-501 ; (2) an amendment is filed in the office specified in § 47-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 47-9-706(c) ; or (3) an initial financing statement that provides the information as amended and satisfies § 47-9-706(c) is filed in the office specified in § 47-9-501 . (d) Method of amending: continuation. If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under § 47-9-705(d) and (f) or § 47-9-706 . (e) Method of amending: additional termination rule. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after July 1, 2001, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies § 47-9-706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in part 3 of this chapter as the office in which to file a financing statement. Acts 2000, ch. 846, § 1.
(a) Pre-effective date financing statement. In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001.
(b) Applicable law. After July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending: general rule. Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2001 only if: (1) the pre-effective-date financing statement and an amendment are filed in the office specified in § 47-9-501 ; (2) an amendment is filed in the office specified in § 47-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 47-9-706(c) ; or (3) an initial financing statement that provides the information as amended and satisfies § 47-9-706(c) is filed in the office specified in § 47-9-501 .
(1) the pre-effective-date financing statement and an amendment are filed in the office specified in § 47-9-501 ;
(2) an amendment is filed in the office specified in § 47-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 47-9-706(c) ; or
(3) an initial financing statement that provides the information as amended and satisfies § 47-9-706(c) is filed in the office specified in § 47-9-501 .
(d) Method of amending: continuation. If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under § 47-9-705(d) and (f) or § 47-9-706 .
(e) Method of amending: additional termination rule. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after July 1, 2001, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies § 47-9-706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in part 3 of this chapter as the office in which to file a financing statement.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-2-509 — TN Code / Title 47 / Chapter 2 / Section 47-2-509
Risk of loss in the absence of breach
Status: in_force

(1) Where the contract requires or authorizes the seller to ship the goods by carrier: (A) If it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (§ 47-2-505 ); but (B) If it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery. (2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer: (A) On his receipt of possession or control of a negotiable document of title covering the goods; or (B) On acknowledgment by the bailee of the buyer's right to possession of the goods; or (C) After his receipt of possession or control of a non-negotiable document of title or other direction to deliver in a record, as provided in § 47-2-503(4)(B) . (3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery. (4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this chapter on sale on approval (§ 47-2-327 ) and on effect of breach on risk of loss (§ 47-2-510 ). Acts 1963, ch. 81, § 1 (2-509); Acts 2008, ch. 814, § 12.
(1) Where the contract requires or authorizes the seller to ship the goods by carrier: (A) If it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (§ 47-2-505 ); but (B) If it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
(A) If it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (§ 47-2-505 ); but
(B) If it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer: (A) On his receipt of possession or control of a negotiable document of title covering the goods; or (B) On acknowledgment by the bailee of the buyer's right to possession of the goods; or (C) After his receipt of possession or control of a non-negotiable document of title or other direction to deliver in a record, as provided in § 47-2-503(4)(B) .
(A) On his receipt of possession or control of a negotiable document of title covering the goods; or
(B) On acknowledgment by the bailee of the buyer's right to possession of the goods; or
(C) After his receipt of possession or control of a non-negotiable document of title or other direction to deliver in a record, as provided in § 47-2-503(4)(B) .
(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this chapter on sale on approval (§ 47-2-327 ) and on effect of breach on risk of loss (§ 47-2-510 ).
Acts 1963, ch. 81, § 1 (2-509); Acts 2008, ch. 814, § 12.
Tenn. Code Ann. § 47-7-207 — TN Code / Title 47 / Chapter 7 / Section 47-7-207
Goods must be kept separate - Fungible goods
Status: in_force

(a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled. (b) If different lots of fungible goods are commingled, the goods are owned in common by the persons entitled thereto and the warehouse is severally liable to each owner for that owner's share. If, because of overissue, a mass of fungible goods is insufficient to meet all the receipts the warehouse has issued against it, the persons entitled include all holders to which overissued receipts have been duly negotiated. Acts 2008, ch. 814, § 1.
(a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled.
(b) If different lots of fungible goods are commingled, the goods are owned in common by the persons entitled thereto and the warehouse is severally liable to each owner for that owner's share. If, because of overissue, a mass of fungible goods is insufficient to meet all the receipts the warehouse has issued against it, the persons entitled include all holders to which overissued receipts have been duly negotiated.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-26-1005 — TN Code / Title 47 / Chapter 26 / Section 47-26-1005
License application
Status: in_force

Using a form provided by the commissioner, the applicant for a license as a public weighmaster shall furnish evidence that the applicant has the qualifications required by this part and regulations promulgated under this part. It shall be the responsibility of an individual to request a license application form prior to engaging in public weighing. Acts 1997, ch. 311, § 2.
Using a form provided by the commissioner, the applicant for a license as a public weighmaster shall furnish evidence that the applicant has the qualifications required by this part and regulations promulgated under this part. It shall be the responsibility of an individual to request a license application form prior to engaging in public weighing.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-25-1102 — TN Code / Title 47 / Chapter 25 / Section 47-25-1102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Definable group" means an assemblage of individuals existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team; (2) "Individual" means human being, living or dead; (3) "Likeness" means the use of an image of an individual for commercial purposes; (4) "Person" means any individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, community, civic, or other organizations; (5) "Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual, so that the individual is readily identifiable; and (6) "Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual. Amended by 2024 Tenn. Acts, ch. 588,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 588,s 2, eff. 7/1/2024. Acts 1984, ch. 945, § 2.
As used in this part, unless the context otherwise requires:
(1) "Definable group" means an assemblage of individuals existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team;
(2) "Individual" means human being, living or dead;
(3) "Likeness" means the use of an image of an individual for commercial purposes;
(4) "Person" means any individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, community, civic, or other organizations;
(5) "Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual, so that the individual is readily identifiable; and
(6) "Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.
Amended by 2024 Tenn. Acts, ch. 588,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 588,s 2, eff. 7/1/2024.
Acts 1984, ch. 945, § 2.
Tenn. Code Ann. § 47-11-106 — TN Code / Title 47 / Chapter 11 / Section 47-11-106
Transfer of contracts
Status: in_force

Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or retail charge agreement to any person, firm, or corporation on such terms and conditions and for such price as may be mutually agreed upon. Acts 1961, ch. 110, § 1; T.C.A., § 47-1906; Acts 1963, ch. 81, § 1 (10-104).
Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or retail charge agreement to any person, firm, or corporation on such terms and conditions and for such price as may be mutually agreed upon.
Acts 1961, ch. 110, § 1; T.C.A., § 47-1906; Acts 1963, ch. 81, § 1 (10-104).
Tenn. Code Ann. § 47-18-3402 — TN Code / Title 47 / Chapter 18 / Section 47-18-3402
Repair of complex rehabilitation technology wheelchairs or manual wheelchairs - Parts and instructions available to independent repair providers or owner manufacturer documentation - Applicability and exclusions
Status: in_force

(a) An authorized complex rehabilitation technology supplier shall repair a complex rehabilitation technology wheelchair or manual wheelchair that the supplier sold to the consumer unless: (1) The consumer has moved outside of the original supplier's service area; (2) The repair is needed as the result of damage caused by consumer abuse or misuse of the complex rehabilitation technology that restricts the consumer's health insurance coverage, and the consumer refuses to pay for the repair; or (3) The consumer, or the consumer's representative, poses a potential threat to the health and safety of the supplier. (b) For purposes of providing services for equipment in this state, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer's equipment any manufacturer documentation or tool that is intended for use with the equipment or any part described in subdivisions (d)(1)-(11), including updates to documentation, parts, or tools. (c) With respect to any equipment or part described in subdivisions (d)(1)-(11) that contains an electronic security lock or other security-related function, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner manufacturer documentation, part, or tool needed to reset the lock or function of the equipment when disabled in the course of providing services. The manufacturer may make the documentation, parts, or tools available to an independent repair provider or owner through appropriate secure release systems. (d) A consumer who owns a power wheelchair may choose to self-repair the power wheelchair or have repairs performed by an independent repair provider. This subsection (d) applies to the following items: (1) Batteries; (2) Battery chargers; (3) Nonprogrammable joysticks; (4) Joystick housings or brackets; (5) Wheel assembly; (6) Nonpositioning accessories; (7) Anti-tip devices; (8) Armrests, excluding positioning components designed for adjustment by a therapist or assistive technology professional; (9) Caster spheres; (10) Cosmetic shrouding; and (11) Nonpower leg lowerers. (e) A consumer who owns a manual wheelchair can choose to self-repair the manual wheelchair or have repairs performed by an independent repair provider. This subsection (e) applies to all repairs, except those that require clinical involvement. (f) This section does not require an original equipment manufacturer to divulge a trade secret, except as necessary to provide documentation, parts, tools, service access methods, and training courses and materials on fair and reasonable terms. (g) An original equipment manufacturer is not liable for faulty or otherwise improper repairs provided by an independent repair provider or owner, including faulty or otherwise improper repairs that cause: (1) Damage to the power wheelchair that occurs during the repair; (2) Indirect, incidental, special, or consequential damage; or (3) An inability to use, or a reduced functionality of, a power wheelchair resulting from the repair. (h) The department of commerce and insurance shall develop an attestation statement that the authorized complex rehabilitation technology supplier must submit affirming compliance with the applicable repair and service requirements of this section. (i) An authorized complex rehabilitation technology supplier may offer preventative maintenance visits at the supplier's discretion, and such maintenance visits may be performed when the supplier is repairing the equipment for an unrelated issue. (j) This section does not apply to a repair by an independent repair provider that would require programmability or clinical involvement to ensure appropriate patient seating and positioning. Added by 2024 Tenn. Acts, ch. 1050,s 1, eff. 7/1/2024.
(a) An authorized complex rehabilitation technology supplier shall repair a complex rehabilitation technology wheelchair or manual wheelchair that the supplier sold to the consumer unless: (1) The consumer has moved outside of the original supplier's service area; (2) The repair is needed as the result of damage caused by consumer abuse or misuse of the complex rehabilitation technology that restricts the consumer's health insurance coverage, and the consumer refuses to pay for the repair; or (3) The consumer, or the consumer's representative, poses a potential threat to the health and safety of the supplier.
(1) The consumer has moved outside of the original supplier's service area;
(2) The repair is needed as the result of damage caused by consumer abuse or misuse of the complex rehabilitation technology that restricts the consumer's health insurance coverage, and the consumer refuses to pay for the repair; or
(3) The consumer, or the consumer's representative, poses a potential threat to the health and safety of the supplier.
(b) For purposes of providing services for equipment in this state, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer's equipment any manufacturer documentation or tool that is intended for use with the equipment or any part described in subdivisions (d)(1)-(11), including updates to documentation, parts, or tools.
(c) With respect to any equipment or part described in subdivisions (d)(1)-(11) that contains an electronic security lock or other security-related function, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner manufacturer documentation, part, or tool needed to reset the lock or function of the equipment when disabled in the course of providing services. The manufacturer may make the documentation, parts, or tools available to an independent repair provider or owner through appropriate secure release systems.
(d) A consumer who owns a power wheelchair may choose to self-repair the power wheelchair or have repairs performed by an independent repair provider. This subsection (d) applies to the following items: (1) Batteries; (2) Battery chargers; (3) Nonprogrammable joysticks; (4) Joystick housings or brackets; (5) Wheel assembly; (6) Nonpositioning accessories; (7) Anti-tip devices; (8) Armrests, excluding positioning components designed for adjustment by a therapist or assistive technology professional; (9) Caster spheres; (10) Cosmetic shrouding; and (11) Nonpower leg lowerers.
(1) Batteries;
(2) Battery chargers;
(3) Nonprogrammable joysticks;
(4) Joystick housings or brackets;
(5) Wheel assembly;
(6) Nonpositioning accessories;
(7) Anti-tip devices;
(8) Armrests, excluding positioning components designed for adjustment by a therapist or assistive technology professional;
(9) Caster spheres;
(10) Cosmetic shrouding; and
(11) Nonpower leg lowerers.
(e) A consumer who owns a manual wheelchair can choose to self-repair the manual wheelchair or have repairs performed by an independent repair provider. This subsection (e) applies to all repairs, except those that require clinical involvement.
(f) This section does not require an original equipment manufacturer to divulge a trade secret, except as necessary to provide documentation, parts, tools, service access methods, and training courses and materials on fair and reasonable terms.
(g) An original equipment manufacturer is not liable for faulty or otherwise improper repairs provided by an independent repair provider or owner, including faulty or otherwise improper repairs that cause: (1) Damage to the power wheelchair that occurs during the repair; (2) Indirect, incidental, special, or consequential damage; or (3) An inability to use, or a reduced functionality of, a power wheelchair resulting from the repair.
(1) Damage to the power wheelchair that occurs during the repair;
(2) Indirect, incidental, special, or consequential damage; or
(3) An inability to use, or a reduced functionality of, a power wheelchair resulting from the repair.
(h) The department of commerce and insurance shall develop an attestation statement that the authorized complex rehabilitation technology supplier must submit affirming compliance with the applicable repair and service requirements of this section.
(i) An authorized complex rehabilitation technology supplier may offer preventative maintenance visits at the supplier's discretion, and such maintenance visits may be performed when the supplier is repairing the equipment for an unrelated issue.
(j) This section does not apply to a repair by an independent repair provider that would require programmability or clinical involvement to ensure appropriate patient seating and positioning.
Added by 2024 Tenn. Acts, ch. 1050,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 47-18-129 — TN Code / Title 47 / Chapter 18 / Section 47-18-129
Sale or gift of certain novelty lighters prohibited
Status: in_force

(a) No supplier of novelty cigarette lighters in this state, including a manufacturer, distributor, importer, retailer or anyone giving away lighters as prizes or promotions, shall sell or give away an operable novelty lighter. This prohibition does not apply to the transportation of novelty lighters through this state or the storage of novelty lighters in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales. (b) This section shall not apply to cigarette lighters that were made before January 1, 1980, or that are considered to be collectable items. (c) "Novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that has entertaining audio or visual effects, or that resembles, in physical form or function, articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger. This includes, but is not limited to, lighters that resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food or beverages, or that play musical notes or have flashing lights or other entertaining features. A novelty lighter may operate on any fuel, including butane or liquid fuel. (d) Any violation of this section is a prohibited practice under § 47-18-104 . (e) The commissioner of commerce and insurance is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2008, ch. 798, § 1.
(a) No supplier of novelty cigarette lighters in this state, including a manufacturer, distributor, importer, retailer or anyone giving away lighters as prizes or promotions, shall sell or give away an operable novelty lighter. This prohibition does not apply to the transportation of novelty lighters through this state or the storage of novelty lighters in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales.
(b) This section shall not apply to cigarette lighters that were made before January 1, 1980, or that are considered to be collectable items.
(c) "Novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that has entertaining audio or visual effects, or that resembles, in physical form or function, articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger. This includes, but is not limited to, lighters that resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food or beverages, or that play musical notes or have flashing lights or other entertaining features. A novelty lighter may operate on any fuel, including butane or liquid fuel.
(d) Any violation of this section is a prohibited practice under § 47-18-104 .
(e) The commissioner of commerce and insurance is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2008, ch. 798, § 1.
Tenn. Code Ann. § 47-25-1401 — TN Code / Title 47 / Chapter 25 / Section 47-25-1401
Disposal of dies, molds, and forms
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Customer" means any individual or entity who causes or caused a molder to: (A) Fabricate, cast, or otherwise make a die, mold, or form; or (B) Use a die, mold, or form to manufacture, assemble, or otherwise make a product or products; (2) (A) "Molder" means any individual or entity, including, but not limited to, a tool or die maker who: (i) Fabricates, casts, or otherwise makes a die, mold, or form; or (ii) Uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products; (B) "Molder" shall not be construed to include individuals or entities who fabricate, cast, otherwise make or use plates, types, or other such forms in the reproduction of printed or graphic arts material; and (3) "Within three (3) years following the last prior use" includes any period following the last prior use of any die, mold, or form. (b) This section shall not apply where a molder retains title to and possession of a die, mold, or form. Nothing in this section shall be construed to grant a customer any rights, title, or interest to a die, mold, or form. (c) Unless otherwise agreed in writing, if a customer does not take possession from a molder of a die, mold, or form situated in this jurisdiction within three (3) years following the last prior use thereof, all of the customer's rights, title, and interest to such die, mold, or form may be transferred by operation of law to the molder for the purpose of destroying such die, mold, or form, consistent with this section. (d) If a molder chooses to have all rights, title, and interest to any die, mold, or form transferred to the molder by operation of law, the molder shall send written notice by registered mail, return receipt requested, to its customer at the address, if any, indicated in the agreement pursuant to which the molder obtained possession of the die, mold, or form and to the customer's last known address, indicating that the molder intends to terminate all of the customer's rights, title, and interest by having all such rights, title, and interest transferred to the molder by operation of law pursuant to this section; provided, that if the customer designates in writing an address to which the written notice must be sent, the molder must send the notice to such address. (e) If a customer does not take possession of the particular die, mold, or form within one hundred twenty (120) days following the date the molder receives acknowledgement or nonacknowledgement of the return receipt of such notice, or does not make other contractual arrangements with the molder for taking possession or for the storage thereof, all rights, title, and interest of the customer shall transfer by law to the molder. Thereafter, the molder shall be entitled to destroy the particular die, mold, or form as the molder's own property without any risk of liability to the customer, except that this section shall not be construed in any manner to affect the right of the customer under federal patent or copyright law, or any state or federal law, pertaining to unfair competition. Acts 1983, ch. 169, §§ 1-5; T.C.A., §§ 47-27-101 -- 47-27-105, 47-50-113.
(a) As used in this section, unless the context otherwise requires: (1) "Customer" means any individual or entity who causes or caused a molder to: (A) Fabricate, cast, or otherwise make a die, mold, or form; or (B) Use a die, mold, or form to manufacture, assemble, or otherwise make a product or products; (2) (A) "Molder" means any individual or entity, including, but not limited to, a tool or die maker who: (i) Fabricates, casts, or otherwise makes a die, mold, or form; or (ii) Uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products; (B) "Molder" shall not be construed to include individuals or entities who fabricate, cast, otherwise make or use plates, types, or other such forms in the reproduction of printed or graphic arts material; and (3) "Within three (3) years following the last prior use" includes any period following the last prior use of any die, mold, or form.
(1) "Customer" means any individual or entity who causes or caused a molder to: (A) Fabricate, cast, or otherwise make a die, mold, or form; or (B) Use a die, mold, or form to manufacture, assemble, or otherwise make a product or products;
(A) Fabricate, cast, or otherwise make a die, mold, or form; or
(B) Use a die, mold, or form to manufacture, assemble, or otherwise make a product or products;
(2) (A) "Molder" means any individual or entity, including, but not limited to, a tool or die maker who: (i) Fabricates, casts, or otherwise makes a die, mold, or form; or (ii) Uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products; (B) "Molder" shall not be construed to include individuals or entities who fabricate, cast, otherwise make or use plates, types, or other such forms in the reproduction of printed or graphic arts material; and
(A) "Molder" means any individual or entity, including, but not limited to, a tool or die maker who: (i) Fabricates, casts, or otherwise makes a die, mold, or form; or (ii) Uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products;
(i) Fabricates, casts, or otherwise makes a die, mold, or form; or
(ii) Uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products;
(B) "Molder" shall not be construed to include individuals or entities who fabricate, cast, otherwise make or use plates, types, or other such forms in the reproduction of printed or graphic arts material; and
(3) "Within three (3) years following the last prior use" includes any period following the last prior use of any die, mold, or form.
(b) This section shall not apply where a molder retains title to and possession of a die, mold, or form. Nothing in this section shall be construed to grant a customer any rights, title, or interest to a die, mold, or form.
(c) Unless otherwise agreed in writing, if a customer does not take possession from a molder of a die, mold, or form situated in this jurisdiction within three (3) years following the last prior use thereof, all of the customer's rights, title, and interest to such die, mold, or form may be transferred by operation of law to the molder for the purpose of destroying such die, mold, or form, consistent with this section.
(d) If a molder chooses to have all rights, title, and interest to any die, mold, or form transferred to the molder by operation of law, the molder shall send written notice by registered mail, return receipt requested, to its customer at the address, if any, indicated in the agreement pursuant to which the molder obtained possession of the die, mold, or form and to the customer's last known address, indicating that the molder intends to terminate all of the customer's rights, title, and interest by having all such rights, title, and interest transferred to the molder by operation of law pursuant to this section; provided, that if the customer designates in writing an address to which the written notice must be sent, the molder must send the notice to such address.
(e) If a customer does not take possession of the particular die, mold, or form within one hundred twenty (120) days following the date the molder receives acknowledgement or nonacknowledgement of the return receipt of such notice, or does not make other contractual arrangements with the molder for taking possession or for the storage thereof, all rights, title, and interest of the customer shall transfer by law to the molder. Thereafter, the molder shall be entitled to destroy the particular die, mold, or form as the molder's own property without any risk of liability to the customer, except that this section shall not be construed in any manner to affect the right of the customer under federal patent or copyright law, or any state or federal law, pertaining to unfair competition.
Acts 1983, ch. 169, §§ 1-5; T.C.A., §§ 47-27-101 -- 47-27-105, 47-50-113.
Tenn. Code Ann. § 47-25-1808 — TN Code / Title 47 / Chapter 25 / Section 47-25-1808
Alternative reimbursement from supplier
Status: in_force

The retailer shall have the right to accept the supplier's reimbursement terms and conditions in lieu of the provisions of this part. Acts 2001, ch. 425, § 1.
The retailer shall have the right to accept the supplier's reimbursement terms and conditions in lieu of the provisions of this part.
Acts 2001, ch. 425, § 1.
Tenn. Code Ann. § 47-18-704 — TN Code / Title 47 / Chapter 18 / Section 47-18-704
Cancellation - Notice to buyer of rights
Status: in_force

(a) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer a receipt if it is a cash or credit card sale or, in the case of a credit sale, obtain the buyer's signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually makes payment in whole or in part or signs. Contained on any such receipt, written agreement, or offer to purchase, there shall be a readily legible statement as described in subsection (b). (b) The statement required in subsection (a) shall: (1) Appear on the front side of the receipt or contract, or immediately above the buyer's signature, under the conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and (2) Read as follows: "If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before twelve o'clock midnight (12:00) of the third business day after you sign this agreement. The notice must be mailed to: ____________________ (insert name and mailing address of seller)." (c) In lieu of the form of notice required by subsection (b), a seller may comply with the requirements of the federal statutes, rules, or regulations governing the form of notice of the right of cancellation in door-to-door sales. (d) Until the seller has complied with this section, the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of the buyer's intention to cancel. (e) A home solicitation sale shall be deemed to be in compliance with the notice requirements of this statute if: (1) The buyer may at any time: (A) Cancel the order; (B) Refuse to accept delivery of the goods without incurring any obligation to pay for them; or (C) Return the goods to the seller and receive a full refund for any amount the buyer has paid; and (2) The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the sales ticket. Acts 1974, ch. 712, § 4; T.C.A., § 47-16-104 .
(a) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer a receipt if it is a cash or credit card sale or, in the case of a credit sale, obtain the buyer's signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually makes payment in whole or in part or signs. Contained on any such receipt, written agreement, or offer to purchase, there shall be a readily legible statement as described in subsection (b).
(b) The statement required in subsection (a) shall: (1) Appear on the front side of the receipt or contract, or immediately above the buyer's signature, under the conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and (2) Read as follows: "If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before twelve o'clock midnight (12:00) of the third business day after you sign this agreement. The notice must be mailed to: ____________________ (insert name and mailing address of seller)."
(1) Appear on the front side of the receipt or contract, or immediately above the buyer's signature, under the conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and
(2) Read as follows: "If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before twelve o'clock midnight (12:00) of the third business day after you sign this agreement. The notice must be mailed to: ____________________ (insert name and mailing address of seller)."
(c) In lieu of the form of notice required by subsection (b), a seller may comply with the requirements of the federal statutes, rules, or regulations governing the form of notice of the right of cancellation in door-to-door sales.
(d) Until the seller has complied with this section, the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of the buyer's intention to cancel.
(e) A home solicitation sale shall be deemed to be in compliance with the notice requirements of this statute if: (1) The buyer may at any time: (A) Cancel the order; (B) Refuse to accept delivery of the goods without incurring any obligation to pay for them; or (C) Return the goods to the seller and receive a full refund for any amount the buyer has paid; and (2) The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the sales ticket.
(1) The buyer may at any time: (A) Cancel the order; (B) Refuse to accept delivery of the goods without incurring any obligation to pay for them; or (C) Return the goods to the seller and receive a full refund for any amount the buyer has paid; and
(A) Cancel the order;
(B) Refuse to accept delivery of the goods without incurring any obligation to pay for them; or
(C) Return the goods to the seller and receive a full refund for any amount the buyer has paid; and
(2) The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the sales ticket.
Acts 1974, ch. 712, § 4; T.C.A., § 47-16-104 .
Tenn. Code Ann. § 47-18-1005 — TN Code / Title 47 / Chapter 18 / Section 47-18-1005
Contents of information statement
Status: in_force

The information statement required under § 47-18-1004 shall include all of the following: (1) (A) A complete and accurate statement of the consumer's right to review any file on the consumer maintained by any consumer reporting agency, and the right of the consumer to receive a copy of a consumer report containing all information in that file as provided under the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681g ); (B) A statement that a copy of the consumer report containing all information in the consumer's file will be furnished free of charge by the consumer reporting agency, if requested by the consumer within thirty (30) days from receipt of the consumer's request; and (C) A statement that a nominal charge, not to exceed eight dollars ($8.00), may be imposed on the consumer by the consumer reporting agency for a copy of the consumer report containing all information in the consumer's file, if the consumer has not been denied credit within sixty (60) days from receipt of the consumer's request. (2) A complete and accurate statement of the consumer's right to dispute the completeness or accuracy of any item contained in any file on the consumer that is maintained by any consumer reporting agency, as provided under the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681i ); (3) A complete and detailed description of the services to be performed by the credit services business for or on behalf of the consumer, and the total amount the consumer will have to pay, or become obligated to pay, for the services; (4) (A) Name and address of the surety company which issued the bond in accordance with § 47-18-1011 ; (B) A statement explaining the consumer's right to proceed against the bond; and (5) A complete and accurate statement of the availability of nonprofit credit counseling. Acts 1988, ch. 897, § 5; 1998, ch. 854, §§ 4, 10.
The information statement required under § 47-18-1004 shall include all of the following:
(1) (A) A complete and accurate statement of the consumer's right to review any file on the consumer maintained by any consumer reporting agency, and the right of the consumer to receive a copy of a consumer report containing all information in that file as provided under the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681g ); (B) A statement that a copy of the consumer report containing all information in the consumer's file will be furnished free of charge by the consumer reporting agency, if requested by the consumer within thirty (30) days from receipt of the consumer's request; and (C) A statement that a nominal charge, not to exceed eight dollars ($8.00), may be imposed on the consumer by the consumer reporting agency for a copy of the consumer report containing all information in the consumer's file, if the consumer has not been denied credit within sixty (60) days from receipt of the consumer's request.
(A) A complete and accurate statement of the consumer's right to review any file on the consumer maintained by any consumer reporting agency, and the right of the consumer to receive a copy of a consumer report containing all information in that file as provided under the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681g );
(B) A statement that a copy of the consumer report containing all information in the consumer's file will be furnished free of charge by the consumer reporting agency, if requested by the consumer within thirty (30) days from receipt of the consumer's request; and
(C) A statement that a nominal charge, not to exceed eight dollars ($8.00), may be imposed on the consumer by the consumer reporting agency for a copy of the consumer report containing all information in the consumer's file, if the consumer has not been denied credit within sixty (60) days from receipt of the consumer's request.
(2) A complete and accurate statement of the consumer's right to dispute the completeness or accuracy of any item contained in any file on the consumer that is maintained by any consumer reporting agency, as provided under the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681i );
(3) A complete and detailed description of the services to be performed by the credit services business for or on behalf of the consumer, and the total amount the consumer will have to pay, or become obligated to pay, for the services;
(4) (A) Name and address of the surety company which issued the bond in accordance with § 47-18-1011 ; (B) A statement explaining the consumer's right to proceed against the bond; and
(A) Name and address of the surety company which issued the bond in accordance with § 47-18-1011 ;
(B) A statement explaining the consumer's right to proceed against the bond; and
(5) A complete and accurate statement of the availability of nonprofit credit counseling.
Acts 1988, ch. 897, § 5; 1998, ch. 854, §§ 4, 10.
Tenn. Code Ann. § 47-18-2601 — TN Code / Title 47 / Chapter 18 / Section 47-18-2601
Short title
Status: in_force

This part shall be known and may be cited as the "Structured Settlement Protection Act." Acts 2000, ch. 758, § 2.
This part shall be known and may be cited as the "Structured Settlement Protection Act."
Acts 2000, ch. 758, § 2.
Tenn. Code Ann. § 47-4a-106 — TN Code / Title 47 / Chapter 4a / Section 47-4a-106
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 47-4A-101 — 47-4A-108) Section 47-4A-106 - Time payment order is received
Status: in_force

(a) The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to receipt of a notice stated in § 47-1-202 . A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications cancelling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication cancelling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day. (b) If this chapter refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this chapter. Acts 1991, ch. 52, § 1; 2008, ch. 930, § 11.
(a) The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to receipt of a notice stated in § 47-1-202 . A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications cancelling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication cancelling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.
(b) If this chapter refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this chapter.
Acts 1991, ch. 52, § 1; 2008, ch. 930, § 11.
Tenn. Code Ann. § 47-18-2302 — TN Code / Title 47 / Chapter 18 / Section 47-18-2302
Offense of caller identification spoofing
Status: in_force

(a) Except as provided in § 47-18-2303 , it is an offense for: (1) A person, in connection with a telecommunications service or an interconnected VoIP service, to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information to a subscriber with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value; or (2) A person, on behalf of a debt collector or inbound telemarketer service, to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information, including caller identification information that does not match the area code of the person or the debt collector or inbound telemarketer service the person is calling on behalf of, or that is not a toll-free phone number, to a subscriber with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value. (b) A violation of subdivision (a)(1) or (a)(2) is a Class A misdemeanor. (c) Nothing in this section prohibits: (1) Criminal prosecution under any other law; (2) A civil action brought by the attorney general and reporter pursuant to § 47-18-2304 ; or (3) A civil action brought by an aggrieved person pursuant to § 47-18-2305 . (d) The transmission of misleading or inaccurate caller identification information to a subscriber is an element of the offense under subsection (a) and occurs where the subscriber's place of primary use for the caller identification service is located. (e) Pursuant to § 39-11-103 and subsection (d), if a subscriber's place of primary use for the caller identification service is located in this state, an essential element of the offense under subsection (a) is committed in this state and a defendant is subject to prosecution in this state, regardless of whether the defendant was actually physically present in this state when the offense occurred. (f) Venue for the offense under subdivision (a)(1) or (a)(2) shall be in any county where an essential element of the offense was committed, regardless of whether the defendant was actually physically present in the county when the offense occurred. (g) This section shall not apply to a provider; except that, a provider shall remain liable pursuant to this section if the provider acts with the intent to assist, aid, or abet, in the commission or concealment of any person planning or causing a caller identification service to transmit misleading or inaccurate caller identification information to a subscriber while the person has the intent to defraud, cause harm to another person, or wrongfully obtain anything of value. Amended by 2024 Tenn. Acts, ch. 758,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 758,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 758,s 1, eff. 7/1/2024. Added by 2017 Tenn. Acts, ch. 257, s 1, eff. 7/1/2017.
(a) Except as provided in § 47-18-2303 , it is an offense for: (1) A person, in connection with a telecommunications service or an interconnected VoIP service, to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information to a subscriber with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value; or (2) A person, on behalf of a debt collector or inbound telemarketer service, to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information, including caller identification information that does not match the area code of the person or the debt collector or inbound telemarketer service the person is calling on behalf of, or that is not a toll-free phone number, to a subscriber with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value.
(1) A person, in connection with a telecommunications service or an interconnected VoIP service, to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information to a subscriber with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value; or
(2) A person, on behalf of a debt collector or inbound telemarketer service, to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information, including caller identification information that does not match the area code of the person or the debt collector or inbound telemarketer service the person is calling on behalf of, or that is not a toll-free phone number, to a subscriber with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value.
(b) A violation of subdivision (a)(1) or (a)(2) is a Class A misdemeanor.
(c) Nothing in this section prohibits: (1) Criminal prosecution under any other law; (2) A civil action brought by the attorney general and reporter pursuant to § 47-18-2304 ; or (3) A civil action brought by an aggrieved person pursuant to § 47-18-2305 .
(1) Criminal prosecution under any other law;
(2) A civil action brought by the attorney general and reporter pursuant to § 47-18-2304 ; or
(3) A civil action brought by an aggrieved person pursuant to § 47-18-2305 .
(d) The transmission of misleading or inaccurate caller identification information to a subscriber is an element of the offense under subsection (a) and occurs where the subscriber's place of primary use for the caller identification service is located.
(e) Pursuant to § 39-11-103 and subsection (d), if a subscriber's place of primary use for the caller identification service is located in this state, an essential element of the offense under subsection (a) is committed in this state and a defendant is subject to prosecution in this state, regardless of whether the defendant was actually physically present in this state when the offense occurred.
(f) Venue for the offense under subdivision (a)(1) or (a)(2) shall be in any county where an essential element of the offense was committed, regardless of whether the defendant was actually physically present in the county when the offense occurred.
(g) This section shall not apply to a provider; except that, a provider shall remain liable pursuant to this section if the provider acts with the intent to assist, aid, or abet, in the commission or concealment of any person planning or causing a caller identification service to transmit misleading or inaccurate caller identification information to a subscriber while the person has the intent to defraud, cause harm to another person, or wrongfully obtain anything of value.
Amended by 2024 Tenn. Acts, ch. 758,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 758,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 758,s 1, eff. 7/1/2024.
Added by 2017 Tenn. Acts, ch. 257, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 47-26-1017 — TN Code / Title 47 / Chapter 26 / Section 47-26-1017
Scales open to view
Status: in_force

It is the duty of each public weighmaster to permit any interested party to read the indications on the weighing device or on an accurately projected image of the weight indicator when a commodity is weighed. In the event the public weighmaster fails or refuses to permit an interested party to observe the weighing of a commodity at such time, the interested party shall have the right to have the commodity immediately reweighed without any additional charges. Acts 1997, ch. 311, § 2.
It is the duty of each public weighmaster to permit any interested party to read the indications on the weighing device or on an accurately projected image of the weight indicator when a commodity is weighed. In the event the public weighmaster fails or refuses to permit an interested party to observe the weighing of a commodity at such time, the interested party shall have the right to have the commodity immediately reweighed without any additional charges.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-26-806 — TN Code / Title 47 / Chapter 26 / Section 47-26-806
Annual license cost
Status: in_force

The annual cost for a certified public weigher license shall be set by rule pursuant to § 43-1-703 . Amended by 2015 Tenn. Acts, ch. 485,s 24, eff. 7/1/2015. Acts 1981, ch. 389, § 7; T.C.A., § 71-806; Acts 2002, ch. 640, § 18.
The annual cost for a certified public weigher license shall be set by rule pursuant to § 43-1-703 .
Amended by 2015 Tenn. Acts, ch. 485,s 24, eff. 7/1/2015.
Acts 1981, ch. 389, § 7; T.C.A., § 71-806; Acts 2002, ch. 640, § 18.
Tenn. Code Ann. § 47-2-604 — TN Code / Title 47 / Chapter 2 / Section 47-2-604
Buyer's options as to salvage of rightfully rejected goods
Status: in_force

Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or resell them for the seller's account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion. Acts 1963, ch. 81, § 1 (2-604).
Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or resell them for the seller's account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion.
Acts 1963, ch. 81, § 1 (2-604).
Tenn. Code Ann. § 47-18-1702 — TN Code / Title 47 / Chapter 18 / Section 47-18-1702
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee; (2) "Candidate" means any person, whether employed or unemployed, seeking or entering into any arrangement for employment or change of employment through the services of an employment agency; (3) [Deleted by 2019 amendment.] (4) "Employer" means any person who engages or seeks to engage candidates for employment; (5) "Employment agency" means any person who, for a fee paid by a candidate or other compensation provided by a candidate: (A) Places or attempts to place candidates seeking employment where the fee is not paid by the employer; (B) Recruits or attempts to recruit employees for employers seeking candidates where the fee is not paid by the employer; or (C) Purports to have access to job leads or compiles and provides lists or information about available jobs, if no fee is charged to the majority of potential employers for inclusion in the listings, and if an office is maintained for the purpose of marketing job information to the public and providing customers with access to that information; (6) "Fee" means anything of value paid or directed to be paid for the services of an employment agency; and (7) "Person" means any individual, company, corporation, partnership, association or firm, including any officer, director or employee of a corporation. Amended by 2019 Tenn. Acts, ch. 459,s 29, eff. 9/30/2019. Acts 1996, ch. 731, § 3.
As used in this part, unless the context otherwise requires:
(1) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee;
(2) "Candidate" means any person, whether employed or unemployed, seeking or entering into any arrangement for employment or change of employment through the services of an employment agency;
(3) [Deleted by 2019 amendment.]
(4) "Employer" means any person who engages or seeks to engage candidates for employment;
(5) "Employment agency" means any person who, for a fee paid by a candidate or other compensation provided by a candidate: (A) Places or attempts to place candidates seeking employment where the fee is not paid by the employer; (B) Recruits or attempts to recruit employees for employers seeking candidates where the fee is not paid by the employer; or (C) Purports to have access to job leads or compiles and provides lists or information about available jobs, if no fee is charged to the majority of potential employers for inclusion in the listings, and if an office is maintained for the purpose of marketing job information to the public and providing customers with access to that information;
(A) Places or attempts to place candidates seeking employment where the fee is not paid by the employer;
(B) Recruits or attempts to recruit employees for employers seeking candidates where the fee is not paid by the employer; or
(C) Purports to have access to job leads or compiles and provides lists or information about available jobs, if no fee is charged to the majority of potential employers for inclusion in the listings, and if an office is maintained for the purpose of marketing job information to the public and providing customers with access to that information;
(6) "Fee" means anything of value paid or directed to be paid for the services of an employment agency; and
(7) "Person" means any individual, company, corporation, partnership, association or firm, including any officer, director or employee of a corporation.
Amended by 2019 Tenn. Acts, ch. 459,s 29, eff. 9/30/2019.
Acts 1996, ch. 731, § 3.
Tenn. Code Ann. § 47-18-1610 — TN Code / Title 47 / Chapter 18 / Section 47-18-1610
[Renumbered]
Status: repealed

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 47-2-101 — TN Code / Title 47 / Chapter 2 / Section 47-2-101
Short title
Status: in_force

This chapter shall be known and may be cited as Uniform Commercial Code - Sales. Acts 1963, ch. 81, § 1 (2-101).
This chapter shall be known and may be cited as Uniform Commercial Code - Sales.
Acts 1963, ch. 81, § 1 (2-101).
Tenn. Code Ann. § 47-18-5532 — TN Code / Title 47 / Chapter 18 / Section 47-18-5532
Powers of administrator
Status: in_force

(a) The administrator may act on its own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this part, refer cases to the attorney general and reporter, or a district attorney general or other appropriate law enforcement official, and seek or provide remedies as provided in this part. (b) The administrator may investigate and examine, in this state or elsewhere, by subpoena or otherwise, the activities, books, accounts and records of a person that provides or offers to provide debt-management services, or a person to which a provider has delegated its obligations under an agreement or this part, to determine compliance with this part. Information that identifies individuals who have agreements with the provider shall not be disclosed to the public. In connection with the investigation, the administrator may: (1) Charge the person the reasonable expenses necessarily incurred to conduct the examination; (2) Require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and (3) Seek a court order authorizing seizure from a bank at which the person maintains a trust account required by § 47-18-5522 , any or all money, books, records, accounts and other property of the provider that is in the control of the bank and relates to individuals who reside in this state. (c) The administrator may promulgate rules to administer this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) The administrator may enter into cooperative arrangements with any other federal or state agency having authority over providers and may exchange with any of those agencies information about a provider, including information obtained during an examination of the provider. (e) The administrator, by rule, shall establish reasonable fees to be paid by providers for the expense of administering this part. (f) The administrator, by rule, shall adopt dollar amounts instead of those specified in §§ 47-18-5502 , 47-18-5505 , 47-18-5509 , 47-18-5513 , 47-18-5523 , 47-18-5533 and 47-18-5535 to reflect inflation, as measured by the United States bureau of labor statistics consumer price index for all urban consumers or, if that index is not available, another index adopted by rule by the administrator. The administrator shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least ten percent (10%). The dollar amount must be rounded to the nearest one hundred dollars ($100), except that the amounts in § 47-18-5523 must be rounded to the nearest dollar. (g) The administrator shall notify registered providers of any change in dollar amounts made pursuant to subsection (f) and make that information available to the public. (h) The administrator shall prescribe fees and penalties under this part such that all fees collectively shall sustain the requirements of this part pursuant to the requirements of § 4-29-121 . Acts 2009, ch. 469, § 1.
(a) The administrator may act on its own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this part, refer cases to the attorney general and reporter, or a district attorney general or other appropriate law enforcement official, and seek or provide remedies as provided in this part.
(b) The administrator may investigate and examine, in this state or elsewhere, by subpoena or otherwise, the activities, books, accounts and records of a person that provides or offers to provide debt-management services, or a person to which a provider has delegated its obligations under an agreement or this part, to determine compliance with this part. Information that identifies individuals who have agreements with the provider shall not be disclosed to the public. In connection with the investigation, the administrator may: (1) Charge the person the reasonable expenses necessarily incurred to conduct the examination; (2) Require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and (3) Seek a court order authorizing seizure from a bank at which the person maintains a trust account required by § 47-18-5522 , any or all money, books, records, accounts and other property of the provider that is in the control of the bank and relates to individuals who reside in this state.
(1) Charge the person the reasonable expenses necessarily incurred to conduct the examination;
(2) Require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and
(3) Seek a court order authorizing seizure from a bank at which the person maintains a trust account required by § 47-18-5522 , any or all money, books, records, accounts and other property of the provider that is in the control of the bank and relates to individuals who reside in this state.
(c) The administrator may promulgate rules to administer this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) The administrator may enter into cooperative arrangements with any other federal or state agency having authority over providers and may exchange with any of those agencies information about a provider, including information obtained during an examination of the provider.
(e) The administrator, by rule, shall establish reasonable fees to be paid by providers for the expense of administering this part.
(f) The administrator, by rule, shall adopt dollar amounts instead of those specified in §§ 47-18-5502 , 47-18-5505 , 47-18-5509 , 47-18-5513 , 47-18-5523 , 47-18-5533 and 47-18-5535 to reflect inflation, as measured by the United States bureau of labor statistics consumer price index for all urban consumers or, if that index is not available, another index adopted by rule by the administrator. The administrator shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least ten percent (10%). The dollar amount must be rounded to the nearest one hundred dollars ($100), except that the amounts in § 47-18-5523 must be rounded to the nearest dollar.
(g) The administrator shall notify registered providers of any change in dollar amounts made pursuant to subsection (f) and make that information available to the public.
(h) The administrator shall prescribe fees and penalties under this part such that all fees collectively shall sustain the requirements of this part pursuant to the requirements of § 4-29-121 .
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-10-112 — TN Code / Title 47 / Chapter 10 / Section 47-10-112
Retention of electronic records - Originals
Status: in_force

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) Remains accessible for later reference. (b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied. (d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a). (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a). (f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2001, specifically prohibits the use of an electronic record for the specified purpose. (g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. Acts 2001, ch. 72, § 12.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) Remains accessible for later reference.
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).
(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2001, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
Acts 2001, ch. 72, § 12.
Tenn. Code Ann. § 47-25-1709 — TN Code / Title 47 / Chapter 25 / Section 47-25-1709
Uniformity of application and construction
Status: in_force

This part shall be applied and construed to effectuate its general purpose to make consistent the law with respect to the subject of this act among states enacting it. Acts 2000, ch. 647, § 9.
This part shall be applied and construed to effectuate its general purpose to make consistent the law with respect to the subject of this act among states enacting it.
Acts 2000, ch. 647, § 9.
Tenn. Code Ann. § 47-7-503 — TN Code / Title 47 / Chapter 7 / Section 47-7-503
Document of title to goods defeated in certain cases
Status: in_force

(a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery under § 47-7-403 ; or (C) Power of disposition under § 47-2-403 , § 47-2A-304(2) , § 47-2A-305(2) , § 47-9-320 , or § 47-9-321(c) or other statute or rule of law; or (2) Acquiesce in the procurement by the bailor or its nominee of any document. (b) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under § 47-7-504 to the same extent as the rights of the issuer or a transferee from the issuer. (c) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with part 4 of this chapter pursuant to its own bill of lading discharges the carrier's obligation to deliver. Acts 2008, ch. 814, § 1.
(a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery under § 47-7-403 ; or (C) Power of disposition under § 47-2-403 , § 47-2A-304(2) , § 47-2A-305(2) , § 47-9-320 , or § 47-9-321(c) or other statute or rule of law; or (2) Acquiesce in the procurement by the bailor or its nominee of any document.
(1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery under § 47-7-403 ; or (C) Power of disposition under § 47-2-403 , § 47-2A-304(2) , § 47-2A-305(2) , § 47-9-320 , or § 47-9-321(c) or other statute or rule of law; or
(A) Actual or apparent authority to ship, store, or sell;
(B) Power to obtain delivery under § 47-7-403 ; or
(C) Power of disposition under § 47-2-403 , § 47-2A-304(2) , § 47-2A-305(2) , § 47-9-320 , or § 47-9-321(c) or other statute or rule of law; or
(2) Acquiesce in the procurement by the bailor or its nominee of any document.
(b) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under § 47-7-504 to the same extent as the rights of the issuer or a transferee from the issuer.
(c) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with part 4 of this chapter pursuant to its own bill of lading discharges the carrier's obligation to deliver.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-2304 — TN Code / Title 47 / Chapter 18 / Section 47-18-2304
Action for injunctive relief and civil penalty by attorney general and reporter
Status: in_force

(a) The attorney general and reporter may bring an action against a person who violates § 47-18-2302(a) to enjoin further violations and to recover a civil penalty of up to thirty thousand dollars ($30,000) per violation. (b) (1) Any civil penalty collected pursuant to this section shall be paid into the general fund of the state. (2) The prevailing party is entitled to reasonable attorney's fees, court costs, and expenses; provided, that no court costs shall be taxed against the attorney general and reporter or this state in actions commenced under this section. (c) Jurisdiction for an action brought pursuant to this section shall be in the chancery or circuit court of Davidson County. Amended by 2019 Tenn. Acts, ch. 217,s 1, eff. 4/23/2019. Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
(a) The attorney general and reporter may bring an action against a person who violates § 47-18-2302(a) to enjoin further violations and to recover a civil penalty of up to thirty thousand dollars ($30,000) per violation.
(b) (1) Any civil penalty collected pursuant to this section shall be paid into the general fund of the state. (2) The prevailing party is entitled to reasonable attorney's fees, court costs, and expenses; provided, that no court costs shall be taxed against the attorney general and reporter or this state in actions commenced under this section.
(1) Any civil penalty collected pursuant to this section shall be paid into the general fund of the state.
(2) The prevailing party is entitled to reasonable attorney's fees, court costs, and expenses; provided, that no court costs shall be taxed against the attorney general and reporter or this state in actions commenced under this section.
(c) Jurisdiction for an action brought pursuant to this section shall be in the chancery or circuit court of Davidson County.
Amended by 2019 Tenn. Acts, ch. 217,s 1, eff. 4/23/2019.
Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 47-30-113 — TN Code / Title 47 / Chapter 30 / Section 47-30-113
Notice of foreclosure - Continuation of interest
Status: in_force

When a borrower's obligation to repay the reverse mortgage loan is triggered under § 47-30-112 , in addition to all rights conferred upon owners and borrowers under title 35, chapter 5, the lender must give the borrower not less than sixty (60) days' notice of its intent to initiate foreclosure proceedings. If the contract so provides, interest will continue to accrue during the sixty-day period. Acts 1993, ch. 410, § 14.
When a borrower's obligation to repay the reverse mortgage loan is triggered under § 47-30-112 , in addition to all rights conferred upon owners and borrowers under title 35, chapter 5, the lender must give the borrower not less than sixty (60) days' notice of its intent to initiate foreclosure proceedings. If the contract so provides, interest will continue to accrue during the sixty-day period.
Acts 1993, ch. 410, § 14.
Tenn. Code Ann. § 47-25-1211 — TN Code / Title 47 / Chapter 25 / Section 47-25-1211
Contracts in violation of part void
Status: in_force

Any contract for invention development services which does not comply with the applicable provisions of this part shall be void and unenforceable as contrary to public policy; provided, that no contract shall be void and unenforceable if the invention developer proves that noncompliance was unintentional and resulted from a bona fide error, notwithstanding the use of reasonable procedures adopted to avoid any such errors and makes an appropriate correction. Acts 1977, ch. 436, § 14; T.C.A., § 47-20-111.
Any contract for invention development services which does not comply with the applicable provisions of this part shall be void and unenforceable as contrary to public policy; provided, that no contract shall be void and unenforceable if the invention developer proves that noncompliance was unintentional and resulted from a bona fide error, notwithstanding the use of reasonable procedures adopted to avoid any such errors and makes an appropriate correction.
Acts 1977, ch. 436, § 14; T.C.A., § 47-20-111.
Tenn. Code Ann. § 47-4a-402 — TN Code / Title 47 / Chapter 4a / Section 47-4a-402
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-402 - Obligation of sender to pay receiving bank
Status: in_force

(a) This section is subject to §§ 47-4A-205 and 47-4A-207 . (b) With respect to a payment order issued to the beneficiary's bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order. (c) This subsection is subject to subsection (e) and to § 47-4A-303 . With respect to a payment order issued to a receiving bank other than the beneficiary's bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of the sender's order. Payment by the sender is not due until the execution date of the sender's order. The obligation of that sender to pay its payment order is excused if the funds transfer is not completed by acceptance by the beneficiary's bank of a payment order instructing payment to the beneficiary of that sender's payment order. (d) If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as provided in §§ 47-4A-204 and 47-4A-304 , interest is payable on the refundable amount from the date of payment. (e) If a funds transfer is not completed as stated in subsection (c) and an intermediary bank is obliged to refund payment as stated in subsection (d) but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in § 47-4A-302(a)(1) , to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (d). (f) The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection (c) or to receive refund under subsection (d) may not be varied by agreement. Acts 1991, ch. 52, § 1.
(a) This section is subject to §§ 47-4A-205 and 47-4A-207 .
(b) With respect to a payment order issued to the beneficiary's bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order.
(c) This subsection is subject to subsection (e) and to § 47-4A-303 . With respect to a payment order issued to a receiving bank other than the beneficiary's bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of the sender's order. Payment by the sender is not due until the execution date of the sender's order. The obligation of that sender to pay its payment order is excused if the funds transfer is not completed by acceptance by the beneficiary's bank of a payment order instructing payment to the beneficiary of that sender's payment order.
(d) If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as provided in §§ 47-4A-204 and 47-4A-304 , interest is payable on the refundable amount from the date of payment.
(e) If a funds transfer is not completed as stated in subsection (c) and an intermediary bank is obliged to refund payment as stated in subsection (d) but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in § 47-4A-302(a)(1) , to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (d).
(f) The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection (c) or to receive refund under subsection (d) may not be varied by agreement.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-18-1501 — TN Code / Title 47 / Chapter 18 / Section 47-18-1501
Short title - Part definitions
Status: in_force

(a) This part shall be known as the "Consumer Telemarketing Protection Act of 1990." (b) As used in this part, unless the context otherwise requires: (1) "ADAD equipment" means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed; (2) "Commission" means the Tennessee public utility commission, created by § 65-1-101 ; and (3) "Telephone access line" means any seven-digit telephone number for each call to which a fee is charged. Amended by 2017 Tenn. Acts, ch. 94,s 36, eff. 4/4/2017. Acts 1990, ch. 874, § 1; 1995, ch. 305, § 103.
(a) This part shall be known as the "Consumer Telemarketing Protection Act of 1990."
(b) As used in this part, unless the context otherwise requires: (1) "ADAD equipment" means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed; (2) "Commission" means the Tennessee public utility commission, created by § 65-1-101 ; and (3) "Telephone access line" means any seven-digit telephone number for each call to which a fee is charged.
(1) "ADAD equipment" means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed;
(2) "Commission" means the Tennessee public utility commission, created by § 65-1-101 ; and
(3) "Telephone access line" means any seven-digit telephone number for each call to which a fee is charged.
Amended by 2017 Tenn. Acts, ch. 94,s 36, eff. 4/4/2017.
Acts 1990, ch. 874, § 1; 1995, ch. 305, § 103.
Tenn. Code Ann. § 47-4a-207 — TN Code / Title 47 / Chapter 4a / Section 47-4a-207
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 2 - ISSUE AND ACCEPTANCE OF PAYMENT ORDER (§§ 47-4A-201 — 47-4A-212) Section 47-4A-207 - Misdescription of beneficiary
Status: in_force

(a) Subject to subsection (b), if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary of the order and acceptance of the order cannot occur. (b) If a payment order received by the beneficiary's bank identifies the beneficiary both by name and by an identifying or bank account number and the name and number identify different persons, the following rules apply: (1) Except as otherwise provided in subsection (c), if the beneficiary's bank does not know that the name and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order. The beneficiary's bank need not determine whether the name and number refer to the same person; and (2) If the beneficiary's bank pays the person identified by name or knows that the name and number identify different persons, no person has rights as beneficiary except the person paid by the beneficiary's bank if that person was entitled to receive payment from the originator of the funds transfer. If no person has rights as beneficiary, acceptance of the order cannot occur. (c) If: (i) A payment order described in subsection (b) is accepted; (ii) The originator's payment order described the beneficiary inconsistently by name and number; and (iii) The beneficiary's bank pays the person identified by number as permitted by subdivision (b)(1); The following rules apply: (1) If the originator is a bank, the originator is obliged to pay its order; or (2) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment from the originator, the originator is not obliged to pay its order unless the originator's bank proves that the originator, before acceptance of the originator's order, had notice that payment of a payment order issued by the originator might be made by the beneficiary's bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary. Proof of notice may be made by any admissible evidence. The originator's bank satisfies the burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice relates. (d) In a case governed by subdivision (b)(1), if the beneficiary's bank rightfully pays the person identified by number and that person was not entitled to receive payment from the originator, the amount paid may be recovered from that person to the extent allowed by the law governing mistake and restitution as follows: (1) If the originator is obliged to pay its payment order as stated in subsection (c), the originator has the right to recover; and (2) If the originator is not a bank and is not obliged to pay its payment order, the originator's bank has the right to recover. Acts 1991, ch. 52, § 1.
(a) Subject to subsection (b), if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary of the order and acceptance of the order cannot occur.
(b) If a payment order received by the beneficiary's bank identifies the beneficiary both by name and by an identifying or bank account number and the name and number identify different persons, the following rules apply: (1) Except as otherwise provided in subsection (c), if the beneficiary's bank does not know that the name and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order. The beneficiary's bank need not determine whether the name and number refer to the same person; and (2) If the beneficiary's bank pays the person identified by name or knows that the name and number identify different persons, no person has rights as beneficiary except the person paid by the beneficiary's bank if that person was entitled to receive payment from the originator of the funds transfer. If no person has rights as beneficiary, acceptance of the order cannot occur.
(1) Except as otherwise provided in subsection (c), if the beneficiary's bank does not know that the name and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order. The beneficiary's bank need not determine whether the name and number refer to the same person; and
(2) If the beneficiary's bank pays the person identified by name or knows that the name and number identify different persons, no person has rights as beneficiary except the person paid by the beneficiary's bank if that person was entitled to receive payment from the originator of the funds transfer. If no person has rights as beneficiary, acceptance of the order cannot occur.
(c) If: (i) A payment order described in subsection (b) is accepted; (ii) The originator's payment order described the beneficiary inconsistently by name and number; and (iii) The beneficiary's bank pays the person identified by number as permitted by subdivision (b)(1); The following rules apply: (1) If the originator is a bank, the originator is obliged to pay its order; or (2) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment from the originator, the originator is not obliged to pay its order unless the originator's bank proves that the originator, before acceptance of the originator's order, had notice that payment of a payment order issued by the originator might be made by the beneficiary's bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary. Proof of notice may be made by any admissible evidence. The originator's bank satisfies the burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice relates.
(i) A payment order described in subsection (b) is accepted;
(ii) The originator's payment order described the beneficiary inconsistently by name and number; and
(iii) The beneficiary's bank pays the person identified by number as permitted by subdivision (b)(1); The following rules apply: (1) If the originator is a bank, the originator is obliged to pay its order; or (2) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment from the originator, the originator is not obliged to pay its order unless the originator's bank proves that the originator, before acceptance of the originator's order, had notice that payment of a payment order issued by the originator might be made by the beneficiary's bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary. Proof of notice may be made by any admissible evidence. The originator's bank satisfies the burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice relates.
The following rules apply:
(1) If the originator is a bank, the originator is obliged to pay its order; or
(2) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment from the originator, the originator is not obliged to pay its order unless the originator's bank proves that the originator, before acceptance of the originator's order, had notice that payment of a payment order issued by the originator might be made by the beneficiary's bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary. Proof of notice may be made by any admissible evidence. The originator's bank satisfies the burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice relates.
(d) In a case governed by subdivision (b)(1), if the beneficiary's bank rightfully pays the person identified by number and that person was not entitled to receive payment from the originator, the amount paid may be recovered from that person to the extent allowed by the law governing mistake and restitution as follows: (1) If the originator is obliged to pay its payment order as stated in subsection (c), the originator has the right to recover; and (2) If the originator is not a bank and is not obliged to pay its payment order, the originator's bank has the right to recover.
(1) If the originator is obliged to pay its payment order as stated in subsection (c), the originator has the right to recover; and
(2) If the originator is not a bank and is not obliged to pay its payment order, the originator's bank has the right to recover.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-14-103 — TN Code / Title 47 / Chapter 14 / Section 47-14-103
Maximum effective rates generally
Status: in_force

Except as otherwise expressly provided by this chapter or by other statutes, the maximum effective rates of interest are as follows: (1) For all transactions in which other statutes fix a maximum effective rate of interest for particular categories of creditors, lenders, or transactions, the rate so fixed; (2) For all written contracts, including obligations issued by or on behalf of the state of Tennessee, any county, municipality, or district in the state, or any agency, authority, branch, bureau, commission, corporation, department, or instrumentality thereof, signed by the party to be charged, and not subject to subdivision (1), the applicable formula rate; and (3) For all other transactions, ten percent (10%) per annum. Acts 1979, ch. 203, § 2; 1980, ch. 601, § 26; 1983, ch. 464, § 2.
Except as otherwise expressly provided by this chapter or by other statutes, the maximum effective rates of interest are as follows:
(1) For all transactions in which other statutes fix a maximum effective rate of interest for particular categories of creditors, lenders, or transactions, the rate so fixed;
(2) For all written contracts, including obligations issued by or on behalf of the state of Tennessee, any county, municipality, or district in the state, or any agency, authority, branch, bureau, commission, corporation, department, or instrumentality thereof, signed by the party to be charged, and not subject to subdivision (1), the applicable formula rate; and
(3) For all other transactions, ten percent (10%) per annum.
Acts 1979, ch. 203, § 2; 1980, ch. 601, § 26; 1983, ch. 464, § 2.