Tenn. Code Ann. § 47-4a-502 — TN Code / Title 47 / Chapter 4a / Section 47-4a-502
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 5 - MISCELLANEOUS PROVISIONS (§§ 47-4A-501 — 47-4A-507) Section 47-4A-502 - Creditor process served on receiving bank - Setoff by beneficiary's bank
Status: in_force

(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account. (b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order. (c) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply: (1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account; (2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal; and (3) If creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process. (d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary's bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process. Acts 1991, ch. 52, § 1.
(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.
(b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.
(c) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply: (1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account; (2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal; and (3) If creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
(1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account;
(2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal; and
(3) If creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
(d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary's bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-32-103 — TN Code / Title 47 / Chapter 32 / Section 47-32-103
Application
Status: in_force

(a) This chapter applies to transactions involving loans made by mortgage lenders utilizing settlement agents, which loans shall be secured by deeds of trust or mortgages on real estate, on the following: (1) Dwellings containing not more than four (4) residential units, regardless of the purpose of such dwellings; (2) Vacant lots zoned or designated for use as residential property; or (3) Agricultural land. (b) This chapter does not apply to transactions involving loans made by mortgage lenders on: (1) Commercial real estate; or (2) Industrial or other real estate not included in subsection (a). Acts 2005, ch. 273, § 4.
(a) This chapter applies to transactions involving loans made by mortgage lenders utilizing settlement agents, which loans shall be secured by deeds of trust or mortgages on real estate, on the following: (1) Dwellings containing not more than four (4) residential units, regardless of the purpose of such dwellings; (2) Vacant lots zoned or designated for use as residential property; or (3) Agricultural land.
(1) Dwellings containing not more than four (4) residential units, regardless of the purpose of such dwellings;
(2) Vacant lots zoned or designated for use as residential property; or
(3) Agricultural land.
(b) This chapter does not apply to transactions involving loans made by mortgage lenders on: (1) Commercial real estate; or (2) Industrial or other real estate not included in subsection (a).
(1) Commercial real estate; or
(2) Industrial or other real estate not included in subsection (a).
Acts 2005, ch. 273, § 4.
Tenn. Code Ann. § 47-3-108 — TN Code / Title 47 / Chapter 3 / Section 47-3-108
Payable on demand or at definite time
Status: in_force

(a) A promise or order is "payable on demand" if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder, or (ii) does not state any time of payment. (b) A promise or order is "payable at a definite time" if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (i) prepayment, (ii) acceleration, (iii) extension at the option of the holder, or (iv) extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event. (c) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date. Acts 1995, ch. 397, § 2.
(a) A promise or order is "payable on demand" if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder, or (ii) does not state any time of payment.
(b) A promise or order is "payable at a definite time" if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (i) prepayment, (ii) acceleration, (iii) extension at the option of the holder, or (iv) extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.
(c) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-118 — TN Code / Title 47 / Chapter 18 / Section 47-18-118
Failure to respond to request for information
Status: in_force

Upon receipt of a written request from the attorney general, failing to submit written answers concerning the basis upon which the approximate verifiable retail value was determined pursuant to the requirements of § 47-18-120(c)(1)(D) and (E) , including supplying the attorney general with copies of invoices, receipts, or other business records that would substantiate the disclosed retail value, shall be a violation of this part. Amended by 2019 Tenn. Acts, ch. 459,s 15, eff. 9/30/2019. Acts 1989, ch. 498, § 4.
Upon receipt of a written request from the attorney general, failing to submit written answers concerning the basis upon which the approximate verifiable retail value was determined pursuant to the requirements of § 47-18-120(c)(1)(D) and (E) , including supplying the attorney general with copies of invoices, receipts, or other business records that would substantiate the disclosed retail value, shall be a violation of this part.
Amended by 2019 Tenn. Acts, ch. 459,s 15, eff. 9/30/2019.
Acts 1989, ch. 498, § 4.
Tenn. Code Ann. § 47-25-904 — TN Code / Title 47 / Chapter 25 / Section 47-25-904
Misleading name unlawful - Misrepresenting retail sale unlawful
Status: in_force

(a) It is an unlawful trade practice for any person engaged in selling household furniture, appliances, or floor covering merchandise to an individual consumer, to incorporate in that person's business name, or otherwise to use in describing the business, the words "manufacturer," "broker," or "wholesaler," or any derivative of, or synonym for, any of them, unless such person is, in fact, engaged in such business, in addition to the business of selling the merchandise to individual consumers. (b) In cases where a person is engaged in manufacturing or wholesaling, and is in addition thereto engaged in making sales at retail to individual consumers, it is an unlawful trade practice for such person to imply, directly or indirectly, in connection with sales to individual consumers, that the selling price is other than a retail price, unless the sale is for resale. Acts 1957, ch. 410, § 5; T.C.A., §§ 69-604, 47-25-504.
(a) It is an unlawful trade practice for any person engaged in selling household furniture, appliances, or floor covering merchandise to an individual consumer, to incorporate in that person's business name, or otherwise to use in describing the business, the words "manufacturer," "broker," or "wholesaler," or any derivative of, or synonym for, any of them, unless such person is, in fact, engaged in such business, in addition to the business of selling the merchandise to individual consumers.
(b) In cases where a person is engaged in manufacturing or wholesaling, and is in addition thereto engaged in making sales at retail to individual consumers, it is an unlawful trade practice for such person to imply, directly or indirectly, in connection with sales to individual consumers, that the selling price is other than a retail price, unless the sale is for resale.
Acts 1957, ch. 410, § 5; T.C.A., §§ 69-604, 47-25-504.
Tenn. Code Ann. § 47-18-804 — TN Code / Title 47 / Chapter 18 / Section 47-18-804
Jurisdiction and limitation of actions
Status: in_force

Any action brought under this part may be brought in any court of competent jurisdiction in this state during a period of one (1) year commencing on the date of occurrence of the violation. Acts 1974, ch. 727, § 4; T.C.A., § 47-17-104.
Any action brought under this part may be brought in any court of competent jurisdiction in this state during a period of one (1) year commencing on the date of occurrence of the violation.
Acts 1974, ch. 727, § 4; T.C.A., § 47-17-104.
Tenn. Code Ann. § 47-18-1807 — TN Code / Title 47 / Chapter 18 / Section 47-18-1807
Civil actions - Damages - Declaratory judgments - Costs
Status: in_force

(a) Any person who manufactures, assembles or packages articles containing food who has suffered or will suffer an ascertainable loss as a result of a violation of this part may commence a civil action against any manufacturer who is alleged to have violated or to be in violation of this part. (b) The action may be brought in a court of competent jurisdiction in the county where any alleged sale took place, is taking place, or is about to take place, or in the county in which the alleged violator resides, has its principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found. (c) If the court finds that the violation was a willful or knowing violation, the court shall award three (3) times the actual damages sustained and provide such other relief as it considers necessary and proper. (d) A person commencing a civil action under this section shall serve a copy of the action on the attorney general. In any action under this section, the attorney general, if not a party, may intervene as a matter of right at any time in the proceeding. (e) Without regard to any other remedy or relief to which a person is entitled, anyone affected by a violation of this part may bring an action to obtain a declaratory judgment that the part or practice violates this part and to enjoin the person who has violated, is violating, or who is otherwise likely to violate this part; provided, that such action shall not be filed or shall not be continued if the attorney general has commenced or intervened in a proceeding pursuant to § 47-18-1805 . (f) The court, in issuing any final order in any action brought pursuant to this section, shall award costs of litigation (including reasonable attorney fees) to the prevailing party. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Tennessee Rules of Civil Procedure. Amended by 2019 Tenn. Acts, ch. 459,s 36, eff. 9/30/2019. Acts 1997, ch. 244, § 7.
(a) Any person who manufactures, assembles or packages articles containing food who has suffered or will suffer an ascertainable loss as a result of a violation of this part may commence a civil action against any manufacturer who is alleged to have violated or to be in violation of this part.
(b) The action may be brought in a court of competent jurisdiction in the county where any alleged sale took place, is taking place, or is about to take place, or in the county in which the alleged violator resides, has its principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
(c) If the court finds that the violation was a willful or knowing violation, the court shall award three (3) times the actual damages sustained and provide such other relief as it considers necessary and proper.
(d) A person commencing a civil action under this section shall serve a copy of the action on the attorney general. In any action under this section, the attorney general, if not a party, may intervene as a matter of right at any time in the proceeding.
(e) Without regard to any other remedy or relief to which a person is entitled, anyone affected by a violation of this part may bring an action to obtain a declaratory judgment that the part or practice violates this part and to enjoin the person who has violated, is violating, or who is otherwise likely to violate this part; provided, that such action shall not be filed or shall not be continued if the attorney general has commenced or intervened in a proceeding pursuant to § 47-18-1805 .
(f) The court, in issuing any final order in any action brought pursuant to this section, shall award costs of litigation (including reasonable attorney fees) to the prevailing party. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Tennessee Rules of Civil Procedure.
Amended by 2019 Tenn. Acts, ch. 459,s 36, eff. 9/30/2019.
Acts 1997, ch. 244, § 7.
Tenn. Code Ann. § 47-9-409 — TN Code / Title 47 / Chapter 9 / Section 47-9-409
Restrictions on assignment of letter-of-credit rights ineffective
Status: in_force

(a) Term or law restricting assignment generally ineffective. A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice: (1) would impair the creation, attachment, or perfection of a security interest in the letter-of-credit right; or (2) provides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right. (b) Limitation on ineffectiveness under subsection (a). To the extent that a term in a letter of credit is ineffective under subsection (a) but would be effective under law other than this chapter or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter-of-credit, or to the assignment of a right to proceeds of the letter-of-credit, the creation, attachment, or perfection of a security interest in the letter-of-credit right: (1) is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary; (2) imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and (3) does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party. Acts 2000, ch. 846, § 1.
(a) Term or law restricting assignment generally ineffective. A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice: (1) would impair the creation, attachment, or perfection of a security interest in the letter-of-credit right; or (2) provides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
(1) would impair the creation, attachment, or perfection of a security interest in the letter-of-credit right; or
(2) provides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
(b) Limitation on ineffectiveness under subsection (a). To the extent that a term in a letter of credit is ineffective under subsection (a) but would be effective under law other than this chapter or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter-of-credit, or to the assignment of a right to proceeds of the letter-of-credit, the creation, attachment, or perfection of a security interest in the letter-of-credit right: (1) is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary; (2) imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and (3) does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.
(1) is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary;
(2) imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and
(3) does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-13-114 — TN Code / Title 47 / Chapter 13 / Section 47-13-114
Release of sureties
Status: in_force

The sureties of a trustee or assignee for the benefit of creditors may be released in the manner prescribed in title 29, chapter 33. Code 1858, §1978; Shan., § 3527; Code 1932, § 7786; T.C.A. (orig. ed.), § 47-1514.
The sureties of a trustee or assignee for the benefit of creditors may be released in the manner prescribed in title 29, chapter 33.
Code 1858, §1978; Shan., § 3527; Code 1932, § 7786; T.C.A. (orig. ed.), § 47-1514.
Tenn. Code Ann. § 47-4a-301 — TN Code / Title 47 / Chapter 4a / Section 47-4a-301
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 3 - EXECUTION OF SENDER'S PAYMENT ORDER BY RECEIVING BANK (§§ 47-4A-301 — 47-4A-305) Section 47-4A-301 - Execution and execution date
Status: in_force

(a) A payment order is "executed" by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed. (b) "Execution date" of a payment order means the day on which the receiving bank may properly issue a payment order in execution of the sender's order. The execution date may be determined by instruction of the sender but cannot be earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the sender's instruction states a payment date, the execution date is the payment date or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary on the payment date. Acts 1991, ch. 52, § 1.
(a) A payment order is "executed" by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed.
(b) "Execution date" of a payment order means the day on which the receiving bank may properly issue a payment order in execution of the sender's order. The execution date may be determined by instruction of the sender but cannot be earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the sender's instruction states a payment date, the execution date is the payment date or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary on the payment date.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-4-406 — TN Code / Title 47 / Chapter 4 / Section 47-4-406
Customer's duty to review statements of account
Status: in_force

(a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount, and date of payment. (b) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of seven (7) years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item. (c) If a bank sends or makes available a statement of account or items pursuant to subsection (a), the customer must exercise reasonable promptness in examining the statement or the items to determine whether (i) any payment was not authorized because of an alteration of an item or an unauthorized signature purportedly made by or on behalf of the customer, or because the payment was made in an incorrect amount, or (ii) a deposit is missing or has been incorrectly credited. If, based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment or missing or incorrectly credited deposit, the customer must promptly notify the bank of the relevant facts. (d) If the bank proves that the customer failed, with respect to an item or deposit, to comply with the duties imposed on the customer by subsection (c), the customer is precluded from asserting against the bank: (1) Such payment or missing or incorrectly credited deposit, if the bank also proves that it suffered a loss by reason of the failure; and (2) the customer's unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding thirty (30) days, in which to examine the item or statement of account and notify the bank. (e) If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection (d) does not apply. (f) A customer who does not within one (1) year after the statement or items are made available to the customer (subsection (a)) discover and report an occurrence referred in subsection (c) is precluded from asserting against the bank any claim with respect thereto. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under § 47-4-208 with respect to the unauthorized signature or alteration to which the preclusion applies. Acts 1963, ch. 81, § 1 (4-406); 1991, ch. 52, § 3; 1995, ch. 397, § 3.
(a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount, and date of payment.
(b) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of seven (7) years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item.
(c) If a bank sends or makes available a statement of account or items pursuant to subsection (a), the customer must exercise reasonable promptness in examining the statement or the items to determine whether (i) any payment was not authorized because of an alteration of an item or an unauthorized signature purportedly made by or on behalf of the customer, or because the payment was made in an incorrect amount, or (ii) a deposit is missing or has been incorrectly credited. If, based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment or missing or incorrectly credited deposit, the customer must promptly notify the bank of the relevant facts.
(d) If the bank proves that the customer failed, with respect to an item or deposit, to comply with the duties imposed on the customer by subsection (c), the customer is precluded from asserting against the bank: (1) Such payment or missing or incorrectly credited deposit, if the bank also proves that it suffered a loss by reason of the failure; and (2) the customer's unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding thirty (30) days, in which to examine the item or statement of account and notify the bank.
(1) Such payment or missing or incorrectly credited deposit, if the bank also proves that it suffered a loss by reason of the failure; and
(2) the customer's unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding thirty (30) days, in which to examine the item or statement of account and notify the bank.
(e) If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection (d) does not apply.
(f) A customer who does not within one (1) year after the statement or items are made available to the customer (subsection (a)) discover and report an occurrence referred in subsection (c) is precluded from asserting against the bank any claim with respect thereto. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under § 47-4-208 with respect to the unauthorized signature or alteration to which the preclusion applies.
Acts 1963, ch. 81, § 1 (4-406); 1991, ch. 52, § 3; 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-9-628 — TN Code / Title 47 / Chapter 9 / Section 47-9-628
Nonliability and limitation on liability of secured party - Liability of secondary obligor
Status: in_force

(a) Limitation of liability of secured party for noncompliance with chapter. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: (1) the secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and (2) the secured party's failure to comply with this chapter does not affect the liability of the person for a deficiency. (b) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party: (1) to a person that is a debtor or obligor, unless the secured party knows: (A) that the person is a debtor or obligor; (B) the identity of the person; and (C) how to communicate with the person; or (2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (A) that the person is a debtor; and (B) the identity of the person. (c) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on: (1) a debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or (2) an obligor's representation concerning the purpose for which a secured obligation was incurred. (d) Limitation of liability for statutory damages. A secured party is not liable to any person under § 47-9-625(c)(2) for its failure to comply with § 47-9-616 . (e) Limitation of multiple liability for statutory damages. A secured party is not liable under § 47-9-625(c)(2) more than once with respect to any one (1) secured obligation. Acts 2000, ch. 846, § 1.
(a) Limitation of liability of secured party for noncompliance with chapter. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: (1) the secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and (2) the secured party's failure to comply with this chapter does not affect the liability of the person for a deficiency.
(1) the secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and
(2) the secured party's failure to comply with this chapter does not affect the liability of the person for a deficiency.
(b) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party: (1) to a person that is a debtor or obligor, unless the secured party knows: (A) that the person is a debtor or obligor; (B) the identity of the person; and (C) how to communicate with the person; or (2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (A) that the person is a debtor; and (B) the identity of the person.
(1) to a person that is a debtor or obligor, unless the secured party knows: (A) that the person is a debtor or obligor; (B) the identity of the person; and (C) how to communicate with the person; or
(A) that the person is a debtor or obligor;
(B) the identity of the person; and
(C) how to communicate with the person; or
(2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (A) that the person is a debtor; and (B) the identity of the person.
(A) that the person is a debtor; and
(B) the identity of the person.
(c) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on: (1) a debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or (2) an obligor's representation concerning the purpose for which a secured obligation was incurred.
(1) a debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or
(2) an obligor's representation concerning the purpose for which a secured obligation was incurred.
(d) Limitation of liability for statutory damages. A secured party is not liable to any person under § 47-9-625(c)(2) for its failure to comply with § 47-9-616 .
(e) Limitation of multiple liability for statutory damages. A secured party is not liable under § 47-9-625(c)(2) more than once with respect to any one (1) secured obligation.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-32-102 — TN Code / Title 47 / Chapter 32 / Section 47-32-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agricultural land" means land used for agriculture, as defined in § 1-3-105 ; (2) "Commercial real estate," for purposes of this chapter only, means any real estate used for any business purpose, including one (1) to four (4) residential units or parcels of unimproved, residential property sold to a person for the purpose of constructing, renovating or developing the property for resale or lease; (3) "Disbursement of loan funds" means the delivery of the loan funds by the mortgage lender to the settlement agent in one (1) or more of the following forms: (A) Cash; (B) Federal funds wire transfer including electronic payment, as defined in federal reserve regulation CC ( 12 CFR 229.2(p) ); (C) Checks issued by the state of Tennessee or a political subdivision of the state; (D) Cashier's check, as defined in 12 CFR 229.2(i) ; (E) Teller's check, as defined in 12 CFR 229.2(gg) , that is issued by a financial institution and drawn or payable through a financial institution; (F) Checks issued by an instrumentality of the United States organized and existing under the Farm Credit Act of 1971, compiled in 12 U.S.C. § 2001 et seq.; (G) A direct deposit by a financial institution to the account of a settlement agent held in the same institution; or (H) Checks issued from the escrow or trust account of a real estate broker licensed pursuant to the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13, and drawn on or payable through a financial institution within the same federal reserve check processing region as the location of the settlement agent in an amount not to exceed the earnest money paid by the purchaser and collected in the escrow or trust account; (4) "Disbursement of settlement proceeds" means the payment of any proceeds of the transaction by the settlement agent to the persons entitled to the proceeds; (5) "Dwelling" means a residential structure or mobile home that contains one (1) to four (4) family housing units, or individual units of condominiums or cooperatives; (6) "Financial institution" means a bank, savings and loan association, or credit union, the accounts of which are insured by the federal deposit insurance corporation or the national credit union administration; (7) "Loan closing" means that time agreed upon by the borrower and lender, when the execution of the loan documents by the borrower occurs; (8) "Loan documents" means the note evidencing the debt due the lender, the deed of trust, or mortgage securing the debt due to the lender, and any other documents required by the lender to be executed by the borrower as a part of the transaction; (9) "Loan funds" means the gross or net proceeds of the loan to be disbursed by the lender, in one (1) of the forms identified in subdivision (3), at loan closing; (10) "Mortgage" means a "mortgage" or "deed of trust" as defined in and allowed pursuant to § 66-5-103 ; (11) "Mortgage lender" means any person who, in the regular course of business, lends money that is secured by a mortgage or deed of trust on real estate. "Mortgage lender" includes a "mortgage loan broker" and "mortgage loan servicer"; (12) "Mortgage loan" means any loan secured by a mortgage, intended for any purpose; (13) "Mortgage loan broker" means any person who, for compensation or other gain, paid directly or indirectly, or in expectation of compensation or other gain, solicits, processes, places, negotiates or originates mortgage loans for others, or offers to solicit, process, place, negotiate or originate mortgage loans for others, or who close mortgage loans that may be in the mortgage loan broker's own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such loans; regardless of whether the acts are done directly or indirectly, through contact by telephone, by electric means, by mail, or in person with the borrowers or potential borrowers; (14) "Mortgage loan servicer" means any person who, in the regular course of business, assumes responsibility for servicing and accepting payments for a mortgage loan; (15) "Settlement" means the time when the settlement agent has received the duly executed deed, loan funds, loan documents, and other documents and funds required to carry out the terms of the contract between the parties, and the settlement agent reasonably determines that prerecordation conditions of such contracts have been satisfied. "Parties," as used in this subdivision (15), means the seller, purchaser, borrower, lender and the settlement agent; and (16) "Settlement agent" means the person, other than a mortgage lender, responsible for conducting the settlement and disbursement of the settlement proceeds, and includes any individual, corporation, partnership, or other entity conducting the settlement, collection and disbursement of loan proceeds. Acts 2005, ch. 273, § 3; 2006, ch. 632, §§1, 2; 2007 , ch. 286, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Agricultural land" means land used for agriculture, as defined in § 1-3-105 ;
(2) "Commercial real estate," for purposes of this chapter only, means any real estate used for any business purpose, including one (1) to four (4) residential units or parcels of unimproved, residential property sold to a person for the purpose of constructing, renovating or developing the property for resale or lease;
(3) "Disbursement of loan funds" means the delivery of the loan funds by the mortgage lender to the settlement agent in one (1) or more of the following forms: (A) Cash; (B) Federal funds wire transfer including electronic payment, as defined in federal reserve regulation CC ( 12 CFR 229.2(p) ); (C) Checks issued by the state of Tennessee or a political subdivision of the state; (D) Cashier's check, as defined in 12 CFR 229.2(i) ; (E) Teller's check, as defined in 12 CFR 229.2(gg) , that is issued by a financial institution and drawn or payable through a financial institution; (F) Checks issued by an instrumentality of the United States organized and existing under the Farm Credit Act of 1971, compiled in 12 U.S.C. § 2001 et seq.; (G) A direct deposit by a financial institution to the account of a settlement agent held in the same institution; or (H) Checks issued from the escrow or trust account of a real estate broker licensed pursuant to the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13, and drawn on or payable through a financial institution within the same federal reserve check processing region as the location of the settlement agent in an amount not to exceed the earnest money paid by the purchaser and collected in the escrow or trust account;
(A) Cash;
(B) Federal funds wire transfer including electronic payment, as defined in federal reserve regulation CC ( 12 CFR 229.2(p) );
(C) Checks issued by the state of Tennessee or a political subdivision of the state;
(D) Cashier's check, as defined in 12 CFR 229.2(i) ;
(E) Teller's check, as defined in 12 CFR 229.2(gg) , that is issued by a financial institution and drawn or payable through a financial institution;
(F) Checks issued by an instrumentality of the United States organized and existing under the Farm Credit Act of 1971, compiled in 12 U.S.C. § 2001 et seq.;
(G) A direct deposit by a financial institution to the account of a settlement agent held in the same institution; or
(H) Checks issued from the escrow or trust account of a real estate broker licensed pursuant to the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13, and drawn on or payable through a financial institution within the same federal reserve check processing region as the location of the settlement agent in an amount not to exceed the earnest money paid by the purchaser and collected in the escrow or trust account;
(4) "Disbursement of settlement proceeds" means the payment of any proceeds of the transaction by the settlement agent to the persons entitled to the proceeds;
(5) "Dwelling" means a residential structure or mobile home that contains one (1) to four (4) family housing units, or individual units of condominiums or cooperatives;
(6) "Financial institution" means a bank, savings and loan association, or credit union, the accounts of which are insured by the federal deposit insurance corporation or the national credit union administration;
(7) "Loan closing" means that time agreed upon by the borrower and lender, when the execution of the loan documents by the borrower occurs;
(8) "Loan documents" means the note evidencing the debt due the lender, the deed of trust, or mortgage securing the debt due to the lender, and any other documents required by the lender to be executed by the borrower as a part of the transaction;
(9) "Loan funds" means the gross or net proceeds of the loan to be disbursed by the lender, in one (1) of the forms identified in subdivision (3), at loan closing;
(10) "Mortgage" means a "mortgage" or "deed of trust" as defined in and allowed pursuant to § 66-5-103 ;
(11) "Mortgage lender" means any person who, in the regular course of business, lends money that is secured by a mortgage or deed of trust on real estate. "Mortgage lender" includes a "mortgage loan broker" and "mortgage loan servicer";
(12) "Mortgage loan" means any loan secured by a mortgage, intended for any purpose;
(13) "Mortgage loan broker" means any person who, for compensation or other gain, paid directly or indirectly, or in expectation of compensation or other gain, solicits, processes, places, negotiates or originates mortgage loans for others, or offers to solicit, process, place, negotiate or originate mortgage loans for others, or who close mortgage loans that may be in the mortgage loan broker's own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such loans; regardless of whether the acts are done directly or indirectly, through contact by telephone, by electric means, by mail, or in person with the borrowers or potential borrowers;
(14) "Mortgage loan servicer" means any person who, in the regular course of business, assumes responsibility for servicing and accepting payments for a mortgage loan;
(15) "Settlement" means the time when the settlement agent has received the duly executed deed, loan funds, loan documents, and other documents and funds required to carry out the terms of the contract between the parties, and the settlement agent reasonably determines that prerecordation conditions of such contracts have been satisfied. "Parties," as used in this subdivision (15), means the seller, purchaser, borrower, lender and the settlement agent; and
(16) "Settlement agent" means the person, other than a mortgage lender, responsible for conducting the settlement and disbursement of the settlement proceeds, and includes any individual, corporation, partnership, or other entity conducting the settlement, collection and disbursement of loan proceeds.
Acts 2005, ch. 273, § 3; 2006, ch. 632, §§1, 2; 2007 , ch. 286, § 1.
Tenn. Code Ann. § 47-28-110 — TN Code / Title 47 / Chapter 28 / Section 47-28-110
Applicability and construction of chapter
Status: in_force

This chapter applies to all loan or credit agreements and mortgages entered into from and after June 30, 1987. No provision herein shall be construed to: (1) Invalidate a provision of any mortgage or contract entered into prior to June 30, 1987; (2) Deny or curtail the right to a release of lien where the obligation it secures has been fully paid or satisfied; or (3) Deny or curtail the right to a partial release except in the case of an open-end mortgage. Acts 1987, ch. 137, § 10.
This chapter applies to all loan or credit agreements and mortgages entered into from and after June 30, 1987. No provision herein shall be construed to:
(1) Invalidate a provision of any mortgage or contract entered into prior to June 30, 1987;
(2) Deny or curtail the right to a release of lien where the obligation it secures has been fully paid or satisfied; or
(3) Deny or curtail the right to a partial release except in the case of an open-end mortgage.
Acts 1987, ch. 137, § 10.
Tenn. Code Ann. § 47-25-1913 — TN Code / Title 47 / Chapter 25 / Section 47-25-1913
Waiver - Severability
Status: in_force

(a) This part shall not be waivable in any contract, and any such attempted waiver shall be null and void. (b) Any contractual term restricting the procedural or substantive rights of a dealer under this part, including a choice of law or choice of forum clause, is void. (c) If any provision of this part or the application of this part is held invalid, it shall not affect other provisions, items or applications of this part that can be given effect without the invalid provisions, items or applications, and to this end the provisions of this part are declared severable. Acts 2007, ch. 188, § 14.
(a) This part shall not be waivable in any contract, and any such attempted waiver shall be null and void.
(b) Any contractual term restricting the procedural or substantive rights of a dealer under this part, including a choice of law or choice of forum clause, is void.
(c) If any provision of this part or the application of this part is held invalid, it shall not affect other provisions, items or applications of this part that can be given effect without the invalid provisions, items or applications, and to this end the provisions of this part are declared severable.
Acts 2007, ch. 188, § 14.
Tenn. Code Ann. § 47-25-501 — TN Code / Title 47 / Chapter 25 / Section 47-25-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) A mark shall be deemed to be "abandoned" when either of the following occurs: (A) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non-use for two (2) consecutive years shall constitute prima facie evidence of abandonment; or (B) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark. (2) "Applicant" embraces the person filing an application for registration of a mark under this part, and the legal representatives, successors, or assigns of such person; (3) "Dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of: (A) Competition between the owner of the famous mark and other parties; or (B) Likelihood of confusion, mistake, or deception; (4) "Mark" includes any trademark or service mark, entitled to registration under this part whether registered or not; (5) "Person" and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under this part includes a juristic person as well as a natural person. "Juristic person" includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law; (6) "Registrant" embraces the person to whom the registration of a mark under this part is issued, and the legal representatives, successors, or assigns of such person; (7) "Secretary" means the secretary of state or the designee of the secretary charged with the administration of this part; (8) "Service mark" means any word, name, symbol, or device or any combination thereof used by a person, to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor; (9) "Trade name" means any name used by a person to identify a business or vocation of such person; and (10) "Trademark" means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown; (11) "Use" means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this part, a mark shall be deemed to be in use: (A) On goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state; and (B) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state. Acts 1982, ch. 698, § 2; T.C.A., §§ 69-530, 47-25-422; Acts 1998, ch. 776, § 1; 2000, ch. 671, § 1.
As used in this part, unless the context otherwise requires:
(1) A mark shall be deemed to be "abandoned" when either of the following occurs: (A) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non-use for two (2) consecutive years shall constitute prima facie evidence of abandonment; or (B) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.
(A) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non-use for two (2) consecutive years shall constitute prima facie evidence of abandonment; or
(B) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.
(2) "Applicant" embraces the person filing an application for registration of a mark under this part, and the legal representatives, successors, or assigns of such person;
(3) "Dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of: (A) Competition between the owner of the famous mark and other parties; or (B) Likelihood of confusion, mistake, or deception;
(A) Competition between the owner of the famous mark and other parties; or
(B) Likelihood of confusion, mistake, or deception;
(4) "Mark" includes any trademark or service mark, entitled to registration under this part whether registered or not;
(5) "Person" and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under this part includes a juristic person as well as a natural person. "Juristic person" includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law;
(6) "Registrant" embraces the person to whom the registration of a mark under this part is issued, and the legal representatives, successors, or assigns of such person;
(7) "Secretary" means the secretary of state or the designee of the secretary charged with the administration of this part;
(8) "Service mark" means any word, name, symbol, or device or any combination thereof used by a person, to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor;
(9) "Trade name" means any name used by a person to identify a business or vocation of such person; and
(10) "Trademark" means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown;
(11) "Use" means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this part, a mark shall be deemed to be in use: (A) On goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state; and (B) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
(A) On goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state; and
(B) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
Acts 1982, ch. 698, § 2; T.C.A., §§ 69-530, 47-25-422; Acts 1998, ch. 776, § 1; 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-14-110 — TN Code / Title 47 / Chapter 14 / Section 47-14-110
Usury as a defense
Status: in_force

(a) A defendant sued for money may avoid the excess over lawful interest by pleading usury, setting forth the amount of such excess. (b) In order to sustain a defense of usury, the burden is on the party claiming usury. Acts 1979, ch. 203, § 9.
(a) A defendant sued for money may avoid the excess over lawful interest by pleading usury, setting forth the amount of such excess.
(b) In order to sustain a defense of usury, the burden is on the party claiming usury.
Acts 1979, ch. 203, § 9.
Tenn. Code Ann. § 47-2-313 — TN Code / Title 47 / Chapter 2 / Section 47-2-313
Express warranties by affirmation, promise, description, sample
Status: in_force

(1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model. (2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty. Acts 1963, ch. 81, § 1 (2-313).
(1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
(c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.
Acts 1963, ch. 81, § 1 (2-313).
Tenn. Code Ann. § 47-18-124 — TN Code / Title 47 / Chapter 18 / Section 47-18-124
Prizes - Unfair or deceptive practices
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Prize" means a gift, award, incentive promotion, or other item or service of value. "Prize" includes, but is not limited to, anything of value that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, incentive offer, premium promotion or similar promotional offer by whatever name the company uses, scheme, plan, or other selection process; (2) "Retail value" of a prize includes: (A) A price at which the sponsor can substantiate that a substantial number of the goods or services which constitute the prizes have been sold to the public in Tennessee in the preceding year; or (B) If the sponsor is unable to satisfy the requirement in subdivision (a)(2)(A), then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and (3) "Sponsor" includes a corporation, partnership, limited liability company, sole proprietorship, or natural person, that requires a person in Tennessee to pay the sponsor money as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize, or that creates the reasonable impression that such a payment is required. (b) No sponsor shall require a person in Tennessee to pay the sponsor money as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize, nor shall a sponsor use any solicitation that creates the reasonable impression that a payment is required, unless the person has first received a written prize notice containing the information required in subsections (c) and (d). (c) A written prize notice must contain each of the following: (1) The true name or names of the sponsor and the address of the sponsor's actual principal place of business; (2) The retail value of each prize the person receiving the notice has been selected to receive or may be eligible to receive; (3) A statement of the person's odds of receiving each prize identified in the notice; (4) Any requirement that the person pay shipping or handling fees or any other charges to obtain or use a prize, including the nature and amount of the charges; (5) If receipt of the prize is subject to a restriction, a statement that a restriction applies, and a description of the restriction; (6) Any limitations on eligibility; and (7) If a sponsor represents that the person is a "winner," is a "finalist," has been "specially selected," is in "first place," or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, the written prize notice must contain a statement of the maximum number of persons in the group or purported group with this enhanced likelihood of receiving a prize. (d) The information required by subsection (c) must be presented in the following form: (1) The retail value and the statement of odds required under subdivisions (c)(2) and (3) must be stated in immediate proximity to each identification of a prize on the written notice, and must be in the same size and boldness of type as the reference to the prize; (2) The statement of odds must include for each prize, the total number of prizes to be given away and the total number of written prize notices to be distributed. The number of prizes and written prize notices must be stated in Arabic numerals. The statement of odds must be in the following form: "____________________ (number of prizes) out of ____________________ notices distributed". (3) A statement required under subdivision (c)(7) must appear in immediate proximity to each representation that the person is among a group of persons with an enhanced likelihood of receiving a prize, and must be in the same size and boldness of type as the representation. (e) A sponsor who represents to a person that the person has been awarded a prize shall, not later than thirty (30) days after making the representation, provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right to receive the prize, or shall provide the person with either of the following items selected by the person: (1) Any other prize listed in the written prize notice that is available and that is of equal or greater value; or (2) The retail value of the prize, as stated in the written notice, in the form of cash, a money order, or a certified check. (f) Nothing in this section creates liability for acts by the publisher, owner, agent, or employee of a newspaper, periodical, radio station, advertising medium arising out of the publication or dissemination of a solicitation, notice, or promotion governed by this section, unless the publisher, owner, agent, or employee had knowledge that the solicitation, notice, or promotion violated the requirements of this section, or had financial interest in the solicitation, notice, or promotion governed by this section. (g) This section does not apply to: (1) Advertising and promotional plans of persons covered by the Tennessee Time-Share Act of 1981, compiled in title 66, chapter 32, part 1, or the Membership Camping Act, compiled in title 66, chapter 32, part 3; (2) (A) Retail promotions which offer savings on consumer goods or services, including "one-cent sales," "two-for-the-price-of-one sales," or a manufacturer's "cents-off" coupons, when the consumer accepts the offer on-site. (B) The burden of proving these exemptions is upon the person claiming the exemption; and (3) This section does not apply to solicitations or representations in connection with the sale or purchase of books, recordings, videocassettes, periodicals, and similar goods through a membership group or club which is regulated by the federal trade commission or to contractual plans or arrangements such as continuity plans, subscription arrangements, standing order arrangements, supplements, single sales, and series arrangements, under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis. (h) Notwithstanding any other law, a violation of this section constitutes an unfair deceptive act or practice and, without limiting the scope of § 47-18-104 , shall be punishable by a civil penalty of a minimum of one thousand dollars ($1,000) to a maximum of ten (10) times the amount collected or requested by the offeror for each violation. Acts 1999, ch. 126, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Prize" means a gift, award, incentive promotion, or other item or service of value. "Prize" includes, but is not limited to, anything of value that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, incentive offer, premium promotion or similar promotional offer by whatever name the company uses, scheme, plan, or other selection process; (2) "Retail value" of a prize includes: (A) A price at which the sponsor can substantiate that a substantial number of the goods or services which constitute the prizes have been sold to the public in Tennessee in the preceding year; or (B) If the sponsor is unable to satisfy the requirement in subdivision (a)(2)(A), then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and (3) "Sponsor" includes a corporation, partnership, limited liability company, sole proprietorship, or natural person, that requires a person in Tennessee to pay the sponsor money as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize, or that creates the reasonable impression that such a payment is required.
(1) "Prize" means a gift, award, incentive promotion, or other item or service of value. "Prize" includes, but is not limited to, anything of value that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, incentive offer, premium promotion or similar promotional offer by whatever name the company uses, scheme, plan, or other selection process;
(2) "Retail value" of a prize includes: (A) A price at which the sponsor can substantiate that a substantial number of the goods or services which constitute the prizes have been sold to the public in Tennessee in the preceding year; or (B) If the sponsor is unable to satisfy the requirement in subdivision (a)(2)(A), then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and
(A) A price at which the sponsor can substantiate that a substantial number of the goods or services which constitute the prizes have been sold to the public in Tennessee in the preceding year; or
(B) If the sponsor is unable to satisfy the requirement in subdivision (a)(2)(A), then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and
(3) "Sponsor" includes a corporation, partnership, limited liability company, sole proprietorship, or natural person, that requires a person in Tennessee to pay the sponsor money as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize, or that creates the reasonable impression that such a payment is required.
(b) No sponsor shall require a person in Tennessee to pay the sponsor money as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize, nor shall a sponsor use any solicitation that creates the reasonable impression that a payment is required, unless the person has first received a written prize notice containing the information required in subsections (c) and (d).
(c) A written prize notice must contain each of the following: (1) The true name or names of the sponsor and the address of the sponsor's actual principal place of business; (2) The retail value of each prize the person receiving the notice has been selected to receive or may be eligible to receive; (3) A statement of the person's odds of receiving each prize identified in the notice; (4) Any requirement that the person pay shipping or handling fees or any other charges to obtain or use a prize, including the nature and amount of the charges; (5) If receipt of the prize is subject to a restriction, a statement that a restriction applies, and a description of the restriction; (6) Any limitations on eligibility; and (7) If a sponsor represents that the person is a "winner," is a "finalist," has been "specially selected," is in "first place," or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, the written prize notice must contain a statement of the maximum number of persons in the group or purported group with this enhanced likelihood of receiving a prize.
(1) The true name or names of the sponsor and the address of the sponsor's actual principal place of business;
(2) The retail value of each prize the person receiving the notice has been selected to receive or may be eligible to receive;
(3) A statement of the person's odds of receiving each prize identified in the notice;
(4) Any requirement that the person pay shipping or handling fees or any other charges to obtain or use a prize, including the nature and amount of the charges;
(5) If receipt of the prize is subject to a restriction, a statement that a restriction applies, and a description of the restriction;
(6) Any limitations on eligibility; and
(7) If a sponsor represents that the person is a "winner," is a "finalist," has been "specially selected," is in "first place," or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, the written prize notice must contain a statement of the maximum number of persons in the group or purported group with this enhanced likelihood of receiving a prize.
(d) The information required by subsection (c) must be presented in the following form: (1) The retail value and the statement of odds required under subdivisions (c)(2) and (3) must be stated in immediate proximity to each identification of a prize on the written notice, and must be in the same size and boldness of type as the reference to the prize; (2) The statement of odds must include for each prize, the total number of prizes to be given away and the total number of written prize notices to be distributed. The number of prizes and written prize notices must be stated in Arabic numerals. The statement of odds must be in the following form: "____________________ (number of prizes) out of ____________________ notices distributed". (3) A statement required under subdivision (c)(7) must appear in immediate proximity to each representation that the person is among a group of persons with an enhanced likelihood of receiving a prize, and must be in the same size and boldness of type as the representation.
(1) The retail value and the statement of odds required under subdivisions (c)(2) and (3) must be stated in immediate proximity to each identification of a prize on the written notice, and must be in the same size and boldness of type as the reference to the prize;
(2) The statement of odds must include for each prize, the total number of prizes to be given away and the total number of written prize notices to be distributed. The number of prizes and written prize notices must be stated in Arabic numerals. The statement of odds must be in the following form: "____________________ (number of prizes) out of ____________________ notices distributed".
"____________________ (number of prizes) out of ____________________ notices distributed".
(3) A statement required under subdivision (c)(7) must appear in immediate proximity to each representation that the person is among a group of persons with an enhanced likelihood of receiving a prize, and must be in the same size and boldness of type as the representation.
(e) A sponsor who represents to a person that the person has been awarded a prize shall, not later than thirty (30) days after making the representation, provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right to receive the prize, or shall provide the person with either of the following items selected by the person: (1) Any other prize listed in the written prize notice that is available and that is of equal or greater value; or (2) The retail value of the prize, as stated in the written notice, in the form of cash, a money order, or a certified check.
(1) Any other prize listed in the written prize notice that is available and that is of equal or greater value; or
(2) The retail value of the prize, as stated in the written notice, in the form of cash, a money order, or a certified check.
(f) Nothing in this section creates liability for acts by the publisher, owner, agent, or employee of a newspaper, periodical, radio station, advertising medium arising out of the publication or dissemination of a solicitation, notice, or promotion governed by this section, unless the publisher, owner, agent, or employee had knowledge that the solicitation, notice, or promotion violated the requirements of this section, or had financial interest in the solicitation, notice, or promotion governed by this section.
(g) This section does not apply to: (1) Advertising and promotional plans of persons covered by the Tennessee Time-Share Act of 1981, compiled in title 66, chapter 32, part 1, or the Membership Camping Act, compiled in title 66, chapter 32, part 3; (2) (A) Retail promotions which offer savings on consumer goods or services, including "one-cent sales," "two-for-the-price-of-one sales," or a manufacturer's "cents-off" coupons, when the consumer accepts the offer on-site. (B) The burden of proving these exemptions is upon the person claiming the exemption; and (3) This section does not apply to solicitations or representations in connection with the sale or purchase of books, recordings, videocassettes, periodicals, and similar goods through a membership group or club which is regulated by the federal trade commission or to contractual plans or arrangements such as continuity plans, subscription arrangements, standing order arrangements, supplements, single sales, and series arrangements, under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis.
(1) Advertising and promotional plans of persons covered by the Tennessee Time-Share Act of 1981, compiled in title 66, chapter 32, part 1, or the Membership Camping Act, compiled in title 66, chapter 32, part 3;
(2) (A) Retail promotions which offer savings on consumer goods or services, including "one-cent sales," "two-for-the-price-of-one sales," or a manufacturer's "cents-off" coupons, when the consumer accepts the offer on-site. (B) The burden of proving these exemptions is upon the person claiming the exemption; and
(A) Retail promotions which offer savings on consumer goods or services, including "one-cent sales," "two-for-the-price-of-one sales," or a manufacturer's "cents-off" coupons, when the consumer accepts the offer on-site.
(B) The burden of proving these exemptions is upon the person claiming the exemption; and
(3) This section does not apply to solicitations or representations in connection with the sale or purchase of books, recordings, videocassettes, periodicals, and similar goods through a membership group or club which is regulated by the federal trade commission or to contractual plans or arrangements such as continuity plans, subscription arrangements, standing order arrangements, supplements, single sales, and series arrangements, under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis.
(h) Notwithstanding any other law, a violation of this section constitutes an unfair deceptive act or practice and, without limiting the scope of § 47-18-104 , shall be punishable by a civil penalty of a minimum of one thousand dollars ($1,000) to a maximum of ten (10) times the amount collected or requested by the offeror for each violation.
Acts 1999, ch. 126, § 1.
Tenn. Code Ann. § 47-3-403 — TN Code / Title 47 / Chapter 3 / Section 47-3-403
Unauthorized signature
Status: in_force

(a) Unless otherwise provided in this chapter or chapter 4 of this title, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this chapter. (b) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking. (c) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this chapter which makes the unauthorized signature effective for the purposes of this chapter. Acts 1995, ch. 397, § 2.
(a) Unless otherwise provided in this chapter or chapter 4 of this title, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this chapter.
(b) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.
(c) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this chapter which makes the unauthorized signature effective for the purposes of this chapter.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-2-603 — TN Code / Title 47 / Chapter 2 / Section 47-2-603
Merchant buyer's duties as to rightfully rejected goods
Status: in_force

(1) Subject to any security interest in the buyer (§ 47-2-711(3) ), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller's account if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming. (2) When the buyer sells goods under subsection (1), he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding ten percent (10%) on the gross proceeds. (3) In complying with this section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages. Acts 1963, ch. 81, § 1 (2-603).
(1) Subject to any security interest in the buyer (§ 47-2-711(3) ), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller's account if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.
(2) When the buyer sells goods under subsection (1), he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding ten percent (10%) on the gross proceeds.
(3) In complying with this section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages.
Acts 1963, ch. 81, § 1 (2-603).
Tenn. Code Ann. § 47-25-502 — TN Code / Title 47 / Chapter 25 / Section 47-25-502
Registrability
Status: in_force

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; (3) Consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; (4) Consists of or comprises the name, signature, or portrait identifying a particular living individual, except with that individual's written consent; (5) Consists of a mark which: (A) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; (B) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or (C) Is primarily merely a surname; provided, that nothing in this subdivision (5) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or (6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion, mistake or deception. Acts 1982, ch. 698, § 3; T.C.A., §§ 69-531, 47-25-423; Acts 2000, ch. 671, § 1.
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(1) Consists of or comprises immoral, deceptive, or scandalous matter;
(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute;
(3) Consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof;
(4) Consists of or comprises the name, signature, or portrait identifying a particular living individual, except with that individual's written consent;
(5) Consists of a mark which: (A) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; (B) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or (C) Is primarily merely a surname; provided, that nothing in this subdivision (5) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or
(A) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(B) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(C) Is primarily merely a surname; provided, that nothing in this subdivision (5) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or
provided, that nothing in this subdivision (5) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or
(6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion, mistake or deception.
Acts 1982, ch. 698, § 3; T.C.A., §§ 69-531, 47-25-423; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-26-1010 — TN Code / Title 47 / Chapter 26 / Section 47-26-1010
Expiration and renewal of licenses
Status: in_force

(a) The commissioner shall establish a system of license renewals at alternative intervals throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license period. During a transition period, or at any time thereafter, when the commissioner determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The application fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee, except that the proportional fee shall be rounded out to the nearest quarter of a dollar ($0.25). Application fees shall be nonrefundable. While the commissioner will attempt to forward public weighmaster license renewal forms to all currently licensed individuals, it is the licensed individual's ultimate responsibility to ensure that their license remains current. (b) A thirty-day grace period shall be given to renew licenses. After the grace period expires, a twenty-five dollar ($25.00) late fee (not prorated per day) shall be levied on each renewal application received. Acts 1997, ch. 311, § 2; 1998, ch. 598, § 2.
(a) The commissioner shall establish a system of license renewals at alternative intervals throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license period. During a transition period, or at any time thereafter, when the commissioner determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The application fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee, except that the proportional fee shall be rounded out to the nearest quarter of a dollar ($0.25). Application fees shall be nonrefundable. While the commissioner will attempt to forward public weighmaster license renewal forms to all currently licensed individuals, it is the licensed individual's ultimate responsibility to ensure that their license remains current.
(b) A thirty-day grace period shall be given to renew licenses. After the grace period expires, a twenty-five dollar ($25.00) late fee (not prorated per day) shall be levied on each renewal application received.
Acts 1997, ch. 311, § 2; 1998, ch. 598, § 2.
Tenn. Code Ann. § 47-25-1306 — TN Code / Title 47 / Chapter 25 / Section 47-25-1306
Title to repurchased inventory - Account adjustments
Status: in_force

Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the retailer's reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or lender for any deficiency unless the retailer or the heirs of the retailer have been given at least seven (7) business days' notice by certified or registered United States mail, return receipt requested, of any proposed sale of the equipment financed and an opportunity to purchase the equipment. The former retailer or the heirs of the retailer shall be given quarterly status reports on any remaining outstanding recourse contracts. As the recourse contracts are reduced, any reserve account funds shall be returned to the retailer or the heirs of the retailer in direct proportion to the liabilities outstanding. Acts 1999, ch. 193, § 7.
Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the retailer's reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or lender for any deficiency unless the retailer or the heirs of the retailer have been given at least seven (7) business days' notice by certified or registered United States mail, return receipt requested, of any proposed sale of the equipment financed and an opportunity to purchase the equipment. The former retailer or the heirs of the retailer shall be given quarterly status reports on any remaining outstanding recourse contracts. As the recourse contracts are reduced, any reserve account funds shall be returned to the retailer or the heirs of the retailer in direct proportion to the liabilities outstanding.
Acts 1999, ch. 193, § 7.
Tenn. Code Ann. § 47-22-402 — TN Code / Title 47 / Chapter 22 / Section 47-22-402
Information required to be provided by payment acquirer contracting directly with merchant to provide payment services
Status: in_force

Any payment acquirer that contracts directly with a merchant to provide payment services shall: (1) Provide the merchant with information indicating where the merchant may obtain access to the operating rules, regulations, and bylaws applicable under the agreement with the merchant; provided, however, nothing in this subdivision (1) shall require access by the merchant to information made proprietary or confidential by law or contract; (2) Disclose the following information in any agreement with the merchant: (A) The effective date of the agreement; (B) The term of the agreement; (C) The provisions for early termination or cancellation of the agreement, if any; and (D) A complete schedule of all payment services fees applicable to the credit card, debit card, or other payment card services under the agreement; and (3) At the regular period agreed upon by the payment acquirer and the merchant, but not less than monthly, promptly supply the merchant with a statement, which may be electronic, that includes: (A) An itemized list of all payment services fees assessed since the previous statement; (B) The total value of the transactions processed by the payment acquirer for the merchant during the statement period; and (C) If the payment acquirer is not a bank holding company, an indication of the aggregate fee percentage, which shall be calculated by dividing the sum of all payment services fees accrued during the statement period by the total value of the transactions processed by the payment acquirer for the merchant during the statement period. Added by 2015 Tenn. Acts, ch. 175,s 1, eff. 1/1/2016.
Any payment acquirer that contracts directly with a merchant to provide payment services shall:
(1) Provide the merchant with information indicating where the merchant may obtain access to the operating rules, regulations, and bylaws applicable under the agreement with the merchant; provided, however, nothing in this subdivision (1) shall require access by the merchant to information made proprietary or confidential by law or contract;
(2) Disclose the following information in any agreement with the merchant: (A) The effective date of the agreement; (B) The term of the agreement; (C) The provisions for early termination or cancellation of the agreement, if any; and (D) A complete schedule of all payment services fees applicable to the credit card, debit card, or other payment card services under the agreement; and
(A) The effective date of the agreement;
(B) The term of the agreement;
(C) The provisions for early termination or cancellation of the agreement, if any; and
(D) A complete schedule of all payment services fees applicable to the credit card, debit card, or other payment card services under the agreement; and
(3) At the regular period agreed upon by the payment acquirer and the merchant, but not less than monthly, promptly supply the merchant with a statement, which may be electronic, that includes: (A) An itemized list of all payment services fees assessed since the previous statement; (B) The total value of the transactions processed by the payment acquirer for the merchant during the statement period; and (C) If the payment acquirer is not a bank holding company, an indication of the aggregate fee percentage, which shall be calculated by dividing the sum of all payment services fees accrued during the statement period by the total value of the transactions processed by the payment acquirer for the merchant during the statement period.
(A) An itemized list of all payment services fees assessed since the previous statement;
(B) The total value of the transactions processed by the payment acquirer for the merchant during the statement period; and
(C) If the payment acquirer is not a bank holding company, an indication of the aggregate fee percentage, which shall be calculated by dividing the sum of all payment services fees accrued during the statement period by the total value of the transactions processed by the payment acquirer for the merchant during the statement period.
Added by 2015 Tenn. Acts, ch. 175,s 1, eff. 1/1/2016.
Tenn. Code Ann. § 47-9-522 — TN Code / Title 47 / Chapter 9 / Section 47-9-522
Maintenance and destruction of records
Status: in_force

(a) Post-lapse maintenance and retrieval of information. The filing office shall maintain a record of the information provided in a filed financing statement for at least one (1) year after the effectiveness of the financing statement has lapsed under § 47-9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates. (b) Destruction of written records. Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a). Acts 2000, ch. 846, § 1.
(a) Post-lapse maintenance and retrieval of information. The filing office shall maintain a record of the information provided in a filed financing statement for at least one (1) year after the effectiveness of the financing statement has lapsed under § 47-9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates.
(b) Destruction of written records. Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-1804 — TN Code / Title 47 / Chapter 18 / Section 47-18-1804
Labeling requirements
Status: in_force

It is unlawful for any manufacturer to sell any article containing food of foreign origin to a retail or wholesale establishment in Tennessee or for distribution in Tennessee if such article is not marked in accordance with the requirements of 19 U.S.C. § 1304 . Acts 1997, ch. 244, § 4.
It is unlawful for any manufacturer to sell any article containing food of foreign origin to a retail or wholesale establishment in Tennessee or for distribution in Tennessee if such article is not marked in accordance with the requirements of 19 U.S.C. § 1304 .
Acts 1997, ch. 244, § 4.
Tenn. Code Ann. § 47-1-302 — TN Code / Title 47 / Chapter 1 / Section 47-1-302
Variation by agreement
Status: in_force

(a) Except as otherwise provided in subsection (b) or elsewhere in chapters 1-9 of this title, the effect of provisions of chapters 1-9 of this title may be varied by agreement. (b) The obligations of good faith, diligence, reasonableness, and care prescribed by chapters 1-9 of this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever chapters 1-9 of this title require an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement. (c) The presence in certain provisions of chapters 1-9 of this title of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section. Acts 2008, ch. 930, § 1.
(a) Except as otherwise provided in subsection (b) or elsewhere in chapters 1-9 of this title, the effect of provisions of chapters 1-9 of this title may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by chapters 1-9 of this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever chapters 1-9 of this title require an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of chapters 1-9 of this title of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-18-5302 — TN Code / Title 47 / Chapter 18 / Section 47-18-5302
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name; (2) "Recording group" means a vocal or instrumental group at least one (1) of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group; and (3) "Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disc, tape, or other phono-record, in which the sounds are embodied. Acts 2007, ch. 277, § 1.
As used in this part, unless the context otherwise requires:
(1) "Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name;
(2) "Recording group" means a vocal or instrumental group at least one (1) of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group; and
(3) "Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disc, tape, or other phono-record, in which the sounds are embodied.
Acts 2007, ch. 277, § 1.
Tenn. Code Ann. § 47-25-309 — TN Code / Title 47 / Chapter 25 / Section 47-25-309
Exemptions
Status: in_force

This part does not apply to sales at retail made where cigarettes are: (1) Advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold; (2) Advertised, offered for sale, or sold as imperfect or damaged and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold; (3) Sold upon the complete final liquidation of a business; or (4) Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court. Acts 1949, ch. 68, §§ 7, 8; C. Supp. 1950, §§ 6770.17, 6770.18 (Williams, §§ 6770.50, 6770.51); T.C.A. (orig. ed.), §§ 69-412, 69-413, 47-25-312, 47-25-313; Acts 1985, ch. 179, § 4; T.C.A. (orig. ed.), § 47-25-312; Acts 1998, ch. 768, § 1.
This part does not apply to sales at retail made where cigarettes are:
(1) Advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold;
(2) Advertised, offered for sale, or sold as imperfect or damaged and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold;
(3) Sold upon the complete final liquidation of a business; or
(4) Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
Acts 1949, ch. 68, §§ 7, 8; C. Supp. 1950, §§ 6770.17, 6770.18 (Williams, §§ 6770.50, 6770.51); T.C.A. (orig. ed.), §§ 69-412, 69-413, 47-25-312, 47-25-313; Acts 1985, ch. 179, § 4; T.C.A. (orig. ed.), § 47-25-312; Acts 1998, ch. 768, § 1.
Tenn. Code Ann. § 47-2a-214 — TN Code / Title 47 / Chapter 2a / Section 47-2a-214
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 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT (§§ 47-2A-201 — 47-2A-221) Section 47-2A-214 - Exclusion or modification of warranties
Status: in_force

(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of § 47-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable. (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it, the language must mention "merchantability", be by a writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will be fit for a particular purpose". (3) Notwithstanding subsection (2), but subject to subsection (4), (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with all faults," or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous; (b) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and (c) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade. (4) To exclude or modify a warranty against interference or against infringement (§ 47-2A-211 ) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person. Acts 1993, ch. 398, § 1.
(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of § 47-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.
(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it, the language must mention "merchantability", be by a writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will be fit for a particular purpose".
(3) Notwithstanding subsection (2), but subject to subsection (4), (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with all faults," or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous; (b) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and (c) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
(a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with all faults," or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;
(b) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and
(c) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference or against infringement (§ 47-2A-211 ) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-3-501 — TN Code / Title 47 / Chapter 3 / Section 47-3-501
Presentment
Status: in_force

(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee. (b) The following rules are subject to chapter 4 of this title, agreement of the parties, and clearing-house rules and the like: (1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors. (2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. (3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary endorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. (4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than two o'clock (2:00) p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour. Acts 1995, ch. 397, § 2.
(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.
(b) The following rules are subject to chapter 4 of this title, agreement of the parties, and clearing-house rules and the like: (1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors. (2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. (3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary endorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. (4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than two o'clock (2:00) p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.
(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.
(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary endorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than two o'clock (2:00) p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-3311 — TN Code / Title 47 / Chapter 18 / Section 47-18-3311
[Effective 7/1/2025] Exemptions
Status: in_force

(a) This part does not apply to: (1) A body, authority, board, bureau, commission, district, or agency of this state or of a political subdivision of this state; (2) A financial institution, an affiliate of a financial institution, or data subject to Title V of the federal Gramm-Leach-Bliley Act ( 15 U.S.C. § 6801 et seq.); (3) An individual, firm, association, corporation, or other entity that is licensed in this state under title 56 as an insurance company and transacts insurance business; (4) A covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States department of health and human services, 45 CFR Parts 160 and 164 established pursuant to HIPAA, and the federal Health Information Technology for Economic and Clinical Health Act (P.L. 111-5); (5) A nonprofit organization; (6) An institution of higher education; (7) Protected health information under HIPAA; (8) Health records for purposes of title 68; (9) Patient identifying information for purposes of 42 U.S.C. § 290dd-2 ; (10) Personal information: (A) Processed for purposes of: (i) Research conducted in accordance with the federal policy for the protection of human subjects under 45 CFR Part 46; (ii) Human subjects research conducted in accordance with good clinical practice guidelines issued by The International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use; or (iii) Research conducted in accordance with the protection of human subjects under 21 CFR Parts 6, 50, and 56; or (B) Processed or sold in connection with research conducted in accordance with the requirements set forth in this part, or other research conducted in accordance with applicable law; (11) Information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986 ( 42 U.S.C. § 11101 et seq.); (12) Patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act ( 42 U.S.C. § 299b-21 et seq.); (13) Information that is: (A) Derived from the healthcare-related information listed in this subsection (a) that is de-identified in accordance with the requirements for de-identification pursuant to HIPAA; or (B) Included in a limited data set as described in 45 CFR 164.514(e) , to the extent that the information is used, disclosed, and maintained in the manner specified in 45 CFR 164.514(e) ; (14) Information originating from, and intermingled to be indistinguishable with, or information treated in the same manner as, information exempt under this subsection (a) that is maintained by a covered entity or business associate as defined by HIPAA or a program or a qualified service organization as defined by 42 U.S.C. § 290dd-2 ; (15) Information used only for public health activities and purposes as authorized by HIPAA; (16) The collection, maintenance, disclosure, sale, communication, or use of personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency or furnisher that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681 et seq.); (17) Personal information collected, processed, sold, or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994 ( 18 U.S.C. § 2721 et seq.); (18) Personal information or educational information regulated by the federal Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g et seq.); (19) Personal information collected, processed, sold, or disclosed in compliance with the federal Farm Credit Act ( 12 U.S.C. § 2001 et seq.); (20) Data processed or maintained: (A) In the course of an individual applying to, being employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role; (B) As the emergency contact information of an individual under this part used for emergency contact purposes; or (C) That is necessary to retain to administer benefits for another individual relating to the individual under subdivision (a)(20)(A) and used for the purposes of administering those benefits; (21) Information collected as part of public- or peer-reviewed scientific or statistical research in the public interest; (22) An insurance producer licensed under title 56; or (23) Personal information maintained or used for purposes of compliance with the regulation of listed chemicals under the federal Controlled Substances Act ( 21 U.S.C. § 830 ). (b) Controllers and processors that comply with the verifiable parental consent requirements of the federal Children's Online Privacy Protection Act ( 15 U.S.C. § 6501 et seq.) are deemed compliant with an obligation to obtain parental consent under this part. (c) This part does not require a controller, processor, third party, or consumer to disclose trade secrets. Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
(a) This part does not apply to: (1) A body, authority, board, bureau, commission, district, or agency of this state or of a political subdivision of this state; (2) A financial institution, an affiliate of a financial institution, or data subject to Title V of the federal Gramm-Leach-Bliley Act ( 15 U.S.C. § 6801 et seq.); (3) An individual, firm, association, corporation, or other entity that is licensed in this state under title 56 as an insurance company and transacts insurance business; (4) A covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States department of health and human services, 45 CFR Parts 160 and 164 established pursuant to HIPAA, and the federal Health Information Technology for Economic and Clinical Health Act (P.L. 111-5); (5) A nonprofit organization; (6) An institution of higher education; (7) Protected health information under HIPAA; (8) Health records for purposes of title 68; (9) Patient identifying information for purposes of 42 U.S.C. § 290dd-2 ; (10) Personal information: (A) Processed for purposes of: (i) Research conducted in accordance with the federal policy for the protection of human subjects under 45 CFR Part 46; (ii) Human subjects research conducted in accordance with good clinical practice guidelines issued by The International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use; or (iii) Research conducted in accordance with the protection of human subjects under 21 CFR Parts 6, 50, and 56; or (B) Processed or sold in connection with research conducted in accordance with the requirements set forth in this part, or other research conducted in accordance with applicable law; (11) Information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986 ( 42 U.S.C. § 11101 et seq.); (12) Patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act ( 42 U.S.C. § 299b-21 et seq.); (13) Information that is: (A) Derived from the healthcare-related information listed in this subsection (a) that is de-identified in accordance with the requirements for de-identification pursuant to HIPAA; or (B) Included in a limited data set as described in 45 CFR 164.514(e) , to the extent that the information is used, disclosed, and maintained in the manner specified in 45 CFR 164.514(e) ; (14) Information originating from, and intermingled to be indistinguishable with, or information treated in the same manner as, information exempt under this subsection (a) that is maintained by a covered entity or business associate as defined by HIPAA or a program or a qualified service organization as defined by 42 U.S.C. § 290dd-2 ; (15) Information used only for public health activities and purposes as authorized by HIPAA; (16) The collection, maintenance, disclosure, sale, communication, or use of personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency or furnisher that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681 et seq.); (17) Personal information collected, processed, sold, or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994 ( 18 U.S.C. § 2721 et seq.); (18) Personal information or educational information regulated by the federal Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g et seq.); (19) Personal information collected, processed, sold, or disclosed in compliance with the federal Farm Credit Act ( 12 U.S.C. § 2001 et seq.); (20) Data processed or maintained: (A) In the course of an individual applying to, being employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role; (B) As the emergency contact information of an individual under this part used for emergency contact purposes; or (C) That is necessary to retain to administer benefits for another individual relating to the individual under subdivision (a)(20)(A) and used for the purposes of administering those benefits; (21) Information collected as part of public- or peer-reviewed scientific or statistical research in the public interest; (22) An insurance producer licensed under title 56; or (23) Personal information maintained or used for purposes of compliance with the regulation of listed chemicals under the federal Controlled Substances Act ( 21 U.S.C. § 830 ).
(1) A body, authority, board, bureau, commission, district, or agency of this state or of a political subdivision of this state;
(2) A financial institution, an affiliate of a financial institution, or data subject to Title V of the federal Gramm-Leach-Bliley Act ( 15 U.S.C. § 6801 et seq.);
(3) An individual, firm, association, corporation, or other entity that is licensed in this state under title 56 as an insurance company and transacts insurance business;
(4) A covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States department of health and human services, 45 CFR Parts 160 and 164 established pursuant to HIPAA, and the federal Health Information Technology for Economic and Clinical Health Act (P.L. 111-5);
(5) A nonprofit organization;
(6) An institution of higher education;
(7) Protected health information under HIPAA;
(8) Health records for purposes of title 68;
(9) Patient identifying information for purposes of 42 U.S.C. § 290dd-2 ;
(10) Personal information: (A) Processed for purposes of: (i) Research conducted in accordance with the federal policy for the protection of human subjects under 45 CFR Part 46; (ii) Human subjects research conducted in accordance with good clinical practice guidelines issued by The International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use; or (iii) Research conducted in accordance with the protection of human subjects under 21 CFR Parts 6, 50, and 56; or (B) Processed or sold in connection with research conducted in accordance with the requirements set forth in this part, or other research conducted in accordance with applicable law;
(A) Processed for purposes of: (i) Research conducted in accordance with the federal policy for the protection of human subjects under 45 CFR Part 46; (ii) Human subjects research conducted in accordance with good clinical practice guidelines issued by The International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use; or (iii) Research conducted in accordance with the protection of human subjects under 21 CFR Parts 6, 50, and 56; or
(i) Research conducted in accordance with the federal policy for the protection of human subjects under 45 CFR Part 46;
(ii) Human subjects research conducted in accordance with good clinical practice guidelines issued by The International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use; or
(iii) Research conducted in accordance with the protection of human subjects under 21 CFR Parts 6, 50, and 56; or
(B) Processed or sold in connection with research conducted in accordance with the requirements set forth in this part, or other research conducted in accordance with applicable law;
(11) Information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986 ( 42 U.S.C. § 11101 et seq.);
(12) Patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act ( 42 U.S.C. § 299b-21 et seq.);
(13) Information that is: (A) Derived from the healthcare-related information listed in this subsection (a) that is de-identified in accordance with the requirements for de-identification pursuant to HIPAA; or (B) Included in a limited data set as described in 45 CFR 164.514(e) , to the extent that the information is used, disclosed, and maintained in the manner specified in 45 CFR 164.514(e) ;
(A) Derived from the healthcare-related information listed in this subsection (a) that is de-identified in accordance with the requirements for de-identification pursuant to HIPAA; or
(B) Included in a limited data set as described in 45 CFR 164.514(e) , to the extent that the information is used, disclosed, and maintained in the manner specified in 45 CFR 164.514(e) ;
(14) Information originating from, and intermingled to be indistinguishable with, or information treated in the same manner as, information exempt under this subsection (a) that is maintained by a covered entity or business associate as defined by HIPAA or a program or a qualified service organization as defined by 42 U.S.C. § 290dd-2 ;
(15) Information used only for public health activities and purposes as authorized by HIPAA;
(16) The collection, maintenance, disclosure, sale, communication, or use of personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency or furnisher that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681 et seq.);
(17) Personal information collected, processed, sold, or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994 ( 18 U.S.C. § 2721 et seq.);
(18) Personal information or educational information regulated by the federal Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g et seq.);
(19) Personal information collected, processed, sold, or disclosed in compliance with the federal Farm Credit Act ( 12 U.S.C. § 2001 et seq.);
(20) Data processed or maintained: (A) In the course of an individual applying to, being employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role; (B) As the emergency contact information of an individual under this part used for emergency contact purposes; or (C) That is necessary to retain to administer benefits for another individual relating to the individual under subdivision (a)(20)(A) and used for the purposes of administering those benefits;
(A) In the course of an individual applying to, being employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role;
(B) As the emergency contact information of an individual under this part used for emergency contact purposes; or
(C) That is necessary to retain to administer benefits for another individual relating to the individual under subdivision (a)(20)(A) and used for the purposes of administering those benefits;
(21) Information collected as part of public- or peer-reviewed scientific or statistical research in the public interest;
(22) An insurance producer licensed under title 56; or
(23) Personal information maintained or used for purposes of compliance with the regulation of listed chemicals under the federal Controlled Substances Act ( 21 U.S.C. § 830 ).
(b) Controllers and processors that comply with the verifiable parental consent requirements of the federal Children's Online Privacy Protection Act ( 15 U.S.C. § 6501 et seq.) are deemed compliant with an obligation to obtain parental consent under this part.
(c) This part does not require a controller, processor, third party, or consumer to disclose trade secrets.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
Tenn. Code Ann. § 47-18-5202 — TN Code / Title 47 / Chapter 18 / Section 47-18-5202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Ascertainable loss" means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice, even when the precise amount of the loss is not known. Whenever a violation of this part has occurred, an ascertainable loss shall be presumed to exist; (2) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee; (3) "Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox, commonly referred to as the "local part," and a reference to an Internet domain, commonly referred to as the "domain part," whether or not displayed, to which an electronic message can be sent or delivered; (4) "Identification documents" means any card, certificate or document that identifies, or purports to identify, the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be driver licenses, nondriver identification cards, birth certificates, marriage certificates, divorce certificates, passports, immigration documents, social security cards, employee identification cards, cards issued by the government to provide benefits of any sort, health care benefit cards, or health benefit organization, insurance company or managed care organization cards for the purpose of identifying a person eligible for services; (5) "Identifying information" means, with respect to an individual, any of the following: (A) Social security number; (B) Driver license number; (C) Bank account number; (D) Credit card or debit card number; (E) Personal identification number (PIN); (F) Biometric data; (G) Private medical information (PMI); (H) Fingerprints; (I) Account password; or (J) Any other piece of information that can be used to access an individual's financial accounts or obtain identification, act as identification, or obtain goods or services; (6) "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on communications and related infrastructure; (7) "Person" means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized; (8) "Tennessee Consumer Protection Act" means the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter and related statutes. Related statutes specifically include any statute that indicates within the law, regulation or rule that a violation of that law, regulation or rule is a violation of the Tennessee Consumer Protection Act. Without limiting the scope of this subdivision (8), related statutes include, but are not limited to, the Membership Camping Act, compiled in title 66, chapter 32, part 3; (9) "Web page" means a location that has a single uniform resource locator or other single location with respect to the internet; and (10) "Wireless communication" includes text messages sent and received on smart devices. Amended by 2021 Tenn. Acts, ch. 370, s 1, eff. 5/11/2021. Amended by 2019 Tenn. Acts, ch. 459, s 50, eff. 9/30/2019. Acts 2006, ch. 566, § 3.
As used in this part, unless the context otherwise requires:
(1) "Ascertainable loss" means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice, even when the precise amount of the loss is not known. Whenever a violation of this part has occurred, an ascertainable loss shall be presumed to exist;
(2) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee;
(3) "Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox, commonly referred to as the "local part," and a reference to an Internet domain, commonly referred to as the "domain part," whether or not displayed, to which an electronic message can be sent or delivered;
(4) "Identification documents" means any card, certificate or document that identifies, or purports to identify, the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be driver licenses, nondriver identification cards, birth certificates, marriage certificates, divorce certificates, passports, immigration documents, social security cards, employee identification cards, cards issued by the government to provide benefits of any sort, health care benefit cards, or health benefit organization, insurance company or managed care organization cards for the purpose of identifying a person eligible for services;
(5) "Identifying information" means, with respect to an individual, any of the following: (A) Social security number; (B) Driver license number; (C) Bank account number; (D) Credit card or debit card number; (E) Personal identification number (PIN); (F) Biometric data; (G) Private medical information (PMI); (H) Fingerprints; (I) Account password; or (J) Any other piece of information that can be used to access an individual's financial accounts or obtain identification, act as identification, or obtain goods or services;
(A) Social security number;
(B) Driver license number;
(C) Bank account number;
(D) Credit card or debit card number;
(E) Personal identification number (PIN);
(F) Biometric data;
(G) Private medical information (PMI);
(H) Fingerprints;
(I) Account password; or
(J) Any other piece of information that can be used to access an individual's financial accounts or obtain identification, act as identification, or obtain goods or services;
(6) "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on communications and related infrastructure;
(7) "Person" means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized;
(8) "Tennessee Consumer Protection Act" means the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter and related statutes. Related statutes specifically include any statute that indicates within the law, regulation or rule that a violation of that law, regulation or rule is a violation of the Tennessee Consumer Protection Act. Without limiting the scope of this subdivision (8), related statutes include, but are not limited to, the Membership Camping Act, compiled in title 66, chapter 32, part 3;
(9) "Web page" means a location that has a single uniform resource locator or other single location with respect to the internet; and
(10) "Wireless communication" includes text messages sent and received on smart devices.
Amended by 2021 Tenn. Acts, ch. 370, s 1, eff. 5/11/2021.
Amended by 2019 Tenn. Acts, ch. 459, s 50, eff. 9/30/2019.
Acts 2006, ch. 566, § 3.
Tenn. Code Ann. § 47-25-1305 — TN Code / Title 47 / Chapter 25 / Section 47-25-1305
Date governing repurchase - Price and associated costs
Status: in_force

The supplier shall repurchase that inventory previously purchased from such supplier and held by the retailer on the date of termination of the contract. The supplier shall pay one hundred percent (100%) of the current net price of all new, unsold, undamaged and complete farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments, and ninety percent (90%) of the current net price on new, unused and undamaged and superseded repair parts. The supplier shall pay the retailer ten percent (10%) of the current net price on all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services. The supplier shall purchase at its amortized value any specific data processing hardware and software and telecommunications equipment that the supplier required the retailer to purchase within the past five (5) years. The supplier shall also repurchase, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years pursuant to the requirements of the supplier and held by the retailer on the date of termination. Such specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition. Farm implements, machinery, utility and industrial equipment and outdoor power equipment used in demonstrations, including equipment leased primarily for demonstration or lease, shall also be subject to repurchase under this part at its agreed depreciated value; provided, that such equipment is in new condition and has not been abused. Acts 1999, ch. 193, § 6.
The supplier shall repurchase that inventory previously purchased from such supplier and held by the retailer on the date of termination of the contract. The supplier shall pay one hundred percent (100%) of the current net price of all new, unsold, undamaged and complete farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments, and ninety percent (90%) of the current net price on new, unused and undamaged and superseded repair parts. The supplier shall pay the retailer ten percent (10%) of the current net price on all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services. The supplier shall purchase at its amortized value any specific data processing hardware and software and telecommunications equipment that the supplier required the retailer to purchase within the past five (5) years. The supplier shall also repurchase, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years pursuant to the requirements of the supplier and held by the retailer on the date of termination. Such specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition. Farm implements, machinery, utility and industrial equipment and outdoor power equipment used in demonstrations, including equipment leased primarily for demonstration or lease, shall also be subject to repurchase under this part at its agreed depreciated value; provided, that such equipment is in new condition and has not been abused.
Acts 1999, ch. 193, § 6.
Tenn. Code Ann. § 47-2-207 — TN Code / Title 47 / Chapter 2 / Section 47-2-207
Additional terms in acceptance or confirmation
Status: in_force

(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms. (2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: (a) the offer expressly limits acceptance to the terms of the offer; (b) they materially alter it; or (c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received. (3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of chapters 1-9 of this title. Acts 1963, ch. 81, § 1 (2-207).
(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: (a) the offer expressly limits acceptance to the terms of the offer; (b) they materially alter it; or (c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
(a) the offer expressly limits acceptance to the terms of the offer;
(b) they materially alter it; or
(c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of chapters 1-9 of this title.
Acts 1963, ch. 81, § 1 (2-207).
Tenn. Code Ann. § 47-2-715 — TN Code / Title 47 / Chapter 2 / Section 47-2-715
Buyer's incidental and consequential damages
Status: in_force

(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach. (2) Consequential damages resulting from the seller's breach include: (a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b) injury to person or property proximately resulting from any breach of warranty. Acts 1963, ch. 81, § 1 (2-715).
(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
(2) Consequential damages resulting from the seller's breach include: (a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b) injury to person or property proximately resulting from any breach of warranty.
(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) injury to person or property proximately resulting from any breach of warranty.
Acts 1963, ch. 81, § 1 (2-715).
Tenn. Code Ann. § 47-28-105 — TN Code / Title 47 / Chapter 28 / Section 47-28-105
Reduction in credit limit - Notice of limitation
Status: in_force

(a) The credit limit under an open-end mortgage may be reduced by the borrower, whether the advances to be made thereunder are obligatory or optional, to an amount not less than the amount of principal indebtedness shown on the most recent statement of the borrower's account received by the borrower from the creditor, plus the amount of any advances initiated by the borrower subsequent to that statement. (b) (1) In order to effectuate such a reduction in the credit limit, the borrower must: (A) Serve a notice of limitation on the creditor substantially in accordance with the provisions of the mortgage and of this chapter; and (B) On or before the effective date of the notice, file a copy thereof for recordation in the appropriate register's office as an amendment to the mortgage. (2) Upon the recording of a notice of limitation in the appropriate register's office, the notice of limitation becomes irrevocable, and shall not be modified, amended, or rescinded. (c) In order to be effective, any such notice of limitation must be in substantial compliance with the following requirements: (1) It must name the creditor on whom the notice is served; (2) It must state specifically the reduced credit limit; (3) It must state the effective date of such limitation, which date cannot be sooner than one (1) regular business day after the date of the service of the notice; (4) It must name all parties to the open-end credit agreement and the mortgage securing the same; (5) It must identify with reasonable specificity the real property subject to the mortgage; (6) It must give any account number assigned to the account of the open-end credit agreement; and (7) It must be signed by all persons principally obligated to repay advances under the open-end credit agreement. (d) From and after the service of such a notice of limitation, the borrower shall not request or demand any further advances under the open-end credit agreement that exceed the credit limit stated in the notice, and the creditor will be relieved and released from any obligation or commitment to make advances thereunder that exceed that reduced credit limit. Acts 1987, ch. 137, § 5.
(a) The credit limit under an open-end mortgage may be reduced by the borrower, whether the advances to be made thereunder are obligatory or optional, to an amount not less than the amount of principal indebtedness shown on the most recent statement of the borrower's account received by the borrower from the creditor, plus the amount of any advances initiated by the borrower subsequent to that statement.
(b) (1) In order to effectuate such a reduction in the credit limit, the borrower must: (A) Serve a notice of limitation on the creditor substantially in accordance with the provisions of the mortgage and of this chapter; and (B) On or before the effective date of the notice, file a copy thereof for recordation in the appropriate register's office as an amendment to the mortgage. (2) Upon the recording of a notice of limitation in the appropriate register's office, the notice of limitation becomes irrevocable, and shall not be modified, amended, or rescinded.
(1) In order to effectuate such a reduction in the credit limit, the borrower must: (A) Serve a notice of limitation on the creditor substantially in accordance with the provisions of the mortgage and of this chapter; and (B) On or before the effective date of the notice, file a copy thereof for recordation in the appropriate register's office as an amendment to the mortgage.
(A) Serve a notice of limitation on the creditor substantially in accordance with the provisions of the mortgage and of this chapter; and
(B) On or before the effective date of the notice, file a copy thereof for recordation in the appropriate register's office as an amendment to the mortgage.
(2) Upon the recording of a notice of limitation in the appropriate register's office, the notice of limitation becomes irrevocable, and shall not be modified, amended, or rescinded.
(c) In order to be effective, any such notice of limitation must be in substantial compliance with the following requirements: (1) It must name the creditor on whom the notice is served; (2) It must state specifically the reduced credit limit; (3) It must state the effective date of such limitation, which date cannot be sooner than one (1) regular business day after the date of the service of the notice; (4) It must name all parties to the open-end credit agreement and the mortgage securing the same; (5) It must identify with reasonable specificity the real property subject to the mortgage; (6) It must give any account number assigned to the account of the open-end credit agreement; and (7) It must be signed by all persons principally obligated to repay advances under the open-end credit agreement.
(1) It must name the creditor on whom the notice is served;
(2) It must state specifically the reduced credit limit;
(3) It must state the effective date of such limitation, which date cannot be sooner than one (1) regular business day after the date of the service of the notice;
(4) It must name all parties to the open-end credit agreement and the mortgage securing the same;
(5) It must identify with reasonable specificity the real property subject to the mortgage;
(6) It must give any account number assigned to the account of the open-end credit agreement; and
(7) It must be signed by all persons principally obligated to repay advances under the open-end credit agreement.
(d) From and after the service of such a notice of limitation, the borrower shall not request or demand any further advances under the open-end credit agreement that exceed the credit limit stated in the notice, and the creditor will be relieved and released from any obligation or commitment to make advances thereunder that exceed that reduced credit limit.
Acts 1987, ch. 137, § 5.
Tenn. Code Ann. § 47-25-601 — TN Code / Title 47 / Chapter 25 / Section 47-25-601
Short title
Status: in_force

This part shall be known and may be cited as the "Petroleum Trade Practices Act." Acts 1975, ch. 232, § 1; T.C.A., § 69-701.
This part shall be known and may be cited as the "Petroleum Trade Practices Act."
Acts 1975, ch. 232, § 1; T.C.A., § 69-701.
Tenn. Code Ann. § 47-8-503 — TN Code / Title 47 / Chapter 8 / Section 47-8-503
Property interest of entitlement holder in financial asset held by securities intermediary
Status: in_force

(a) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holders, are not property of the securities intermediary, and are not subject to claims of creditors of the securities intermediary, except as otherwise provided in § 47-8-511 . (b) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) is a pro rata property interest in all interests in that financial asset held by the securities intermediary, without regard to the time the entitlement holder acquired the security entitlement or the time the securities intermediary acquired the interest in that financial asset. (c) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) may be enforced against the securities intermediary only by exercise of the entitlement holder's rights under §§ 47-8-505 - 47-8-508. (d) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) may be enforced against a purchaser of the financial asset or interest therein only if: (1) insolvency proceedings have been initiated by or against the securities intermediary; (2) the securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset; (3) the securities intermediary violated its obligations under § 47-8-504 by transferring the financial asset or interest therein to the purchaser; and (4) the purchaser is not protected under subsection (e). The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial asset from the purchaser. (e) An action based on the entitlement holder's property interest with respect to a particular financial asset under subsection (a), whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against any purchaser of a financial asset or interest therein who gives value, obtains control, and does not act in collusion with the securities intermediary in violating the securities intermediary's obligations under § 47-8-504 . Acts 1997, ch. 79, § 1.
(a) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holders, are not property of the securities intermediary, and are not subject to claims of creditors of the securities intermediary, except as otherwise provided in § 47-8-511 .
(b) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) is a pro rata property interest in all interests in that financial asset held by the securities intermediary, without regard to the time the entitlement holder acquired the security entitlement or the time the securities intermediary acquired the interest in that financial asset.
(c) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) may be enforced against the securities intermediary only by exercise of the entitlement holder's rights under §§ 47-8-505 - 47-8-508.
(d) An entitlement holder's property interest with respect to a particular financial asset under subsection (a) may be enforced against a purchaser of the financial asset or interest therein only if: (1) insolvency proceedings have been initiated by or against the securities intermediary; (2) the securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset; (3) the securities intermediary violated its obligations under § 47-8-504 by transferring the financial asset or interest therein to the purchaser; and (4) the purchaser is not protected under subsection (e). The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial asset from the purchaser.
(1) insolvency proceedings have been initiated by or against the securities intermediary;
(2) the securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset;
(3) the securities intermediary violated its obligations under § 47-8-504 by transferring the financial asset or interest therein to the purchaser; and
(4) the purchaser is not protected under subsection (e). The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial asset from the purchaser.
The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial asset from the purchaser.
(e) An action based on the entitlement holder's property interest with respect to a particular financial asset under subsection (a), whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against any purchaser of a financial asset or interest therein who gives value, obtains control, and does not act in collusion with the securities intermediary in violating the securities intermediary's obligations under § 47-8-504 .
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-16-106 — TN Code / Title 47 / Chapter 16 / Section 47-16-106
Required disclosures in litigation financing contract
Status: in_force

(a) Litigation financing contracts shall contain the disclosures specified in this section, which shall constitute material terms of the litigation financing contract. (b) Unless otherwise specified, the disclosures shall be typed in at least fourteen-point, bold font and be placed clearly and conspicuously within the litigation financing contract, as follows: (1) On the front page under appropriate headings in not less than fourteen-point font, language specifying: (A) The total amount of money to be provided to the consumer by the litigation financier as part of the litigation financing transaction; (B) The maximum amount the consumer can be required to provide the litigation financier, including but not limited to, all fees, charges, interest or other consideration, under the terms of the litigation financing contract; (C) The maximum annual percentage fee, which shall include, but not be limited to, all fees, charges, interest or other consideration received by a litigation financier in consideration for litigation financing; provided, that the consumer may be charged for the litigation financing transaction under the terms of the litigation financing contract; (D) The following: Consumer's Right to Cancellation: You may cancel this contract without penalty or further obligation within five (5) business days from the date you signed this contract or received financing from [insert name of the litigation financier] by: returning the funds to [insert name, office address and office hours of the litigation financier] or by U.S. mail, [insert name and mailing address of litigation financier]. For purposes of the return deadline by U.S. mail, the postmark date on the returned funds or, if mailed by registered or certified mail, the date of the return receipt requested shall be considered the date of return. (2) Within the body of the litigation financing contract, the following: The litigation financier agrees that it has no right to and will not make any decisions about the conduct of your lawsuit or dispute and that the right to make those decisions remains solely with you and your attorney; (3) Within the body of the litigation financing contract, in all capital letters contained within a box the following: IF THERE IS NO RECOVERY OF ANY MONEY FROM YOUR LEGAL CLAIM OR IF THERE IS NOT ENOUGH MONEY TO SATISFY THE PORTION ASSIGNED TO [INSERT NAME OF THE LITIGATION FINANCIER] IN FULL, YOU WILL NOT OWE [INSERT NAME OF THE LITIGATION FINANCIER] ANYTHING IN EXCESS OF YOUR RECOVERY. (4) Located immediately above the place on the litigation financing contract where the consumer's signature is required, the litigation financing contract shall include the following: Do not sign this contract before you read it completely. If this contract contains any incomplete sections, you are entitled to a completely filled-in copy of the contract prior to signing it. Before you sign this contract, you should obtain the advice of an attorney. Depending on the circumstances you may want to consult a tax advisor, a financial professional or an accountant. Acts 2014, ch. 819, § 1.
(a) Litigation financing contracts shall contain the disclosures specified in this section, which shall constitute material terms of the litigation financing contract.
(b) Unless otherwise specified, the disclosures shall be typed in at least fourteen-point, bold font and be placed clearly and conspicuously within the litigation financing contract, as follows: (1) On the front page under appropriate headings in not less than fourteen-point font, language specifying: (A) The total amount of money to be provided to the consumer by the litigation financier as part of the litigation financing transaction; (B) The maximum amount the consumer can be required to provide the litigation financier, including but not limited to, all fees, charges, interest or other consideration, under the terms of the litigation financing contract; (C) The maximum annual percentage fee, which shall include, but not be limited to, all fees, charges, interest or other consideration received by a litigation financier in consideration for litigation financing; provided, that the consumer may be charged for the litigation financing transaction under the terms of the litigation financing contract; (D) The following: Consumer's Right to Cancellation: You may cancel this contract without penalty or further obligation within five (5) business days from the date you signed this contract or received financing from [insert name of the litigation financier] by: returning the funds to [insert name, office address and office hours of the litigation financier] or by U.S. mail, [insert name and mailing address of litigation financier]. For purposes of the return deadline by U.S. mail, the postmark date on the returned funds or, if mailed by registered or certified mail, the date of the return receipt requested shall be considered the date of return. (2) Within the body of the litigation financing contract, the following: The litigation financier agrees that it has no right to and will not make any decisions about the conduct of your lawsuit or dispute and that the right to make those decisions remains solely with you and your attorney; (3) Within the body of the litigation financing contract, in all capital letters contained within a box the following: IF THERE IS NO RECOVERY OF ANY MONEY FROM YOUR LEGAL CLAIM OR IF THERE IS NOT ENOUGH MONEY TO SATISFY THE PORTION ASSIGNED TO [INSERT NAME OF THE LITIGATION FINANCIER] IN FULL, YOU WILL NOT OWE [INSERT NAME OF THE LITIGATION FINANCIER] ANYTHING IN EXCESS OF YOUR RECOVERY. (4) Located immediately above the place on the litigation financing contract where the consumer's signature is required, the litigation financing contract shall include the following: Do not sign this contract before you read it completely. If this contract contains any incomplete sections, you are entitled to a completely filled-in copy of the contract prior to signing it. Before you sign this contract, you should obtain the advice of an attorney. Depending on the circumstances you may want to consult a tax advisor, a financial professional or an accountant.
(1) On the front page under appropriate headings in not less than fourteen-point font, language specifying: (A) The total amount of money to be provided to the consumer by the litigation financier as part of the litigation financing transaction; (B) The maximum amount the consumer can be required to provide the litigation financier, including but not limited to, all fees, charges, interest or other consideration, under the terms of the litigation financing contract; (C) The maximum annual percentage fee, which shall include, but not be limited to, all fees, charges, interest or other consideration received by a litigation financier in consideration for litigation financing; provided, that the consumer may be charged for the litigation financing transaction under the terms of the litigation financing contract; (D) The following: Consumer's Right to Cancellation: You may cancel this contract without penalty or further obligation within five (5) business days from the date you signed this contract or received financing from [insert name of the litigation financier] by: returning the funds to [insert name, office address and office hours of the litigation financier] or by U.S. mail, [insert name and mailing address of litigation financier]. For purposes of the return deadline by U.S. mail, the postmark date on the returned funds or, if mailed by registered or certified mail, the date of the return receipt requested shall be considered the date of return.
(A) The total amount of money to be provided to the consumer by the litigation financier as part of the litigation financing transaction;
(B) The maximum amount the consumer can be required to provide the litigation financier, including but not limited to, all fees, charges, interest or other consideration, under the terms of the litigation financing contract;
(C) The maximum annual percentage fee, which shall include, but not be limited to, all fees, charges, interest or other consideration received by a litigation financier in consideration for litigation financing; provided, that the consumer may be charged for the litigation financing transaction under the terms of the litigation financing contract;
(D) The following: Consumer's Right to Cancellation: You may cancel this contract without penalty or further obligation within five (5) business days from the date you signed this contract or received financing from [insert name of the litigation financier] by: returning the funds to [insert name, office address and office hours of the litigation financier] or by U.S. mail, [insert name and mailing address of litigation financier]. For purposes of the return deadline by U.S. mail, the postmark date on the returned funds or, if mailed by registered or certified mail, the date of the return receipt requested shall be considered the date of return.
Consumer's Right to Cancellation: You may cancel this contract without penalty or further obligation within five (5) business days from the date you signed this contract or received financing from [insert name of the litigation financier] by: returning the funds to [insert name, office address and office hours of the litigation financier] or by U.S. mail, [insert name and mailing address of litigation financier]. For purposes of the return deadline by U.S. mail, the postmark date on the returned funds or, if mailed by registered or certified mail, the date of the return receipt requested shall be considered the date of return.
(2) Within the body of the litigation financing contract, the following: The litigation financier agrees that it has no right to and will not make any decisions about the conduct of your lawsuit or dispute and that the right to make those decisions remains solely with you and your attorney;
The litigation financier agrees that it has no right to and will not make any decisions about the conduct of your lawsuit or dispute and that the right to make those decisions remains solely with you and your attorney;
(3) Within the body of the litigation financing contract, in all capital letters contained within a box the following: IF THERE IS NO RECOVERY OF ANY MONEY FROM YOUR LEGAL CLAIM OR IF THERE IS NOT ENOUGH MONEY TO SATISFY THE PORTION ASSIGNED TO [INSERT NAME OF THE LITIGATION FINANCIER] IN FULL, YOU WILL NOT OWE [INSERT NAME OF THE LITIGATION FINANCIER] ANYTHING IN EXCESS OF YOUR RECOVERY.
IF THERE IS NO RECOVERY OF ANY MONEY FROM YOUR LEGAL CLAIM OR IF THERE IS NOT ENOUGH MONEY TO SATISFY THE PORTION ASSIGNED TO [INSERT NAME OF THE LITIGATION FINANCIER] IN FULL, YOU WILL NOT OWE [INSERT NAME OF THE LITIGATION FINANCIER] ANYTHING IN EXCESS OF YOUR RECOVERY.
(4) Located immediately above the place on the litigation financing contract where the consumer's signature is required, the litigation financing contract shall include the following: Do not sign this contract before you read it completely. If this contract contains any incomplete sections, you are entitled to a completely filled-in copy of the contract prior to signing it. Before you sign this contract, you should obtain the advice of an attorney. Depending on the circumstances you may want to consult a tax advisor, a financial professional or an accountant.
Do not sign this contract before you read it completely. If this contract contains any incomplete sections, you are entitled to a completely filled-in copy of the contract prior to signing it. Before you sign this contract, you should obtain the advice of an attorney. Depending on the circumstances you may want to consult a tax advisor, a financial professional or an accountant.
Acts 2014, ch. 819, § 1.
Tenn. Code Ann. § 47-18-103 — TN Code / Title 47 / Chapter 18 / Section 47-18-103
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) "Automatic renewal" means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term; (3) "Automatic renewal offer terms" means the following clear and conspicuous disclosures: (A) That the subscription or purchasing agreement will continue until the consumer cancels; (B) The description of the cancellation policy that applies to the offer; (C) The recurring charges that will be charged to the consumer's credit or debit card or payment account with a third party as part of the automatic renewal plan or arrangement, and that the amount of the charge may change, if that is the case, and the amount to which the charge will change, if known; (D) The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer; and (E) The minimum purchase obligation, if any; (4) "Bait and switch" or "switch" means advertising items to lure consumers, then inducing the consumers to buy different and more expensive items by failing to make available the goods or services advertised, or by disparaging the less expensive product. Provision of accurate factual information shall not be considered disparagement; (5) "Clear and conspicuous" means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. In the case of an audio disclosure, "clear and conspicuous" and "clearly and conspicuously" means in a volume and cadence sufficient to be readily audible and understandable; (6) "Consumer" means any natural person who seeks or acquires by purchase, rent, lease, assignment, award by chance, or other disposition, any goods, services, or property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated or any person who purchases or to whom is offered for sale a franchise or distributorship agreement or any similar type of business opportunity; (7) "Continuous service" means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service; (8) "Contract for home improvement services" means a contractual agreement, written or oral, between a person performing home improvement services and a residential owner, and includes all labor, services and materials to be furnished and performed under such agreement; (9) "Covered file-sharing program" means a computer program, application, or software that enables the computer on which such program, application, or software is installed to designate files as available for searching by and copying to one (1) or more other computers, to transmit such designated files directly to one (1) or more other computers, and to request the transmission of such designated files directly from one (1) or more other computers. "Covered file-sharing program" does not mean a program, application, or software designed primarily to operate as a server that is accessible over the Internet using the Internet domain name system, to transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications, or to provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, technical support or repair, or to detect or prevent fraudulent activities; (10) [Deleted by 2019 amendment.] (11) "Documentary material" means the original or copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated; (12) "Goods" means any tangible chattels leased, bought, or otherwise obtained for use by an individual primarily for personal, family, or household purposes or a franchise, distributorship agreement, or similar business opportunity; (13) "Home improvement services" means the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to any residential property, and includes but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, and roofing; (14) "Home improvement services provider" means any person or entity, whether or not licensed pursuant to title 62, chapter 6, who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of the home improvement service for a fee. "Home improvement services provider" specifically includes but is not limited to a "residential contractor" as defined in § 62-6-102 when performing home improvement services and a "home improvement contractor" as defined in § 62-6-501 ; (15) "Knowingly" or "knowing" means actual awareness of the falsity or deception, but actual awareness may be inferred where objective manifestations indicate that a reasonable person would have known or would have had reason to know of the falsity or deception; (16) "Local telephone directory" means a telephone directory that is distributed by a telephone company or directory publisher, or provided as a service to subscribers located in the local exchanges contained in the directory. "Local telephone directory" includes: (A) A classified advertising directory, commonly referred to as the yellow pages; (B) A directory of individual telephone listings, commonly referred to as the white pages, whether identified as "business listings" or combined in listings of residences and businesses in a directory that does not have separate residence and business listings; (C) A directory that includes listings of more than one (1) telephone company; or (D) A directory assistance database or similar service, commonly used by dialing "411" and speaking with a live person or through an automated system; (17) "Local telephone number" means a telephone number that has the three (3) number prefix used by the provider of telephone service for telephones physically located within the area covered by the local telephone directory in which the number is listed. "Local telephone number" does not include long distance numbers or 800, 888, or 900 exchange numbers listed in a local telephone directory; (18) "Person" means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized; (19) "Physical address" means the mailing address, including a zip code, which details the actual location of a person or entity, but does not include a post office box; (20) "Possession" means actual care, custody, control, or management of residential property, but shall not include occupancy of residential property through a lease or rental agreement; (21) "Residential owner" means a person who has possession of residential real property, including any person authorized by such residential owner to act on the residential owner's behalf; (22) "Residential property" means the building structure where a person abides, lodges, resides or establishes a living accommodation or where a residential owner intends to abide, lodge, reside or establish a living accommodation following the completion of home improvement services made pursuant to a contract for home improvement services and includes the land on or adjacent to such building structure; (23) "Services" means any work, labor, or services including services furnished in connection with the sale or repair of goods or real property or improvements thereto; and (24) "Trade," "commerce," or "consumer transaction" means the advertising, offering for sale, lease or rental, or distribution of any goods, services, or property, tangible or intangible, real, personal, or mixed, and other articles, commodities, or things of value wherever situated. Amended by 2022 Tenn. Acts, ch. 803, s 3, eff. 1/1/2023. Amended by 2019 Tenn. Acts, ch. 459, s 2, eff. 9/30/2019. Acts 1977, ch. 438, § 3; 1986, ch. 860, § 1; 1988, ch. 974, § 1; 1999, ch. 473, § 1; 2008 , ch. 873, § 1; 2010 , ch. 779, § 1; 2010 , ch. 1055, § 2.
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) "Automatic renewal" means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term;
(3) "Automatic renewal offer terms" means the following clear and conspicuous disclosures: (A) That the subscription or purchasing agreement will continue until the consumer cancels; (B) The description of the cancellation policy that applies to the offer; (C) The recurring charges that will be charged to the consumer's credit or debit card or payment account with a third party as part of the automatic renewal plan or arrangement, and that the amount of the charge may change, if that is the case, and the amount to which the charge will change, if known; (D) The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer; and (E) The minimum purchase obligation, if any;
(A) That the subscription or purchasing agreement will continue until the consumer cancels;
(B) The description of the cancellation policy that applies to the offer;
(C) The recurring charges that will be charged to the consumer's credit or debit card or payment account with a third party as part of the automatic renewal plan or arrangement, and that the amount of the charge may change, if that is the case, and the amount to which the charge will change, if known;
(D) The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer; and
(E) The minimum purchase obligation, if any;
(4) "Bait and switch" or "switch" means advertising items to lure consumers, then inducing the consumers to buy different and more expensive items by failing to make available the goods or services advertised, or by disparaging the less expensive product. Provision of accurate factual information shall not be considered disparagement;
(5) "Clear and conspicuous" means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. In the case of an audio disclosure, "clear and conspicuous" and "clearly and conspicuously" means in a volume and cadence sufficient to be readily audible and understandable;
(6) "Consumer" means any natural person who seeks or acquires by purchase, rent, lease, assignment, award by chance, or other disposition, any goods, services, or property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated or any person who purchases or to whom is offered for sale a franchise or distributorship agreement or any similar type of business opportunity;
(7) "Continuous service" means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service;
(8) "Contract for home improvement services" means a contractual agreement, written or oral, between a person performing home improvement services and a residential owner, and includes all labor, services and materials to be furnished and performed under such agreement;
(9) "Covered file-sharing program" means a computer program, application, or software that enables the computer on which such program, application, or software is installed to designate files as available for searching by and copying to one (1) or more other computers, to transmit such designated files directly to one (1) or more other computers, and to request the transmission of such designated files directly from one (1) or more other computers. "Covered file-sharing program" does not mean a program, application, or software designed primarily to operate as a server that is accessible over the Internet using the Internet domain name system, to transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications, or to provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, technical support or repair, or to detect or prevent fraudulent activities;
(10) [Deleted by 2019 amendment.]
(11) "Documentary material" means the original or copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated;
(12) "Goods" means any tangible chattels leased, bought, or otherwise obtained for use by an individual primarily for personal, family, or household purposes or a franchise, distributorship agreement, or similar business opportunity;
(13) "Home improvement services" means the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to any residential property, and includes but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, and roofing;
(14) "Home improvement services provider" means any person or entity, whether or not licensed pursuant to title 62, chapter 6, who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of the home improvement service for a fee. "Home improvement services provider" specifically includes but is not limited to a "residential contractor" as defined in § 62-6-102 when performing home improvement services and a "home improvement contractor" as defined in § 62-6-501 ;
(15) "Knowingly" or "knowing" means actual awareness of the falsity or deception, but actual awareness may be inferred where objective manifestations indicate that a reasonable person would have known or would have had reason to know of the falsity or deception;
(16) "Local telephone directory" means a telephone directory that is distributed by a telephone company or directory publisher, or provided as a service to subscribers located in the local exchanges contained in the directory. "Local telephone directory" includes: (A) A classified advertising directory, commonly referred to as the yellow pages; (B) A directory of individual telephone listings, commonly referred to as the white pages, whether identified as "business listings" or combined in listings of residences and businesses in a directory that does not have separate residence and business listings; (C) A directory that includes listings of more than one (1) telephone company; or (D) A directory assistance database or similar service, commonly used by dialing "411" and speaking with a live person or through an automated system;
(A) A classified advertising directory, commonly referred to as the yellow pages;
(B) A directory of individual telephone listings, commonly referred to as the white pages, whether identified as "business listings" or combined in listings of residences and businesses in a directory that does not have separate residence and business listings;
(C) A directory that includes listings of more than one (1) telephone company; or
(D) A directory assistance database or similar service, commonly used by dialing "411" and speaking with a live person or through an automated system;
(17) "Local telephone number" means a telephone number that has the three (3) number prefix used by the provider of telephone service for telephones physically located within the area covered by the local telephone directory in which the number is listed. "Local telephone number" does not include long distance numbers or 800, 888, or 900 exchange numbers listed in a local telephone directory;
(18) "Person" means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized;
(19) "Physical address" means the mailing address, including a zip code, which details the actual location of a person or entity, but does not include a post office box;
(20) "Possession" means actual care, custody, control, or management of residential property, but shall not include occupancy of residential property through a lease or rental agreement;
(21) "Residential owner" means a person who has possession of residential real property, including any person authorized by such residential owner to act on the residential owner's behalf;
(22) "Residential property" means the building structure where a person abides, lodges, resides or establishes a living accommodation or where a residential owner intends to abide, lodge, reside or establish a living accommodation following the completion of home improvement services made pursuant to a contract for home improvement services and includes the land on or adjacent to such building structure;
(23) "Services" means any work, labor, or services including services furnished in connection with the sale or repair of goods or real property or improvements thereto; and
(24) "Trade," "commerce," or "consumer transaction" means the advertising, offering for sale, lease or rental, or distribution of any goods, services, or property, tangible or intangible, real, personal, or mixed, and other articles, commodities, or things of value wherever situated.
Amended by 2022 Tenn. Acts, ch. 803, s 3, eff. 1/1/2023.
Amended by 2019 Tenn. Acts, ch. 459, s 2, eff. 9/30/2019.
Acts 1977, ch. 438, § 3; 1986, ch. 860, § 1; 1988, ch. 974, § 1; 1999, ch. 473, § 1; 2008 , ch. 873, § 1; 2010 , ch. 779, § 1; 2010 , ch. 1055, § 2.