Tenn. Code Ann. § 47-7-202 — TN Code / Title 47 / Chapter 7 / Section 47-7-202
Form of warehouse receipt - Effect of omission
Status: in_force

(a) A warehouse receipt need not be in any particular form. (b) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission: (1) A statement of the location of the warehouse facility where the goods are stored; (2) The date of issue of the receipt; (3) The unique identification code of the receipt; (4) A statement whether the goods received will be delivered to the bearer, to a named person, or to a named person or its order; (5) The rate of storage and handling charges, unless goods are stored under a field warehousing arrangement, in which case a statement of that fact is sufficient on a nonnegotiable receipt; (6) A description of the goods or the packages containing them; (7) The signature of the warehouse or its agent; (8) If the receipt is issued for goods that the warehouse owns, either solely, jointly, or in common with others, a statement of the fact of that ownership; and (9) A statement of the amount of advances made and of liabilities incurred for which the warehouse claims a lien or security interest, unless the precise amount of advances made or liabilities incurred, at the time of the issue of the receipt, is unknown to the warehouse or to its agent that issued the receipt, in which case a statement of the fact that advances have been made or liabilities incurred and the purpose of the advances or liabilities is sufficient. (c) A warehouse may insert in its receipt any terms that are not contrary to chapters 1-9 of this title and do not impair its obligation of delivery under § 47-7-403 or its duty of care under § 47-7-204 . Any contrary provision is ineffective. Acts 2008, ch. 814, § 1.
(a) A warehouse receipt need not be in any particular form.
(b) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission: (1) A statement of the location of the warehouse facility where the goods are stored; (2) The date of issue of the receipt; (3) The unique identification code of the receipt; (4) A statement whether the goods received will be delivered to the bearer, to a named person, or to a named person or its order; (5) The rate of storage and handling charges, unless goods are stored under a field warehousing arrangement, in which case a statement of that fact is sufficient on a nonnegotiable receipt; (6) A description of the goods or the packages containing them; (7) The signature of the warehouse or its agent; (8) If the receipt is issued for goods that the warehouse owns, either solely, jointly, or in common with others, a statement of the fact of that ownership; and (9) A statement of the amount of advances made and of liabilities incurred for which the warehouse claims a lien or security interest, unless the precise amount of advances made or liabilities incurred, at the time of the issue of the receipt, is unknown to the warehouse or to its agent that issued the receipt, in which case a statement of the fact that advances have been made or liabilities incurred and the purpose of the advances or liabilities is sufficient.
(1) A statement of the location of the warehouse facility where the goods are stored;
(2) The date of issue of the receipt;
(3) The unique identification code of the receipt;
(4) A statement whether the goods received will be delivered to the bearer, to a named person, or to a named person or its order;
(5) The rate of storage and handling charges, unless goods are stored under a field warehousing arrangement, in which case a statement of that fact is sufficient on a nonnegotiable receipt;
(6) A description of the goods or the packages containing them;
(7) The signature of the warehouse or its agent;
(8) If the receipt is issued for goods that the warehouse owns, either solely, jointly, or in common with others, a statement of the fact of that ownership; and
(9) A statement of the amount of advances made and of liabilities incurred for which the warehouse claims a lien or security interest, unless the precise amount of advances made or liabilities incurred, at the time of the issue of the receipt, is unknown to the warehouse or to its agent that issued the receipt, in which case a statement of the fact that advances have been made or liabilities incurred and the purpose of the advances or liabilities is sufficient.
(c) A warehouse may insert in its receipt any terms that are not contrary to chapters 1-9 of this title and do not impair its obligation of delivery under § 47-7-403 or its duty of care under § 47-7-204 . Any contrary provision is ineffective.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-16-101 — TN Code / Title 47 / Chapter 16 / Section 47-16-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Litigation Financing Consumer Protection Act." Acts 2014, ch. 819, § 1.
This chapter shall be known and may be cited as the "Tennessee Litigation Financing Consumer Protection Act."
Acts 2014, ch. 819, § 1.
Tenn. Code Ann. § 47-3-305 — TN Code / Title 47 / Chapter 3 / Section 47-3-305
Defenses and claims in recoupment
Status: in_force

(a) Except as stated in subsection (b), the right to enforce the obligation of a party to pay an instrument is subject to the following: (1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings; (2) a defense of the obligor stated in another section of this chapter or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and (3) a claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought. (b) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in subsection (a)(1), but is not subject to defenses of the obligor stated in subsection (a)(2) or claims in recoupment stated in subsection (a)(3) against a person other than the holder. (c) Except as stated in subsection (d), in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument (§ 47-3-306 ) of another person, but the other person's claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument. (d) In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection (a) that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy, and lack of legal capacity. Acts 1995, ch. 397, § 2.
(a) Except as stated in subsection (b), the right to enforce the obligation of a party to pay an instrument is subject to the following: (1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings; (2) a defense of the obligor stated in another section of this chapter or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and (3) a claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.
(1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;
(2) a defense of the obligor stated in another section of this chapter or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and
(3) a claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.
(b) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in subsection (a)(1), but is not subject to defenses of the obligor stated in subsection (a)(2) or claims in recoupment stated in subsection (a)(3) against a person other than the holder.
(c) Except as stated in subsection (d), in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument (§ 47-3-306 ) of another person, but the other person's claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.
(d) In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection (a) that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy, and lack of legal capacity.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-25-1006 — TN Code / Title 47 / Chapter 25 / Section 47-25-1006
Waiver
Status: in_force

Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this part is void. Acts 1984, ch. 838, § 6; 1985, ch. 346, § 2.
Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this part is void.
Acts 1984, ch. 838, § 6; 1985, ch. 346, § 2.
Tenn. Code Ann. § 47-18-2804 — TN Code / Title 47 / Chapter 18 / Section 47-18-2804
Provisions of part supplemental
Status: in_force

This part is intended to be in addition to and supplemental to part 51 of this chapter. Acts 2005, ch. 164, § 1.
This part is intended to be in addition to and supplemental to part 51 of this chapter.
Acts 2005, ch. 164, § 1.
Tenn. Code Ann. § 47-25-2003 — TN Code / Title 47 / Chapter 25 / Section 47-25-2003
Availability to wholesalers of gasoline, gasoline blending stock or diesel that has not been blended, but is suitable for blending
Status: in_force

All refiners, suppliers and permissive suppliers in this state shall make available to wholesalers gasoline or gasoline blending stock that has not been blended with, but is suitable for blending with, ethanol. All refiners, suppliers and permissive suppliers in this state shall make available to a wholesaler diesel that is suitable for blending with biodiesel. Diesel sold by refiners, suppliers and permissive suppliers to wholesalers may contain up to five percent (5%) biodiesel. Gasoline and gasoline blending stock, as applicable, must be made available with detergent additives in sufficient concentrations such that after the addition of ethanol at the maximum volume percent permitted by state and federal law, the final product meets or exceeds the lowest additive concentrations as required by the federal environmental protection agency (EPA). Acts 2009, ch. 523, § 1.
All refiners, suppliers and permissive suppliers in this state shall make available to wholesalers gasoline or gasoline blending stock that has not been blended with, but is suitable for blending with, ethanol. All refiners, suppliers and permissive suppliers in this state shall make available to a wholesaler diesel that is suitable for blending with biodiesel. Diesel sold by refiners, suppliers and permissive suppliers to wholesalers may contain up to five percent (5%) biodiesel. Gasoline and gasoline blending stock, as applicable, must be made available with detergent additives in sufficient concentrations such that after the addition of ethanol at the maximum volume percent permitted by state and federal law, the final product meets or exceeds the lowest additive concentrations as required by the federal environmental protection agency (EPA).
Acts 2009, ch. 523, § 1.
Tenn. Code Ann. § 47-1-205 — TN Code / Title 47 / Chapter 1 / Section 47-1-205
Reasonable time - Seasonableness
Status: in_force

(a) Whether a time for taking an action required by chapters 1-9 of this title is reasonable depends on the nature, purpose, and circumstances of the action. (b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time. Acts 2008, ch. 930, § 1.
(a) Whether a time for taking an action required by chapters 1-9 of this title is reasonable depends on the nature, purpose, and circumstances of the action.
(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-13-112 — TN Code / Title 47 / Chapter 13 / Section 47-13-112
Death, resignation, or removal of trustee
Status: in_force

The chancery court or the court having the jurisdiction of the monthly county court is empowered, upon suggestion and proof of the death, resignation, or removal beyond the limits of this state, of any trustee named as such in any deed of trust conveying realty or personalty as security for the payment of debts or other obligations, to appoint and qualify a trustee in lieu of the trustee dead, resigned, or removed as aforementioned. Acts 1903, ch. 309, § 1; Shan., § 3526a1; mod. Code 1932, §7784; T.C.A. (orig. ed.), § 47-1512; modified.
The chancery court or the court having the jurisdiction of the monthly county court is empowered, upon suggestion and proof of the death, resignation, or removal beyond the limits of this state, of any trustee named as such in any deed of trust conveying realty or personalty as security for the payment of debts or other obligations, to appoint and qualify a trustee in lieu of the trustee dead, resigned, or removed as aforementioned.
Acts 1903, ch. 309, § 1; Shan., § 3526a1; mod. Code 1932, §7784; T.C.A. (orig. ed.), § 47-1512; modified.
Tenn. Code Ann. § 47-26-1024 — TN Code / Title 47 / Chapter 26 / Section 47-26-1024
Criminal penalties
Status: in_force

Any person who personally or through such person's servant or agent, or as the servant or agent of another person, commits any prohibited acts enumerated in this part or pursuant regulations or violates any other provision of this part commits a Class C misdemeanor. Acts 1997, ch. 311, § 2.
Any person who personally or through such person's servant or agent, or as the servant or agent of another person, commits any prohibited acts enumerated in this part or pursuant regulations or violates any other provision of this part commits a Class C misdemeanor.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-2-304 — TN Code / Title 47 / Chapter 2 / Section 47-2-304
Price payable in money, goods, realty, or otherwise
Status: in_force

(1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer. (2) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller's obligations with reference to them are subject to this chapter, but not the transfer of the interest in realty or the transferor's obligations in connection therewith. Acts 1963, ch. 81, § 1 (2-304).
(1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.
(2) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller's obligations with reference to them are subject to this chapter, but not the transfer of the interest in realty or the transferor's obligations in connection therewith.
Acts 1963, ch. 81, § 1 (2-304).
Tenn. Code Ann. § 47-17-105 — TN Code / Title 47 / Chapter 17 / Section 47-17-105
Effect of issuance of settlement agreement release
Status: in_force

Upon the issuance of a declaration of a statewide opioid settlement agreement release by the attorney general and reporter pursuant to § 20-13-203 , a governmental entity shall not have the authority to assert, bring, or attempt to enforce a released claim against a released entity in any legal proceeding. Any pending or future litigation brought by a governmental entity asserting released claims against released entities shall be dismissed with prejudice. Copies of declarations of a statewide opioid settlement agreement release must be kept on the website of the attorney general. Added by 2021 Tenn. Acts, ch. 491, s 15, eff. 5/24/2021.
Upon the issuance of a declaration of a statewide opioid settlement agreement release by the attorney general and reporter pursuant to § 20-13-203 , a governmental entity shall not have the authority to assert, bring, or attempt to enforce a released claim against a released entity in any legal proceeding. Any pending or future litigation brought by a governmental entity asserting released claims against released entities shall be dismissed with prejudice. Copies of declarations of a statewide opioid settlement agreement release must be kept on the website of the attorney general.
Added by 2021 Tenn. Acts, ch. 491, s 15, eff. 5/24/2021.
Tenn. Code Ann. § 47-14-125 — TN Code / Title 47 / Chapter 14 / Section 47-14-125
Compliance with federal Consumer Credit Protection Act
Status: in_force

(a) Compliance with the requirements of the Consumer Credit Protection Act, being Public Law 90-321; 82 Stat. 146 et seq., commonly referred to as the federal Truth in Lending Act, shall be deemed compliance with any requirements of the statutes of Tennessee relating to the disclosure of information in connection with credit transactions. (b) A credit transaction which is deemed in compliance with the statutes of Tennessee pursuant to subsection (a) shall also be deemed to be a credit transaction which is specifically authorized under the laws of this state and the United States for purposes of application of § 47-18-111(a)(1) to any action brought under the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title, with respect to disclosure or lack of disclosure of information in connection with such credit transaction. Acts 1969, ch. 235, § 1; T.C.A. § 47-14-119 ; Acts 2001, ch. 162, § 1.
(a) Compliance with the requirements of the Consumer Credit Protection Act, being Public Law 90-321; 82 Stat. 146 et seq., commonly referred to as the federal Truth in Lending Act, shall be deemed compliance with any requirements of the statutes of Tennessee relating to the disclosure of information in connection with credit transactions.
(b) A credit transaction which is deemed in compliance with the statutes of Tennessee pursuant to subsection (a) shall also be deemed to be a credit transaction which is specifically authorized under the laws of this state and the United States for purposes of application of § 47-18-111(a)(1) to any action brought under the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title, with respect to disclosure or lack of disclosure of information in connection with such credit transaction.
Acts 1969, ch. 235, § 1; T.C.A. § 47-14-119 ; Acts 2001, ch. 162, § 1.
Tenn. Code Ann. § 47-18-2704 — TN Code / Title 47 / Chapter 18 / Section 47-18-2704
Compliance by issuers
Status: in_force

Any person subject to liability under this part shall be required to issue cards complying with the provisions of this section on July 1, 2001, or upon the issuance of a renewed card before July 1, 2002, whichever is later. Acts 2001, ch. 173, § 4.
Any person subject to liability under this part shall be required to issue cards complying with the provisions of this section on July 1, 2001, or upon the issuance of a renewed card before July 1, 2002, whichever is later.
Acts 2001, ch. 173, § 4.
Tenn. Code Ann. § 47-9-508 — TN Code / Title 47 / Chapter 9 / Section 47-9-508
Effectiveness of financing statement if new debtor becomes bound by security agreement
Status: in_force

(a) Financing statement naming original debtor. Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral. (b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) to be seriously misleading under § 47-9-506 : (1) the financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four (4) months after, the new debtor becomes bound under § 47-9-203(d) ; and (2) the financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four (4) months after the new debtor becomes bound under § 47-9-203(d) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time. (c) When section not applicable. This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under § 47-9-507(a) . Acts 2000, ch. 846, § 1.
(a) Financing statement naming original debtor. Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.
(b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) to be seriously misleading under § 47-9-506 : (1) the financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four (4) months after, the new debtor becomes bound under § 47-9-203(d) ; and (2) the financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four (4) months after the new debtor becomes bound under § 47-9-203(d) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
(1) the financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four (4) months after, the new debtor becomes bound under § 47-9-203(d) ; and
(2) the financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four (4) months after the new debtor becomes bound under § 47-9-203(d) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
(c) When section not applicable. This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under § 47-9-507(a) .
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-117 — TN Code / Title 47 / Chapter 18 / Section 47-18-117
Out-of-state liquor advertisers - Warning
Status: in_force

(a) Any publication of general circulation, at least twenty percent (20%) of the published copies of which are sold or distributed in the state of Tennessee, which publishes any advertisement by or on behalf of any person, firm or corporation selling or distributing alcoholic beverages at retail in a state other than Tennessee, shall publish a notice to consumers as a part of, or immediately adjacent to, each such advertisement. (b) The notice shall read as follows: WARNING: The importation or transportation of alcoholic beverages into the State of Tennessee by any person not possessing a permit from the Tennessee Alcoholic Beverage Commission is a CRIMINAL OFFENSE which could be punished by FINE or IMPRISONMENT or BOTH. (c) The notice shall be printed in a space equal to or greater than thirty percent (30%) of the total space devoted to each such advertisement in print no smaller than the largest print type employed in such advertisement. Acts 1981, ch. 339, § 1.
(a) Any publication of general circulation, at least twenty percent (20%) of the published copies of which are sold or distributed in the state of Tennessee, which publishes any advertisement by or on behalf of any person, firm or corporation selling or distributing alcoholic beverages at retail in a state other than Tennessee, shall publish a notice to consumers as a part of, or immediately adjacent to, each such advertisement.
(b) The notice shall read as follows: WARNING: The importation or transportation of alcoholic beverages into the State of Tennessee by any person not possessing a permit from the Tennessee Alcoholic Beverage Commission is a CRIMINAL OFFENSE which could be punished by FINE or IMPRISONMENT or BOTH.
WARNING: The importation or transportation of alcoholic beverages into the State of Tennessee by any person not possessing a permit from the Tennessee Alcoholic Beverage Commission is a CRIMINAL OFFENSE which could be punished by FINE or IMPRISONMENT or BOTH.
(c) The notice shall be printed in a space equal to or greater than thirty percent (30%) of the total space devoted to each such advertisement in print no smaller than the largest print type employed in such advertisement.
Acts 1981, ch. 339, § 1.
Tenn. Code Ann. § 47-18-2606 — TN Code / Title 47 / Chapter 18 / Section 47-18-2606
Other statutory provisions remain valid
Status: in_force

Nothing contained in this part shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law. Acts 2000, ch. 758, § 7.
Nothing contained in this part shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law.
Acts 2000, ch. 758, § 7.
Tenn. Code Ann. § 47-2a-513 — TN Code / Title 47 / Chapter 2a / Section 47-2a-513
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) B. DEFAULT BY LESSOR (§§ 47-2A-508 — 47-2A-522) Section 47-2A-513 - Cure by lessor of improper tender or delivery - Replacement
Status: in_force

(1) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract. (2) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he or she seasonably notifies the lessee. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
(1) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract.
(2) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he or she seasonably notifies the lessee.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-30-118 — TN Code / Title 47 / Chapter 30 / Section 47-30-118
Fannie Mae Reverse Mortgage Loans
Status: in_force

(a) When a Fannie Mae Reverse Mortgage Loan becomes due, the amount owed by the borrower shall not be greater than: (1) The fair market value of the house; or (2) The outstanding balance of the loan, including any equity share, if applicable under the terms of the contract, whichever is less. (b) The lender shall enforce the debt only through the sale of the property and shall not obtain a deficiency judgment against the borrower. Acts 1997 , ch. 286, § 8.
(a) When a Fannie Mae Reverse Mortgage Loan becomes due, the amount owed by the borrower shall not be greater than: (1) The fair market value of the house; or (2) The outstanding balance of the loan, including any equity share, if applicable under the terms of the contract, whichever is less.
(1) The fair market value of the house; or
(2) The outstanding balance of the loan, including any equity share, if applicable under the terms of the contract, whichever is less.
whichever is less.
(b) The lender shall enforce the debt only through the sale of the property and shall not obtain a deficiency judgment against the borrower.
Acts 1997 , ch. 286, § 8.
Tenn. Code Ann. § 47-15-101 — TN Code / Title 47 / Chapter 15 / Section 47-15-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Home loan" means a loan which is: (A) Secured by real estate owned and occupied by the borrower for family residential purposes and which may include not more than three (3) additional residential units; and (B) Amortized over a period greater than one hundred eighty-one (181) months; and (2) Other terms used in this chapter, but not defined in this chapter, have the same meaning given to them by § 47-14-102 . Acts 1979, ch. 208, § 1; T.C.A., § 47-14-201.
As used in this chapter, unless the context otherwise requires:
(1) "Home loan" means a loan which is: (A) Secured by real estate owned and occupied by the borrower for family residential purposes and which may include not more than three (3) additional residential units; and (B) Amortized over a period greater than one hundred eighty-one (181) months; and
(A) Secured by real estate owned and occupied by the borrower for family residential purposes and which may include not more than three (3) additional residential units; and
(B) Amortized over a period greater than one hundred eighty-one (181) months; and
(2) Other terms used in this chapter, but not defined in this chapter, have the same meaning given to them by § 47-14-102 .
Acts 1979, ch. 208, § 1; T.C.A., § 47-14-201.
Tenn. Code Ann. § 47-3-111 — TN Code / Title 47 / Chapter 3 / Section 47-3-111
Place of payment
Status: in_force

Except as otherwise provided for items in chapter 4 of this title, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one (1) place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker. Acts 1995, ch. 397, § 2.
Except as otherwise provided for items in chapter 4 of this title, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one (1) place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-25-1212 — TN Code / Title 47 / Chapter 25 / Section 47-25-1212
Contracts obtained by fraud void
Status: in_force

Any contract for invention development services entered into in reliance upon any willful and false, fraudulent, or misleading representation by the invention developer is void and unenforceable. Acts 1977, ch. 436, § 15; T.C.A., § 47-20-112.
Any contract for invention development services entered into in reliance upon any willful and false, fraudulent, or misleading representation by the invention developer is void and unenforceable.
Acts 1977, ch. 436, § 15; T.C.A., § 47-20-112.
Tenn. Code Ann. § 47-9-610 — TN Code / Title 47 / Chapter 9 / Section 47-9-610
Disposition of collateral after default
Status: in_force

(a) Disposition after default. After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing. (b) Commercially reasonable disposition. Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one (1) or more contracts, as a unit or in parcels, and at any time and place and on any terms. (c) Purchase by secured party. A secured party may purchase collateral: (1) at a public disposition; or (2) at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations. (d) Warranties on disposition. A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract. (e) Disclaimer of warranties. A secured party may disclaim or modify warranties under subsection (d): (1) in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or (2) by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties. (f) Record sufficient to disclaim warranties. A record is sufficient to disclaim warranties under subsection (e) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import. Acts 2000, ch. 846, § 1.
(a) Disposition after default. After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.
(b) Commercially reasonable disposition. Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one (1) or more contracts, as a unit or in parcels, and at any time and place and on any terms.
(c) Purchase by secured party. A secured party may purchase collateral: (1) at a public disposition; or (2) at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.
(1) at a public disposition; or
(2) at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.
(d) Warranties on disposition. A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.
(e) Disclaimer of warranties. A secured party may disclaim or modify warranties under subsection (d): (1) in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or (2) by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
(1) in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or
(2) by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
(f) Record sufficient to disclaim warranties. A record is sufficient to disclaim warranties under subsection (e) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-25-516 — TN Code / Title 47 / Chapter 25 / Section 47-25-516
Common law rights
Status: in_force

Nothing in this part shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. Acts 1982, ch. 698, § 15; T.C.A., §§ 69-543, 47-25-435, 47-25-514; Acts 2000, ch. 671, § 1.
Nothing in this part shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Acts 1982, ch. 698, § 15; T.C.A., §§ 69-543, 47-25-435, 47-25-514; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-25-1703 — TN Code / Title 47 / Chapter 25 / Section 47-25-1703
Injunctive relief
Status: in_force

(a) Actual or threatened misappropriation may be enjoined. Upon application to the court an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in appropriate circumstances for reasons including, but not limited to, an elimination of the commercial advantage that otherwise would be derived from the misappropriation, deterrence of willful and malicious misappropriation, or where the trade secret ceases to exist due to the fault of the enjoined party or others by improper means. (b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. (c) In appropriate circumstances, affirmative acts to provide a trade secret may be compelled by court order. Acts 2000, ch. 647, § 3.
(a) Actual or threatened misappropriation may be enjoined. Upon application to the court an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in appropriate circumstances for reasons including, but not limited to, an elimination of the commercial advantage that otherwise would be derived from the misappropriation, deterrence of willful and malicious misappropriation, or where the trade secret ceases to exist due to the fault of the enjoined party or others by improper means.
(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(c) In appropriate circumstances, affirmative acts to provide a trade secret may be compelled by court order.
Acts 2000, ch. 647, § 3.
Tenn. Code Ann. § 47-25-1207 — TN Code / Title 47 / Chapter 25 / Section 47-25-1207
Required contents of contract
Status: in_force

Every contract for invention development services shall set forth in at least ten (10) point boldface type, or equivalent size if handwritten, all of the following: (1) The terms and conditions of payment required by § 47-25-1206 ; (2) A full and detailed description of the acts or services that the invention developer undertakes to perform for the customer. To the extent that the description of acts or services affords the invention developer discretion to decide what acts or services are to be performed by the invention developer, the invention developer shall exercise that discretion to promote the best interests of the customer; (3) A statement whether the invention developer undertakes to construct one (1) or more prototypes, models, or devices embodying the customer's invention; (4) A statement whether the invention developer undertakes to sell or distribute one (1) or more prototypes, models, or devices embodying the customer's invention; (5) The name of the person or firm contracting to perform the invention development services, the name under which the person or firm is doing or has done business as an invention developer, and the name of any parent, subsidiary, or affiliated company that may engage in performing the invention development services; (6) The invention developer's principal business address and the name and address of its agent in the state of Tennessee authorized to receive service of process; (7) The business form of the invention developer, whether corporate, partnership, or otherwise; (8) A statement of the fee charged, a statement that a portion of the fee charged will be paid as a commission or other similar payment, if, in fact, it is intended to be so paid, to a person inducing, directly or indirectly, a customer to contract for the services of the invention developer, which statement shall specify the names of the person or persons receiving the payment; and a statement of the approximate portion of the fee charged, if any, that will be expended for services relating to patent matters; (9) A statement that the invention developer does not intend to expend more for the invention development services than the fee charged the customer, if, in fact, it does not, and if it does so intend, a statement of the estimated expenditures of the invention developer in excess of the fee received from the customer; (10) If any oral or written representation of estimated or projected customer earnings is made, a statement of such estimation or projection and the data upon which it is based; (11) A single statement setting forth both: (A) The total number of customers who have contracted with the invention developer; provided, that the number need not reflect those customers who have contracted within the last thirty (30) days; and (B) The number of customers who have received, by virtue of the invention developer's performance of invention development services, an amount of money in excess of the amount of money paid by such customers to the invention developer; (12) A statement that the invention developer is required to maintain all records and correspondence relating to performance of the invention development services for that customer for a period not less than three (3) years after expiration of the term of the contract for invention development services; (13) The name and address of the custodian of all records and correspondence relating to the performance of the invention development services; (14) A statement that the records and correspondence required to be maintained by subdivision (13) will be made available to the customer or the customer's representative for review and copying at the customer's expense on the invention developer's premises during normal business hours upon seven (7) days' written notice, the time period to begin from the date the notice is placed in the United States mail properly addressed first class postage prepaid; (15) A statement of the expected date of completion of the invention development services; and (16) A statement as follows: "This contract between you and the invention developer is regulated by law. The invention developer is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright, or trademark laws of the United States or any other law. This contract does not provide any patent, copyright, or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable, or subject to trademark protection, or infringes an existing valid patent, copyright, or trademark or a patent, copyright, or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention." Acts 1977, ch. 436, § 10; T.C.A., § 47-20-107.
Every contract for invention development services shall set forth in at least ten (10) point boldface type, or equivalent size if handwritten, all of the following:
(1) The terms and conditions of payment required by § 47-25-1206 ;
(2) A full and detailed description of the acts or services that the invention developer undertakes to perform for the customer. To the extent that the description of acts or services affords the invention developer discretion to decide what acts or services are to be performed by the invention developer, the invention developer shall exercise that discretion to promote the best interests of the customer;
(3) A statement whether the invention developer undertakes to construct one (1) or more prototypes, models, or devices embodying the customer's invention;
(4) A statement whether the invention developer undertakes to sell or distribute one (1) or more prototypes, models, or devices embodying the customer's invention;
(5) The name of the person or firm contracting to perform the invention development services, the name under which the person or firm is doing or has done business as an invention developer, and the name of any parent, subsidiary, or affiliated company that may engage in performing the invention development services;
(6) The invention developer's principal business address and the name and address of its agent in the state of Tennessee authorized to receive service of process;
(7) The business form of the invention developer, whether corporate, partnership, or otherwise;
(8) A statement of the fee charged, a statement that a portion of the fee charged will be paid as a commission or other similar payment, if, in fact, it is intended to be so paid, to a person inducing, directly or indirectly, a customer to contract for the services of the invention developer, which statement shall specify the names of the person or persons receiving the payment; and a statement of the approximate portion of the fee charged, if any, that will be expended for services relating to patent matters;
(9) A statement that the invention developer does not intend to expend more for the invention development services than the fee charged the customer, if, in fact, it does not, and if it does so intend, a statement of the estimated expenditures of the invention developer in excess of the fee received from the customer;
(10) If any oral or written representation of estimated or projected customer earnings is made, a statement of such estimation or projection and the data upon which it is based;
(11) A single statement setting forth both: (A) The total number of customers who have contracted with the invention developer; provided, that the number need not reflect those customers who have contracted within the last thirty (30) days; and (B) The number of customers who have received, by virtue of the invention developer's performance of invention development services, an amount of money in excess of the amount of money paid by such customers to the invention developer;
(A) The total number of customers who have contracted with the invention developer; provided, that the number need not reflect those customers who have contracted within the last thirty (30) days; and
(B) The number of customers who have received, by virtue of the invention developer's performance of invention development services, an amount of money in excess of the amount of money paid by such customers to the invention developer;
(12) A statement that the invention developer is required to maintain all records and correspondence relating to performance of the invention development services for that customer for a period not less than three (3) years after expiration of the term of the contract for invention development services;
(13) The name and address of the custodian of all records and correspondence relating to the performance of the invention development services;
(14) A statement that the records and correspondence required to be maintained by subdivision (13) will be made available to the customer or the customer's representative for review and copying at the customer's expense on the invention developer's premises during normal business hours upon seven (7) days' written notice, the time period to begin from the date the notice is placed in the United States mail properly addressed first class postage prepaid;
(15) A statement of the expected date of completion of the invention development services; and
(16) A statement as follows: "This contract between you and the invention developer is regulated by law. The invention developer is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright, or trademark laws of the United States or any other law. This contract does not provide any patent, copyright, or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable, or subject to trademark protection, or infringes an existing valid patent, copyright, or trademark or a patent, copyright, or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention."
Acts 1977, ch. 436, § 10; T.C.A., § 47-20-107.
Tenn. Code Ann. § 47-50-108 — TN Code / Title 47 / Chapter 50 / Section 47-50-108
Effect of epidemic
Status: in_force

(a) Whenever the legally constituted health authorities of any incorporated town or city, or the mayor, in the absence of a board of health, in this state, shall officially announce the prevalence, as an epidemic, within the limits of such town or city, of any contagious or infectious disease of so malignant or dangerous a character as to suspend or seriously interrupt the business transactions of such town or city, as certified to by the health authorities, the owners or holders of any negotiable paper, such as notes, foreign or inland bills of exchange, or any other evidence of debt requiring demand and notice, or demand, notice, and protest, shall be excused from making such demand, giving such notice, and entering such protest while such epidemic prevails. (b) Such demand, notice, and protest made, given, and entered within fifteen (15) days after such epidemic has been declared at an end by the health authorities or mayor is as binding upon the parties sought to be charged as if the same steps had been taken upon the day of the maturity of the paper. (c) If any incorporated town or city within this state has lost, or shall lose, its corporate existence by a surrender or repeal of its charter, this section applies, in all respects, so far as may be practicable, to the territory, by whatsoever name it may be known or distinguished, embraced within the former corporate limits of such town or city. Acts 1879, ch. 28, § 1; Shan., §§ 3207-3209; Code 1932, §§ 5909-5911; T.C.A. (orig. ed.), §§ 47-809 -- 47-811, 47-15-110 -- 47-15-112.
(a) Whenever the legally constituted health authorities of any incorporated town or city, or the mayor, in the absence of a board of health, in this state, shall officially announce the prevalence, as an epidemic, within the limits of such town or city, of any contagious or infectious disease of so malignant or dangerous a character as to suspend or seriously interrupt the business transactions of such town or city, as certified to by the health authorities, the owners or holders of any negotiable paper, such as notes, foreign or inland bills of exchange, or any other evidence of debt requiring demand and notice, or demand, notice, and protest, shall be excused from making such demand, giving such notice, and entering such protest while such epidemic prevails.
(b) Such demand, notice, and protest made, given, and entered within fifteen (15) days after such epidemic has been declared at an end by the health authorities or mayor is as binding upon the parties sought to be charged as if the same steps had been taken upon the day of the maturity of the paper.
(c) If any incorporated town or city within this state has lost, or shall lose, its corporate existence by a surrender or repeal of its charter, this section applies, in all respects, so far as may be practicable, to the territory, by whatsoever name it may be known or distinguished, embraced within the former corporate limits of such town or city.
Acts 1879, ch. 28, § 1; Shan., §§ 3207-3209; Code 1932, §§ 5909-5911; T.C.A. (orig. ed.), §§ 47-809 -- 47-811, 47-15-110 -- 47-15-112.
Tenn. Code Ann. § 47-2-703 — TN Code / Title 47 / Chapter 2 / Section 47-2-703
Seller's remedies in general
Status: in_force

Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (§ 47-2-612 ), then also with respect to the whole undelivered balance, the aggrieved seller may: (a) withhold delivery of such goods; (b) stop delivery by any bailee as hereafter provided (§ 47-2-705 ); (c) proceed under the next section respecting goods still unidentified to the contract; (d) resell and recover damages as hereafter provided (§ 47-2-706 ); (e) recover damages for nonacceptance (§ 47-2-708 ) or in a proper case the price (§ 47-2-709 ); (f) cancel. Acts 1963, ch. 81, § 1 (2-703).
Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (§ 47-2-612 ), then also with respect to the whole undelivered balance, the aggrieved seller may:
(a) withhold delivery of such goods;
(b) stop delivery by any bailee as hereafter provided (§ 47-2-705 );
(c) proceed under the next section respecting goods still unidentified to the contract;
(d) resell and recover damages as hereafter provided (§ 47-2-706 );
(e) recover damages for nonacceptance (§ 47-2-708 ) or in a proper case the price (§ 47-2-709 );
(f) cancel.
Acts 1963, ch. 81, § 1 (2-703).
Tenn. Code Ann. § 47-18-5512 — TN Code / Title 47 / Chapter 18 / Section 47-18-5512
Registration in another state
Status: in_force

If a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, the provider may submit a copy of that license or certificate and the application for it instead of an application in the form prescribed by § 47-18-5505(a) , § 47-18-5506 or § 47-18-5511(b) . The administrator shall accept the application and the license or certificate from the other state as an application for registration as a provider or for renewal of registration as a provider, as appropriate, in this state if: (1) The application in the other state contains information substantially similar to or more comprehensive than that required in an application submitted in this state; (2) The applicant provides the information required by § 47-18-5506(1), (3), (10), (12) and (13) ; and (3) The applicant, under oath, certifies that the information contained in the application is current or, to the extent it is not current, supplements the application to make the information current. Acts 2009, ch. 469, § 1.
If a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, the provider may submit a copy of that license or certificate and the application for it instead of an application in the form prescribed by § 47-18-5505(a) , § 47-18-5506 or § 47-18-5511(b) . The administrator shall accept the application and the license or certificate from the other state as an application for registration as a provider or for renewal of registration as a provider, as appropriate, in this state if:
(1) The application in the other state contains information substantially similar to or more comprehensive than that required in an application submitted in this state;
(2) The applicant provides the information required by § 47-18-5506(1), (3), (10), (12) and (13) ; and
(3) The applicant, under oath, certifies that the information contained in the application is current or, to the extent it is not current, supplements the application to make the information current.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-26-1014 — TN Code / Title 47 / Chapter 26 / Section 47-26-1014
Oath - Compensation - Seal
Status: in_force

(a) Each public weighmaster shall, before entering upon such weighmaster's duties, make oath to execute faithfully such weighmaster's duties and file the same with the commissioner. (b) The issuance of a public weighmaster license shall not obligate the state to pay to the licensee any compensation for the licensee's services as a public weighmaster. (c) Each public weighmaster may, at such weighmaster's own expense, provide such weighmaster with an impression seal. Such weighmaster's name and the word "Tennessee" shall be inscribed around the outer margin of the seal and the words "Licensed Weighmaster" or "Public Weighmaster" shall appear in the center thereof. The seal may be impressed upon each weight certificate issued by a public weighmaster. Acts 1997, ch. 311, § 2.
(a) Each public weighmaster shall, before entering upon such weighmaster's duties, make oath to execute faithfully such weighmaster's duties and file the same with the commissioner.
(b) The issuance of a public weighmaster license shall not obligate the state to pay to the licensee any compensation for the licensee's services as a public weighmaster.
(c) Each public weighmaster may, at such weighmaster's own expense, provide such weighmaster with an impression seal. Such weighmaster's name and the word "Tennessee" shall be inscribed around the outer margin of the seal and the words "Licensed Weighmaster" or "Public Weighmaster" shall appear in the center thereof. The seal may be impressed upon each weight certificate issued by a public weighmaster.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-29-103 — TN Code / Title 47 / Chapter 29 / Section 47-29-103
Remedies cumulative
Status: in_force

The remedies provided under this chapter shall be in addition to and not in lieu of any rights and remedies available under the Uniform Commercial Code as provided in chapters 1-9 of this title. Acts 1988, ch. 868, § 5.
The remedies provided under this chapter shall be in addition to and not in lieu of any rights and remedies available under the Uniform Commercial Code as provided in chapters 1-9 of this title.
Acts 1988, ch. 868, § 5.
Tenn. Code Ann. § 47-8-303 — TN Code / Title 47 / Chapter 8 / Section 47-8-303
Protected purchaser
Status: in_force

(a) "Protected purchaser" means a purchaser of a certificated or uncertificated security, or of an interest therein, who: (1) gives value; (2) does not have notice of any adverse claim to the security; and (3) obtains control of the certificated or uncertificated security. (b) In addition to acquiring the rights of a purchaser, a protected purchaser also acquires its interest in the security free of any adverse claim. Acts 1997, ch. 79, § 1.
(a) "Protected purchaser" means a purchaser of a certificated or uncertificated security, or of an interest therein, who: (1) gives value; (2) does not have notice of any adverse claim to the security; and (3) obtains control of the certificated or uncertificated security.
(1) gives value;
(2) does not have notice of any adverse claim to the security; and
(3) obtains control of the certificated or uncertificated security.
(b) In addition to acquiring the rights of a purchaser, a protected purchaser also acquires its interest in the security free of any adverse claim.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-7-301 — TN Code / Title 47 / Chapter 7 / Section 47-7-301
Liability for nonreceipt or misdescription - "Said to contain" - "Shipper's weight, load, and count" - Improper handling
Status: in_force

(a) A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, such as in a case in which the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by "contents or condition of contents of packages unknown", "said to contain", "shipper's weight, load, and count," or words of similar import, if that indication is true. (b) If goods are loaded by the issuer of a bill of lading: (1) The issuer shall count the packages of goods if shipped in packages and ascertain the kind and quantity if shipped in bulk; and (2) Words such as "shipper's weight, load, and count," or words of similar import indicating that the description was made by the shipper are ineffective except as to goods concealed in packages. (c) If bulk goods are loaded by a shipper that makes available to the issuer of a bill of lading adequate facilities for weighing those goods, the issuer shall ascertain the kind and quantity within a reasonable time after receiving the shipper's request in a record to do so. In that case, "shipper's weight" or words of similar import are ineffective. (d) The issuer of a bill of lading, by including in the bill the words "shipper's weight, load, and count," or words of similar import, may indicate that the goods were loaded by the shipper, and, if that statement is true, the issuer is not liable for damages caused by the improper loading. However, omission of such words does not imply liability for damages caused by improper loading. (e) A shipper guarantees to an issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition, and weight, as furnished by the shipper, and the shipper shall indemnify the issuer against damage caused by inaccuracies in those particulars. This right of indemnity does not limit the issuer's responsibility or liability under the contract of carriage to any person other than the shipper. Acts 2008, ch. 814, § 1.
(a) A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, such as in a case in which the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by "contents or condition of contents of packages unknown", "said to contain", "shipper's weight, load, and count," or words of similar import, if that indication is true.
(b) If goods are loaded by the issuer of a bill of lading: (1) The issuer shall count the packages of goods if shipped in packages and ascertain the kind and quantity if shipped in bulk; and (2) Words such as "shipper's weight, load, and count," or words of similar import indicating that the description was made by the shipper are ineffective except as to goods concealed in packages.
(1) The issuer shall count the packages of goods if shipped in packages and ascertain the kind and quantity if shipped in bulk; and
(2) Words such as "shipper's weight, load, and count," or words of similar import indicating that the description was made by the shipper are ineffective except as to goods concealed in packages.
(c) If bulk goods are loaded by a shipper that makes available to the issuer of a bill of lading adequate facilities for weighing those goods, the issuer shall ascertain the kind and quantity within a reasonable time after receiving the shipper's request in a record to do so. In that case, "shipper's weight" or words of similar import are ineffective.
(d) The issuer of a bill of lading, by including in the bill the words "shipper's weight, load, and count," or words of similar import, may indicate that the goods were loaded by the shipper, and, if that statement is true, the issuer is not liable for damages caused by the improper loading. However, omission of such words does not imply liability for damages caused by improper loading.
(e) A shipper guarantees to an issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition, and weight, as furnished by the shipper, and the shipper shall indemnify the issuer against damage caused by inaccuracies in those particulars. This right of indemnity does not limit the issuer's responsibility or liability under the contract of carriage to any person other than the shipper.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-7-304 — TN Code / Title 47 / Chapter 7 / Section 47-7-304
Tangible bills of lading in a set
Status: in_force

(a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection (a). (b) If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitutes one (1) bill. (c) If a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to which the first due negotiation is made prevails as to both the document of title and the goods even if any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrendering its part. (d) A person that negotiates or transfers a single part of a tangible bill of lading issued in a set is liable to holders of that part as if it were the whole set. (e) The bailee shall deliver in accordance with part 4 of this chapter against the first presented part of a tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the bailee's obligation on the whole bill. Acts 2008, ch. 814, § 1.
(a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection (a).
(b) If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitutes one (1) bill.
(c) If a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to which the first due negotiation is made prevails as to both the document of title and the goods even if any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrendering its part.
(d) A person that negotiates or transfers a single part of a tangible bill of lading issued in a set is liable to holders of that part as if it were the whole set.
(e) The bailee shall deliver in accordance with part 4 of this chapter against the first presented part of a tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the bailee's obligation on the whole bill.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-1708 — TN Code / Title 47 / Chapter 18 / Section 47-18-1708
Violations - Penalties
Status: in_force

(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. (b) For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce and subject to the penalties and remedies as provided by such act. Acts 1996, ch. 731, § 9.
(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter.
(b) For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce and subject to the penalties and remedies as provided by such act.
Acts 1996, ch. 731, § 9.
Tenn. Code Ann. § 47-18-3204 — TN Code / Title 47 / Chapter 18 / Section 47-18-3204
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 1017,s 3, eff. 7/1/2024. Added by 2023 Tenn. Acts, ch. 220, s 2, eff. 7/1/2023.
Repealed by 2024 Tenn. Acts, ch. 1017,s 3, eff. 7/1/2024.
Added by 2023 Tenn. Acts, ch. 220, s 2, eff. 7/1/2023.
Tenn. Code Ann. § 47-18-1506 — TN Code / Title 47 / Chapter 18 / Section 47-18-1506
Telephone companies and cooperatives - Withdrawal of access to a telephone access line
Status: in_force

No telephone company or cooperative shall provide access to a telephone access line to any person who solicits calls to such number through the use of ADAD equipment or through the use of the United States mail. A telephone company or cooperative shall, upon the order of the commission, withdraw access to a telephone access line from any person if calls to such number are solicited by ADAD equipment or through the use of the United States mail. Amended by 2017 Tenn. Acts, ch. 94,s 39, eff. 4/4/2017. Acts 1990, ch. 874, § 6; 1995, ch. 305, § 104.
No telephone company or cooperative shall provide access to a telephone access line to any person who solicits calls to such number through the use of ADAD equipment or through the use of the United States mail. A telephone company or cooperative shall, upon the order of the commission, withdraw access to a telephone access line from any person if calls to such number are solicited by ADAD equipment or through the use of the United States mail.
Amended by 2017 Tenn. Acts, ch. 94,s 39, eff. 4/4/2017.
Acts 1990, ch. 874, § 6; 1995, ch. 305, § 104.
Tenn. Code Ann. § 47-3-203 — TN Code / Title 47 / Chapter 3 / Section 47-3-203
Transfer of instrument - Rights acquired by transfer
Status: in_force

(a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. (b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. (c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of endorsement by the transferor, the transferee has a specifically enforceable right to the unqualified endorsement of the transferor, but negotiation of the instrument does not occur until the endorsement is made. (d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this chapter and has only the rights of a partial assignee. Acts 1995, ch. 397, § 2.
(a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.
(b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.
(c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of endorsement by the transferor, the transferee has a specifically enforceable right to the unqualified endorsement of the transferor, but negotiation of the instrument does not occur until the endorsement is made.
(d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this chapter and has only the rights of a partial assignee.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-2a-509 — TN Code / Title 47 / Chapter 2a / Section 47-2a-509
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) B. DEFAULT BY LESSOR (§§ 47-2A-508 — 47-2A-522) Section 47-2A-509 - Lessee's rights on improper delivery - Rightful rejection
Status: in_force

(1) Subject to the provisions of § 47-2A-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods. (2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor. Acts 1993, ch. 398, § 1.
(1) Subject to the provisions of § 47-2A-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.
(2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-2a-505 — TN Code / Title 47 / Chapter 2a / Section 47-2a-505
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) A. IN GENERAL (§§ 47-2A-501 — 47-2A-507) Section 47-2A-505 - Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies
Status: in_force

(1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the canceling party also retains any remedy for default of the whole lease contract or any unperformed balance. (2) On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives. (3) Unless the contrary intention clearly appears, expressions of "cancellation," "rescission," or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default. (4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this chapter for default. (5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy. Acts 1993, ch. 398, § 1.
(1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the canceling party also retains any remedy for default of the whole lease contract or any unperformed balance.
(2) On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives.
(3) Unless the contrary intention clearly appears, expressions of "cancellation," "rescission," or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.
(4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this chapter for default.
(5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-1806 — TN Code / Title 47 / Chapter 18 / Section 47-18-1806
Civil penalties
Status: in_force

The attorney general may seek and the court may impose a maximum civil penalty for a violation of this part of not more than ten thousand dollars ($10,000). For purposes of this section, each unmarked or improperly marked article constitutes a separate violation of this part. Amended by 2019 Tenn. Acts, ch. 459,s 35, eff. 9/30/2019. Acts 1997, ch. 244, § 6.
The attorney general may seek and the court may impose a maximum civil penalty for a violation of this part of not more than ten thousand dollars ($10,000). For purposes of this section, each unmarked or improperly marked article constitutes a separate violation of this part.
Amended by 2019 Tenn. Acts, ch. 459,s 35, eff. 9/30/2019.
Acts 1997, ch. 244, § 6.
Tenn. Code Ann. § 47-18-1001 — TN Code / Title 47 / Chapter 18 / Section 47-18-1001
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Credit Services Businesses Act." Acts 1988, ch. 897, § 1.
This part shall be known and may be cited as the "Tennessee Credit Services Businesses Act."
Acts 1988, ch. 897, § 1.
Tenn. Code Ann. § 47-25-1802 — TN Code / Title 47 / Chapter 25 / Section 47-25-1802
Approval of warranty claims - Notice of claim
Status: in_force

(a) Claims by a retailer for payment under warranty agreements pertaining to inventory shall either be approved or disapproved within thirty (30) days of receipt by the supplier. All approved claims shall be paid within thirty (30) days of their approval. When any such claim is disapproved, the supplier shall notify the dealer within thirty (30) days of receipt stating the specific grounds upon which the disapproval is based. If a claim is not specifically disapproved within thirty (30) days of receipt, it shall be deemed approved and payment by the supplier shall follow within thirty (30) days. If said payment is not made within thirty (30) days, the amount of the claim that remains unpaid shall accrue interest beginning on the thirty-first day at the weekly average prime loan rate, as of the thirty-first day, for the most recent week for which such an average rate has been published by the board of governors of the federal reserve system. (b) Any notice of a warranty claim given to a supplier under this section shall contain the following language in conspicuous type: "If no objections to this claim are made within thirty (30) days of receipt then payment of the claim must be made within thirty (30) days as provided in title 47, chapter 25, part 18." Acts 2001, ch. 425, § 1.
(a) Claims by a retailer for payment under warranty agreements pertaining to inventory shall either be approved or disapproved within thirty (30) days of receipt by the supplier. All approved claims shall be paid within thirty (30) days of their approval. When any such claim is disapproved, the supplier shall notify the dealer within thirty (30) days of receipt stating the specific grounds upon which the disapproval is based. If a claim is not specifically disapproved within thirty (30) days of receipt, it shall be deemed approved and payment by the supplier shall follow within thirty (30) days. If said payment is not made within thirty (30) days, the amount of the claim that remains unpaid shall accrue interest beginning on the thirty-first day at the weekly average prime loan rate, as of the thirty-first day, for the most recent week for which such an average rate has been published by the board of governors of the federal reserve system.
(b) Any notice of a warranty claim given to a supplier under this section shall contain the following language in conspicuous type: "If no objections to this claim are made within thirty (30) days of receipt then payment of the claim must be made within thirty (30) days as provided in title 47, chapter 25, part 18."
"If no objections to this claim are made within thirty (30) days of receipt then payment of the claim must be made within thirty (30) days as provided in title 47, chapter 25, part 18."
Acts 2001, ch. 425, § 1.
Tenn. Code Ann. § 47-4-110 — TN Code / Title 47 / Chapter 4 / Section 47-4-110
Electronic presentment
Status: in_force

(a) "Agreement for electronic presentment" means an agreement, clearing-house rule, or Federal Reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement. (b) Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received. (c) If presentment is made by presentment notice, a reference to "item" or "check" in this chapter means the presentment notice unless the context otherwise indicates. Acts 1995, ch. 397, § 3.
(a) "Agreement for electronic presentment" means an agreement, clearing-house rule, or Federal Reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement.
(b) Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received.
(c) If presentment is made by presentment notice, a reference to "item" or "check" in this chapter means the presentment notice unless the context otherwise indicates.
Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-2-321 — TN Code / Title 47 / Chapter 2 / Section 47-2-321
I.F. or C. & F. - "Net landed weights" - "Payment on arrival" - Warranty of condition on arrival
Status: in_force

Under a contract containing a term C.I.F. or C. & F.: (1) Where the price is based on or is to be adjusted according to "net landed weights," "delivered weights," "out turn" quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness. (2) An agreement described in subsection (1) or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss. (3) Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost, delivery of the documents and payment are due when the goods should have arrived. Acts 1963, ch. 81, § 1 (2-321).
Under a contract containing a term C.I.F. or C. & F.:
(1) Where the price is based on or is to be adjusted according to "net landed weights," "delivered weights," "out turn" quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness.
(2) An agreement described in subsection (1) or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss.
(3) Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost, delivery of the documents and payment are due when the goods should have arrived.
Acts 1963, ch. 81, § 1 (2-321).
Tenn. Code Ann. § 47-18-1011 — TN Code / Title 47 / Chapter 18 / Section 47-18-1011
Bond
Status: in_force

(a) (1) In order to provide a degree of protection to customers of credit services businesses, each credit services business shall post a bond in an amount as determined by the commissioner with the department of commerce and insurance for each location conducting business in this state. The bond shall be made with a bond issued by a corporate surety acceptable to the commissioner. (2) If the commissioner has not promulgated a rule setting the required level of bonding, then the bond shall be in the amount of one hundred thousand dollars ($100,000). (b) The bond shall be maintained for two (2) years following the date on which the credit services business ceases to conduct business in this state. (c) In an action brought by the attorney general and reporter pursuant to § 47-18-1010 , the attorney general and reporter shall have the right to request that the total amount of the bond posted by the credit services business be awarded to the state for consumer restitution or civil penalties. Further, any person who has been awarded damages for a private action under this part may make a claim against the bond. (d) Notwithstanding subsection (a), any credit services business that was registered with the division of consumer affairs in the department of commerce and insurance on or before May 1, 1998, shall only be required to post a bond in the amount of ten thousand dollars ($10,000) with the department. The bond may be made through a deposit of cash, a certificate of deposit, securities, or with a bond issued by a corporate surety acceptable to the commissioner. (e) Receipt of bonds for credit services businesses posted under this part shall be transferred to the division of regulatory boards in the department of commerce and insurance on and after July 1, 2015. (f) The commissioner may prescribe fees for the filing of a bond with the department of commerce and insurance pursuant to this part. The fees shall be in an amount that provides for the cost of administering the receipt of bonds for credit services businesses. Fees may be adjusted as necessary to provide that the administration of bonds for credit services businesses is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures. Amended by 2015 Tenn. Acts, ch. 339,s 23, eff. 7/1/2015. Acts 1988, ch. 897, § 11; 1998, ch. 854, § 9; 2000, ch. 874, § 1.
(a) (1) In order to provide a degree of protection to customers of credit services businesses, each credit services business shall post a bond in an amount as determined by the commissioner with the department of commerce and insurance for each location conducting business in this state. The bond shall be made with a bond issued by a corporate surety acceptable to the commissioner. (2) If the commissioner has not promulgated a rule setting the required level of bonding, then the bond shall be in the amount of one hundred thousand dollars ($100,000).
(1) In order to provide a degree of protection to customers of credit services businesses, each credit services business shall post a bond in an amount as determined by the commissioner with the department of commerce and insurance for each location conducting business in this state. The bond shall be made with a bond issued by a corporate surety acceptable to the commissioner.
(2) If the commissioner has not promulgated a rule setting the required level of bonding, then the bond shall be in the amount of one hundred thousand dollars ($100,000).
(b) The bond shall be maintained for two (2) years following the date on which the credit services business ceases to conduct business in this state.
(c) In an action brought by the attorney general and reporter pursuant to § 47-18-1010 , the attorney general and reporter shall have the right to request that the total amount of the bond posted by the credit services business be awarded to the state for consumer restitution or civil penalties. Further, any person who has been awarded damages for a private action under this part may make a claim against the bond.
(d) Notwithstanding subsection (a), any credit services business that was registered with the division of consumer affairs in the department of commerce and insurance on or before May 1, 1998, shall only be required to post a bond in the amount of ten thousand dollars ($10,000) with the department. The bond may be made through a deposit of cash, a certificate of deposit, securities, or with a bond issued by a corporate surety acceptable to the commissioner.
(e) Receipt of bonds for credit services businesses posted under this part shall be transferred to the division of regulatory boards in the department of commerce and insurance on and after July 1, 2015.
(f) The commissioner may prescribe fees for the filing of a bond with the department of commerce and insurance pursuant to this part. The fees shall be in an amount that provides for the cost of administering the receipt of bonds for credit services businesses. Fees may be adjusted as necessary to provide that the administration of bonds for credit services businesses is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures.
Amended by 2015 Tenn. Acts, ch. 339,s 23, eff. 7/1/2015.
Acts 1988, ch. 897, § 11; 1998, ch. 854, § 9; 2000, ch. 874, § 1.
Tenn. Code Ann. § 47-1-306 — TN Code / Title 47 / Chapter 1 / Section 47-1-306
Waiver or renunciation of claim or right after breach
Status: in_force

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record. Acts 2008, ch. 930, § 1.
A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-18-1003 — TN Code / Title 47 / Chapter 18 / Section 47-18-1003
Prohibited practices
Status: in_force

A credit services business, and its salespersons, agents and representatives, and independent contractors who sell or attempt to sell the services of a credit services business, shall not do any of the following: (1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit services business has agreed to perform for or on behalf of the consumer, including all representations made orally or in writing; however, a credit services business may enter an installment plan with the consumer, so long as that installment plan does not exceed six (6) months and is approved by the commissioner or the commissioner's designee. "Full and complete performance" means fulfillment of all items listed in the contract and other solicitations or communications to consumers; (2) Charge or receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend credit to the consumer, if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public; (3) Make, or counsel or advise any consumer to make, any statement that is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended credit to a consumer or to whom a consumer is applying for an extension of credit, with respect to a consumer's creditworthiness, credit standing, or credit capacity; (4) Make or use any untrue or misleading representations in the offer or sale of the services of a credit services business or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit services business; (5) Create, or assist or advise the consumer to create a new credit record by using a different name, address, social security number, or employee identification number; (6) Provide, in any manner, the services of a credit services business within this state, without registering a bond consistent with § 47-18-1011 ; (7) Remove, assist or advise the consumer to remove or otherwise alter adverse information from the consumer's credit record which is accurate or not obsolete; (8) Create, assist or advise the consumer to request that positive information be inserted or included on the consumer's credit record which is false, inaccurate or obsolete; (9) Use a program or plan which uses or employs installment payments featuring payments charged directly to a credit card prior to full and complete performance of the services that the credit services business has agreed to perform for or on behalf of the consumer, except as permitted under subdivision (1); or (10) Engaging in any violation of the federal Consumer Credit Protection Act. Amended by 2021 Tenn. Acts, ch. 549, s 5, eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 549, s 4, eff. 10/1/2021. Acts 1988, ch. 897, § 3; 1998, ch. 854, §§ 2, 3.
A credit services business, and its salespersons, agents and representatives, and independent contractors who sell or attempt to sell the services of a credit services business, shall not do any of the following:
(1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit services business has agreed to perform for or on behalf of the consumer, including all representations made orally or in writing; however, a credit services business may enter an installment plan with the consumer, so long as that installment plan does not exceed six (6) months and is approved by the commissioner or the commissioner's designee. "Full and complete performance" means fulfillment of all items listed in the contract and other solicitations or communications to consumers;
(2) Charge or receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend credit to the consumer, if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public;
(3) Make, or counsel or advise any consumer to make, any statement that is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended credit to a consumer or to whom a consumer is applying for an extension of credit, with respect to a consumer's creditworthiness, credit standing, or credit capacity;
(4) Make or use any untrue or misleading representations in the offer or sale of the services of a credit services business or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit services business;
(5) Create, or assist or advise the consumer to create a new credit record by using a different name, address, social security number, or employee identification number;
(6) Provide, in any manner, the services of a credit services business within this state, without registering a bond consistent with § 47-18-1011 ;
(7) Remove, assist or advise the consumer to remove or otherwise alter adverse information from the consumer's credit record which is accurate or not obsolete;
(8) Create, assist or advise the consumer to request that positive information be inserted or included on the consumer's credit record which is false, inaccurate or obsolete;
(9) Use a program or plan which uses or employs installment payments featuring payments charged directly to a credit card prior to full and complete performance of the services that the credit services business has agreed to perform for or on behalf of the consumer, except as permitted under subdivision (1); or
(10) Engaging in any violation of the federal Consumer Credit Protection Act.
Amended by 2021 Tenn. Acts, ch. 549, s 5, eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 549, s 4, eff. 10/1/2021.
Acts 1988, ch. 897, § 3; 1998, ch. 854, §§ 2, 3.
Tenn. Code Ann. § 47-4a-108 — TN Code / Title 47 / Chapter 4a / Section 47-4a-108
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 47-4A-101 — 47-4A-108) Section 47-4A-108 - Relationship to Electronic Fund Transfer Act
Status: in_force

(a) Except as provided in subsection (b), this chapter does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. § 1693 et seq.) as amended from time to time. (b) This chapter applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act, codified in 15 U.S.C. § 1693o-1 , as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act, codified in 15 U.S.C. § 1693a , as amended from time to time. (c) In a funds transfer to which this chapter applies, in the event of an inconsistency between an applicable provision of this chapter and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency. Amended by 2013 Tenn. Acts, ch. 51, s 1, eff. 3/26/2013. Acts 1991, ch. 52, § 1.
(a) Except as provided in subsection (b), this chapter does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. § 1693 et seq.) as amended from time to time.
(b) This chapter applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act, codified in 15 U.S.C. § 1693o-1 , as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act, codified in 15 U.S.C. § 1693a , as amended from time to time.
(c) In a funds transfer to which this chapter applies, in the event of an inconsistency between an applicable provision of this chapter and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.
Amended by 2013 Tenn. Acts, ch. 51, s 1, eff. 3/26/2013.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-18-801 — TN Code / Title 47 / Chapter 18 / Section 47-18-801
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Equal Consumer Credit Act of 1974." Acts 1974, ch. 727, § 1; T.C.A., § 47-17-101.
This part shall be known and may be cited as the "Tennessee Equal Consumer Credit Act of 1974."
Acts 1974, ch. 727, § 1; T.C.A., § 47-17-101.
Tenn. Code Ann. § 47-25-1206 — TN Code / Title 47 / Chapter 25 / Section 47-25-1206
Cancellation option
Status: in_force

(a) (1) Notwithstanding any contractual provision to the contrary, the invention developer and the customer shall each have the right to cancel a contract for invention development services for any reason at any time within seven (7) days of the date the invention developer and the customer sign the contract. (2) Cancellation shall be effected by written notice mailed or delivered to the invention developer or the customer. If the notice is mailed, it must be postmarked by twelve o'clock midnight (12:00) of the last day of the cancellation period. If the notice is delivered, it must be delivered by the end of the invention developer's normal business day. Within five (5) business days after receipt of such notice of cancellation by the customer, the invention developer shall return to the customer, by mail, all moneys paid and all materials provided by the customer. (b) (1) Subsection (a) shall apply to every contract executed between an invention developer and a customer. (2) Each such contract shall contain the following statement in ten (10) point boldface type immediately above the place at which the customer signs the contract: "The seven-day period during which you may cancel this contract for any reason by mailing or delivering written notice to the invention developer will expire on ____________________ (Last date to mail or deliver notice) If you choose to mail your notice, it must be placed in the United States mail properly addressed first class postage prepaid and postmarked before twelve o'clock midnight (12:00) of this date. If you choose to deliver your notice to the invention developer directly, it must be delivered to that party by the end of that party's normal business day on this date. The invention developer also has the right to cancel this contract by notice similarly mailed or delivered." Acts 1977, ch. 436, § 4; T.C.A., § 47-20-106.
(a) (1) Notwithstanding any contractual provision to the contrary, the invention developer and the customer shall each have the right to cancel a contract for invention development services for any reason at any time within seven (7) days of the date the invention developer and the customer sign the contract. (2) Cancellation shall be effected by written notice mailed or delivered to the invention developer or the customer. If the notice is mailed, it must be postmarked by twelve o'clock midnight (12:00) of the last day of the cancellation period. If the notice is delivered, it must be delivered by the end of the invention developer's normal business day. Within five (5) business days after receipt of such notice of cancellation by the customer, the invention developer shall return to the customer, by mail, all moneys paid and all materials provided by the customer.
(1) Notwithstanding any contractual provision to the contrary, the invention developer and the customer shall each have the right to cancel a contract for invention development services for any reason at any time within seven (7) days of the date the invention developer and the customer sign the contract.
(2) Cancellation shall be effected by written notice mailed or delivered to the invention developer or the customer. If the notice is mailed, it must be postmarked by twelve o'clock midnight (12:00) of the last day of the cancellation period. If the notice is delivered, it must be delivered by the end of the invention developer's normal business day. Within five (5) business days after receipt of such notice of cancellation by the customer, the invention developer shall return to the customer, by mail, all moneys paid and all materials provided by the customer.
(b) (1) Subsection (a) shall apply to every contract executed between an invention developer and a customer. (2) Each such contract shall contain the following statement in ten (10) point boldface type immediately above the place at which the customer signs the contract: "The seven-day period during which you may cancel this contract for any reason by mailing or delivering written notice to the invention developer will expire on ____________________ (Last date to mail or deliver notice) If you choose to mail your notice, it must be placed in the United States mail properly addressed first class postage prepaid and postmarked before twelve o'clock midnight (12:00) of this date. If you choose to deliver your notice to the invention developer directly, it must be delivered to that party by the end of that party's normal business day on this date. The invention developer also has the right to cancel this contract by notice similarly mailed or delivered."
(1) Subsection (a) shall apply to every contract executed between an invention developer and a customer.
(2) Each such contract shall contain the following statement in ten (10) point boldface type immediately above the place at which the customer signs the contract: "The seven-day period during which you may cancel this contract for any reason by mailing or delivering written notice to the invention developer will expire on ____________________ (Last date to mail or deliver notice) If you choose to mail your notice, it must be placed in the United States mail properly addressed first class postage prepaid and postmarked before twelve o'clock midnight (12:00) of this date. If you choose to deliver your notice to the invention developer directly, it must be delivered to that party by the end of that party's normal business day on this date. The invention developer also has the right to cancel this contract by notice similarly mailed or delivered."
"The seven-day period during which you may cancel this contract for any reason by mailing or delivering written notice to the invention developer will expire on ____________________ (Last date to mail or deliver notice)
If you choose to mail your notice, it must be placed in the United States mail properly addressed first class postage prepaid and postmarked before twelve o'clock midnight (12:00) of this date. If you choose to deliver your notice to the invention developer directly, it must be delivered to that party by the end of that party's normal business day on this date. The invention developer also has the right to cancel this contract by notice similarly mailed or delivered."
Acts 1977, ch. 436, § 4; T.C.A., § 47-20-106.
Tenn. Code Ann. § 47-4-210 — TN Code / Title 47 / Chapter 4 / Section 47-4-210
Security interest of collecting bank in items, accompanying documents and proceeds
Status: in_force

(a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either: (1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; (2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or (3) If it makes an advance on or against the item. (b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn. (c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to chapter 9 of this title, but: (1) No security agreement is necessary to make the security interest enforceable (§ 47-9-203(b)(3)(A) ). (2) No filing is required to perfect the security interest; and (3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds. Acts 1963, ch. 81, § 1 (4-208); T.C.A. § 47-4-208 ; Acts 1995, ch. 397, § 3; 2000, ch. 846, § 13; 2008, ch. 814, § 21.
(a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either: (1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; (2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or (3) If it makes an advance on or against the item.
(1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;
(2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or
(3) If it makes an advance on or against the item.
(b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.
(c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to chapter 9 of this title, but: (1) No security agreement is necessary to make the security interest enforceable (§ 47-9-203(b)(3)(A) ). (2) No filing is required to perfect the security interest; and (3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.
(1) No security agreement is necessary to make the security interest enforceable (§ 47-9-203(b)(3)(A) ).
(2) No filing is required to perfect the security interest; and
(3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.
Acts 1963, ch. 81, § 1 (4-208); T.C.A. § 47-4-208 ; Acts 1995, ch. 397, § 3; 2000, ch. 846, § 13; 2008, ch. 814, § 21.
Tenn. Code Ann. § 47-18-5705 — TN Code / Title 47 / Chapter 18 / Section 47-18-5705
Enforcement
Status: in_force

(a) If the attorney general and reporter believes that a social media company is engaged in, has engaged in, or is about to engage in an act or practice prohibited by this part and that proceedings would be in the public interest, then the attorney general and reporter may: (1) Conduct an investigation in the same manner as provided in § 47-18-106 ; and (2) Bring an action in the same manner as provided in § 47-18-108 ; in any such action, the attorney general and reporter may recover the penalties and other relief authorized under § 47-18-108 . (b) The powers and remedies provided in this section are cumulative and supplementary to all other powers and remedies otherwise provided by law. The invocation of one (1) power or remedy in this part does not exclude or prohibit the use of another available remedy. Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
(a) If the attorney general and reporter believes that a social media company is engaged in, has engaged in, or is about to engage in an act or practice prohibited by this part and that proceedings would be in the public interest, then the attorney general and reporter may: (1) Conduct an investigation in the same manner as provided in § 47-18-106 ; and (2) Bring an action in the same manner as provided in § 47-18-108 ; in any such action, the attorney general and reporter may recover the penalties and other relief authorized under § 47-18-108 .
(1) Conduct an investigation in the same manner as provided in § 47-18-106 ; and
(2) Bring an action in the same manner as provided in § 47-18-108 ; in any such action, the attorney general and reporter may recover the penalties and other relief authorized under § 47-18-108 .
(b) The powers and remedies provided in this section are cumulative and supplementary to all other powers and remedies otherwise provided by law. The invocation of one (1) power or remedy in this part does not exclude or prohibit the use of another available remedy.
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 47-2-501 — TN Code / Title 47 / Chapter 2 / Section 47-2-501
Insurable interest in goods - Manner of identification of goods
Status: in_force

(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs: (a) when the contract is made if it is for the sale of goods already existing and identified; (b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers; (c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve (12) months after contracting or for the sale of crops to be harvested within twelve (12) months or the next normal harvest season after contracting whichever is longer. (2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified. (3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law. Acts 1963, ch. 81, § 1 (2-501).
(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs: (a) when the contract is made if it is for the sale of goods already existing and identified; (b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers; (c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve (12) months after contracting or for the sale of crops to be harvested within twelve (12) months or the next normal harvest season after contracting whichever is longer.
(a) when the contract is made if it is for the sale of goods already existing and identified;
(b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;
(c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve (12) months after contracting or for the sale of crops to be harvested within twelve (12) months or the next normal harvest season after contracting whichever is longer.
(2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.
(3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
Acts 1963, ch. 81, § 1 (2-501).
Tenn. Code Ann. § 47-10-108 — TN Code / Title 47 / Chapter 10 / Section 47-10-108
Provision of information in writing - Presentation of records
Status: in_force

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply: (1) The record must be posted or displayed in the manner specified in the other law; (2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law; and (3) The record must contain the information formatted in the manner specified in the other law. (c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. (d) The requirements of this section may not be varied by agreement, but: (1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail, postage prepaid or by regular United States mail, may be varied by agreement to the extent permitted by the other law. Acts 2001, ch. 72, § 8.
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply: (1) The record must be posted or displayed in the manner specified in the other law; (2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law; and (3) The record must contain the information formatted in the manner specified in the other law.
(1) The record must be posted or displayed in the manner specified in the other law;
(2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law; and
(3) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but: (1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail, postage prepaid or by regular United States mail, may be varied by agreement to the extent permitted by the other law.
(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail, postage prepaid or by regular United States mail, may be varied by agreement to the extent permitted by the other law.
Acts 2001, ch. 72, § 8.
Tenn. Code Ann. § 47-2a-215 — TN Code / Title 47 / Chapter 2a / Section 47-2a-215
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-215 - Cumulation and conflict of warranties express or implied
Status: in_force

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply: (a) Exact or technical specifications displace an inconsistent sample or model or general language of description. (b) A sample from an existing bulk displaces inconsistent general language of description. (c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. Acts 1993, ch. 398, § 1.
Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-2-103 — TN Code / Title 47 / Chapter 2 / Section 47-2-103
Definitions and index of definitions
Status: in_force

(1) In this chapter unless the context otherwise requires: (a) "Buyer" means a person who buys or contracts to buy goods. (b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. (c) "Receipt" of goods means taking physical possession of them. (d) "Seller" means a person who sells or contracts to sell goods. (2) Other definitions applying to this chapter or to specified parts thereof, and the sections in which they appear are: "Acceptance." § 47-2-606 . "Banker's credit." § 47-2-325 . "Between merchants." § 47-2-104 . "Cancellation." § 47-2-106(4) . "Commercial unit." § 47-2-105 . "Confirmed credit." § 47-2-325 . "Conforming to contract." § 47-2-106 . "Contract for sale." § 47-2-106 . "Cover." § 47-2-712 . "Entrusting." § 47-2-403 . "Financing agency." § 47-2-104 . "Future goods." § 47-2-105 . "Goods." § 47-2-105 . "Identification." § 47-2-501 . "Installment contract." § 47-2-612 . "Letter of credit." § 47-2-325 . "Lot." § 47-2-105 . "Merchant." § 47-2-104 . "Overseas." § 47-2-323 . "Person in position of seller." § 47-2-707 . "Present sale." § 47-2-106 . "Sale." § 47-2-106 . "Sale on approval." § 47-2-326 . "Sale or return." § 47-2-326 . "Termination." § 47-2-106 . (3) "Control" as provided in § 47-7-106 and the following definitions in other chapters apply to this chapter: "Check." § 47-3-104 . "Consignee." § 47-7-102 . "Consignor." § 47-7-102 . "Consumer goods." § 47-9-102 . "Dishonor." § 47-3-502 . "Draft." § 47-3-104 . (4) In addition chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter. Acts 1963, ch. 81, § 1 (2-103); Acts 2000, ch. 846, § 4; 2008 , ch. 814, § 3.
(1) In this chapter unless the context otherwise requires: (a) "Buyer" means a person who buys or contracts to buy goods. (b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. (c) "Receipt" of goods means taking physical possession of them. (d) "Seller" means a person who sells or contracts to sell goods.
(a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
(c) "Receipt" of goods means taking physical possession of them.
(d) "Seller" means a person who sells or contracts to sell goods.
(2) Other definitions applying to this chapter or to specified parts thereof, and the sections in which they appear are: "Acceptance." § 47-2-606 . "Banker's credit." § 47-2-325 . "Between merchants." § 47-2-104 . "Cancellation." § 47-2-106(4) . "Commercial unit." § 47-2-105 . "Confirmed credit." § 47-2-325 . "Conforming to contract." § 47-2-106 . "Contract for sale." § 47-2-106 . "Cover." § 47-2-712 . "Entrusting." § 47-2-403 . "Financing agency." § 47-2-104 . "Future goods." § 47-2-105 . "Goods." § 47-2-105 . "Identification." § 47-2-501 . "Installment contract." § 47-2-612 . "Letter of credit." § 47-2-325 . "Lot." § 47-2-105 . "Merchant." § 47-2-104 . "Overseas." § 47-2-323 . "Person in position of seller." § 47-2-707 . "Present sale." § 47-2-106 . "Sale." § 47-2-106 . "Sale on approval." § 47-2-326 . "Sale or return." § 47-2-326 . "Termination." § 47-2-106 .
"Acceptance." § 47-2-606 .
"Banker's credit." § 47-2-325 .
"Between merchants." § 47-2-104 .
"Cancellation." § 47-2-106(4) .
"Commercial unit." § 47-2-105 .
"Confirmed credit." § 47-2-325 .
"Conforming to contract." § 47-2-106 .
"Contract for sale." § 47-2-106 .
"Cover." § 47-2-712 .
"Entrusting." § 47-2-403 .
"Financing agency." § 47-2-104 .
"Future goods." § 47-2-105 .
"Goods." § 47-2-105 .
"Identification." § 47-2-501 .
"Installment contract." § 47-2-612 .
"Letter of credit." § 47-2-325 .
"Lot." § 47-2-105 .
"Merchant." § 47-2-104 .
"Overseas." § 47-2-323 .
"Person in position of seller." § 47-2-707 .
"Present sale." § 47-2-106 .
"Sale." § 47-2-106 .
"Sale on approval." § 47-2-326 .
"Sale or return." § 47-2-326 .
"Termination." § 47-2-106 .
(3) "Control" as provided in § 47-7-106 and the following definitions in other chapters apply to this chapter: "Check." § 47-3-104 . "Consignee." § 47-7-102 . "Consignor." § 47-7-102 . "Consumer goods." § 47-9-102 . "Dishonor." § 47-3-502 . "Draft." § 47-3-104 .
"Check." § 47-3-104 .
"Consignee." § 47-7-102 .
"Consignor." § 47-7-102 .
"Consumer goods." § 47-9-102 .
"Dishonor." § 47-3-502 .
"Draft." § 47-3-104 .
(4) In addition chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter.
Acts 1963, ch. 81, § 1 (2-103); Acts 2000, ch. 846, § 4; 2008 , ch. 814, § 3.
Tenn. Code Ann. § 47-25-1503 — TN Code / Title 47 / Chapter 25 / Section 47-25-1503
Termination of franchises
Status: in_force

(a) Except as otherwise provided by this part, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause asserted in good faith, nor may a franchisor terminate a franchise prior to the expiration of its term without providing written notice of the facts and circumstances establishing good cause, and giving the franchisee a reasonable opportunity of at least thirty (30) days to cure the alleged failure. (b) Any franchisor who fails to provide services or products to a franchisee located within this state, which services or products are material to the operation of the franchise, on the same terms, conditions and availability as any other franchisee in this state shall be deemed to have terminated such franchise. Acts 1989, ch. 392, § 3.
(a) Except as otherwise provided by this part, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause asserted in good faith, nor may a franchisor terminate a franchise prior to the expiration of its term without providing written notice of the facts and circumstances establishing good cause, and giving the franchisee a reasonable opportunity of at least thirty (30) days to cure the alleged failure.
(b) Any franchisor who fails to provide services or products to a franchisee located within this state, which services or products are material to the operation of the franchise, on the same terms, conditions and availability as any other franchisee in this state shall be deemed to have terminated such franchise.
Acts 1989, ch. 392, § 3.
Tenn. Code Ann. § 47-8-107 — TN Code / Title 47 / Chapter 8 / Section 47-8-107
Whether endorsement, instruction, or entitlement order is effective
Status: in_force

(a) "Appropriate person" means: (1) with respect to an endorsement, the person specified by a security certificate or by an effective special endorsement to be entitled to the security; (2) with respect to an instruction, the registered owner of an uncertificated security; (3) with respect to an entitlement order, the entitlement holder; (4) if the person designated in paragraph (1), (2), or (3) is deceased, the designated person's successor taking under other law or the designated person's personal representative acting for the estate of the decedent; or (5) if the person designated in paragraph (1), (2), or (3) lacks capacity, the designated person's guardian, conservator, or other similar representative who has power under other law to transfer the security or financial asset. (b) An endorsement, instruction, or entitlement order is effective if: (1) it is made by the appropriate person; (2) it is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under § 47-8-106(c)(2) or (d)(2) ; or (3) the appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness. (c) An endorsement, instruction, or entitlement order made by a representative is effective even if: (1) the representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or (2) the representative's action in making the endorsement, instruction, or entitlement order or using the proceeds of the transaction is otherwise a breach of duty. (d) If a security is registered in the name of or specially endorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an endorsement, instruction, or entitlement order made by the person is effective even though the person is no longer serving in the described capacity. (e) Effectiveness of an endorsement, instruction, or entitlement order is determined as of the date the endorsement, instruction, or entitlement order is made, and an endorsement, instruction, or entitlement order does not become ineffective by reason of any later change of circumstances. Acts 1997, ch. 79, § 1.
(a) "Appropriate person" means: (1) with respect to an endorsement, the person specified by a security certificate or by an effective special endorsement to be entitled to the security; (2) with respect to an instruction, the registered owner of an uncertificated security; (3) with respect to an entitlement order, the entitlement holder; (4) if the person designated in paragraph (1), (2), or (3) is deceased, the designated person's successor taking under other law or the designated person's personal representative acting for the estate of the decedent; or (5) if the person designated in paragraph (1), (2), or (3) lacks capacity, the designated person's guardian, conservator, or other similar representative who has power under other law to transfer the security or financial asset.
(1) with respect to an endorsement, the person specified by a security certificate or by an effective special endorsement to be entitled to the security;
(2) with respect to an instruction, the registered owner of an uncertificated security;
(3) with respect to an entitlement order, the entitlement holder;
(4) if the person designated in paragraph (1), (2), or (3) is deceased, the designated person's successor taking under other law or the designated person's personal representative acting for the estate of the decedent; or
(5) if the person designated in paragraph (1), (2), or (3) lacks capacity, the designated person's guardian, conservator, or other similar representative who has power under other law to transfer the security or financial asset.
(b) An endorsement, instruction, or entitlement order is effective if: (1) it is made by the appropriate person; (2) it is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under § 47-8-106(c)(2) or (d)(2) ; or (3) the appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness.
(1) it is made by the appropriate person;
(2) it is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under § 47-8-106(c)(2) or (d)(2) ; or
(3) the appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness.
(c) An endorsement, instruction, or entitlement order made by a representative is effective even if: (1) the representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or (2) the representative's action in making the endorsement, instruction, or entitlement order or using the proceeds of the transaction is otherwise a breach of duty.
(1) the representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or
(2) the representative's action in making the endorsement, instruction, or entitlement order or using the proceeds of the transaction is otherwise a breach of duty.
(d) If a security is registered in the name of or specially endorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an endorsement, instruction, or entitlement order made by the person is effective even though the person is no longer serving in the described capacity.
(e) Effectiveness of an endorsement, instruction, or entitlement order is determined as of the date the endorsement, instruction, or entitlement order is made, and an endorsement, instruction, or entitlement order does not become ineffective by reason of any later change of circumstances.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-8-112 — TN Code / Title 47 / Chapter 8 / Section 47-8-112
Creditor's legal process
Status: in_force

(a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer. (b) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d). (c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor's securities account is maintained, except as otherwise provided in subsection (d). (d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party. (e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process. Acts 1997, ch. 79, § 1.
(a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.
(b) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d).
(c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor's securities account is maintained, except as otherwise provided in subsection (d).
(d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party.
(e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-26-1105 — TN Code / Title 47 / Chapter 26 / Section 47-26-1105
Certificate of registration
Status: in_force

(a) The commissioner will review and check the qualifications of each applicant. The commissioner shall issue to the applicant a certificate of registration, including an assigned registration number if it is determined that the applicant is qualified. The certificate of registration will expire twenty-four (24) months from the date of issuance. (b) The commissioner has the authority to designate specific classifications of registration of servicepersons and service agencies in accordance with the type, capacity, etc. of commercial weighing and measuring devices which are to be installed, serviced, repaired, or reconditioned in this state. (c) For the benefit of the users, manufacturers, and distributors of commercial weighing and measuring devices, it shall be the policy of the commissioner to accept registration of: (1) An individual; and (2) An agency providing acceptable evidence that such individual or agency is fully qualified by training or experience to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and has possession of or available for use, and will use calibrated weights and measures standards and testing equipment appropriate in design and adequate in amount. (d) The commissioner shall check the qualifications of each applicant to ensure that each applicant has available sufficient standards and equipment. (e) It shall also be the policy of the department to issue to qualified applicants, whose applications for registration are approved, a "Certificate of Registration." This gives authority to remove rejection seals and tags placed on commercial and law enforcement weighing and measuring devices by authorized weights and measures officials, to place in service repaired devices that were rejected, to place in service devices that have been newly installed, and to provide service on commercial weighing and measuring devices. (f) The commissioner is NOT guaranteeing the work or fair dealing of a registered serviceperson or service agency. The commissioner may, however, remove from the registration list any registered serviceperson or service agency that performs unsatisfactory work or takes unfair advantage of a device owner. (g) Registration with the commissioner shall be mandatory. The commissioner shall reserve the right to limit or reject the application of any serviceperson or service agency and to revoke such serviceperson's or agency's permit. Acts 1997, ch. 311, § 3.
(a) The commissioner will review and check the qualifications of each applicant. The commissioner shall issue to the applicant a certificate of registration, including an assigned registration number if it is determined that the applicant is qualified. The certificate of registration will expire twenty-four (24) months from the date of issuance.
(b) The commissioner has the authority to designate specific classifications of registration of servicepersons and service agencies in accordance with the type, capacity, etc. of commercial weighing and measuring devices which are to be installed, serviced, repaired, or reconditioned in this state.
(c) For the benefit of the users, manufacturers, and distributors of commercial weighing and measuring devices, it shall be the policy of the commissioner to accept registration of: (1) An individual; and (2) An agency providing acceptable evidence that such individual or agency is fully qualified by training or experience to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and has possession of or available for use, and will use calibrated weights and measures standards and testing equipment appropriate in design and adequate in amount.
(1) An individual; and
(2) An agency providing acceptable evidence that such individual or agency is fully qualified by training or experience to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and has possession of or available for use, and will use calibrated weights and measures standards and testing equipment appropriate in design and adequate in amount.
(d) The commissioner shall check the qualifications of each applicant to ensure that each applicant has available sufficient standards and equipment.
(e) It shall also be the policy of the department to issue to qualified applicants, whose applications for registration are approved, a "Certificate of Registration." This gives authority to remove rejection seals and tags placed on commercial and law enforcement weighing and measuring devices by authorized weights and measures officials, to place in service repaired devices that were rejected, to place in service devices that have been newly installed, and to provide service on commercial weighing and measuring devices.
(f) The commissioner is NOT guaranteeing the work or fair dealing of a registered serviceperson or service agency. The commissioner may, however, remove from the registration list any registered serviceperson or service agency that performs unsatisfactory work or takes unfair advantage of a device owner.
(g) Registration with the commissioner shall be mandatory. The commissioner shall reserve the right to limit or reject the application of any serviceperson or service agency and to revoke such serviceperson's or agency's permit.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-2-718 — TN Code / Title 47 / Chapter 2 / Section 47-2-718
Liquidation or limitation of damages - Deposits
Status: in_force

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds: (a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or (b) in the absence of such terms, twenty percent (20%) of the value of the total performance for which the buyer is obligated under the contract or five hundred dollars ($500), whichever is smaller. (3) The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes: (a) a right to recover damages under the provisions of this chapter other than subsection (1), and (b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract. (4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in this chapter on resale by an aggrieved seller (§ 47-2-706 ). Acts 1963, ch. 81, § 1 (2-718).
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.
(2) Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds: (a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or (b) in the absence of such terms, twenty percent (20%) of the value of the total performance for which the buyer is obligated under the contract or five hundred dollars ($500), whichever is smaller.
(a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or
(b) in the absence of such terms, twenty percent (20%) of the value of the total performance for which the buyer is obligated under the contract or five hundred dollars ($500), whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes: (a) a right to recover damages under the provisions of this chapter other than subsection (1), and (b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.
(a) a right to recover damages under the provisions of this chapter other than subsection (1), and
(b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.
(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in this chapter on resale by an aggrieved seller (§ 47-2-706 ).
Acts 1963, ch. 81, § 1 (2-718).
Tenn. Code Ann. § 47-14-109 — TN Code / Title 47 / Chapter 14 / Section 47-14-109
When interest accrues
Status: in_force

(a) Interest on negotiable and nonnegotiable instruments shall accrue according to the terms of the instrument; otherwise, interest on the instrument shall accrue as provided in § 47-3-112 . (b) Liquidated and settled accounts, signed by the debtor, shall bear interest from the time they become due, unless it is expressed that interest is not to accrue until a specific time therein mentioned. (c) In all other cases, the time from which interest is to be computed shall be the day when the debt is payable, unless another day be fixed in the contract itself. Acts 1979, ch. 203, § 8.
(a) Interest on negotiable and nonnegotiable instruments shall accrue according to the terms of the instrument; otherwise, interest on the instrument shall accrue as provided in § 47-3-112 .
(b) Liquidated and settled accounts, signed by the debtor, shall bear interest from the time they become due, unless it is expressed that interest is not to accrue until a specific time therein mentioned.
(c) In all other cases, the time from which interest is to be computed shall be the day when the debt is payable, unless another day be fixed in the contract itself.
Acts 1979, ch. 203, § 8.
Tenn. Code Ann. § 47-18-3104 — TN Code / Title 47 / Chapter 18 / Section 47-18-3104
Civil action - Recovery of costs and expenses - Mediation
Status: in_force

(a) A consumer may bring a civil action to enforce this part in a court of competent jurisdiction. A consumer must bring a legal action under this section within two (2) years after the date the consumer first reports a nonconformity to a manufacturer, an agent of a manufacturer, or an authorized dealer. (b) This part does not limit the rights or remedies available to a consumer under any other applicable law. (c) If a consumer prevails in a legal proceeding under this part, then the consumer may recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney's fees, based on: (1) Actual time expended by an attorney; and (2) Charges reasonably incurred by the consumer in connection with the commencement and prosecution of an action under this section as determined by a court. (d) Before filing a legal action to enforce this part in a court of competent jurisdiction, the consumer and the manufacturer, distributor, or authorized dealer may, upon mutual agreement and in good faith, attempt to resolve any issue or claim in dispute through the use of an impartial third-party mediator. Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
(a) A consumer may bring a civil action to enforce this part in a court of competent jurisdiction. A consumer must bring a legal action under this section within two (2) years after the date the consumer first reports a nonconformity to a manufacturer, an agent of a manufacturer, or an authorized dealer.
(b) This part does not limit the rights or remedies available to a consumer under any other applicable law.
(c) If a consumer prevails in a legal proceeding under this part, then the consumer may recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney's fees, based on: (1) Actual time expended by an attorney; and (2) Charges reasonably incurred by the consumer in connection with the commencement and prosecution of an action under this section as determined by a court.
(1) Actual time expended by an attorney; and
(2) Charges reasonably incurred by the consumer in connection with the commencement and prosecution of an action under this section as determined by a court.
(d) Before filing a legal action to enforce this part in a court of competent jurisdiction, the consumer and the manufacturer, distributor, or authorized dealer may, upon mutual agreement and in good faith, attempt to resolve any issue or claim in dispute through the use of an impartial third-party mediator.
Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 47-18-3313 — TN Code / Title 47 / Chapter 18 / Section 47-18-3313
[Effective 7/1/2025] Enforcement - Civil penalty - Expenses
Status: in_force

(a) The attorney general and reporter has exclusive authority to enforce this part. (b) The attorney general and reporter may develop reasonable cause to believe that a controller or processor is in violation of this part, based on the attorney general and reporter's own inquiry or on consumer or public complaints. Prior to initiating an action under this part, the attorney general and reporter shall provide a controller or processor sixty-days' written notice identifying the specific provisions of this part the attorney general and reporter alleges have been or are being violated. If within the sixty-day period, the controller or processor cures the noticed violation and provides the attorney general and reporter an express written statement that the alleged violations have been cured and that no such further violations shall occur, then the attorney general and reporter shall not initiate an action against the controller or processor. (c) If a controller or processor continues to violate this part following the cure period in subsection (b) or breaches an express written statement provided to the attorney general and reporter under subsection (b), then the attorney general and reporter may bring an action in a court of competent jurisdiction seeking any of the following relief: (1) Declaratory judgment that the act or practice violates this chapter; (2) Injunctive relief, including preliminary and permanent injunctions, to prevent an additional violation of and compel compliance with this part; (3) Civil penalties, as described in subsection (d); (4) Reasonable attorney's fees and investigative costs; or (5) Other relief the court determines appropriate. (d) (1) A court may impose a civil penalty of up to seven thousand five hundred dollars ($7,500) for each violation of this part. (2) If the court finds the controller or processor willfully or knowingly violated this part, then the court may, in its discretion, award treble damages. (e) A violation of this part shall not serve as the basis for, or be subject to, a private right of action, including a class action lawsuit, under this part or other law. (f) The attorney general and reporter may recover reasonable expenses incurred in investigating and preparing a case, including attorney fees, in an action initiated under this part. Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
(a) The attorney general and reporter has exclusive authority to enforce this part.
(b) The attorney general and reporter may develop reasonable cause to believe that a controller or processor is in violation of this part, based on the attorney general and reporter's own inquiry or on consumer or public complaints. Prior to initiating an action under this part, the attorney general and reporter shall provide a controller or processor sixty-days' written notice identifying the specific provisions of this part the attorney general and reporter alleges have been or are being violated. If within the sixty-day period, the controller or processor cures the noticed violation and provides the attorney general and reporter an express written statement that the alleged violations have been cured and that no such further violations shall occur, then the attorney general and reporter shall not initiate an action against the controller or processor.
(c) If a controller or processor continues to violate this part following the cure period in subsection (b) or breaches an express written statement provided to the attorney general and reporter under subsection (b), then the attorney general and reporter may bring an action in a court of competent jurisdiction seeking any of the following relief: (1) Declaratory judgment that the act or practice violates this chapter; (2) Injunctive relief, including preliminary and permanent injunctions, to prevent an additional violation of and compel compliance with this part; (3) Civil penalties, as described in subsection (d); (4) Reasonable attorney's fees and investigative costs; or (5) Other relief the court determines appropriate.
(1) Declaratory judgment that the act or practice violates this chapter;
(2) Injunctive relief, including preliminary and permanent injunctions, to prevent an additional violation of and compel compliance with this part;
(3) Civil penalties, as described in subsection (d);
(4) Reasonable attorney's fees and investigative costs; or
(5) Other relief the court determines appropriate.
(d) (1) A court may impose a civil penalty of up to seven thousand five hundred dollars ($7,500) for each violation of this part. (2) If the court finds the controller or processor willfully or knowingly violated this part, then the court may, in its discretion, award treble damages.
(1) A court may impose a civil penalty of up to seven thousand five hundred dollars ($7,500) for each violation of this part.
(2) If the court finds the controller or processor willfully or knowingly violated this part, then the court may, in its discretion, award treble damages.
(e) A violation of this part shall not serve as the basis for, or be subject to, a private right of action, including a class action lawsuit, under this part or other law.
(f) The attorney general and reporter may recover reasonable expenses incurred in investigating and preparing a case, including attorney fees, in an action initiated under this part.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
Tenn. Code Ann. § 47-2-302 — TN Code / Title 47 / Chapter 2 / Section 47-2-302
Unconscionable contract or clause
Status: in_force

(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination. Acts 1963, ch. 81, § 1 (2-302).
(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.
Acts 1963, ch. 81, § 1 (2-302).
Tenn. Code Ann. § 47-2-710 — TN Code / Title 47 / Chapter 2 / Section 47-2-710
Seller's incidental damages
Status: in_force

Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach. Acts 1963, ch. 81, § 1 (2-710).
Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.
Acts 1963, ch. 81, § 1 (2-710).
Tenn. Code Ann. § 47-2-326 — TN Code / Title 47 / Chapter 2 / Section 47-2-326
Sale on approval and sale or return - Consignment sales and rights of creditors
Status: in_force

(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is: (a) a "sale on approval" if the goods are delivered primarily for use, and (b) a "sale or return" if the goods are delivered primarily for resale. (2) Goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession. (3) Any "or return" term of a contract for sale is to be treated as a separate contract for sale within the Statute of Frauds section of this chapter (§ 47-2-201 ) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (§ 47-2-202 ). Acts 1963, ch. 81, § 1 (2-326); 2000, ch. 846, § 6.
(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is: (a) a "sale on approval" if the goods are delivered primarily for use, and (b) a "sale or return" if the goods are delivered primarily for resale.
(a) a "sale on approval" if the goods are delivered primarily for use, and
(b) a "sale or return" if the goods are delivered primarily for resale.
(2) Goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession.
(3) Any "or return" term of a contract for sale is to be treated as a separate contract for sale within the Statute of Frauds section of this chapter (§ 47-2-201 ) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence (§ 47-2-202 ).
Acts 1963, ch. 81, § 1 (2-326); 2000, ch. 846, § 6.
Tenn. Code Ann. § 47-26-1020 — TN Code / Title 47 / Chapter 26 / Section 47-26-1020
Optional licensing
Status: in_force

The following persons shall be authorized, but are not required, to obtain licenses as public weighmasters: (1) A law enforcement or weights and measures official, or other qualified employee of a state, city, or county agency or institution when acting within the scope of such person's official duties. The commissioner shall be authorized, but is not required, to waive the registration fee for these individuals; (2) A person weighing property, produce, commodities, or article: (A) That such person or such person's employer is either buying or selling; or (B) In conformity with the requirements of federal statutes or the statutes of this state relative to warehousemen or processors. Acts 1997, ch. 311, § 2.
The following persons shall be authorized, but are not required, to obtain licenses as public weighmasters:
(1) A law enforcement or weights and measures official, or other qualified employee of a state, city, or county agency or institution when acting within the scope of such person's official duties. The commissioner shall be authorized, but is not required, to waive the registration fee for these individuals;
(2) A person weighing property, produce, commodities, or article: (A) That such person or such person's employer is either buying or selling; or (B) In conformity with the requirements of federal statutes or the statutes of this state relative to warehousemen or processors.
(A) That such person or such person's employer is either buying or selling; or
(B) In conformity with the requirements of federal statutes or the statutes of this state relative to warehousemen or processors.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-25-621 — TN Code / Title 47 / Chapter 25 / Section 47-25-621
Creation of franchise - Franchisor's duty of disclosure
Status: in_force

A franchisor shall disclose in writing to any prospective franchisee, upon request of franchisee, the following information, before any agreement is concluded: (1) The gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period during which the location has been supplied by the supplier, whichever is shorter; (2) Projections of gallonage consumption, if any, which were used by the franchisor in making a decision to invest in the location under negotiation; (3) The name and last known address of the previous dealers for the last three (3) years, or for the entire period during which the location has been supplied by the supplier, whichever is shorter; (4) Any legally binding commitments for the sale, demolition, or other disposition of the location in effect prior to the termination date of the agreement; (5) The training programs, if any, and the specific goods and services the supplier will provide with or without cost to the dealer; (6) Full disclosure of any and all obligations which will be required of the dealer, including, but not limited to, any obligation to exclusively deal in any of the products of the supplier, its subsidiaries, or any other company or any advertising and promotional items that the dealer must accept; and (7) Full disclosure of all restrictions on the sale, transfer, renewal, and termination of the agreement. Acts 1977, ch. 422, § 2(A); T.C.A., § 69-721.
A franchisor shall disclose in writing to any prospective franchisee, upon request of franchisee, the following information, before any agreement is concluded:
(1) The gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period during which the location has been supplied by the supplier, whichever is shorter;
(2) Projections of gallonage consumption, if any, which were used by the franchisor in making a decision to invest in the location under negotiation;
(3) The name and last known address of the previous dealers for the last three (3) years, or for the entire period during which the location has been supplied by the supplier, whichever is shorter;
(4) Any legally binding commitments for the sale, demolition, or other disposition of the location in effect prior to the termination date of the agreement;
(5) The training programs, if any, and the specific goods and services the supplier will provide with or without cost to the dealer;
(6) Full disclosure of any and all obligations which will be required of the dealer, including, but not limited to, any obligation to exclusively deal in any of the products of the supplier, its subsidiaries, or any other company or any advertising and promotional items that the dealer must accept; and
(7) Full disclosure of all restrictions on the sale, transfer, renewal, and termination of the agreement.
Acts 1977, ch. 422, § 2(A); T.C.A., § 69-721.
Tenn. Code Ann. § 47-18-3305 — TN Code / Title 47 / Chapter 18 / Section 47-18-3305
[Effective 7/1/2025] Data controller responsibilities - Transparency
Status: in_force

(a) A controller shall: (1) Limit the collection of personal information to what is adequate, relevant, and reasonably necessary in relation to the purposes for which the data is processed, as disclosed to the consumer; (2) Except as otherwise provided in this part, not process personal information for purposes that are beyond what is reasonably necessary to and compatible with the disclosed purposes for which the personal information is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent; (3) Establish, implement, and maintain reasonable administrative, technical, and physical data security practices, as described in § 47-18-3314 , to protect the confidentiality, integrity, and accessibility of personal information. The data security practices must be appropriate to the volume and nature of the personal information at issue; (4) Not be required to delete information that it maintains or uses as aggregate or de-identified data, provided that such data in the possession of the business is not linked to a specific consumer; (5) Not process personal information in violation of state and federal laws that prohibit unlawful discrimination against consumers. A controller shall not discriminate against a consumer for exercising the consumer rights contained in this part, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer. However, this subdivision (a)(5) does not require a controller to provide a product or service that requires the personal information of a consumer that the controller does not collect or maintain, or prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised the right to opt out pursuant to § 47-18-3304(a)(2)(F) or the offer is related to a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program; and (6) Not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of sensitive data concerning a known child, without processing the data in accordance with the federal Children's Online Privacy Protection Act ( 15 U.S.C. § 6501 et seq.) and its implementing regulations. (b) A provision of a contract or agreement that purports to waive or limit the consumer rights described in § 47-18-3304 is contrary to public policy and is void and unenforceable. (c) A controller shall provide a reasonably accessible, clear, and meaningful privacy notice that includes: (1) The categories of personal information processed by the controller; (2) The purpose for processing personal information; (3) How consumers may exercise their consumer rights pursuant to § 47-18-3304 , including how a consumer may appeal a controller's decision with regard to the consumer's request; (4) The categories of personal information that the controller sells to third parties, if any; and (5) The categories of third parties, if any, to whom the controller sells personal information. (d) If a controller sells personal information to third parties or processes personal information for targeted advertising, then the controller shall clearly and conspicuously disclose the processing, as well as the manner in which a consumer may exercise the right to opt out of the processing. (e) (1) A controller shall provide, and shall describe in a privacy notice, one (1) or more secure and reliable means for a consumer to submit a request to exercise the consumer rights in § 47-18-3304 . Such means must take into account the: (A) Ways in which a consumer normally interacts with the controller; (B) Need for secure and reliable communication of such requests; and (C) Ability of a controller to authenticate the identity of the consumer making the request. (2) A controller shall not require a consumer to create a new account in order to exercise consumer rights in § 47-18-3304 , but may require a consumer to use an existing account. Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
(a) A controller shall: (1) Limit the collection of personal information to what is adequate, relevant, and reasonably necessary in relation to the purposes for which the data is processed, as disclosed to the consumer; (2) Except as otherwise provided in this part, not process personal information for purposes that are beyond what is reasonably necessary to and compatible with the disclosed purposes for which the personal information is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent; (3) Establish, implement, and maintain reasonable administrative, technical, and physical data security practices, as described in § 47-18-3314 , to protect the confidentiality, integrity, and accessibility of personal information. The data security practices must be appropriate to the volume and nature of the personal information at issue; (4) Not be required to delete information that it maintains or uses as aggregate or de-identified data, provided that such data in the possession of the business is not linked to a specific consumer; (5) Not process personal information in violation of state and federal laws that prohibit unlawful discrimination against consumers. A controller shall not discriminate against a consumer for exercising the consumer rights contained in this part, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer. However, this subdivision (a)(5) does not require a controller to provide a product or service that requires the personal information of a consumer that the controller does not collect or maintain, or prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised the right to opt out pursuant to § 47-18-3304(a)(2)(F) or the offer is related to a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program; and (6) Not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of sensitive data concerning a known child, without processing the data in accordance with the federal Children's Online Privacy Protection Act ( 15 U.S.C. § 6501 et seq.) and its implementing regulations.
(1) Limit the collection of personal information to what is adequate, relevant, and reasonably necessary in relation to the purposes for which the data is processed, as disclosed to the consumer;
(2) Except as otherwise provided in this part, not process personal information for purposes that are beyond what is reasonably necessary to and compatible with the disclosed purposes for which the personal information is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent;
(3) Establish, implement, and maintain reasonable administrative, technical, and physical data security practices, as described in § 47-18-3314 , to protect the confidentiality, integrity, and accessibility of personal information. The data security practices must be appropriate to the volume and nature of the personal information at issue;
(4) Not be required to delete information that it maintains or uses as aggregate or de-identified data, provided that such data in the possession of the business is not linked to a specific consumer;
(5) Not process personal information in violation of state and federal laws that prohibit unlawful discrimination against consumers. A controller shall not discriminate against a consumer for exercising the consumer rights contained in this part, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer. However, this subdivision (a)(5) does not require a controller to provide a product or service that requires the personal information of a consumer that the controller does not collect or maintain, or prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised the right to opt out pursuant to § 47-18-3304(a)(2)(F) or the offer is related to a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program; and
(6) Not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of sensitive data concerning a known child, without processing the data in accordance with the federal Children's Online Privacy Protection Act ( 15 U.S.C. § 6501 et seq.) and its implementing regulations.
(b) A provision of a contract or agreement that purports to waive or limit the consumer rights described in § 47-18-3304 is contrary to public policy and is void and unenforceable.
(c) A controller shall provide a reasonably accessible, clear, and meaningful privacy notice that includes: (1) The categories of personal information processed by the controller; (2) The purpose for processing personal information; (3) How consumers may exercise their consumer rights pursuant to § 47-18-3304 , including how a consumer may appeal a controller's decision with regard to the consumer's request; (4) The categories of personal information that the controller sells to third parties, if any; and (5) The categories of third parties, if any, to whom the controller sells personal information.
(1) The categories of personal information processed by the controller;
(2) The purpose for processing personal information;
(3) How consumers may exercise their consumer rights pursuant to § 47-18-3304 , including how a consumer may appeal a controller's decision with regard to the consumer's request;
(4) The categories of personal information that the controller sells to third parties, if any; and
(5) The categories of third parties, if any, to whom the controller sells personal information.
(d) If a controller sells personal information to third parties or processes personal information for targeted advertising, then the controller shall clearly and conspicuously disclose the processing, as well as the manner in which a consumer may exercise the right to opt out of the processing.
(e) (1) A controller shall provide, and shall describe in a privacy notice, one (1) or more secure and reliable means for a consumer to submit a request to exercise the consumer rights in § 47-18-3304 . Such means must take into account the: (A) Ways in which a consumer normally interacts with the controller; (B) Need for secure and reliable communication of such requests; and (C) Ability of a controller to authenticate the identity of the consumer making the request. (2) A controller shall not require a consumer to create a new account in order to exercise consumer rights in § 47-18-3304 , but may require a consumer to use an existing account.
(1) A controller shall provide, and shall describe in a privacy notice, one (1) or more secure and reliable means for a consumer to submit a request to exercise the consumer rights in § 47-18-3304 . Such means must take into account the: (A) Ways in which a consumer normally interacts with the controller; (B) Need for secure and reliable communication of such requests; and (C) Ability of a controller to authenticate the identity of the consumer making the request.
(A) Ways in which a consumer normally interacts with the controller;
(B) Need for secure and reliable communication of such requests; and
(C) Ability of a controller to authenticate the identity of the consumer making the request.
(2) A controller shall not require a consumer to create a new account in order to exercise consumer rights in § 47-18-3304 , but may require a consumer to use an existing account.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
Tenn. Code Ann. § 47-22-103 — TN Code / Title 47 / Chapter 22 / Section 47-22-103
Unauthorized use of credit card - Liability
Status: in_force

(a) Any person who has assumed liability for a credit card, either by authorizing its issuance, or as provided in § 47-22-102 , and who exercises reasonable care in its use and safekeeping, shall not be liable for the unauthorized use of such card. (b) (1) "Reasonable care" within the meaning of this section requires the person to whom a credit card has been issued to notify promptly the issuer in case of a card which has been lost or stolen. (2) However, failure to notify the issuer shall not result in the liability of more than one hundred dollars ($100) in the unauthorized use of the credit card. (c) Nothing in this chapter will relieve the card holder of liability if guilty of fraud, misrepresentation, gross negligence, or collusion. Acts 1970, ch. 486, § 3; T.C.A., § 47-15-117.
(a) Any person who has assumed liability for a credit card, either by authorizing its issuance, or as provided in § 47-22-102 , and who exercises reasonable care in its use and safekeeping, shall not be liable for the unauthorized use of such card.
(b) (1) "Reasonable care" within the meaning of this section requires the person to whom a credit card has been issued to notify promptly the issuer in case of a card which has been lost or stolen. (2) However, failure to notify the issuer shall not result in the liability of more than one hundred dollars ($100) in the unauthorized use of the credit card.
(1) "Reasonable care" within the meaning of this section requires the person to whom a credit card has been issued to notify promptly the issuer in case of a card which has been lost or stolen.
(2) However, failure to notify the issuer shall not result in the liability of more than one hundred dollars ($100) in the unauthorized use of the credit card.
(c) Nothing in this chapter will relieve the card holder of liability if guilty of fraud, misrepresentation, gross negligence, or collusion.
Acts 1970, ch. 486, § 3; T.C.A., § 47-15-117.
Tenn. Code Ann. § 47-4a-209 — TN Code / Title 47 / Chapter 4a / Section 47-4a-209
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 2 - ISSUE AND ACCEPTANCE OF PAYMENT ORDER (§§ 47-4A-201 — 47-4A-212) Section 47-4A-209 - Acceptance of payment order
Status: in_force

(a) Subject to subsection (d), a receiving bank other than the beneficiary's bank accepts a payment order when it executes the order. (b) Subject to subsections (c) and (d), a beneficiary's bank accepts a payment order at the earliest of the following times: (1) When the bank: (i) Pays the beneficiary as stated in § 47-4A-405(a) or § 47-4A-405(b) ; or (ii) Notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order, unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order; (2) When the bank receives payment of the entire amount of the sender's order pursuant to § 47-4A-403(a)(1) or § 47-4A-403(a)(2) ; or (3) The opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the sender's order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within: (i) One (1) hour after that time; or (ii) One (1) hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly. (c) Acceptance of a payment order cannot occur before the order is received by the receiving bank. Acceptance does not occur under subdivision (b)(2) or (3) if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiary's account. (d) A payment order issued to the originator's bank cannot be accepted until the payment date if the bank is the beneficiary's bank, or the execution date if the bank is not the beneficiary's bank. If the originator's bank executes the originator's payment order before the execution date or pays the beneficiary of the originator's payment order before the payment date and the payment order is subsequently cancelled pursuant to § 47-4A-211(b) , the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution. Acts 1991, ch. 52, § 1.
(a) Subject to subsection (d), a receiving bank other than the beneficiary's bank accepts a payment order when it executes the order.
(b) Subject to subsections (c) and (d), a beneficiary's bank accepts a payment order at the earliest of the following times: (1) When the bank: (i) Pays the beneficiary as stated in § 47-4A-405(a) or § 47-4A-405(b) ; or (ii) Notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order, unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order; (2) When the bank receives payment of the entire amount of the sender's order pursuant to § 47-4A-403(a)(1) or § 47-4A-403(a)(2) ; or (3) The opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the sender's order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within: (i) One (1) hour after that time; or (ii) One (1) hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.
(1) When the bank: (i) Pays the beneficiary as stated in § 47-4A-405(a) or § 47-4A-405(b) ; or (ii) Notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order, unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order;
(i) Pays the beneficiary as stated in § 47-4A-405(a) or § 47-4A-405(b) ; or
(ii) Notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order, unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order;
(2) When the bank receives payment of the entire amount of the sender's order pursuant to § 47-4A-403(a)(1) or § 47-4A-403(a)(2) ; or
(3) The opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the sender's order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within: (i) One (1) hour after that time; or (ii) One (1) hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.
(i) One (1) hour after that time; or
(ii) One (1) hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.
If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.
(c) Acceptance of a payment order cannot occur before the order is received by the receiving bank. Acceptance does not occur under subdivision (b)(2) or (3) if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiary's account.
(d) A payment order issued to the originator's bank cannot be accepted until the payment date if the bank is the beneficiary's bank, or the execution date if the bank is not the beneficiary's bank. If the originator's bank executes the originator's payment order before the execution date or pays the beneficiary of the originator's payment order before the payment date and the payment order is subsequently cancelled pursuant to § 47-4A-211(b) , the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution.
Acts 1991, ch. 52, § 1.