Tenn. Code Ann. § 47-25-1907 — TN Code / Title 47 / Chapter 25 / Section 47-25-1907
Title to repurchased inventory - Account adjustments
Status: in_force

Upon payment of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the dealer's reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or lender for any deficiency unless the dealer or the heirs of the dealer have been given at least seven (7) business days' notice by certified or registered United States mail, return receipt requested, of any proposed sale of the inventory financed and an opportunity to purchase the inventory. The former dealer or the heirs of the dealer shall be given quarterly status reports on any remaining outstanding recourse contracts. As the recourse contracts are reduced, any reserve account funds shall be returned to the dealer or the heirs of the dealer in direct proportion to the liabilities outstanding. Acts 2007, ch. 188, § 8.
Upon payment of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the dealer's reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or lender for any deficiency unless the dealer or the heirs of the dealer have been given at least seven (7) business days' notice by certified or registered United States mail, return receipt requested, of any proposed sale of the inventory financed and an opportunity to purchase the inventory. The former dealer or the heirs of the dealer shall be given quarterly status reports on any remaining outstanding recourse contracts. As the recourse contracts are reduced, any reserve account funds shall be returned to the dealer or the heirs of the dealer in direct proportion to the liabilities outstanding.
Acts 2007, ch. 188, § 8.
Tenn. Code Ann. § 47-14-112 — TN Code / Title 47 / Chapter 14 / Section 47-14-112
Usury a misdemeanor - Penalty
Status: in_force

The willful collection of usury is a Class A misdemeanor. Acts 1979, ch. 203, § 11; 1989, ch. 591, § 111.
The willful collection of usury is a Class A misdemeanor.
Acts 1979, ch. 203, § 11; 1989, ch. 591, § 111.
Tenn. Code Ann. § 47-18-1104 — TN Code / Title 47 / Chapter 18 / Section 47-18-1104
Enforcement of part - Civil penalties
Status: in_force

(a) The attorney general and reporter may, upon finding that any person is engaged in or about to engage in any act or practice that constitutes a pyramid promotional scheme in violation of this part, bring an action in the appropriate court of jurisdiction to enjoin such act or practice and to obtain other appropriate relief. Such court may grant a temporary restraining order, or a preliminary or permanent injunction, or other appropriate relief. (b) Upon a determination by a court that a violation of § 47-18-1102 has occurred, a court may impose by order and collect a civil penalty of not more than ten thousand dollars ($10,000) per violation per person. (c) The attorney general and reporter may bring actions in circuit court to recover penalties pursuant to this section. In determining the amount of the civil penalty, a court shall consider the magnitude of the offense, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and other matters as justice may require. (d) All penalties collected pursuant to this part shall be deposited in the general fund. Acts 2014, ch. 802, § 1.
(a) The attorney general and reporter may, upon finding that any person is engaged in or about to engage in any act or practice that constitutes a pyramid promotional scheme in violation of this part, bring an action in the appropriate court of jurisdiction to enjoin such act or practice and to obtain other appropriate relief. Such court may grant a temporary restraining order, or a preliminary or permanent injunction, or other appropriate relief.
(b) Upon a determination by a court that a violation of § 47-18-1102 has occurred, a court may impose by order and collect a civil penalty of not more than ten thousand dollars ($10,000) per violation per person.
(c) The attorney general and reporter may bring actions in circuit court to recover penalties pursuant to this section. In determining the amount of the civil penalty, a court shall consider the magnitude of the offense, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and other matters as justice may require.
(d) All penalties collected pursuant to this part shall be deposited in the general fund.
Acts 2014, ch. 802, § 1.
Tenn. Code Ann. § 47-18-2004 — TN Code / Title 47 / Chapter 18 / Section 47-18-2004
Purpose - Liberal construction
Status: in_force

(a) The purpose of this part is to prevent tobacco manufacturers or retailers from manufacturing, selling or distributing cigarettes in packs or containers containing fewer than twenty (20) cigarettes. This measure is designed to deter minors from smoking cigarettes. (b) This part shall be liberally construed to promote such purpose. Acts 1999, ch. 111, § 5.
(a) The purpose of this part is to prevent tobacco manufacturers or retailers from manufacturing, selling or distributing cigarettes in packs or containers containing fewer than twenty (20) cigarettes. This measure is designed to deter minors from smoking cigarettes.
(b) This part shall be liberally construed to promote such purpose.
Acts 1999, ch. 111, § 5.
Tenn. Code Ann. § 47-9-106 — TN Code / Title 47 / Chapter 9 / Section 47-9-106
Control of investment property
Status: in_force

(a) Control under 47-8-106 . A person has control of a certificated security, uncertificated security, or security entitlement as provided in § 47-8-106. (b) Control of commodity contract. A secured party has control of a commodity contract if: (1) the secured party is the commodity intermediary with which the commodity contract is carried; or (2) the commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer. (c) Effect of control of securities account or commodity account. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account. Acts 2000, ch. 846, § 1.
(a) Control under 47-8-106 . A person has control of a certificated security, uncertificated security, or security entitlement as provided in § 47-8-106.
(b) Control of commodity contract. A secured party has control of a commodity contract if: (1) the secured party is the commodity intermediary with which the commodity contract is carried; or (2) the commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.
(1) the secured party is the commodity intermediary with which the commodity contract is carried; or
(2) the commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.
(c) Effect of control of securities account or commodity account. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-25-2004 — TN Code / Title 47 / Chapter 25 / Section 47-25-2004
Contract provisions forbidding, limiting or restricting blending void
Status: in_force

Any contract or provision between a wholesaler and a refiner, supplier or permissive supplier executed or renewed on or after January 1, 2010, that forbids, limits or restricts a wholesaler's ability to blend petroleum products with ethanol or biodiesel shall be void as against public policy. Nothing in this section shall prohibit a franchisor or the holder of a trademark from selecting its own customers in bona fide transactions and not in restraint of trade, and from including in its contracts, franchise or licensing agreements those reasonable terms that allow the franchisor or licensor to require its franchisees or licensees to maintain the quality and integrity of the blended products produced under this part so long as the terms are consistent with the Tennessee Petroleum Trade Practices Act, compiled in part 6 of this chapter, the Federal Petroleum Marketing Practices Act, compiled in 15 U.S.C. § 2801 et seq. and § 47-25-2003 . Acts 2009, ch. 523, § 1.
Any contract or provision between a wholesaler and a refiner, supplier or permissive supplier executed or renewed on or after January 1, 2010, that forbids, limits or restricts a wholesaler's ability to blend petroleum products with ethanol or biodiesel shall be void as against public policy. Nothing in this section shall prohibit a franchisor or the holder of a trademark from selecting its own customers in bona fide transactions and not in restraint of trade, and from including in its contracts, franchise or licensing agreements those reasonable terms that allow the franchisor or licensor to require its franchisees or licensees to maintain the quality and integrity of the blended products produced under this part so long as the terms are consistent with the Tennessee Petroleum Trade Practices Act, compiled in part 6 of this chapter, the Federal Petroleum Marketing Practices Act, compiled in 15 U.S.C. § 2801 et seq. and § 47-25-2003 .
Acts 2009, ch. 523, § 1.
Tenn. Code Ann. § 47-25-1310 — TN Code / Title 47 / Chapter 25 / Section 47-25-1310
Security interests not affected - Exemption from bulk sales law - Inspection
Status: in_force

This part shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, and any repurchase hereunder shall not be subject to the bulk sales law. The retailer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items. Acts 1999, ch. 193, § 11.
This part shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, and any repurchase hereunder shall not be subject to the bulk sales law. The retailer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items.
Acts 1999, ch. 193, § 11.
Tenn. Code Ann. § 47-3-101 — TN Code / Title 47 / Chapter 3 / Section 47-3-101
Short title
Status: in_force

This chapter may be cited as Uniform Commercial Code - Negotiable Instruments. Acts 1995, ch. 397, § 2.
This chapter may be cited as Uniform Commercial Code - Negotiable Instruments.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-25-1803 — TN Code / Title 47 / Chapter 25 / Section 47-25-1803
Honoring warranty after termination of contract
Status: in_force

If, after termination of a contract, the retailer submits a claim to the supplier for warranty work performed prior to the effective date of the termination, the supplier shall accept or reject the claim within thirty (30) days of its receipt. Acts 2001, ch. 425, § 1.
If, after termination of a contract, the retailer submits a claim to the supplier for warranty work performed prior to the effective date of the termination, the supplier shall accept or reject the claim within thirty (30) days of its receipt.
Acts 2001, ch. 425, § 1.
Tenn. Code Ann. § 47-5-115 — TN Code / Title 47 / Chapter 5 / Section 47-5-115
Statute of limitations
Status: in_force

An action to enforce a right or obligation arising under this article must be commenced within one (1) year after the expiration date of the relevant letter of credit or one (1) year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. Acts 1998, ch. 675, § 1.
An action to enforce a right or obligation arising under this article must be commenced within one (1) year after the expiration date of the relevant letter of credit or one (1) year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-18-315 — TN Code / Title 47 / Chapter 18 / Section 47-18-315
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 858, s 13, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 339, s 19, eff. 7/1/2015. Acts 2001, ch. 126, § 2.
Repealed by 2016 Tenn. Acts, ch. 858, s 13, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 339, s 19, eff. 7/1/2015.
Acts 2001, ch. 126, § 2.
Tenn. Code Ann. § 47-18-1310 — TN Code / Title 47 / Chapter 18 / Section 47-18-1310
Report to governor and general assembly
Status: in_force

Each year, on or before September 15, the commissioner shall distribute to the governor and to the chairs of the transportation committee of the house of representatives and the transportation and safety committee of the senate a report entitled, "Annual Report on the Quality of Kerosene and Motor Fuel in Tennessee." The report shall summarize, for the preceding fiscal year, the activities of the department in performing the duties and responsibilities assigned by this part. The report shall identify: (1) The total number of inspections performed and samples collected by the department; (2) The total number of inspections performed and samples respectively collected from refiners, blenders, storage facilities, transporters, wholesalers, retailers and others; (3) The results of inspections and tests conducted, including the number and categories of violations as well as enforcement activities undertaken with respect to such violations; (4) The geographical distribution by county of violations; (5) The number and categories of consumer complaints, alleging violations of this part, received by the department; (6) A summary of investigations conducted in response to consumer complaints; (7) The costs of conducting the inspection and testing program; (8) Legislative recommendations for improving compliance with this part; (9) Other information that would be useful in evaluating the quality of kerosene and motor fuel in Tennessee; and (10) Other information that would be useful in evaluating programmatic effectiveness and efficiency. Amended by 2013 Tenn. Acts, ch. 236,s 92, eff. 4/19/2013. Acts 1989, ch. 397, § 10; 1995, ch. 189, § 1.
Each year, on or before September 15, the commissioner shall distribute to the governor and to the chairs of the transportation committee of the house of representatives and the transportation and safety committee of the senate a report entitled, "Annual Report on the Quality of Kerosene and Motor Fuel in Tennessee." The report shall summarize, for the preceding fiscal year, the activities of the department in performing the duties and responsibilities assigned by this part. The report shall identify:
(1) The total number of inspections performed and samples collected by the department;
(2) The total number of inspections performed and samples respectively collected from refiners, blenders, storage facilities, transporters, wholesalers, retailers and others;
(3) The results of inspections and tests conducted, including the number and categories of violations as well as enforcement activities undertaken with respect to such violations;
(4) The geographical distribution by county of violations;
(5) The number and categories of consumer complaints, alleging violations of this part, received by the department;
(6) A summary of investigations conducted in response to consumer complaints;
(7) The costs of conducting the inspection and testing program;
(8) Legislative recommendations for improving compliance with this part;
(9) Other information that would be useful in evaluating the quality of kerosene and motor fuel in Tennessee; and
(10) Other information that would be useful in evaluating programmatic effectiveness and efficiency.
Amended by 2013 Tenn. Acts, ch. 236,s 92, eff. 4/19/2013.
Acts 1989, ch. 397, § 10; 1995, ch. 189, § 1.
Tenn. Code Ann. § 47-9-703 — TN Code / Title 47 / Chapter 9 / Section 47-9-703
Security interest perfected before effective date
Status: in_force

(a) Continuing priority over lien creditor: perfection requirements satisfied. A security interest that is enforceable immediately before this act takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this act if, on July 1, 2001, the applicable requirements for enforceability and perfection under this act are satisfied without further action. (b) Continuing priority over lien creditor: perfection requirements not satisfied. Except as otherwise provided in § 47-9-705 , if, immediately before July 1, 2001, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this act are not satisfied on July 1, 2001, the security interest: (1) is a perfected security interest for one (1) year after this act takes effect; (2) remains enforceable thereafter only if the security interest becomes enforceable under § 47-9-203 before the year expires; and (3) remains perfected thereafter only if the applicable requirements for perfection under this act are satisfied before the year expires. Acts 2000, ch. 846, § 1.
(a) Continuing priority over lien creditor: perfection requirements satisfied. A security interest that is enforceable immediately before this act takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this act if, on July 1, 2001, the applicable requirements for enforceability and perfection under this act are satisfied without further action.
(b) Continuing priority over lien creditor: perfection requirements not satisfied. Except as otherwise provided in § 47-9-705 , if, immediately before July 1, 2001, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this act are not satisfied on July 1, 2001, the security interest: (1) is a perfected security interest for one (1) year after this act takes effect; (2) remains enforceable thereafter only if the security interest becomes enforceable under § 47-9-203 before the year expires; and (3) remains perfected thereafter only if the applicable requirements for perfection under this act are satisfied before the year expires.
(1) is a perfected security interest for one (1) year after this act takes effect;
(2) remains enforceable thereafter only if the security interest becomes enforceable under § 47-9-203 before the year expires; and
(3) remains perfected thereafter only if the applicable requirements for perfection under this act are satisfied before the year expires.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-115 — TN Code / Title 47 / Chapter 18 / Section 47-18-115
Construction
Status: in_force

This part, being deemed remedial legislation necessary for the protection of the consumers of the state of Tennessee and elsewhere, shall be construed to effectuate the purposes and intent. It is the intent of the general assembly that this part shall be interpreted and construed consistently with the interpretations given by the federal trade commission and the federal courts pursuant to § 5(A)(1) of the Federal Trade Commission Act, codified in 15 U.S.C. § 45(a)(1) . Acts 1977, ch. 438, § 16.
This part, being deemed remedial legislation necessary for the protection of the consumers of the state of Tennessee and elsewhere, shall be construed to effectuate the purposes and intent. It is the intent of the general assembly that this part shall be interpreted and construed consistently with the interpretations given by the federal trade commission and the federal courts pursuant to § 5(A)(1) of the Federal Trade Commission Act, codified in 15 U.S.C. § 45(a)(1) .
Acts 1977, ch. 438, § 16.
Tenn. Code Ann. § 47-25-203 — TN Code / Title 47 / Chapter 25 / Section 47-25-203
Legislative policy
Status: in_force

It is declared that advertising, offers to sell, or sales by retailers or wholesalers at less than cost, as defined in this part, with the intent or effect of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise injuring a competitor, impair and prevent fair competition, injure public welfare, and are unfair competition and contrary to public policy, where the result of such advertising, offers, or sales is to tend to deceive or mislead any purchaser or prospective purchaser or to substantially lessen competition or unreasonably restrain trade or to tend to create a monopoly in any line of commerce. It is further declared that such advertising, offers, or sales by any retailer or wholesaler with such intent or effect or result are in contravention of the policy of this part. Acts 1937, ch. 69, § 2; C. Supp. 1950, § 6770.8; T.C.A. (orig. ed.), § 69-303.
It is declared that advertising, offers to sell, or sales by retailers or wholesalers at less than cost, as defined in this part, with the intent or effect of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise injuring a competitor, impair and prevent fair competition, injure public welfare, and are unfair competition and contrary to public policy, where the result of such advertising, offers, or sales is to tend to deceive or mislead any purchaser or prospective purchaser or to substantially lessen competition or unreasonably restrain trade or to tend to create a monopoly in any line of commerce. It is further declared that such advertising, offers, or sales by any retailer or wholesaler with such intent or effect or result are in contravention of the policy of this part.
Acts 1937, ch. 69, § 2; C. Supp. 1950, § 6770.8; T.C.A. (orig. ed.), § 69-303.
Tenn. Code Ann. § 47-15-103 — TN Code / Title 47 / Chapter 15 / Section 47-15-103
Determination and publication of rates - Reliance thereon
Status: in_force

(a) (1) The rate set in § 47-15-102 shall be determined by the commissioner of financial institutions on or before the twentieth day of each month and shall be in effect during the following calendar month. (2) The commissioner, upon making such determination, shall promptly make an official announcement of such rate and shall publish such announcement in such manner as the commissioner may deem appropriate, thereafter causing the same to be published in the Tennessee Administrative Register. (3) Such rate shall remain in effect until the next official announcement and publication. (b) The determination by the commissioner as provided herein shall not be deemed a "rule" within the meaning of § 4-5-102 , and such action of the commissioner shall be exempt from the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) In contracting for interest pursuant to § 47-15-102 , any person shall be entitled to rely upon the formula rate thus announced or published by the commissioner. Acts 1979, ch. 208, § 3; T.C.A., § 47-14-203; Acts 1987, ch. 291, § 2.
(a) (1) The rate set in § 47-15-102 shall be determined by the commissioner of financial institutions on or before the twentieth day of each month and shall be in effect during the following calendar month. (2) The commissioner, upon making such determination, shall promptly make an official announcement of such rate and shall publish such announcement in such manner as the commissioner may deem appropriate, thereafter causing the same to be published in the Tennessee Administrative Register. (3) Such rate shall remain in effect until the next official announcement and publication.
(1) The rate set in § 47-15-102 shall be determined by the commissioner of financial institutions on or before the twentieth day of each month and shall be in effect during the following calendar month.
(2) The commissioner, upon making such determination, shall promptly make an official announcement of such rate and shall publish such announcement in such manner as the commissioner may deem appropriate, thereafter causing the same to be published in the Tennessee Administrative Register.
(3) Such rate shall remain in effect until the next official announcement and publication.
(b) The determination by the commissioner as provided herein shall not be deemed a "rule" within the meaning of § 4-5-102 , and such action of the commissioner shall be exempt from the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) In contracting for interest pursuant to § 47-15-102 , any person shall be entitled to rely upon the formula rate thus announced or published by the commissioner.
Acts 1979, ch. 208, § 3; T.C.A., § 47-14-203; Acts 1987, ch. 291, § 2.
Tenn. Code Ann. § 47-2-301 — TN Code / Title 47 / Chapter 2 / Section 47-2-301
General obligation of parties
Status: in_force

The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract. Acts 1963, ch. 81, § 1 (2-301).
The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
Acts 1963, ch. 81, § 1 (2-301).
Tenn. Code Ann. § 47-2-309 — TN Code / Title 47 / Chapter 2 / Section 47-2-309
Absence of specific time provisions - Notice of termination
Status: in_force

(1) The time for shipment or delivery or any other action under a contract if not provided in this chapter or agreed upon shall be a reasonable time. (2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party. (3) Termination of a contract by one (1) party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable. Acts 1963, ch. 81, § 1 (2-309).
(1) The time for shipment or delivery or any other action under a contract if not provided in this chapter or agreed upon shall be a reasonable time.
(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.
(3) Termination of a contract by one (1) party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.
Acts 1963, ch. 81, § 1 (2-309).
Tenn. Code Ann. § 47-26-1003 — TN Code / Title 47 / Chapter 26 / Section 47-26-1003
Enforcing officer - Rules and regulations
Status: in_force

The commissioner is authorized to enforce this part and may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by the commissioner, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1997, ch. 311, § 2.
The commissioner is authorized to enforce this part and may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by the commissioner, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-10-122 — TN Code / Title 47 / Chapter 10 / Section 47-10-122
Relationship to the federal E-Sign Act
Status: in_force

(a) Except as provided in subsection (b), this chapter is intended to supercede, to the fullest possible extent, § 101 of the Electronic Signatures in Global and National Commerce Act, United States Public Law 106-229, as permitted under § 102 of that act. (b) No provision of the Electronic Transaction Act, compiled in this chapter, shall be construed to limit, modify or supercede the requirements of § 101(c), (d) or (e), or to authorize the electronic delivery of any notice of the type described in § 103(b), which is codified in 15 U.S.C. § 7003 of the Electronic Signatures in Global and National Commerce Act. Acts 2001, ch. 72, § 22; 2003 , ch. 107, § 1.
(a) Except as provided in subsection (b), this chapter is intended to supercede, to the fullest possible extent, § 101 of the Electronic Signatures in Global and National Commerce Act, United States Public Law 106-229, as permitted under § 102 of that act.
(b) No provision of the Electronic Transaction Act, compiled in this chapter, shall be construed to limit, modify or supercede the requirements of § 101(c), (d) or (e), or to authorize the electronic delivery of any notice of the type described in § 103(b), which is codified in 15 U.S.C. § 7003 of the Electronic Signatures in Global and National Commerce Act.
Acts 2001, ch. 72, § 22; 2003 , ch. 107, § 1.
Tenn. Code Ann. § 47-25-510 — TN Code / Title 47 / Chapter 25 / Section 47-25-510
Classification
Status: in_force

The secretary shall by regulation establish a classification of goods and services for convenience of administration of this part, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used, indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States patent and trademark office. Acts 1982, ch. 698, § 10; T.C.A., §§ 69-538, 47-25-430, 47-25-509; Acts 2000, ch. 671, § 1.
The secretary shall by regulation establish a classification of goods and services for convenience of administration of this part, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used, indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States patent and trademark office.
Acts 1982, ch. 698, § 10; T.C.A., §§ 69-538, 47-25-430, 47-25-509; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-8-204 — TN Code / Title 47 / Chapter 8 / Section 47-8-204
Effect of issuer's restriction on transfer
Status: in_force

A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without knowledge of the restriction unless: (1) the security is certificated and the restriction is noted conspicuously on the security certificate; or (2) the security is uncertificated and the registered owner has been notified of the restriction. Acts 1997, ch. 79, § 1.
A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without knowledge of the restriction unless:
(1) the security is certificated and the restriction is noted conspicuously on the security certificate; or
(2) the security is uncertificated and the registered owner has been notified of the restriction.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-2-327 — TN Code / Title 47 / Chapter 2 / Section 47-2-327
Special incidents of sale on approval and sale or return
Status: in_force

(1) Under a sale on approval unless otherwise agreed: (a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and (b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and (c) after due notification of election to return, the return is at the seller's risk and expense but a merchant buyer must follow any reasonable instructions. (2) Under a sale or return unless otherwise agreed: (a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and (b) the return is at the buyer's risk and expense. Acts 1963, ch. 81, § 1 (2-327).
(1) Under a sale on approval unless otherwise agreed: (a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and (b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and (c) after due notification of election to return, the return is at the seller's risk and expense but a merchant buyer must follow any reasonable instructions.
(a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and
(b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and
(c) after due notification of election to return, the return is at the seller's risk and expense but a merchant buyer must follow any reasonable instructions.
(2) Under a sale or return unless otherwise agreed: (a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and (b) the return is at the buyer's risk and expense.
(a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and
(b) the return is at the buyer's risk and expense.
Acts 1963, ch. 81, § 1 (2-327).
Tenn. Code Ann. § 47-18-1306 — TN Code / Title 47 / Chapter 18 / Section 47-18-1306
Samples for testing - Testing of ethanol or methanol
Status: in_force

(a) Upon request of a field inspector, a person who conveys kerosene or motor fuel for consumption in Tennessee shall immediately provide the department, free of cost, samples of kerosene or motor fuel. Samples shall be pumped, pulled, drawn, or otherwise procured in the presence of the field inspector. (b) The department shall test the samples for compliance with the requirements of § 47-18-1304 . (c) The department may test ethanol or methanol, intended for blending with gasoline, separate from and prior to the time at which such ethanol or methanol is blended with gasoline. Acts 1989, ch. 397, § 6.
(a) Upon request of a field inspector, a person who conveys kerosene or motor fuel for consumption in Tennessee shall immediately provide the department, free of cost, samples of kerosene or motor fuel. Samples shall be pumped, pulled, drawn, or otherwise procured in the presence of the field inspector.
(b) The department shall test the samples for compliance with the requirements of § 47-18-1304 .
(c) The department may test ethanol or methanol, intended for blending with gasoline, separate from and prior to the time at which such ethanol or methanol is blended with gasoline.
Acts 1989, ch. 397, § 6.
Tenn. Code Ann. § 47-2a-516 — TN Code / Title 47 / Chapter 2a / Section 47-2a-516
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-516 - Effect of acceptance of goods - Notice of default - Burden of establishing default after acceptance - Notice of claim or litigation to person answerable over
Status: in_force

(1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this chapter or the lease agreement for nonconformity. (3) If a tender has been accepted: (a) within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified; (b) except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (§ 47-2A-211 ) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and (c) the burden is on the lessee to establish any default. (4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply: (a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two (2) litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound. (b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (§ 47-2A-211 ) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred. (5) Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (§ 47-2A-211 ). Acts 1993, ch. 398, § 1.
(1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.
(2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this chapter or the lease agreement for nonconformity.
(3) If a tender has been accepted: (a) within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified; (b) except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (§ 47-2A-211 ) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and (c) the burden is on the lessee to establish any default.
(a) within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;
(b) except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (§ 47-2A-211 ) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and
(c) the burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply: (a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two (2) litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound. (b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (§ 47-2A-211 ) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.
(a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two (2) litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound.
(b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (§ 47-2A-211 ) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.
(5) Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (§ 47-2A-211 ).
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-3-503 — TN Code / Title 47 / Chapter 3 / Section 47-3-503
Notice of dishonor
Status: in_force

(a) The obligation of an endorser stated in § 47-3-415(a) and the obligation of a drawer stated in § 47-3-414(d) may not be enforced unless (i) the endorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under § 47-3-504(b) . (b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor. (c) Subject to § 47-3-504(c) , with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within thirty (30) days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within thirty (30) days following the day on which dishonor occurs. Acts 1995, ch. 397, § 2.
(a) The obligation of an endorser stated in § 47-3-415(a) and the obligation of a drawer stated in § 47-3-414(d) may not be enforced unless (i) the endorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under § 47-3-504(b) .
(b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
(c) Subject to § 47-3-504(c) , with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within thirty (30) days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within thirty (30) days following the day on which dishonor occurs.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-5-106 — TN Code / Title 47 / Chapter 5 / Section 47-5-106
Issuance, amendment, cancellation, and duration
Status: in_force

(a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it so provides. (b) After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent. (c) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires one (1) year after its stated date of issuance or, if none is stated, after the date on which it is issued. (d) A letter of credit that states that it is perpetual expires five (5) years after its stated date of issuance, or if none is stated, after the date on which it is issued. Acts 1998, ch. 675, § 1.
(a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it so provides.
(b) After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent.
(c) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires one (1) year after its stated date of issuance or, if none is stated, after the date on which it is issued.
(d) A letter of credit that states that it is perpetual expires five (5) years after its stated date of issuance, or if none is stated, after the date on which it is issued.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-3-311 — TN Code / Title 47 / Chapter 3 / Section 47-3-311
Accord and satisfaction by use of instrument
Status: in_force

(a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply. (b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. (c) Subject to subsection (d), a claim is not discharged under subsection (b) if either of the following applies: (1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place. (2) The claimant, whether or not an organization, proves that within ninety (90) days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i). (d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim. Acts 1995, ch. 397, § 2.
(a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.
(b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
(c) Subject to subsection (d), a claim is not discharged under subsection (b) if either of the following applies: (1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place. (2) The claimant, whether or not an organization, proves that within ninety (90) days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i).
(1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.
(2) The claimant, whether or not an organization, proves that within ninety (90) days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i).
(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-122 — TN Code / Title 47 / Chapter 18 / Section 47-18-122
Applicability to violations of part 2
Status: in_force

For the purpose of application of this part, any violation of part 2 of this chapter shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by this part. Acts 1999, ch. 55, § 4.
For the purpose of application of this part, any violation of part 2 of this chapter shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by this part.
Acts 1999, ch. 55, § 4.
Tenn. Code Ann. § 47-18-613 — TN Code / Title 47 / Chapter 18 / Section 47-18-613
Liability - Good faith defenses
Status: in_force

(a) A lessor is not liable under § 47-18-612 for a violation of this part if the lessor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, even though the lessor maintained procedures reasonably adapted to avoid such an error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to requirements of this title is not a bona fide error. (b) A lessor is not liable under this part for any act done or omitted in good faith in conformity with any rule, regulation, or interpretation promulgated by the attorney general or by an official duly authorized by the attorney general. This rule applies even if, after the act or omission has occurred, the rule, regulation, or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. Amended by 2019 Tenn. Acts, ch. 459,s 26, eff. 9/30/2019. Acts 1987, ch. 225, § 14.
(a) A lessor is not liable under § 47-18-612 for a violation of this part if the lessor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, even though the lessor maintained procedures reasonably adapted to avoid such an error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to requirements of this title is not a bona fide error.
(b) A lessor is not liable under this part for any act done or omitted in good faith in conformity with any rule, regulation, or interpretation promulgated by the attorney general or by an official duly authorized by the attorney general. This rule applies even if, after the act or omission has occurred, the rule, regulation, or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Amended by 2019 Tenn. Acts, ch. 459,s 26, eff. 9/30/2019.
Acts 1987, ch. 225, § 14.
Tenn. Code Ann. § 47-4a-206 — TN Code / Title 47 / Chapter 4a / Section 47-4a-206
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-206 - Transmission of payment order through funds-transfer or other communication system
Status: in_force

(a) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by the system to the bank, the terms of the payment order of the sender are those transmitted by the system. This section does not apply to a funds-transfer system of the federal reserve banks. (b) This section applies to cancellations and amendments of payment orders to the same extent it applies to payment orders. Acts 1991, ch. 52, § 1.
(a) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by the system to the bank, the terms of the payment order of the sender are those transmitted by the system. This section does not apply to a funds-transfer system of the federal reserve banks.
(b) This section applies to cancellations and amendments of payment orders to the same extent it applies to payment orders.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-18-1904 — TN Code / Title 47 / Chapter 18 / Section 47-18-1904
Applicability to personal, family and household uses
Status: in_force

The remedies provided under this chapter with respect to a violation of this part shall be available with respect to goods or services purchased by an individual primarily for personal, family or household use or purposes. Acts 1997, ch. 276, § 6.
The remedies provided under this chapter with respect to a violation of this part shall be available with respect to goods or services purchased by an individual primarily for personal, family or household use or purposes.
Acts 1997, ch. 276, § 6.
Tenn. Code Ann. § 47-18-2003 — TN Code / Title 47 / Chapter 18 / Section 47-18-2003
Minimum package contents
Status: in_force

No tobacco product manufacturer or cigarette retailer may directly or indirectly, manufacture, sell or distribute in Tennessee any pack or other container of cigarettes containing fewer than twenty (20) cigarettes or, in the case of roll-your-own tobacco, any package of roll-your-own tobacco, containing less than zero point six zero (0.60) ounces of tobacco. Acts 1999, ch. 111, § 4.
No tobacco product manufacturer or cigarette retailer may directly or indirectly, manufacture, sell or distribute in Tennessee any pack or other container of cigarettes containing fewer than twenty (20) cigarettes or, in the case of roll-your-own tobacco, any package of roll-your-own tobacco, containing less than zero point six zero (0.60) ounces of tobacco.
Acts 1999, ch. 111, § 4.
Tenn. Code Ann. § 47-26-1116 — TN Code / Title 47 / Chapter 26 / Section 47-26-1116
Warning in lieu of criminal or civil penalties
Status: in_force

Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable oral or written notice or warning. Acts 1997, ch. 311, § 3.
Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable oral or written notice or warning.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-18-1102 — TN Code / Title 47 / Chapter 18 / Section 47-18-1102
Knowingly establishing, promoting, or operating pyramid promotional scheme - Offense
Status: in_force

(1) It is an offense for any person to knowingly establish, promote, or operate any pyramid promotional scheme in this state. (2) A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme nor is it a defense under this section. Acts 2014, ch. 802, § 1.
(1) It is an offense for any person to knowingly establish, promote, or operate any pyramid promotional scheme in this state.
(2) A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme nor is it a defense under this section.
Acts 2014, ch. 802, § 1.
Tenn. Code Ann. § 47-25-1103 — TN Code / Title 47 / Chapter 25 / Section 47-25-1103
Property right in use of name, photograph, likeness
Status: in_force

(a) Every individual has a property right in the use of that individual's name, photograph, voice, or likeness in any medium in any manner. (b) The individual rights provided for in subsection (a) constitute property rights and are freely assignable and licensable, and do not expire upon the death of the individual so protected, whether or not such rights were commercially exploited by the individual during the individual's lifetime, but shall be descendible to the executors, assigns, heirs, or devisees of the individual so protected by this part. Amended by 2024 Tenn. Acts, ch. 588,s 4, eff. 7/1/2024. Acts 1984, ch. 945, § 3.
(a) Every individual has a property right in the use of that individual's name, photograph, voice, or likeness in any medium in any manner.
(b) The individual rights provided for in subsection (a) constitute property rights and are freely assignable and licensable, and do not expire upon the death of the individual so protected, whether or not such rights were commercially exploited by the individual during the individual's lifetime, but shall be descendible to the executors, assigns, heirs, or devisees of the individual so protected by this part.
Amended by 2024 Tenn. Acts, ch. 588,s 4, eff. 7/1/2024.
Acts 1984, ch. 945, § 3.
Tenn. Code Ann. § 47-18-5507 — TN Code / Title 47 / Chapter 18 / Section 47-18-5507
Obligation to update information in application for registration
Status: in_force

An applicant or registered provider shall notify the administrator within ten (10) days after a change in the information specified in § 47-18-5505(b)(4) or (b)(6) or § 47-18-5506(1), (3), (6), (12) or (13) . Acts 2009, ch. 469, § 1.
An applicant or registered provider shall notify the administrator within ten (10) days after a change in the information specified in § 47-18-5505(b)(4) or (b)(6) or § 47-18-5506(1), (3), (6), (12) or (13) .
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-25-703 — TN Code / Title 47 / Chapter 25 / Section 47-25-703
Blind bidding
Status: in_force

(a) Blind bidding is hereby prohibited within Tennessee. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture before the motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture. (b) A distributor shall provide reasonable and uniform notice of the trade screening or availability for viewing within Tennessee of any motion picture to those exhibitors within Tennessee, from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit that motion picture. (c) Any purported waiver of the prohibition against blind bidding in this part shall be void and unenforceable. Acts 1979, ch. 119, § 4; T.C.A., § 69-803.
(a) Blind bidding is hereby prohibited within Tennessee. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture before the motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
(b) A distributor shall provide reasonable and uniform notice of the trade screening or availability for viewing within Tennessee of any motion picture to those exhibitors within Tennessee, from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit that motion picture.
(c) Any purported waiver of the prohibition against blind bidding in this part shall be void and unenforceable.
Acts 1979, ch. 119, § 4; T.C.A., § 69-803.
Tenn. Code Ann. § 47-5-103 — TN Code / Title 47 / Chapter 5 / Section 47-5-103
Scope
Status: in_force

(a) This article applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit. (b) The statement of a rule in this article does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this article. (c) With the exception of this subsection, subsections (a) and (d), §§ 47-5-102(a)(9) and (10) , 47-5-106(d) , and 47-5-114(d) , and except to the extent prohibited in §§ 47-1-302 and 47-5-117(d) , the effect of this article may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this article. (d) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary. Acts 1998, ch. 675, §1; 2008 , ch. 930, § 13.
(a) This article applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.
(b) The statement of a rule in this article does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this article.
(c) With the exception of this subsection, subsections (a) and (d), §§ 47-5-102(a)(9) and (10) , 47-5-106(d) , and 47-5-114(d) , and except to the extent prohibited in §§ 47-1-302 and 47-5-117(d) , the effect of this article may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this article.
(d) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.
Acts 1998, ch. 675, §1; 2008 , ch. 930, § 13.
Tenn. Code Ann. § 47-25-1911 — TN Code / Title 47 / Chapter 25 / Section 47-25-1911
Security interests not affected - Exemption from bulk sales law - Inspection
Status: in_force

This part shall not be construed to affect in any way any security interest that the supplier may have in the inventory of the dealer, and any repurchase under this part shall not be subject to the bulk sales law. The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items. Acts 2007, ch. 188, § 12.
This part shall not be construed to affect in any way any security interest that the supplier may have in the inventory of the dealer, and any repurchase under this part shall not be subject to the bulk sales law. The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items.
Acts 2007, ch. 188, § 12.
Tenn. Code Ann. § 47-50-110 — TN Code / Title 47 / Chapter 50 / Section 47-50-110
Printed contract forms - Certain extracted products
Status: in_force

(a) Every printed portion of the text of contract forms and papers attached thereto which are used for the purchase or lease of products to be extracted either from the earth or from beneath the earth shall be printed in a type style of common usage and in a type size of not less than ten (10) point so that both the contract forms and attached papers may be clearly legible. (b) Any printed contract form used after July 1, 1980, which violates this section shall be voidable at the option of the aggrieved party. (c) This section does not apply to contract forms printed and used by the state of Tennessee. Acts 1980, ch. 764, §§ 1-3; T.C.A., § 47-15-114.
(a) Every printed portion of the text of contract forms and papers attached thereto which are used for the purchase or lease of products to be extracted either from the earth or from beneath the earth shall be printed in a type style of common usage and in a type size of not less than ten (10) point so that both the contract forms and attached papers may be clearly legible.
(b) Any printed contract form used after July 1, 1980, which violates this section shall be voidable at the option of the aggrieved party.
(c) This section does not apply to contract forms printed and used by the state of Tennessee.
Acts 1980, ch. 764, §§ 1-3; T.C.A., § 47-15-114.
Tenn. Code Ann. § 47-4-501 — TN Code / Title 47 / Chapter 4 / Section 47-4-501
Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor
Status: in_force

A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right. Acts 1963, ch. 81, § 1 (4-501); 1995, ch. 397, § 3.
A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.
Acts 1963, ch. 81, § 1 (4-501); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-4-205 — TN Code / Title 47 / Chapter 4 / Section 47-4-205
Depositary bank holder of unendorsed item
Status: in_force

If a customer delivers an item to a depositary bank for collection: (1) the depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer endorses the item, and, if the bank satisfies the other requirements of § 47-3-302 , it is a holder in due course; and (2) the depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer's account. Acts 1963, ch. 81, § 1 (4-205); 1995, ch. 397, § 3.
If a customer delivers an item to a depositary bank for collection:
(1) the depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer endorses the item, and, if the bank satisfies the other requirements of § 47-3-302 , it is a holder in due course; and
(2) the depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer's account.
Acts 1963, ch. 81, § 1 (4-205); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-2a-204 — TN Code / Title 47 / Chapter 2a / Section 47-2a-204
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-204 - Formation in general
Status: in_force

(1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract. (2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined. (3) Although one (1) or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy. Acts 1993, ch. 398, § 1.
(1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.
(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.
(3) Although one (1) or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-25-604 — TN Code / Title 47 / Chapter 25 / Section 47-25-604
Termination of franchise agreement - Notice - Permissible causes
Status: in_force

(a) (1) Any vertically integrated producer engaged in a franchise agreement with a dealer shall give sixty (60) days' notice to such dealer prior to termination or nonrenewal of such franchise agreement. (2) Such notice shall state the date of issuance and termination and the cause for such termination. (3) The notice provided for in this section shall not be required in emergencies where franchise agreement termination is for cause and the notice requirement would place an unreasonable burden on the vertically integrated producer. (b) Permissible causes may include, but are not limited to: (1) Substantial breach of the franchise agreement by the dealer; (2) Occurrences rendering performance of the franchise agreement impossible, such as the death of either party or the destruction of the retail petroleum outlet premises; (3) Mutual agreement of the parties; and (4) Bankruptcy of either party. Acts 1975, ch. 232, § 1; T.C.A., § 69-704.
(a) (1) Any vertically integrated producer engaged in a franchise agreement with a dealer shall give sixty (60) days' notice to such dealer prior to termination or nonrenewal of such franchise agreement. (2) Such notice shall state the date of issuance and termination and the cause for such termination. (3) The notice provided for in this section shall not be required in emergencies where franchise agreement termination is for cause and the notice requirement would place an unreasonable burden on the vertically integrated producer.
(1) Any vertically integrated producer engaged in a franchise agreement with a dealer shall give sixty (60) days' notice to such dealer prior to termination or nonrenewal of such franchise agreement.
(2) Such notice shall state the date of issuance and termination and the cause for such termination.
(3) The notice provided for in this section shall not be required in emergencies where franchise agreement termination is for cause and the notice requirement would place an unreasonable burden on the vertically integrated producer.
(b) Permissible causes may include, but are not limited to: (1) Substantial breach of the franchise agreement by the dealer; (2) Occurrences rendering performance of the franchise agreement impossible, such as the death of either party or the destruction of the retail petroleum outlet premises; (3) Mutual agreement of the parties; and (4) Bankruptcy of either party.
(1) Substantial breach of the franchise agreement by the dealer;
(2) Occurrences rendering performance of the franchise agreement impossible, such as the death of either party or the destruction of the retail petroleum outlet premises;
(3) Mutual agreement of the parties; and
(4) Bankruptcy of either party.
Acts 1975, ch. 232, § 1; T.C.A., § 69-704.
Tenn. Code Ann. § 47-25-1607 — TN Code / Title 47 / Chapter 25 / Section 47-25-1607
Sale of food, drugs or cosmetics with past expiration date
Status: in_force

(a) No person shall knowingly sell or offer for sale at a wholesale/retail outlet any food manufactured and packaged for sale for consumption by a child under two (2) years of age, over-the counter drug or medication, or cosmetic which has an expiration date, and such date has expired. (b) Any person who violates this section commits a Class C misdemeanor, punishable by a fine only, not to exceed one hundred dollars ($100) for each violation. Acts 1998, ch. 884, § 4.
(a) No person shall knowingly sell or offer for sale at a wholesale/retail outlet any food manufactured and packaged for sale for consumption by a child under two (2) years of age, over-the counter drug or medication, or cosmetic which has an expiration date, and such date has expired.
(b) Any person who violates this section commits a Class C misdemeanor, punishable by a fine only, not to exceed one hundred dollars ($100) for each violation.
Acts 1998, ch. 884, § 4.
Tenn. Code Ann. § 47-4-105 — TN Code / Title 47 / Chapter 4 / Section 47-4-105
"Bank" - "Depositary bank"- "Payor bank" - "Intermediary bank" - "Collecting bank"- "Presenting bank."
Status: in_force

In this chapter: (1) "Bank" means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company. (2) "Depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter; (3) "Payor bank" means a bank that is the drawee of a draft; (4) "Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank; (5) "Collecting bank" means a bank handling an item for collection except the payor bank; (6) "Presenting bank" means a bank presenting an item except a payor bank. Acts 1963, ch. 81, § 1 (4-105); Acts 1995, ch. 397, § 3.
In this chapter:
(1) "Bank" means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company.
(2) "Depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter;
(3) "Payor bank" means a bank that is the drawee of a draft;
(4) "Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank;
(5) "Collecting bank" means a bank handling an item for collection except the payor bank;
(6) "Presenting bank" means a bank presenting an item except a payor bank.
Acts 1963, ch. 81, § 1 (4-105); Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-25-1001 — TN Code / Title 47 / Chapter 25 / Section 47-25-1001
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Consignment of Art Act." Acts 1984, ch. 838, § 1.
This part shall be known and may be cited as the "Tennessee Consignment of Art Act."
Acts 1984, ch. 838, § 1.
Tenn. Code Ann. § 47-25-105 — TN Code / Title 47 / Chapter 25 / Section 47-25-105
Construction
Status: in_force

Where necessary to consider the competitive effects of conduct or an agreement challenged under this part, a court shall consider exclusively the actual or reasonably likely effects of the challenged conduct or agreement on full and free competition. A full and free competitive process advances consumer welfare, which is served by competition on dimensions of price, quality, innovation, output, and consumer choice. This section does not confer standing on, or serve as proof of damages as to, any party. Amended by 2024 Tenn. Acts, ch. 776,s 4, eff. 4/23/2024. Acts 1891, ch. 218, § 3; Shan., § 3187; Code 1932, § 5884; T.C.A. (orig. ed.), § 69-105.
Where necessary to consider the competitive effects of conduct or an agreement challenged under this part, a court shall consider exclusively the actual or reasonably likely effects of the challenged conduct or agreement on full and free competition. A full and free competitive process advances consumer welfare, which is served by competition on dimensions of price, quality, innovation, output, and consumer choice. This section does not confer standing on, or serve as proof of damages as to, any party.
Amended by 2024 Tenn. Acts, ch. 776,s 4, eff. 4/23/2024.
Acts 1891, ch. 218, § 3; Shan., § 3187; Code 1932, § 5884; T.C.A. (orig. ed.), § 69-105.
Tenn. Code Ann. § 47-18-301 — TN Code / Title 47 / Chapter 18 / Section 47-18-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Buyer" means a purchaser under a health club agreement; (2) [Deleted by 2016 amendment.] (3) [Deleted by 2015 amendment.] (4) (A) "Health club" means any enterprise, however styled, which offers on a regular, full-time basis, and pursuant to a health club agreement, services or facilities for the development or preservation of physical fitness through exercise, weight control or athletics; (B) "Health club" does not include the following: (i) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate; (ii) Weight loss or control services which do not provide physical exercise services, facilities, or equipment; (iii) Any nonprofit health club that is exempt from taxation under § 67-6-330(a)(17) , or any nonprofit health club operated as part of a licensed nonprofit hospital exempt from taxation under § 67-5-212 ; or (iv) Any enterprise, however styled, primarily operating on a scheduled lesson or hourly basis for the purpose of teaching or enjoying physical skills, physical activities, or sports, such as gymnastics, yoga, dance, aerobics, directed high intensity interval training, or other similar activities even though such activities may involve the use of free weights or exercise machines; (5) (A) "Health club agreement" means an agreement whereby a buyer purchases, or is obligated to purchase, any right to use health club facilities or services; and such services or facilities are for personal, family, employee, or household use; and (B) "Health club agreement" does not include the following: (i) Any agreement for personal training services; or (ii) Any agreement for tangible products sold by the health club; (6) "Operator" means any person, firm, corporation, or business entity which operates a health club. Amended by 2016 Tenn. Acts, ch. 858, Secs.s 1, s 2 eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 339, s 11, eff. 7/1/2015. Acts 1984, ch. 630, § 1; 1989, ch. 460, §§ 14, 18; 1996, ch. 929, §§ 1, 2; 2001, ch. 126, § 1; 2005, ch. 95, § 1; 2008 , ch. 926, § 1.
As used in this part, unless the context otherwise requires:
(1) "Buyer" means a purchaser under a health club agreement;
(2) [Deleted by 2016 amendment.]
(3) [Deleted by 2015 amendment.]
(4) (A) "Health club" means any enterprise, however styled, which offers on a regular, full-time basis, and pursuant to a health club agreement, services or facilities for the development or preservation of physical fitness through exercise, weight control or athletics; (B) "Health club" does not include the following: (i) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate; (ii) Weight loss or control services which do not provide physical exercise services, facilities, or equipment; (iii) Any nonprofit health club that is exempt from taxation under § 67-6-330(a)(17) , or any nonprofit health club operated as part of a licensed nonprofit hospital exempt from taxation under § 67-5-212 ; or (iv) Any enterprise, however styled, primarily operating on a scheduled lesson or hourly basis for the purpose of teaching or enjoying physical skills, physical activities, or sports, such as gymnastics, yoga, dance, aerobics, directed high intensity interval training, or other similar activities even though such activities may involve the use of free weights or exercise machines;
(A) "Health club" means any enterprise, however styled, which offers on a regular, full-time basis, and pursuant to a health club agreement, services or facilities for the development or preservation of physical fitness through exercise, weight control or athletics;
(B) "Health club" does not include the following: (i) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate; (ii) Weight loss or control services which do not provide physical exercise services, facilities, or equipment; (iii) Any nonprofit health club that is exempt from taxation under § 67-6-330(a)(17) , or any nonprofit health club operated as part of a licensed nonprofit hospital exempt from taxation under § 67-5-212 ; or (iv) Any enterprise, however styled, primarily operating on a scheduled lesson or hourly basis for the purpose of teaching or enjoying physical skills, physical activities, or sports, such as gymnastics, yoga, dance, aerobics, directed high intensity interval training, or other similar activities even though such activities may involve the use of free weights or exercise machines;
(i) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate;
(ii) Weight loss or control services which do not provide physical exercise services, facilities, or equipment;
(iii) Any nonprofit health club that is exempt from taxation under § 67-6-330(a)(17) , or any nonprofit health club operated as part of a licensed nonprofit hospital exempt from taxation under § 67-5-212 ; or
(iv) Any enterprise, however styled, primarily operating on a scheduled lesson or hourly basis for the purpose of teaching or enjoying physical skills, physical activities, or sports, such as gymnastics, yoga, dance, aerobics, directed high intensity interval training, or other similar activities even though such activities may involve the use of free weights or exercise machines;
(5) (A) "Health club agreement" means an agreement whereby a buyer purchases, or is obligated to purchase, any right to use health club facilities or services; and such services or facilities are for personal, family, employee, or household use; and (B) "Health club agreement" does not include the following: (i) Any agreement for personal training services; or (ii) Any agreement for tangible products sold by the health club;
(A) "Health club agreement" means an agreement whereby a buyer purchases, or is obligated to purchase, any right to use health club facilities or services; and such services or facilities are for personal, family, employee, or household use; and
(B) "Health club agreement" does not include the following: (i) Any agreement for personal training services; or (ii) Any agreement for tangible products sold by the health club;
(i) Any agreement for personal training services; or
(ii) Any agreement for tangible products sold by the health club;
(6) "Operator" means any person, firm, corporation, or business entity which operates a health club.
Amended by 2016 Tenn. Acts, ch. 858, Secs.s 1, s 2 eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 339, s 11, eff. 7/1/2015.
Acts 1984, ch. 630, § 1; 1989, ch. 460, §§ 14, 18; 1996, ch. 929, §§ 1, 2; 2001, ch. 126, § 1; 2005, ch. 95, § 1; 2008 , ch. 926, § 1.
Tenn. Code Ann. § 47-2-102 — TN Code / Title 47 / Chapter 2 / Section 47-2-102
Scope - Certain security and other transactions excluded from this chapter
Status: in_force

Unless the context otherwise requires, this chapter applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this chapter impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers. Acts 1963, ch. 81, § 1 (2-102).
Unless the context otherwise requires, this chapter applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this chapter impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.
Acts 1963, ch. 81, § 1 (2-102).
Tenn. Code Ann. § 47-11-108 — TN Code / Title 47 / Chapter 11 / Section 47-11-108
Waiver of provisions unenforceable
Status: in_force

Any waiver by the retail buyer of any provisions of this chapter or of any remedies granted to the buyer by this chapter shall be unenforceable and void. Acts 1961, ch. 110, § 1; T.C.A., § 47-1908.
Any waiver by the retail buyer of any provisions of this chapter or of any remedies granted to the buyer by this chapter shall be unenforceable and void.
Acts 1961, ch. 110, § 1; T.C.A., § 47-1908.
Tenn. Code Ann. § 47-4-209 — TN Code / Title 47 / Chapter 4 / Section 47-4-209
Encoding and retention warranties
Status: in_force

(a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty. (b) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty. (c) A person to whom warranties are made under this section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach. Acts 1995, ch. 397, § 3.
(a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty.
(b) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty.
(c) A person to whom warranties are made under this section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach.
Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-9-802 — TN Code / Title 47 / Chapter 9 / Section 47-9-802
Savings clause
Status: in_force

(a) Pre-effective-date transactions or liens. Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect. (b) Pre-effective-date proceedings. This act does not affect an action, case, or proceeding commenced before this act takes effect. Acts 2012, ch. 708, § 20.
(a) Pre-effective-date transactions or liens. Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect.
(b) Pre-effective-date proceedings. This act does not affect an action, case, or proceeding commenced before this act takes effect.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-2a-504 — TN Code / Title 47 / Chapter 2a / Section 47-2a-504
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-504 - Liquidation of damages
Status: in_force

(1) Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission. (2) If the lease agreement provides for liquidation of damages, and such provision does not comply with subsection (1), or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this chapter. (3) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency (§ 47-2A-525 or § 47-2A-526 ), the lessee is entitled to restitution of any amount by which the sum of his or her payments exceeds: (a) the amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or (b) in the absence of those terms, twenty percent (20%) of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or five hundred dollars ($500). (4) A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor 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 lessee directly or indirectly by reason of the lease contract. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
(1) Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.
(2) If the lease agreement provides for liquidation of damages, and such provision does not comply with subsection (1), or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this chapter.
(3) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency (§ 47-2A-525 or § 47-2A-526 ), the lessee is entitled to restitution of any amount by which the sum of his or her payments exceeds: (a) the amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or (b) in the absence of those terms, twenty percent (20%) of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or five hundred dollars ($500).
(a) the amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or
(b) in the absence of those terms, twenty percent (20%) of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or five hundred dollars ($500).
(4) A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor 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 lessee directly or indirectly by reason of the lease 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 lessee directly or indirectly by reason of the lease contract.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-2a-205 — TN Code / Title 47 / Chapter 2a / Section 47-2a-205
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-205 - Firm offers
Status: in_force

An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three (3) months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror. Acts 1993, ch. 398, § 1.
An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three (3) months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-7-308 — TN Code / Title 47 / Chapter 7 / Section 47-7-308
Enforcement of carrier's lien
Status: in_force

(a) A carrier's lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The carrier sells goods in a commercially reasonable manner if the carrier sells the goods in the usual manner in any recognized market therefor, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence. (b) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold but must be retained by the carrier, subject to the terms of the bill of lading and this chapter. (c) A carrier may buy at any public sale pursuant to this section. (d) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against which the lien was valid, despite the carrier's noncompliance with this section. (e) A carrier may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the carrier would have been bound to deliver the goods. (f) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor. (g) A carrier's lien may be enforced pursuant to either subsection (a) or the procedure set forth in § 47-7-210(b) . (h) A carrier is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion. Acts 2008, ch. 814, § 1.
(a) A carrier's lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The carrier sells goods in a commercially reasonable manner if the carrier sells the goods in the usual manner in any recognized market therefor, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence.
(b) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold but must be retained by the carrier, subject to the terms of the bill of lading and this chapter.
(c) A carrier may buy at any public sale pursuant to this section.
(d) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against which the lien was valid, despite the carrier's noncompliance with this section.
(e) A carrier may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the carrier would have been bound to deliver the goods.
(f) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.
(g) A carrier's lien may be enforced pursuant to either subsection (a) or the procedure set forth in § 47-7-210(b) .
(h) A carrier is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-2-711 — TN Code / Title 47 / Chapter 2 / Section 47-2-711
Buyer's remedies in general - Buyer's security interest in rejected goods
Status: in_force

(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (§ 47-2-612 ), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid: (a) cover and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) recover damages for nondelivery as provided in this chapter (§ 47-2-713 ). (2) Where the seller fails to deliver or repudiates the buyer may also: (a) if the goods have been identified recover them as provided in this chapter (§ 47-2-502 ); or (b) in a proper case obtain specific performance or replevy the goods as provided in this chapter (§ 47-2-716 ). (3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (§ 47-2-706 ). Acts 1963, ch. 81, § 1 (2-711).
(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (§ 47-2-612 ), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid: (a) cover and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) recover damages for nondelivery as provided in this chapter (§ 47-2-713 ).
(a) cover and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or
(b) recover damages for nondelivery as provided in this chapter (§ 47-2-713 ).
(2) Where the seller fails to deliver or repudiates the buyer may also: (a) if the goods have been identified recover them as provided in this chapter (§ 47-2-502 ); or (b) in a proper case obtain specific performance or replevy the goods as provided in this chapter (§ 47-2-716 ).
(a) if the goods have been identified recover them as provided in this chapter (§ 47-2-502 ); or
(b) in a proper case obtain specific performance or replevy the goods as provided in this chapter (§ 47-2-716 ).
(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (§ 47-2-706 ).
Acts 1963, ch. 81, § 1 (2-711).
Tenn. Code Ann. § 47-18-5538 — TN Code / Title 47 / Chapter 18 / Section 47-18-5538
Uniformity of application and construction
Status: in_force

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2009, ch. 469, § 1.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-9-209 — TN Code / Title 47 / Chapter 9 / Section 47-9-209
Duties of secured party if account debtor has been notified of assignment
Status: in_force

(a) Applicability of section. Except as otherwise provided in subsection (c), this section applies if: (1) there is no outstanding secured obligation; and (2) the secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under § 47-9-406(a) an authenticated record that releases the account debtor from any further obligation to the secured party. (c) Inapplicability to sales. This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible. Acts 2000, ch. 846, § 1.
(a) Applicability of section. Except as otherwise provided in subsection (c), this section applies if: (1) there is no outstanding secured obligation; and (2) the secured party is not committed to make advances, incur obligations, or otherwise give value.
(1) there is no outstanding secured obligation; and
(2) the secured party is not committed to make advances, incur obligations, or otherwise give value.
(b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under § 47-9-406(a) an authenticated record that releases the account debtor from any further obligation to the secured party.
(c) Inapplicability to sales. This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-25-1308 — TN Code / Title 47 / Chapter 25 / Section 47-25-1308
Civil liability for failure to repurchase
Status: in_force

If any supplier fails or refuses to repurchase and pay the retailer for any inventory covered under this part within sixty (60) days after shipment of such inventory, such supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's attorney fees, court costs and interest on the current net price computed at the legal interest rate from the sixty-first day after date of shipment. Acts 1999, ch. 193, § 9.
If any supplier fails or refuses to repurchase and pay the retailer for any inventory covered under this part within sixty (60) days after shipment of such inventory, such supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's attorney fees, court costs and interest on the current net price computed at the legal interest rate from the sixty-first day after date of shipment.
Acts 1999, ch. 193, § 9.
Tenn. Code Ann. § 47-2-720 — TN Code / Title 47 / Chapter 2 / Section 47-2-720
Effect of "cancellation" or "rescission" on claims for antecedent breach
Status: in_force

Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach. Acts 1963, ch. 81, § 1 (2-720).
Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
Acts 1963, ch. 81, § 1 (2-720).
Tenn. Code Ann. § 47-18-316 — TN Code / Title 47 / Chapter 18 / Section 47-18-316
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 858, s 14, eff. 7/1/2016. Acts 2001, ch. 126, § 3.
Repealed by 2016 Tenn. Acts, ch. 858, s 14, eff. 7/1/2016.
Acts 2001, ch. 126, § 3.
Tenn. Code Ann. § 47-2-502 — TN Code / Title 47 / Chapter 2 / Section 47-2-502
Buyer's right to goods on seller's insolvency
Status: in_force

(1) Subject to subsections (2) and (3) and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which the buyer has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if: (a) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or (b) in all cases, the seller becomes insolvent within ten (10) days after receipt of the first installment on their price. (2) The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver. (3) If the identification creating the buyer's special property has been made by the buyer, the buyer acquires the right to recover the goods only if they conform to the contract for sale. Acts 1963, ch. 81, § 1 (2-502); Acts 2000, ch. 846, § 7.
(1) Subject to subsections (2) and (3) and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which the buyer has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if: (a) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or (b) in all cases, the seller becomes insolvent within ten (10) days after receipt of the first installment on their price.
(a) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or
(b) in all cases, the seller becomes insolvent within ten (10) days after receipt of the first installment on their price.
(2) The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
(3) If the identification creating the buyer's special property has been made by the buyer, the buyer acquires the right to recover the goods only if they conform to the contract for sale.
Acts 1963, ch. 81, § 1 (2-502); Acts 2000, ch. 846, § 7.
Tenn. Code Ann. § 47-9-619 — TN Code / Title 47 / Chapter 9 / Section 47-9-619
Transfer of record or legal title
Status: in_force

(a) "Transfer statement". In this section, "transfer statement" means a record authenticated by a secured party stating: (1) that the debtor has defaulted in connection with an obligation secured by specified collateral; (2) that the secured party has exercised its post-default remedies with respect to the collateral; (3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) the name and mailing address of the secured party, debtor, and transferee. (b) Effect of transfer statement. A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate-of-title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall: (1) accept the transfer statement; (2) promptly amend its records to reflect the transfer; and (3) if applicable, issue a new appropriate certificate of title in the name of the transferee. (c) Transfer not a disposition; no relief of secured party's duties. A transfer of the record or legal title to collateral to a secured party under subsection (b) or otherwise is not of itself a disposition of collateral under this chapter and does not of itself relieve the secured party of its duties under this chapter. Acts 2000, ch. 846, § 1.
(a) "Transfer statement". In this section, "transfer statement" means a record authenticated by a secured party stating: (1) that the debtor has defaulted in connection with an obligation secured by specified collateral; (2) that the secured party has exercised its post-default remedies with respect to the collateral; (3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) the name and mailing address of the secured party, debtor, and transferee.
(1) that the debtor has defaulted in connection with an obligation secured by specified collateral;
(2) that the secured party has exercised its post-default remedies with respect to the collateral;
(3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and
(4) the name and mailing address of the secured party, debtor, and transferee.
(b) Effect of transfer statement. A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate-of-title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall: (1) accept the transfer statement; (2) promptly amend its records to reflect the transfer; and (3) if applicable, issue a new appropriate certificate of title in the name of the transferee.
(1) accept the transfer statement;
(2) promptly amend its records to reflect the transfer; and
(3) if applicable, issue a new appropriate certificate of title in the name of the transferee.
(c) Transfer not a disposition; no relief of secured party's duties. A transfer of the record or legal title to collateral to a secured party under subsection (b) or otherwise is not of itself a disposition of collateral under this chapter and does not of itself relieve the secured party of its duties under this chapter.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-26-813 — TN Code / Title 47 / Chapter 26 / Section 47-26-813
Violations - Penalties
Status: in_force

(a) It is a violation for a certified weigher to measure trucks in excess of weights as prescribed in § 47-26-812 . (b) It is a violation for a certified weigher to make flagrant or fraudulent recordings of measurements of weight or capacity. (c) A violation of this part shall be reported to the commissioner of safety. (d) A penalty of fifty dollars ($50.00) shall be assessed against the certified public weigher for each infraction deemed to be a violation of this part by the commissioner of safety. A certified public weigher's license may be revoked upon a finding of any such violation. (e) Producers and suppliers of natural resources products which do not weigh or measure such products in accordance with § 47-26-803(b) shall pay a penalty of fifty dollars ($50.00) for each such violation. (f) The commissioner of safety is responsible for the enforcement of this part, and it is the commissioner's duty to prosecute violations of this part. (g) If any penalties imposed by this part and assessed by the department of safety, pursuant to any statute or executive order, are not paid within ninety (90) days from the date of assessment notice, such penalties shall be subject to collection by the commissioner of revenue under title 67, chapter 1, part 14. If it becomes necessary for the commissioner of revenue to collect such penalties on behalf of the department of safety, the department of revenue shall retain an administrative fee of two percent (2%) of the gross penalties collected. Acts 1981, ch. 389, § 14; 1982, ch. 553, §§ 2, 3; T.C.A., § 71-813; Acts 2001, ch. 166, §§ 5, 6.
(a) It is a violation for a certified weigher to measure trucks in excess of weights as prescribed in § 47-26-812 .
(b) It is a violation for a certified weigher to make flagrant or fraudulent recordings of measurements of weight or capacity.
(c) A violation of this part shall be reported to the commissioner of safety.
(d) A penalty of fifty dollars ($50.00) shall be assessed against the certified public weigher for each infraction deemed to be a violation of this part by the commissioner of safety. A certified public weigher's license may be revoked upon a finding of any such violation.
(e) Producers and suppliers of natural resources products which do not weigh or measure such products in accordance with § 47-26-803(b) shall pay a penalty of fifty dollars ($50.00) for each such violation.
(f) The commissioner of safety is responsible for the enforcement of this part, and it is the commissioner's duty to prosecute violations of this part.
(g) If any penalties imposed by this part and assessed by the department of safety, pursuant to any statute or executive order, are not paid within ninety (90) days from the date of assessment notice, such penalties shall be subject to collection by the commissioner of revenue under title 67, chapter 1, part 14. If it becomes necessary for the commissioner of revenue to collect such penalties on behalf of the department of safety, the department of revenue shall retain an administrative fee of two percent (2%) of the gross penalties collected.
Acts 1981, ch. 389, § 14; 1982, ch. 553, §§ 2, 3; T.C.A., § 71-813; Acts 2001, ch. 166, §§ 5, 6.
Tenn. Code Ann. § 47-18-802 — TN Code / Title 47 / Chapter 18 / Section 47-18-802
Unlawful discrimination
Status: in_force

(a) It is unlawful for any creditor or credit card issuer to discriminate between equally qualified individuals, whether male or female, or whether disabled, or to discriminate solely on account of marital status against any individual, with respect to the approval or denial of terms of credit in connection with any consumer credit sale, whether or not under an open end credit plan, any consumer loan, or any other extension of consumer credit, or with respect to the issuance, renewal, denial, or terms of any credit card. (b) "Disabled," as used in this section, means any physically disabled person who meets the requirements for disabled drivers established in § 55-21-102(3) and (4) , and any other individual not otherwise covered under this section who is certified as disabled by a physician duly licensed to practice medicine in Tennessee. (c) Any requirement of a public utility for the continuation of a utility service account in the name of the spouse in whose name the account was originally opened shall not be a violation of this section where both spouses reside in the same household and have the benefit of the utility service. Acts 1974, ch. 727, § 2; 1978, ch. 610, § 1; 1983, ch. 310, §§ 1, 2; T.C.A., § 47-17-102.
(a) It is unlawful for any creditor or credit card issuer to discriminate between equally qualified individuals, whether male or female, or whether disabled, or to discriminate solely on account of marital status against any individual, with respect to the approval or denial of terms of credit in connection with any consumer credit sale, whether or not under an open end credit plan, any consumer loan, or any other extension of consumer credit, or with respect to the issuance, renewal, denial, or terms of any credit card.
(b) "Disabled," as used in this section, means any physically disabled person who meets the requirements for disabled drivers established in § 55-21-102(3) and (4) , and any other individual not otherwise covered under this section who is certified as disabled by a physician duly licensed to practice medicine in Tennessee.
(c) Any requirement of a public utility for the continuation of a utility service account in the name of the spouse in whose name the account was originally opened shall not be a violation of this section where both spouses reside in the same household and have the benefit of the utility service.
Acts 1974, ch. 727, § 2; 1978, ch. 610, § 1; 1983, ch. 310, §§ 1, 2; T.C.A., § 47-17-102.
Tenn. Code Ann. § 47-18-603 — TN Code / Title 47 / Chapter 18 / Section 47-18-603
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Advertisement" means a commercial message in any medium that aids, promotes, or assists directly or indirectly a rental-purchase agreement; (2) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee; (3) "Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement; (4) "Consumer" means a natural person who rents personal property under a rental-purchase agreement; (5) "Consummation" means the time a consumer becomes contractually obligated on a rental-purchase agreement; (6) [Deleted by 2019 amendment.] (7) "Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a rental-purchase agreement; and (8) "Rental-purchase agreement" means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four (4) months or less (whether or not there is any obligation beyond the initial period) that is automatically renewable with each payment and that permits the consumer to become the owner of the property. "Rental-purchase agreement" shall not be construed to be, nor be governed by, any of the following: (A) A lease or agreement which constitutes a "credit" sale as defined in 12 CFR 226.2(a)(16) and § 1602(g) of the Truth In Lending Act, compiled in 15 U.S.C. § 1601 et seq.; (B) A lease which constitutes a "consumer lease" as defined in 12 CFR 213.2(e) ; (C) Any lease for agricultural, business, or commercial purposes; (D) Any lease made to an organization; (E) A lease or agreement which constitutes a "retail installment contract" or "retail installment transaction" as defined in § 47-11-102 ; (F) A "security interest" as defined in § 47-1-201 ; or (G) A "home solicitation sale" as defined in § 47-18-702 . Amended by 2019 Tenn. Acts, ch. 459, s 24, eff. 9/30/2019. Acts 1987, ch. 225, § 4.
As used in this part, unless the context otherwise requires:
(1) "Advertisement" means a commercial message in any medium that aids, promotes, or assists directly or indirectly a rental-purchase agreement;
(2) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee;
(3) "Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement;
(4) "Consumer" means a natural person who rents personal property under a rental-purchase agreement;
(5) "Consummation" means the time a consumer becomes contractually obligated on a rental-purchase agreement;
(6) [Deleted by 2019 amendment.]
(7) "Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a rental-purchase agreement; and
(8) "Rental-purchase agreement" means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four (4) months or less (whether or not there is any obligation beyond the initial period) that is automatically renewable with each payment and that permits the consumer to become the owner of the property. "Rental-purchase agreement" shall not be construed to be, nor be governed by, any of the following: (A) A lease or agreement which constitutes a "credit" sale as defined in 12 CFR 226.2(a)(16) and § 1602(g) of the Truth In Lending Act, compiled in 15 U.S.C. § 1601 et seq.; (B) A lease which constitutes a "consumer lease" as defined in 12 CFR 213.2(e) ; (C) Any lease for agricultural, business, or commercial purposes; (D) Any lease made to an organization; (E) A lease or agreement which constitutes a "retail installment contract" or "retail installment transaction" as defined in § 47-11-102 ; (F) A "security interest" as defined in § 47-1-201 ; or (G) A "home solicitation sale" as defined in § 47-18-702 .
(A) A lease or agreement which constitutes a "credit" sale as defined in 12 CFR 226.2(a)(16) and § 1602(g) of the Truth In Lending Act, compiled in 15 U.S.C. § 1601 et seq.;
(B) A lease which constitutes a "consumer lease" as defined in 12 CFR 213.2(e) ;
(C) Any lease for agricultural, business, or commercial purposes;
(D) Any lease made to an organization;
(E) A lease or agreement which constitutes a "retail installment contract" or "retail installment transaction" as defined in § 47-11-102 ;
(F) A "security interest" as defined in § 47-1-201 ; or
(G) A "home solicitation sale" as defined in § 47-18-702 .
Amended by 2019 Tenn. Acts, ch. 459, s 24, eff. 9/30/2019.
Acts 1987, ch. 225, § 4.
Tenn. Code Ann. § 47-25-305 — TN Code / Title 47 / Chapter 25 / Section 47-25-305
Contracts in violation of part void
Status: in_force

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had. Acts 1949, ch. 68, § 9; C. Supp. 1950, § 6770.19 (Williams, § 6770.52); T.C.A. (orig. ed.), § 69-407; T.C.A. (orig. ed.), § 47-25-307 ; Acts 1998, ch. 768, § 1.
Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
Acts 1949, ch. 68, § 9; C. Supp. 1950, § 6770.19 (Williams, § 6770.52); T.C.A. (orig. ed.), § 69-407; T.C.A. (orig. ed.), § 47-25-307 ; Acts 1998, ch. 768, § 1.
Tenn. Code Ann. § 47-50-111 — TN Code / Title 47 / Chapter 50 / Section 47-50-111
Direct molding - Unlawful duplication of goods
Status: in_force

(a) It is unlawful for any person to duplicate for the purpose of sale, any manufactured item made by another without the permission of that other person using the direct molding process described in subsection (c). (b) It is unlawful for any person to sell an item duplicated in violation of subsection (a). (c) The direct molding processes subject to this section is any direct molding process in which the original manufactured item was itself used as a plug for the making of the mold which is used to manufacture the duplicate item. (d) Any person injured by a violation of this section may bring an action in a court of competent jurisdiction for an injunction prohibiting such violations. In addition, the injured person shall be entitled to actual damages incurred as a result of such violations, reasonable attorney's fees, and costs. (e) This section applies only to items duplicated using a mold made on or after July 1, 1983. Acts 1983, ch. 31, §§ 1, 2; T.C.A., § 47-15-115.
(a) It is unlawful for any person to duplicate for the purpose of sale, any manufactured item made by another without the permission of that other person using the direct molding process described in subsection (c).
(b) It is unlawful for any person to sell an item duplicated in violation of subsection (a).
(c) The direct molding processes subject to this section is any direct molding process in which the original manufactured item was itself used as a plug for the making of the mold which is used to manufacture the duplicate item.
(d) Any person injured by a violation of this section may bring an action in a court of competent jurisdiction for an injunction prohibiting such violations. In addition, the injured person shall be entitled to actual damages incurred as a result of such violations, reasonable attorney's fees, and costs.
(e) This section applies only to items duplicated using a mold made on or after July 1, 1983.
Acts 1983, ch. 31, §§ 1, 2; T.C.A., § 47-15-115.
Tenn. Code Ann. § 47-18-317 — TN Code / Title 47 / Chapter 18 / Section 47-18-317
Violations - Penalties and remedies
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 any trade or commerce and subject to the penalties and remedies as provided by that act. (c) As part of any action brought pursuant to this section, the attorney general shall certify that the division of consumer affairs complied with § 47-18-5002(2) unless the attorney general determines that the purposes of this part will be substantially impaired by delaying legal proceedings. Amended by 2019 Tenn. Acts, ch. 459,s 17, eff. 9/30/2019. Acts 1984, ch. 630, § 4; T.C.A., § 47-18-304 ; Acts 1989, ch. 460, § 15; T.C.A., § 47-18-320 .
(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 any trade or commerce and subject to the penalties and remedies as provided by that act.
(c) As part of any action brought pursuant to this section, the attorney general shall certify that the division of consumer affairs complied with § 47-18-5002(2) unless the attorney general determines that the purposes of this part will be substantially impaired by delaying legal proceedings.
Amended by 2019 Tenn. Acts, ch. 459,s 17, eff. 9/30/2019.
Acts 1984, ch. 630, § 4; T.C.A., § 47-18-304 ; Acts 1989, ch. 460, § 15; T.C.A., § 47-18-320 .
Tenn. Code Ann. § 47-4-211 — TN Code / Title 47 / Chapter 4 / Section 47-4-211
When bank gives value for purposes of holder in due course
Status: in_force

For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of § 47-3-302 on what constitutes a holder in due course. Acts 1963, ch. 81, § 1 (4-209); T.C.A. § 47-4-209 ; Acts 1995, ch. 397, § 3.
For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of § 47-3-302 on what constitutes a holder in due course.
Acts 1963, ch. 81, § 1 (4-209); T.C.A. § 47-4-209 ; Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-25-104 — TN Code / Title 47 / Chapter 25 / Section 47-25-104
Statute of limitations
Status: in_force

(a) Section 28-1-113 applies to all actions brought by the attorney general and reporter under this part. (b) Section 28-3-105 applies to all actions brought by any other person under this part. Amended by 2024 Tenn. Acts, ch. 776,s 3, eff. 4/23/2024. Acts 1891, ch. 218, § 4; 1903, ch. 140, § 2; Shan., § 3188; mod. Code 1932, § 5883; T.C.A. (orig. ed.), § 69-104.
(a) Section 28-1-113 applies to all actions brought by the attorney general and reporter under this part.
(b) Section 28-3-105 applies to all actions brought by any other person under this part.
Amended by 2024 Tenn. Acts, ch. 776,s 3, eff. 4/23/2024.
Acts 1891, ch. 218, § 4; 1903, ch. 140, § 2; Shan., § 3188; mod. Code 1932, § 5883; T.C.A. (orig. ed.), § 69-104.
Tenn. Code Ann. § 47-12-102 — TN Code / Title 47 / Chapter 12 / Section 47-12-102
Proof of notice
Status: in_force

The surety shall prove by two (2) witnesses the service on the creditor of a copy of the notice required by § 47-12-101 . Code 1858, § 1969 (deriv. Acts 1801, ch. 18, § 4); Shan., §3518; mod. Code 1932, § 7527; T.C.A. (orig. ed.), § 47-702.
The surety shall prove by two (2) witnesses the service on the creditor of a copy of the notice required by § 47-12-101 .
Code 1858, § 1969 (deriv. Acts 1801, ch. 18, § 4); Shan., §3518; mod. Code 1932, § 7527; T.C.A. (orig. ed.), § 47-702.
Tenn. Code Ann. § 47-25-626 — TN Code / Title 47 / Chapter 25 / Section 47-25-626
Supplying of gasohol, etc
Status: in_force

(a) No distributor or wholesale dealer who supplies retail dealers with gasoline, diesel fuel, or other motor vehicle fuels shall prohibit or restrict any such supplied retail dealer from voluntarily carrying for sale gasohol or any other fuel containing alcohol equal to at least ten percent (10%) of total volume. (b) Any such distributor or wholesale dealer who prohibits or restricts or attempts to prohibit or restrict a supplied retail dealer shall be subject to a fine of fifty dollars ($50.00) per day per retail dealer upon conviction of such offense. Acts 1980, ch. 603, § 1; T.C.A., § 69-726.
(a) No distributor or wholesale dealer who supplies retail dealers with gasoline, diesel fuel, or other motor vehicle fuels shall prohibit or restrict any such supplied retail dealer from voluntarily carrying for sale gasohol or any other fuel containing alcohol equal to at least ten percent (10%) of total volume.
(b) Any such distributor or wholesale dealer who prohibits or restricts or attempts to prohibit or restrict a supplied retail dealer shall be subject to a fine of fifty dollars ($50.00) per day per retail dealer upon conviction of such offense.
Acts 1980, ch. 603, § 1; T.C.A., § 69-726.
Tenn. Code Ann. § 47-25-1701 — TN Code / Title 47 / Chapter 25 / Section 47-25-1701
Short title
Status: in_force

This part shall be known and may be cited as "The Uniform Trade Secrets Act." Acts 2000, ch. 647, § 1.
This part shall be known and may be cited as "The Uniform Trade Secrets Act."
Acts 2000, ch. 647, § 1.
Tenn. Code Ann. § 47-50-120 — TN Code / Title 47 / Chapter 50 / Section 47-50-120
Section definitions - Payment methods onsite parking - Payment information - Notice of alternative forms of payment
Status: in_force

(a) As used in this section, "on-site" means on the entity's property where the parking services are provided. (b) If an entity requires on-site payment from a consumer for the parking of a motor vehicle on the entity's property, and the entity only accepts payment by use of a quick response (QR) code or a credit or debit card machine, then, in the event the QR code or the credit or debit card machine fails to operate correctly to process the payment transaction, the entity must: (1) Accept payment from the consumer by cash, by check, or through a system that allows the consumer to provide the consumer's credit or debit card information over the phone; or (2) Allow the consumer to leave the property without providing payment at the time. (c) (1) The entity may provide information to a consumer enabling the consumer to mail payment to the entity, or provide the consumer's credit or debit card information over the phone for payment of the services at a later date. (2) If the entity does not provide the information described in subdivision (c)(1), then the consumer is not required to provide payment at a later date for the service. (d) For a parking lot that is temporarily or continuously unattended, the entity shall provide notice of the alternative forms of payment accepted on a prominent sign located on the entity's property where payment is taken. Added by 2023 Tenn. Acts, ch. 323, s 1, eff. 7/1/2023.
(a) As used in this section, "on-site" means on the entity's property where the parking services are provided.
(b) If an entity requires on-site payment from a consumer for the parking of a motor vehicle on the entity's property, and the entity only accepts payment by use of a quick response (QR) code or a credit or debit card machine, then, in the event the QR code or the credit or debit card machine fails to operate correctly to process the payment transaction, the entity must: (1) Accept payment from the consumer by cash, by check, or through a system that allows the consumer to provide the consumer's credit or debit card information over the phone; or (2) Allow the consumer to leave the property without providing payment at the time.
(1) Accept payment from the consumer by cash, by check, or through a system that allows the consumer to provide the consumer's credit or debit card information over the phone; or
(2) Allow the consumer to leave the property without providing payment at the time.
(c) (1) The entity may provide information to a consumer enabling the consumer to mail payment to the entity, or provide the consumer's credit or debit card information over the phone for payment of the services at a later date. (2) If the entity does not provide the information described in subdivision (c)(1), then the consumer is not required to provide payment at a later date for the service.
(1) The entity may provide information to a consumer enabling the consumer to mail payment to the entity, or provide the consumer's credit or debit card information over the phone for payment of the services at a later date.
(2) If the entity does not provide the information described in subdivision (c)(1), then the consumer is not required to provide payment at a later date for the service.
(d) For a parking lot that is temporarily or continuously unattended, the entity shall provide notice of the alternative forms of payment accepted on a prominent sign located on the entity's property where payment is taken.
Added by 2023 Tenn. Acts, ch. 323, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 47-4-107 — TN Code / Title 47 / Chapter 4 / Section 47-4-107
Separate office of bank
Status: in_force

A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notice or orders must be given under this chapter and under chapter 3 of this title. Acts 1963, ch. 81, § 1 (4-106); T.C.A. § 47-4-106 ; Acts 1995, ch. 397, § 3.
A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notice or orders must be given under this chapter and under chapter 3 of this title.
Acts 1963, ch. 81, § 1 (4-106); T.C.A. § 47-4-106 ; Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-3-116 — TN Code / Title 47 / Chapter 3 / Section 47-3-116
Joint and several liability - Contribution
Status: in_force

(a) Except as otherwise provided in the instrument, two (2) or more persons who have the same liability on an instrument as makers, drawers, acceptors, endorsers who endorse as joint payees, or anomalous endorsers are jointly and severally liable in the capacity in which they sign. (b) Except as provided in § 47-3-419(e) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law. (c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (b) of a party having the same joint and several liability to receive contribution from the party discharged. Acts 1995, ch. 397, § 2.
(a) Except as otherwise provided in the instrument, two (2) or more persons who have the same liability on an instrument as makers, drawers, acceptors, endorsers who endorse as joint payees, or anomalous endorsers are jointly and severally liable in the capacity in which they sign.
(b) Except as provided in § 47-3-419(e) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.
(c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (b) of a party having the same joint and several liability to receive contribution from the party discharged.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-5542 — TN Code / Title 47 / Chapter 18 / Section 47-18-5542
Transfer of administration to division of regulatory boards
Status: in_force

Beginning on July 1, 2015, administration of this part on behalf of the administrator shall be attached to the division of regulatory boards in the department of commerce and insurance. Added by 2015 Tenn. Acts, ch. 339,s 30, eff. 7/1/2015.
Beginning on July 1, 2015, administration of this part on behalf of the administrator shall be attached to the division of regulatory boards in the department of commerce and insurance.
Added by 2015 Tenn. Acts, ch. 339,s 30, eff. 7/1/2015.
Tenn. Code Ann. § 47-18-203 — TN Code / Title 47 / Chapter 18 / Section 47-18-203
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Acts 1980, ch. 846, § 3; 1982, ch. 570, § 3.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Acts 1980, ch. 846, § 3; 1982, ch. 570, § 3.
Tenn. Code Ann. § 47-25-1608 — TN Code / Title 47 / Chapter 25 / Section 47-25-1608
Exemptions
Status: in_force

This part shall not apply to: (1) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state; (2) The sale of agricultural products, forestry products or food products, other than food as defined as new and unused property; (3) Business conducted at any industry or association trade show; (4) The sale of arts or crafts by the person who produced such arts and crafts; (5) A manufacturer's or distributor's representative as defined in § 47-25-1601 ; or (6) Any new and unused property merchant under eighteen (18) years of age. Acts 1998, ch. 884, § 3.
This part shall not apply to:
(1) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state;
(2) The sale of agricultural products, forestry products or food products, other than food as defined as new and unused property;
(3) Business conducted at any industry or association trade show;
(4) The sale of arts or crafts by the person who produced such arts and crafts;
(5) A manufacturer's or distributor's representative as defined in § 47-25-1601 ; or
(6) Any new and unused property merchant under eighteen (18) years of age.
Acts 1998, ch. 884, § 3.
Tenn. Code Ann. § 47-18-208 — TN Code / Title 47 / Chapter 18 / Section 47-18-208
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Amended by 2015 Tenn. Acts, ch. 339, s 8, eff. 7/1/2015. Acts 1999, ch. 55, § 3.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Amended by 2015 Tenn. Acts, ch. 339, s 8, eff. 7/1/2015.
Acts 1999, ch. 55, § 3.
Tenn. Code Ann. § 47-25-1902 — TN Code / Title 47 / Chapter 25 / Section 47-25-1902
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "All-terrain vehicle" means a motorized vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than three thousand five hundred pounds (3,500 lbs.), and is eighty inches (80") or less in width measured from the outside of the tire rim to the outside of the tire rim; (2) "Attachment" means a machine or part of a machine designed to be used on and in conjunction with a motorcycle or off-road vehicle; (3) "Current model" means a model listed in the supplier's, wholesaler's, manufacturer's or distributor's current sales manual or any supplements to the manual; (4) "Current net price" means the price listed in the supplier's price list or catalogue in effect at the time the contract is canceled or discontinued, less any applicable trade and cash discounts; (5) "Dealer" means any person engaged in the business of selling and retailing inventory, who enters into a retail agreement, and who, under the terms of the agreement receives inventory from the supplier. "Dealer" also includes a franchisee who otherwise meets the requirements of a dealer; (6) "Franchise" or "franchise agreement" means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise; provided, that a franchise is not created by a lease, license or concession granted by a dealer to sell goods or furnish services on or from premises that are occupied by the dealer-grantor primarily for its own merchandising activities; (7) "Franchisee" means a person to whom a franchise is offered or granted; (8) "Franchisor" means a person who grants a franchise to another person; (9) "Inventory" means motorcycles, off-road vehicles, attachments and repair parts; (10) "Motorcycle" means a motorcycle as defined in § 55-1-103 ; (11) "Net cost" means the price the dealer actually paid to the supplier for the inventory, less any applicable trade, volume, or cash bonus discounts, plus freight and set-up expense; (12) "Off-road vehicle" means any off-road motorcycle, all-terrain vehicle, utility vehicle or dune buggy; (13) "Person" means a sole proprietor, partnership, corporation, or any other form of business organization; (14) "Retail agreement" means an agreement, including a franchise agreement that meets the requirements of a retail agreement, whether express, implied, oral, or written, between two (2) or more persons: (A) By which a person receives the right to: (i) Sell or lease inventory or services at retail or wholesale; or (ii) Use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol; and (B) In which the parties to the agreement have a joint interest, whether equal or unequal, in the offering, selling, or leasing of the inventory or services; (15) "Superseded part" means any part that will provide the same function as a currently available part as of the date of cancellation; (16) "Supplier" means a person who enters into a retail agreement and who, under the terms of the agreement, provides inventory or services to a dealer. "Supplier" includes a: (A) Wholesaler; (B) Manufacturer; (C) Franchisor; (D) Person that is a parent corporation or an affiliated corporation of a person identified in this subdivision (16); and (E) A field representative, an officer, an agent, or another direct or indirect representative of a person identified in this subdivision (16); and (17) "Terminate" includes the failure to renew. Amended by 2021 Tenn. Acts, ch. 103, s 3, eff. 4/7/2021. Amended by 2018 Tenn. Acts, ch. 585, s 5, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 1015, Secs.s 6, s 12 eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 226, s 2, eff. 7/1/2013. Acts 2007 , ch. 188, § 3; 2009 , ch. 33, § 1.
As used in this part, unless the context otherwise requires:
(1) "All-terrain vehicle" means a motorized vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than three thousand five hundred pounds (3,500 lbs.), and is eighty inches (80") or less in width measured from the outside of the tire rim to the outside of the tire rim;
(2) "Attachment" means a machine or part of a machine designed to be used on and in conjunction with a motorcycle or off-road vehicle;
(3) "Current model" means a model listed in the supplier's, wholesaler's, manufacturer's or distributor's current sales manual or any supplements to the manual;
(4) "Current net price" means the price listed in the supplier's price list or catalogue in effect at the time the contract is canceled or discontinued, less any applicable trade and cash discounts;
(5) "Dealer" means any person engaged in the business of selling and retailing inventory, who enters into a retail agreement, and who, under the terms of the agreement receives inventory from the supplier. "Dealer" also includes a franchisee who otherwise meets the requirements of a dealer;
(6) "Franchise" or "franchise agreement" means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise; provided, that a franchise is not created by a lease, license or concession granted by a dealer to sell goods or furnish services on or from premises that are occupied by the dealer-grantor primarily for its own merchandising activities;
(7) "Franchisee" means a person to whom a franchise is offered or granted;
(8) "Franchisor" means a person who grants a franchise to another person;
(9) "Inventory" means motorcycles, off-road vehicles, attachments and repair parts;
(10) "Motorcycle" means a motorcycle as defined in § 55-1-103 ;
(11) "Net cost" means the price the dealer actually paid to the supplier for the inventory, less any applicable trade, volume, or cash bonus discounts, plus freight and set-up expense;
(12) "Off-road vehicle" means any off-road motorcycle, all-terrain vehicle, utility vehicle or dune buggy;
(13) "Person" means a sole proprietor, partnership, corporation, or any other form of business organization;
(14) "Retail agreement" means an agreement, including a franchise agreement that meets the requirements of a retail agreement, whether express, implied, oral, or written, between two (2) or more persons: (A) By which a person receives the right to: (i) Sell or lease inventory or services at retail or wholesale; or (ii) Use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol; and (B) In which the parties to the agreement have a joint interest, whether equal or unequal, in the offering, selling, or leasing of the inventory or services;
(A) By which a person receives the right to: (i) Sell or lease inventory or services at retail or wholesale; or (ii) Use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol; and
(i) Sell or lease inventory or services at retail or wholesale; or
(ii) Use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol; and
(B) In which the parties to the agreement have a joint interest, whether equal or unequal, in the offering, selling, or leasing of the inventory or services;
(15) "Superseded part" means any part that will provide the same function as a currently available part as of the date of cancellation;
(16) "Supplier" means a person who enters into a retail agreement and who, under the terms of the agreement, provides inventory or services to a dealer. "Supplier" includes a: (A) Wholesaler; (B) Manufacturer; (C) Franchisor; (D) Person that is a parent corporation or an affiliated corporation of a person identified in this subdivision (16); and (E) A field representative, an officer, an agent, or another direct or indirect representative of a person identified in this subdivision (16); and
(A) Wholesaler;
(B) Manufacturer;
(C) Franchisor;
(D) Person that is a parent corporation or an affiliated corporation of a person identified in this subdivision (16); and
(E) A field representative, an officer, an agent, or another direct or indirect representative of a person identified in this subdivision (16); and
(17) "Terminate" includes the failure to renew.
Amended by 2021 Tenn. Acts, ch. 103, s 3, eff. 4/7/2021.
Amended by 2018 Tenn. Acts, ch. 585, s 5, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 1015, Secs.s 6, s 12 eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 226, s 2, eff. 7/1/2013.
Acts 2007 , ch. 188, § 3; 2009 , ch. 33, § 1.
Tenn. Code Ann. § 47-4-404 — TN Code / Title 47 / Chapter 4 / Section 47-4-404
Bank not obliged to pay check more than six months old
Status: in_force

A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six (6) months after its date, but it may charge its customer's account for a payment made thereafter in good faith. Acts 1963, ch. 81, § 1 (4-404); 1995, ch. 397, § 3.
A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six (6) months after its date, but it may charge its customer's account for a payment made thereafter in good faith.
Acts 1963, ch. 81, § 1 (4-404); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-3-418 — TN Code / Title 47 / Chapter 3 / Section 47-3-418
Payment or acceptance by mistake
Status: in_force

(a) Except as provided in subsection (c), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to § 47-4-403 or (ii) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft. (b) Except as provided in subsection (c), if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made or (ii) in the case of acceptance, may revoke the acceptance. (c) The remedies provided by subsection (a) or (b) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by § 47-3-417 or § 47-4-407 . (d) Notwithstanding § 47-4-215 , if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument. Acts 1995, ch. 397, § 2.
(a) Except as provided in subsection (c), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to § 47-4-403 or (ii) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.
(b) Except as provided in subsection (c), if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made or (ii) in the case of acceptance, may revoke the acceptance.
(c) The remedies provided by subsection (a) or (b) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by § 47-3-417 or § 47-4-407 .
(d) Notwithstanding § 47-4-215 , if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-2-713 — TN Code / Title 47 / Chapter 2 / Section 47-2-713
Buyer's damages for nondelivery or repudiation
Status: in_force

(1) Subject to the provisions of this chapter with respect to proof of market price (§ 47-2-723 ), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this chapter (§ 47-2-715 ), but less expenses saved in consequence of the seller's breach. (2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival. Acts 1963, ch. 81, § 1 (2-713).
(1) Subject to the provisions of this chapter with respect to proof of market price (§ 47-2-723 ), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this chapter (§ 47-2-715 ), but less expenses saved in consequence of the seller's breach.
(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
Acts 1963, ch. 81, § 1 (2-713).
Tenn. Code Ann. § 47-18-5537 — TN Code / Title 47 / Chapter 18 / Section 47-18-5537
Statute of limitations
Status: in_force

(a) An action or proceeding brought pursuant to § 47-18-5533(a), (b), or (c) shall be commenced within four (4) years after the administrator opens a complaint. (b) An action brought pursuant to § 47-18-5535 must be commenced within two (2) years after the latest of: (1) The individual's last transmission of money to a provider; (2) The individual's last transmission of money to a creditor at the direction of the provider; (3) The provider's last disbursement to a creditor of the individual; (4) The provider's last accounting to the individual pursuant to § 47-18-5527(a) ; (5) The date on which the individual discovered or reasonably should have discovered the facts giving rise to the individual's claim; or (6) Termination of actions or proceedings by the administrator with respect to a violation of the part. (c) The period prescribed in subdivision (b)(5) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this part to be disclosed to the individual, if the information so misrepresented is material to the establishment of the liability of the defendant under this part. Amended by 2015 Tenn. Acts, ch. 339,s 29, eff. 7/1/2015. Acts 2009, ch. 469, § 1.
(a) An action or proceeding brought pursuant to § 47-18-5533(a), (b), or (c) shall be commenced within four (4) years after the administrator opens a complaint.
(b) An action brought pursuant to § 47-18-5535 must be commenced within two (2) years after the latest of: (1) The individual's last transmission of money to a provider; (2) The individual's last transmission of money to a creditor at the direction of the provider; (3) The provider's last disbursement to a creditor of the individual; (4) The provider's last accounting to the individual pursuant to § 47-18-5527(a) ; (5) The date on which the individual discovered or reasonably should have discovered the facts giving rise to the individual's claim; or (6) Termination of actions or proceedings by the administrator with respect to a violation of the part.
(1) The individual's last transmission of money to a provider;
(2) The individual's last transmission of money to a creditor at the direction of the provider;
(3) The provider's last disbursement to a creditor of the individual;
(4) The provider's last accounting to the individual pursuant to § 47-18-5527(a) ;
(5) The date on which the individual discovered or reasonably should have discovered the facts giving rise to the individual's claim; or
(6) Termination of actions or proceedings by the administrator with respect to a violation of the part.
(c) The period prescribed in subdivision (b)(5) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this part to be disclosed to the individual, if the information so misrepresented is material to the establishment of the liability of the defendant under this part.
Amended by 2015 Tenn. Acts, ch. 339,s 29, eff. 7/1/2015.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-11-107 — TN Code / Title 47 / Chapter 11 / Section 47-11-107
Penalty for violations - Liquidated damages
Status: in_force

(a) An intentional and willful violation of this chapter is a Class C misdemeanor. (b) In case of an intentional failure to comply with this chapter, or in case the seller shall permit the buyer to sign a contract containing blank spaces not permitted by this chapter, the buyer shall have a right to recover from the person committing such violation, or to set off or counterclaim in any action by such person to enforce a contract or agreement, as liquidated damages, an amount equal to the whole of the original time balance in a contract, and all amounts payable under an agreement with respect to the transaction or transactions to which such violation pertains, together with reasonable attorney's fees. (c) In case of any other failure to comply with this chapter, the buyer shall have a right to recover from the person committing such violation, or to set off or counterclaim in any action by such person to enforce a contract or agreement, as liquidated damages, an amount equal to two (2) times the time price differential charged to the buyer, together with reasonable attorney's fees. (d) Notwithstanding this section, no person shall be subject to any penalty for any failure to comply with any provision of this chapter until the retail buyer has notified such person in writing of such failure and unless within thirty (30) days after such notice such failure is not corrected by such person. Acts 1961, ch. 110, § 1; T.C.A., § 47-1907; Acts 1989, ch. 591, § 111.
(a) An intentional and willful violation of this chapter is a Class C misdemeanor.
(b) In case of an intentional failure to comply with this chapter, or in case the seller shall permit the buyer to sign a contract containing blank spaces not permitted by this chapter, the buyer shall have a right to recover from the person committing such violation, or to set off or counterclaim in any action by such person to enforce a contract or agreement, as liquidated damages, an amount equal to the whole of the original time balance in a contract, and all amounts payable under an agreement with respect to the transaction or transactions to which such violation pertains, together with reasonable attorney's fees.
(c) In case of any other failure to comply with this chapter, the buyer shall have a right to recover from the person committing such violation, or to set off or counterclaim in any action by such person to enforce a contract or agreement, as liquidated damages, an amount equal to two (2) times the time price differential charged to the buyer, together with reasonable attorney's fees.
(d) Notwithstanding this section, no person shall be subject to any penalty for any failure to comply with any provision of this chapter until the retail buyer has notified such person in writing of such failure and unless within thirty (30) days after such notice such failure is not corrected by such person.
Acts 1961, ch. 110, § 1; T.C.A., § 47-1907; Acts 1989, ch. 591, § 111.
Tenn. Code Ann. § 47-22-101 — TN Code / Title 47 / Chapter 22 / Section 47-22-101
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Credit card" means any card, token, or similar identification device which is issued for the purpose of obtaining money, services, or merchandise pursuant to a credit arrangement; (2) "Person" means any individual, corporation, agency, business association, or similar group; (3) "Unauthorized use of a credit card" means the use of a credit card by any person other than the person to whom it was issued or persons to whom the person has entrusted it; and (4) "Unsolicited credit card" means any credit card issued without an application or other authorization from the person to whom it is issued; provided, that a credit card issued to renew or replace a credit card previously issued by the issuer or the predecessor of the issuer and previously applied for, paid for, or used by the person to whom issued shall not be deemed to be an "unsolicited credit card." Acts 1970, ch. 486, § 1; T.C.A., § 47-15-115.
As used in this part, unless the context otherwise requires:
(1) "Credit card" means any card, token, or similar identification device which is issued for the purpose of obtaining money, services, or merchandise pursuant to a credit arrangement;
(2) "Person" means any individual, corporation, agency, business association, or similar group;
(3) "Unauthorized use of a credit card" means the use of a credit card by any person other than the person to whom it was issued or persons to whom the person has entrusted it; and
(4) "Unsolicited credit card" means any credit card issued without an application or other authorization from the person to whom it is issued; provided, that a credit card issued to renew or replace a credit card previously issued by the issuer or the predecessor of the issuer and previously applied for, paid for, or used by the person to whom issued shall not be deemed to be an "unsolicited credit card."
Acts 1970, ch. 486, § 1; T.C.A., § 47-15-115.
Tenn. Code Ann. § 47-13-105 — TN Code / Title 47 / Chapter 13 / Section 47-13-105
Failure to settle - Citation without application
Status: in_force

The person performing the duties of the county clerk, after the expiration of two (2) years from the qualification of such trustee or assignee, shall have power, without application from anyone interested in the trust property, to compel such trustee or assignee to make settlement by citation, as prescribed in § 47-13-104 . Acts 1899, ch. 371, § 3; Shan., § 3524a3; Code 1932, § 7777; T.C.A. (orig. ed.), § 47-1505; modified.
The person performing the duties of the county clerk, after the expiration of two (2) years from the qualification of such trustee or assignee, shall have power, without application from anyone interested in the trust property, to compel such trustee or assignee to make settlement by citation, as prescribed in § 47-13-104 .
Acts 1899, ch. 371, § 3; Shan., § 3524a3; Code 1932, § 7777; T.C.A. (orig. ed.), § 47-1505; modified.
Tenn. Code Ann. § 47-18-612 — TN Code / Title 47 / Chapter 18 / Section 47-18-612
Limitation of actions
Status: in_force

An action under this part may be brought in any court of competent jurisdiction within one (1) year of the date of the occurrence of any violation or within six (6) months of the time the rental-purchase agreement, together with any renewals or extensions thereof, ceases to be in effect, whichever is greater. Notwithstanding the above, an action under this part may be maintained by way of recoupment or counterclaim in an action brought against the consumer by the lessor or its assignee. Acts 1987, ch. 225, § 13.
An action under this part may be brought in any court of competent jurisdiction within one (1) year of the date of the occurrence of any violation or within six (6) months of the time the rental-purchase agreement, together with any renewals or extensions thereof, ceases to be in effect, whichever is greater. Notwithstanding the above, an action under this part may be maintained by way of recoupment or counterclaim in an action brought against the consumer by the lessor or its assignee.
Acts 1987, ch. 225, § 13.
Tenn. Code Ann. § 47-14-120 — TN Code / Title 47 / Chapter 14 / Section 47-14-120
Time-price differential
Status: in_force

(a) The charging of a time-price differential shall not be deemed to bring a transaction within any regulation of interest, loans or loan charges, commitment fees, or brokerage commissions, regardless of whether the seller disposes of the contract containing the time-price differential pursuant to a prearranged agreement, on a recourse or nonrecourse basis, or otherwise. (b) It shall be permitted to include in a motor vehicle retail installment contract containing the time price differential any amounts actually paid, or to be paid, by a seller pursuant to an agreement with a buyer to discharge a security interest, lien or lease interest on property traded in by a buyer. It shall also be permitted for any lessor of a motor vehicle to include in a lease the outstanding balance of a prior loan or lease of a motor vehicle used as a trade-in, as well as other items that are capitalized or amortized during the lease term without any regulation of interest, loans or loan charges, commitment fees or brokerage commissions, regardless of whether the lessor disposes of the lease containing the payoff balance pursuant to a prearranged agreement, on a recourse basis, or otherwise. Acts 1979, ch. 203, § 19; 1999, ch. 40, § 1.
(a) The charging of a time-price differential shall not be deemed to bring a transaction within any regulation of interest, loans or loan charges, commitment fees, or brokerage commissions, regardless of whether the seller disposes of the contract containing the time-price differential pursuant to a prearranged agreement, on a recourse or nonrecourse basis, or otherwise.
(b) It shall be permitted to include in a motor vehicle retail installment contract containing the time price differential any amounts actually paid, or to be paid, by a seller pursuant to an agreement with a buyer to discharge a security interest, lien or lease interest on property traded in by a buyer. It shall also be permitted for any lessor of a motor vehicle to include in a lease the outstanding balance of a prior loan or lease of a motor vehicle used as a trade-in, as well as other items that are capitalized or amortized during the lease term without any regulation of interest, loans or loan charges, commitment fees or brokerage commissions, regardless of whether the lessor disposes of the lease containing the payoff balance pursuant to a prearranged agreement, on a recourse basis, or otherwise.
Acts 1979, ch. 203, § 19; 1999, ch. 40, § 1.
Tenn. Code Ann. § 47-3-303 — TN Code / Title 47 / Chapter 3 / Section 47-3-303
Value and consideration
Status: in_force

(a) An instrument is issued or transferred for value if: (1) the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed; (2) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding; (3) the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due; (4) the instrument is issued or transferred in exchange for a negotiable instrument; or (5) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument. (b) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration. Acts 1995, ch. 397, § 2.
(a) An instrument is issued or transferred for value if: (1) the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed; (2) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding; (3) the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due; (4) the instrument is issued or transferred in exchange for a negotiable instrument; or (5) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.
(1) the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;
(2) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;
(3) the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;
(4) the instrument is issued or transferred in exchange for a negotiable instrument; or
(5) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.
(b) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-4a-102 — TN Code / Title 47 / Chapter 4a / Section 47-4a-102
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-102 - Subject matter
Status: in_force

Except as otherwise provided in § 47-4A-108 , this chapter applies to funds transfers defined in § 47-4A-104 . Acts 1991, ch. 52, § 1.
Except as otherwise provided in § 47-4A-108 , this chapter applies to funds transfers defined in § 47-4A-104 .
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-8-401 — TN Code / Title 47 / Chapter 8 / Section 47-8-401
Duty of issuer to register transfer
Status: in_force

(a) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer as requested if: (1) under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name; (2) the endorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person; (3) reasonable assurance is given that the endorsement or instruction is genuine and authorized (§ 47-8-402 ); (4) any applicable law relating to the collection of taxes has been complied with; (5) the transfer does not violate any restriction on transfer imposed by the issuer in accordance with § 47-8-204 ; (6) a demand that the issuer not register transfer has not become effective under § 47-8-403 , or the issuer has complied with § 47-8-403(b) but no legal process or indemnity bond is obtained as provided in § 47-8-403(d) ; and (7) the transfer is in fact rightful or is to a protected purchaser. (b) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person's principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer. Acts 1997, ch. 79, § 1.
(a) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer as requested if: (1) under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name; (2) the endorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person; (3) reasonable assurance is given that the endorsement or instruction is genuine and authorized (§ 47-8-402 ); (4) any applicable law relating to the collection of taxes has been complied with; (5) the transfer does not violate any restriction on transfer imposed by the issuer in accordance with § 47-8-204 ; (6) a demand that the issuer not register transfer has not become effective under § 47-8-403 , or the issuer has complied with § 47-8-403(b) but no legal process or indemnity bond is obtained as provided in § 47-8-403(d) ; and (7) the transfer is in fact rightful or is to a protected purchaser.
(1) under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name;
(2) the endorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person;
(3) reasonable assurance is given that the endorsement or instruction is genuine and authorized (§ 47-8-402 );
(4) any applicable law relating to the collection of taxes has been complied with;
(5) the transfer does not violate any restriction on transfer imposed by the issuer in accordance with § 47-8-204 ;
(6) a demand that the issuer not register transfer has not become effective under § 47-8-403 , or the issuer has complied with § 47-8-403(b) but no legal process or indemnity bond is obtained as provided in § 47-8-403(d) ; and
(7) the transfer is in fact rightful or is to a protected purchaser.
(b) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person's principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-18-1809 — TN Code / Title 47 / Chapter 18 / Section 47-18-1809
Construction with federal law
Status: in_force

(a) This part shall be construed in accordance with 19 U.S.C § 1304 and the regulations promulgated and rulings and decisions made thereunder. (b) Nothing in this part shall alter or amend the applicability to a wholesale or retail grocer of 19 U.S.C. § 1304 and any regulations promulgated thereunder. Acts 1997, ch. 244, §§ 9, 11.
(a) This part shall be construed in accordance with 19 U.S.C § 1304 and the regulations promulgated and rulings and decisions made thereunder.
(b) Nothing in this part shall alter or amend the applicability to a wholesale or retail grocer of 19 U.S.C. § 1304 and any regulations promulgated thereunder.
Acts 1997, ch. 244, §§ 9, 11.
Tenn. Code Ann. § 47-8-207 — TN Code / Title 47 / Chapter 8 / Section 47-8-207
Rights and duties of issuer with respect to registered owners
Status: in_force

(a) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an uncertificated security, the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, receive notifications, and otherwise exercise all the rights and powers of an owner. (b) This chapter does not affect the liability of the registered owner of a security for a call, assessment, or the like. Acts 1997, ch. 79, § 1.
(a) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an uncertificated security, the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, receive notifications, and otherwise exercise all the rights and powers of an owner.
(b) This chapter does not affect the liability of the registered owner of a security for a call, assessment, or the like.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-50-104 — TN Code / Title 47 / Chapter 50 / Section 47-50-104
Failure of consideration - Defense
Status: in_force

The want or failure, in whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by anyone who is not an innocent and bona fide holder. Code 1858, § 1806 (deriv. Acts 1849-1850, ch. 20, § 1; 1849-1850, ch. 60, §1); Shan., §3215; Code 1932, § 7830; T.C.A. (orig. ed.), §§ 47-1703, 47-15-104.
The want or failure, in whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by anyone who is not an innocent and bona fide holder.
Code 1858, § 1806 (deriv. Acts 1849-1850, ch. 20, § 1; 1849-1850, ch. 60, §1); Shan., §3215; Code 1932, § 7830; T.C.A. (orig. ed.), §§ 47-1703, 47-15-104.
Tenn. Code Ann. § 47-2-707 — TN Code / Title 47 / Chapter 2 / Section 47-2-707
"Person in the position of a seller"
Status: in_force

(1) A "person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller. (2) A person in the position of a seller may as provided in this chapter withhold or stop delivery (§ 47-2-705 ) and resell (§ 47-2-706 ) and recover incidental damages (§ 47-2-710 ). Acts 1963, ch. 81, § 1 (2-707).
(1) A "person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller.
(2) A person in the position of a seller may as provided in this chapter withhold or stop delivery (§ 47-2-705 ) and resell (§ 47-2-706 ) and recover incidental damages (§ 47-2-710 ).
Acts 1963, ch. 81, § 1 (2-707).
Tenn. Code Ann. § 47-18-1103 — TN Code / Title 47 / Chapter 18 / Section 47-18-1103
Authority to proceed against pyramid promotional schemes for any other violations of state law not limited
Status: in_force

Nothing in this part shall limit the authority of any state official from proceeding against pyramid promotional schemes for other violations of state law. Acts 2014, ch. 802, § 1.
Nothing in this part shall limit the authority of any state official from proceeding against pyramid promotional schemes for other violations of state law.
Acts 2014, ch. 802, § 1.
Tenn. Code Ann. § 47-26-808 — TN Code / Title 47 / Chapter 26 / Section 47-26-808
Oath of weigher - Compensation - Signature and seal
Status: in_force

(a) Each certified public weigher shall, before entering upon such duties, make oath to execute faithfully such duties and file the oath with the commissioner. (b) The issuance of a license as a certified public weigher shall not oblige the state to pay the licensee any compensation for services as a certified public weigher. (c) Each certified public weigher shall register with the commissioner a copy of the weigher's official signature and shall, at the weigher's own expense, obtain a seal. Acts 1981, ch. 389, § 9; T.C.A., § 71-808; Acts 2000, ch. 597, § 3.
(a) Each certified public weigher shall, before entering upon such duties, make oath to execute faithfully such duties and file the oath with the commissioner.
(b) The issuance of a license as a certified public weigher shall not oblige the state to pay the licensee any compensation for services as a certified public weigher.
(c) Each certified public weigher shall register with the commissioner a copy of the weigher's official signature and shall, at the weigher's own expense, obtain a seal.
Acts 1981, ch. 389, § 9; T.C.A., § 71-808; Acts 2000, ch. 597, § 3.
Tenn. Code Ann. § 47-18-1009 — TN Code / Title 47 / Chapter 18 / Section 47-18-1009
Limitation of actions
Status: in_force

A private action to enforce any liability created under this part may be brought within two (2) years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this part to be disclosed to a consumer, and the information so misrepresented is material to the establishment of the defendant's liability to that consumer under this part, the action may be brought at any time within two (2) years after discovery by the consumer of the misrepresentation. No action brought by the attorney general and reporter shall be subject to the limitation of actions contained herein. Acts 1988, ch. 897, § 9; 1998, ch. 854, § 7.
A private action to enforce any liability created under this part may be brought within two (2) years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this part to be disclosed to a consumer, and the information so misrepresented is material to the establishment of the defendant's liability to that consumer under this part, the action may be brought at any time within two (2) years after discovery by the consumer of the misrepresentation. No action brought by the attorney general and reporter shall be subject to the limitation of actions contained herein.
Acts 1988, ch. 897, § 9; 1998, ch. 854, § 7.
Tenn. Code Ann. § 47-9-804 — TN Code / Title 47 / Chapter 9 / Section 47-9-804
Security interest unperfected before effective date
Status: in_force

A security interest that is an unperfected security interest immediately before this act takes effect becomes a perfected security interest: (1) Without further action, when this act takes effect if the applicable requirements for perfection under this chapter as amended by this act are satisfied before or at that time; or (2) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time. Acts 2012, ch. 708, § 20.
A security interest that is an unperfected security interest immediately before this act takes effect becomes a perfected security interest:
(1) Without further action, when this act takes effect if the applicable requirements for perfection under this chapter as amended by this act are satisfied before or at that time; or
(2) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-18-5525 — TN Code / Title 47 / Chapter 18 / Section 47-18-5525
Voidable agreements
Status: in_force

(a) If a provider imposes a fee or other charge or receives money or other payments not authorized by § 47-18-5523 or § 47-18-5524 , the individual may void the agreement and recover as provided in § 47-18-5535 . (b) If a provider is not registered as required by this part when an individual assents to an agreement, the agreement is voidable by the individual. (c) If an individual voids an agreement under subsection (b), the provider does not have a claim against the individual for breach of contract or for restitution. Acts 2009, ch. 469, § 1.
(a) If a provider imposes a fee or other charge or receives money or other payments not authorized by § 47-18-5523 or § 47-18-5524 , the individual may void the agreement and recover as provided in § 47-18-5535 .
(b) If a provider is not registered as required by this part when an individual assents to an agreement, the agreement is voidable by the individual.
(c) If an individual voids an agreement under subsection (b), the provider does not have a claim against the individual for breach of contract or for restitution.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-25-514 — TN Code / Title 47 / Chapter 25 / Section 47-25-514
Remedies - Penalties for violations
Status: in_force

(a) Any owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as such court may deem just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and/or reasonable attorneys' fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case. (b) The enumeration of any right or remedy in this part shall not affect a registrant's right to prosecute under any penal law of this state. Acts 1982, ch. 698, § 14; T.C.A., §§ 69-542, 47-25-434; Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 47-25-513 ; Acts 2000, ch. 671, § 1.
(a) Any owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as such court may deem just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and/or reasonable attorneys' fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b) The enumeration of any right or remedy in this part shall not affect a registrant's right to prosecute under any penal law of this state.
Acts 1982, ch. 698, § 14; T.C.A., §§ 69-542, 47-25-434; Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 47-25-513 ; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-18-5205 — TN Code / Title 47 / Chapter 18 / Section 47-18-5205
Violation of part constituting violation of the Tennessee Consumer Protection Act - Application and construction
Status: in_force

(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act. (b) For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting trade or commerce and subject to the penalties and remedies as provided in such act, in addition to the penalties and remedies set forth in this part. (c) If the attorney general has reason to believe that a person has violated this part, then the attorney general may institute a proceeding under this chapter. Amended by 2019 Tenn. Acts, ch. 459,s 51, eff. 9/30/2019. Acts 2006, ch. 566, § 6.
(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act.
(b) For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting trade or commerce and subject to the penalties and remedies as provided in such act, in addition to the penalties and remedies set forth in this part.
(c) If the attorney general has reason to believe that a person has violated this part, then the attorney general may institute a proceeding under this chapter.
Amended by 2019 Tenn. Acts, ch. 459,s 51, eff. 9/30/2019.
Acts 2006, ch. 566, § 6.