Tenn. Code Ann. § 47-26-909 — TN Code / Title 47 / Chapter 26 / Section 47-26-909
Powers and duties of the commissioner
Status: in_force

The commissioner shall: (1) Maintain traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology; (2) Enforce this part; (3) Issue reasonable regulations for the enforcement of this part, which regulations shall have the force and effect of law; (4) Establish labeling requirements, establish standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity; and may establish requirements for open dating information and requirements for the presentation of cost-per-unit information; (5) Grant any exemptions from this part or any regulations promulgated pursuant thereto when appropriate to the maintenance of good commercial practices within the state; (6) Conduct investigations to ensure compliance with this part; (7) Delegate to appropriate personnel any of these responsibilities for the proper administration of this office; (8) Test annually the standards of weight and measure used by any city or county weights and measures jurisdiction within the state, and approve the same when found to be correct; (9) Inspect and test, as often as the commissioner deems necessary, weights and measures kept, offered, or exposed for sale; (10) Inspect and test, as often as the commissioner deems necessary, to ascertain if they are correct, weights and measures commercially used: (A) In determining the weight, measure, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count; or (B) In computing the basic charge or payment for services rendered on the basis of weight, measure, or count; (11) Test, from time to time, weights and measures used in checking the receipt or disbursement of supplies in institutions, for the maintenance of which funds are appropriated by the general assembly; (12) Approve for use, and may mark, such weights and measures as are found to be correct, and shall reject and mark as rejected such weights and measures as are found to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The commissioner may condemn and may seize the weights and measures found to be incorrect that are not capable of being made correct; (A) Weights and measures that have been rejected under the authority of the commissioner or of a sealer shall remain subject to the control of the rejecting authority until such time suitable repair or disposition thereof has been made as required by this section; (B) The owners of such rejected weights and measures shall cause the same to be made correct within the time frame allowed by the rejecting authority; or in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority; (C) Weights and measures that have been rejected may only be used again commercially by permission of the rejecting authority until repairs have been completed; (D) The purpose of this subdivision (12) is to authorize the commissioner to render inoperable such weights and measures as are found to be incorrect, until such time suitable repair or disposition thereof has been made. Nothing in this part shall be construed to authorize the commissioner or the commissioner's representative to confiscate and take actual physical possession of a weight and measure found to be incorrect, except as provided for in § 47-26-910(3) ; (13) Weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this part or regulations promulgated pursuant thereto. In carrying out this section, the commissioner shall employ recognized sampling procedures such as are designated in the National Institute of Standards and Technology Handbook 133. No person shall: (A) Sell or keep, offer, or expose for sale any package or commodity or amount of commodity that has been ordered off sale or marked or tagged as provided in this section, unless and until such package or amount of commodity has been brought into full compliance with legal requirements; or (B) Dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and has not been brought into compliance with legal requirements, in any manner except with the specific approval of the commissioner; (14) Prescribe, by regulation, the appropriate term or unit of weight or measure to be used, whenever the commissioner determines that an existing practice of declaring the quantity of a commodity or setting charges for a service by weight, measure, numerical count, time, or combination thereof, does not facilitate value comparisons by consumers, or offers an opportunity for consumer confusion; (15) Allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce; (16) Provide for the training of weights and measures personnel, and may also establish minimum training and performance requirements which shall then be met by all weights and measures personnel, whether county, city, or state. The commissioner may adopt the training standards of the National Conference on Weights and Measures National Training Program; (17) Investigate complaints made to the commissioner concerning violations of this part and pursuant regulations, and shall, upon the commissioner's own initiative, conduct such investigations as the commissioner deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of this part and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions; (18) Verify advertised prices, price representations, and point-of-sale systems, as deemed necessary, to determine the accuracy of prices and computations and the correct use of the equipment, and if such system utilizes scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database; (19) Charge fees for services provided by the metrology laboratory pursuant to rules promulgated by the commissioner for tolerance testing, calibration, and certifying any standards and testing equipment as performed by the department of agriculture that is used in the performance of service and testing functions with respect to weighing and measuring devices pursuant to the requirements of this chapter; and (20) Require a fee for commercial weighing and measuring equipment pursuant to the requirements of this part; the fee shall be set by rule pursuant to § 43-1-703 . Amended by 2015 Tenn. Acts, ch. 485,s 27, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 485,s 26, eff. 7/1/2015. Acts 1997, ch. 311, § 1; 2002, ch. 640, §§ 19, 20.
The commissioner shall:
(1) Maintain traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology;
(2) Enforce this part;
(3) Issue reasonable regulations for the enforcement of this part, which regulations shall have the force and effect of law;
(4) Establish labeling requirements, establish standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity; and may establish requirements for open dating information and requirements for the presentation of cost-per-unit information;
(5) Grant any exemptions from this part or any regulations promulgated pursuant thereto when appropriate to the maintenance of good commercial practices within the state;
(6) Conduct investigations to ensure compliance with this part;
(7) Delegate to appropriate personnel any of these responsibilities for the proper administration of this office;
(8) Test annually the standards of weight and measure used by any city or county weights and measures jurisdiction within the state, and approve the same when found to be correct;
(9) Inspect and test, as often as the commissioner deems necessary, weights and measures kept, offered, or exposed for sale;
(10) Inspect and test, as often as the commissioner deems necessary, to ascertain if they are correct, weights and measures commercially used: (A) In determining the weight, measure, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count; or (B) In computing the basic charge or payment for services rendered on the basis of weight, measure, or count;
(A) In determining the weight, measure, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count; or
(B) In computing the basic charge or payment for services rendered on the basis of weight, measure, or count;
(11) Test, from time to time, weights and measures used in checking the receipt or disbursement of supplies in institutions, for the maintenance of which funds are appropriated by the general assembly;
(12) Approve for use, and may mark, such weights and measures as are found to be correct, and shall reject and mark as rejected such weights and measures as are found to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The commissioner may condemn and may seize the weights and measures found to be incorrect that are not capable of being made correct; (A) Weights and measures that have been rejected under the authority of the commissioner or of a sealer shall remain subject to the control of the rejecting authority until such time suitable repair or disposition thereof has been made as required by this section; (B) The owners of such rejected weights and measures shall cause the same to be made correct within the time frame allowed by the rejecting authority; or in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority; (C) Weights and measures that have been rejected may only be used again commercially by permission of the rejecting authority until repairs have been completed; (D) The purpose of this subdivision (12) is to authorize the commissioner to render inoperable such weights and measures as are found to be incorrect, until such time suitable repair or disposition thereof has been made. Nothing in this part shall be construed to authorize the commissioner or the commissioner's representative to confiscate and take actual physical possession of a weight and measure found to be incorrect, except as provided for in § 47-26-910(3) ;
(A) Weights and measures that have been rejected under the authority of the commissioner or of a sealer shall remain subject to the control of the rejecting authority until such time suitable repair or disposition thereof has been made as required by this section;
(B) The owners of such rejected weights and measures shall cause the same to be made correct within the time frame allowed by the rejecting authority; or in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority;
(C) Weights and measures that have been rejected may only be used again commercially by permission of the rejecting authority until repairs have been completed;
(D) The purpose of this subdivision (12) is to authorize the commissioner to render inoperable such weights and measures as are found to be incorrect, until such time suitable repair or disposition thereof has been made. Nothing in this part shall be construed to authorize the commissioner or the commissioner's representative to confiscate and take actual physical possession of a weight and measure found to be incorrect, except as provided for in § 47-26-910(3) ;
(13) Weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this part or regulations promulgated pursuant thereto. In carrying out this section, the commissioner shall employ recognized sampling procedures such as are designated in the National Institute of Standards and Technology Handbook 133. No person shall: (A) Sell or keep, offer, or expose for sale any package or commodity or amount of commodity that has been ordered off sale or marked or tagged as provided in this section, unless and until such package or amount of commodity has been brought into full compliance with legal requirements; or (B) Dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and has not been brought into compliance with legal requirements, in any manner except with the specific approval of the commissioner;
(A) Sell or keep, offer, or expose for sale any package or commodity or amount of commodity that has been ordered off sale or marked or tagged as provided in this section, unless and until such package or amount of commodity has been brought into full compliance with legal requirements; or
(B) Dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and has not been brought into compliance with legal requirements, in any manner except with the specific approval of the commissioner;
(14) Prescribe, by regulation, the appropriate term or unit of weight or measure to be used, whenever the commissioner determines that an existing practice of declaring the quantity of a commodity or setting charges for a service by weight, measure, numerical count, time, or combination thereof, does not facilitate value comparisons by consumers, or offers an opportunity for consumer confusion;
(15) Allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce;
(16) Provide for the training of weights and measures personnel, and may also establish minimum training and performance requirements which shall then be met by all weights and measures personnel, whether county, city, or state. The commissioner may adopt the training standards of the National Conference on Weights and Measures National Training Program;
(17) Investigate complaints made to the commissioner concerning violations of this part and pursuant regulations, and shall, upon the commissioner's own initiative, conduct such investigations as the commissioner deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of this part and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions;
(18) Verify advertised prices, price representations, and point-of-sale systems, as deemed necessary, to determine the accuracy of prices and computations and the correct use of the equipment, and if such system utilizes scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database;
(19) Charge fees for services provided by the metrology laboratory pursuant to rules promulgated by the commissioner for tolerance testing, calibration, and certifying any standards and testing equipment as performed by the department of agriculture that is used in the performance of service and testing functions with respect to weighing and measuring devices pursuant to the requirements of this chapter; and
(20) Require a fee for commercial weighing and measuring equipment pursuant to the requirements of this part; the fee shall be set by rule pursuant to § 43-1-703 .
Amended by 2015 Tenn. Acts, ch. 485,s 27, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 485,s 26, eff. 7/1/2015.
Acts 1997, ch. 311, § 1; 2002, ch. 640, §§ 19, 20.
Tenn. Code Ann. § 47-7-209 — TN Code / Title 47 / Chapter 7 / Section 47-7-209
Lien of warehouse
Status: in_force

(a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for those charges and expenses, whether or not the other goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse's lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt. (b) A warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (a), such as for money advanced and interest. The security interest is governed by chapter 9 of this title. (c) A warehouse's lien for charges and expenses under subsection (a) or a security interest under subsection (b) is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good-faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery under § 47-7-403 ; or (C) Power of disposition under § 47-2A-304(2) , § 47-2A-305(2) , § 47-9-320 , or § 47-9-321(c) or other statute or rule of law; or (2) Acquiesce in the procurement by the bailor or its nominee of any document. (d) A warehouse's lien on household goods for charges and expenses in relation to the goods under subsection (a) is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection (d), "household goods" means furniture, furnishings, or personal effects used by the depositor in a dwelling. (e) A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver. Acts 2008, ch. 814, § 1.
(a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for those charges and expenses, whether or not the other goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse's lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt.
(b) A warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (a), such as for money advanced and interest. The security interest is governed by chapter 9 of this title.
(c) A warehouse's lien for charges and expenses under subsection (a) or a security interest under subsection (b) is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good-faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery under § 47-7-403 ; or (C) Power of disposition under § 47-2A-304(2) , § 47-2A-305(2) , § 47-9-320 , or § 47-9-321(c) or other statute or rule of law; or (2) Acquiesce in the procurement by the bailor or its nominee of any document.
(1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery under § 47-7-403 ; or (C) Power of disposition under § 47-2A-304(2) , § 47-2A-305(2) , § 47-9-320 , or § 47-9-321(c) or other statute or rule of law; or
(A) Actual or apparent authority to ship, store, or sell;
(B) Power to obtain delivery under § 47-7-403 ; or
(C) Power of disposition under § 47-2A-304(2) , § 47-2A-305(2) , § 47-9-320 , or § 47-9-321(c) or other statute or rule of law; or
(2) Acquiesce in the procurement by the bailor or its nominee of any document.
(d) A warehouse's lien on household goods for charges and expenses in relation to the goods under subsection (a) is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection (d), "household goods" means furniture, furnishings, or personal effects used by the depositor in a dwelling.
(e) A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-5522 — TN Code / Title 47 / Chapter 18 / Section 47-18-5522
Trust account
Status: in_force

(a) All money paid to a provider by or on behalf of an individual for distribution to creditors pursuant to a plan is held in trust. Within two (2) business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to whom the provider is furnishing debt-management services. (b) Money held in trust by a provider is not property of the provider or its designee. The money is not available to creditors of the provider or designee, except an individual from whom or on whose behalf the provider received money, to the extent that the money has not been disbursed to creditors of the individual. (c) A provider shall: (1) Maintain separate records of account for each individual to whom the provider is furnishing debt-management services; (2) Disburse money paid by or on behalf of the individual to creditors of the individual as disclosed in the agreement, except that: (A) The provider may delay payment to the extent that a payment by the individual is not final; and (B) If a plan provides for regular periodic payments to creditors, the disbursement must comply with the due dates established by each creditor; and (3) Promptly correct any payments that are not made or that are misdirected as a result of an error by the provider or other person in control of the trust account and reimburse the individual for any costs or fees imposed by a creditor as a result of the failure to pay or misdirection. (d) A provider may not commingle money in a trust account established for the benefit of individuals to whom the provider is furnishing debt-management services with money of other persons. (e) A trust account must at all times have a cash balance equal to the sum of the balances of each individual's account. (f) If a provider has established a trust account pursuant to subsection (a), the provider shall reconcile the trust account at least once a month. The reconciliation must compare the cash balance in the trust account with the sum of the balances in each individual's account. If the provider or its designee has more than one (1) trust account, each trust account must be individually reconciled. (g) If a provider discovers, or has a reasonable suspicion of, embezzlement or other unlawful appropriation of money held in trust, the provider immediately shall notify the administrator by a method approved by the administrator. Unless the administrator by rule provides otherwise, within five (5) days thereafter, the provider shall give notice to the administrator describing the remedial action taken or to be taken. (h) If an individual terminates an agreement or it becomes reasonably apparent to a provider that a plan has failed, the provider shall promptly refund to the individual all money paid by or on behalf of the individual that has not been paid to creditors, less fees that are payable to the provider under § 47-18-5523 . (i) Before relocating a trust account from one bank to another, a provider shall inform the administrator of the name, business address and telephone number of the new bank. As soon as practicable, the provider shall inform the administrator of the account number of the trust account at the new bank. Acts 2009, ch. 469, § 1.
(a) All money paid to a provider by or on behalf of an individual for distribution to creditors pursuant to a plan is held in trust. Within two (2) business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to whom the provider is furnishing debt-management services.
(b) Money held in trust by a provider is not property of the provider or its designee. The money is not available to creditors of the provider or designee, except an individual from whom or on whose behalf the provider received money, to the extent that the money has not been disbursed to creditors of the individual.
(c) A provider shall: (1) Maintain separate records of account for each individual to whom the provider is furnishing debt-management services; (2) Disburse money paid by or on behalf of the individual to creditors of the individual as disclosed in the agreement, except that: (A) The provider may delay payment to the extent that a payment by the individual is not final; and (B) If a plan provides for regular periodic payments to creditors, the disbursement must comply with the due dates established by each creditor; and (3) Promptly correct any payments that are not made or that are misdirected as a result of an error by the provider or other person in control of the trust account and reimburse the individual for any costs or fees imposed by a creditor as a result of the failure to pay or misdirection.
(1) Maintain separate records of account for each individual to whom the provider is furnishing debt-management services;
(2) Disburse money paid by or on behalf of the individual to creditors of the individual as disclosed in the agreement, except that: (A) The provider may delay payment to the extent that a payment by the individual is not final; and (B) If a plan provides for regular periodic payments to creditors, the disbursement must comply with the due dates established by each creditor; and
(A) The provider may delay payment to the extent that a payment by the individual is not final; and
(B) If a plan provides for regular periodic payments to creditors, the disbursement must comply with the due dates established by each creditor; and
(3) Promptly correct any payments that are not made or that are misdirected as a result of an error by the provider or other person in control of the trust account and reimburse the individual for any costs or fees imposed by a creditor as a result of the failure to pay or misdirection.
(d) A provider may not commingle money in a trust account established for the benefit of individuals to whom the provider is furnishing debt-management services with money of other persons.
(e) A trust account must at all times have a cash balance equal to the sum of the balances of each individual's account.
(f) If a provider has established a trust account pursuant to subsection (a), the provider shall reconcile the trust account at least once a month. The reconciliation must compare the cash balance in the trust account with the sum of the balances in each individual's account. If the provider or its designee has more than one (1) trust account, each trust account must be individually reconciled.
(g) If a provider discovers, or has a reasonable suspicion of, embezzlement or other unlawful appropriation of money held in trust, the provider immediately shall notify the administrator by a method approved by the administrator. Unless the administrator by rule provides otherwise, within five (5) days thereafter, the provider shall give notice to the administrator describing the remedial action taken or to be taken.
(h) If an individual terminates an agreement or it becomes reasonably apparent to a provider that a plan has failed, the provider shall promptly refund to the individual all money paid by or on behalf of the individual that has not been paid to creditors, less fees that are payable to the provider under § 47-18-5523 .
(i) Before relocating a trust account from one bank to another, a provider shall inform the administrator of the name, business address and telephone number of the new bank. As soon as practicable, the provider shall inform the administrator of the account number of the trust account at the new bank.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-2a-525 — TN Code / Title 47 / Chapter 2a / Section 47-2a-525
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) C. DEFAULT BY LESSEE (§§ 47-2A-523 — 47-2A-532) Section 47-2A-525 - Lessor's right to possession of goods
Status: in_force

(1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. (2) After a default by the lessee under the lease contract of the type described in § 47-2A-523(1) or § 47-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises (§ 47-2A-527 ). (3) The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action. Acts 1993, ch. 398, § 1.
(1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.
(2) After a default by the lessee under the lease contract of the type described in § 47-2A-523(1) or § 47-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises (§ 47-2A-527 ).
(3) The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-9-343 — TN Code / Title 47 / Chapter 9 / Section 47-9-343
Security interest in favor of interest owners to secure obligations of the first purchaser of oil and gas production to pay the purchase price
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "First purchaser" means the first person who purchases oil or gas production from an operator or interest owner after the production is severed, or an operator that receives production proceeds from a third-party purchaser who acts in good faith under a division order or other agreement authenticated by the operator under which the operator collects proceeds of production on behalf of other interest owners. To the extent the operator receives proceeds attributable to the interest of other interest owners from a third-party purchaser who acts in good faith under a division order or other agreement authenticated by such operator, the operator is considered to be the first purchaser of the production for all purposes under this section, notwithstanding the characterization of other persons as first purchasers under other laws or regulations. To the extent the operator has not received from the third-party purchaser proceeds attributable to the operator's interest and the interest of other interest owners, the operator is not considered the first purchaser for the purposes of this section and is entitled to all rights and benefits under this section. Nothing in this section impairs or affects any rights otherwise held by a royalty owner to take its share of oil in kind or to receive payment directly from a third-party purchaser for the royalty owner's share of oil production, with or without a previously made agreement; (2) "Interest owner" means a person owning an entire or fractional interest, of any kind or nature, in oil or gas production at the time of severance, or a person who has an express, implied, or constructive right to receive a monetary payment determined by the value of oil or gas production or by the amount of production; (3) "Oil and gas production" means any oil, natural gas, condensate of either, natural gas liquids, other gaseous, liquid, or dissolved hydrocarbons, sulfur, or helium, or other substance produced as a by-product or adjunct to their production, or any combination of these, that is severed, extracted, or produced from the ground within the jurisdiction of this state. Any such substance, including recoverable or recovered natural gas liquids, that is transported to or in a natural gas pipeline or natural gas gathering system, or otherwise transported or sold for use as natural gas, or is transported or sold for the extraction of helium or natural gas liquids, is "gas production." Any such substance that is transported or sold to persons and for purposes not included in the natural gas definition is "oil production;" and (4) "Operator" means a person engaged in the business of severing oil or gas production from the ground, whether for the person alone, only for other persons, or for the person and others. (b) This section provides a security interest in favor of interest owners, as secured parties, to secure the obligations of the first purchaser of oil and gas production, as debtor, to pay the purchase price. An authenticated record giving the interest owner a right operates as a security agreement created under this chapter. The act of the first purchaser in signing an agreement to purchase oil or gas production, in issuing a division order, or in making any other voluntary communication to the interest owner or any governmental agency recognizing the interest owner's right operates as an authentication of a security agreement in accordance with § 47-9-203(b) for purposes of this chapter. (c) The security interest provided by this section is perfected automatically without the filing of a financing statement. If the interest of the secured party is evidenced by a deed, mineral deed, reservation in either, oil or gas lease, assignment, or any other such record recorded in the real property records of a register of deeds, that record is effective as a filed financing statement for purposes of this chapter, but no fee is required, except a fee that is otherwise required by the register of deeds, and there is no requirement of refiling every five (5) years to maintain effectiveness of the filing. (d) The security interest exists in oil and gas production, and also in the identifiable proceeds of that production owned by, received by, or due to the first purchaser: (1) For an unlimited time, if: (A) The proceeds are oil or gas production, inventory of raw, refined, or manufactured oil or gas production, or rights to or products of any of those, although the sale of those proceeds by a first purchaser to a buyer in the ordinary course of business, as provided in subsection (f), cuts off the security interest in those proceeds; (B) The proceeds are accounts, chattel paper, instruments, documents, or payment intangibles; or (C) The proceeds are cash proceeds, as defined in § 47-9-102 ; and (2) For the length of time provided in § 47-9-315 for all other proceeds. (e) This section creates a lien that secures the payment of all taxes that are or should be withheld or paid by the first purchaser, and a lien that secures the rights of any person who would be entitled to a security interest under subsection (b), except for lack of any adoption of a security agreement by the first purchaser, or for a lack of possession or record required by § 47-9-203 for the security interest to be enforceable. (f) The security interests and liens created by this section have priority over any purchaser who is not a buyer in the ordinary course of the first purchaser's business, but are cut off by the sale to a buyer from the first purchaser who is in the ordinary course of the first purchaser's business under § 47-9-320(a) . In either case, whether or not the buyer from the first purchaser is in ordinary course, a security interest will continue in the proceeds of the sale by the first purchaser, as provided in subsection (d). (g) The security interests and all liens created by this section have the following priorities over other security interests created by this chapter: (1) A security interest created by this section is treated as a purchase-money security interest for purposes of determining its relative priority under § 47-9-324 over other security interests not provided for by this section. A holder of a security interest created under this section is not required to give the written notice every five (5) years as provided in § 47-9-324(b)(3) to have purchase-money priority over a security interest with a prior financing statement covering inventory; and (2) A statutory lien is subordinate to all other perfected security interests created by this chapter, and has priority over unperfected security interests created by this chapter and the lien creditors, buyers, and transferees mentioned in § 47-9-317 . (h) The security interests and liens created by this section have the following priorities among themselves: (1) If a record effective as a filed financing statement under subsection (c) exists, the security interests perfected by that record have priority over a security interest automatically perfected without filing under subsection (c). If several security interests perfected by records exist, they have the same priority among themselves as established by law for interests in oil and gas in place. If property law establishes no priority among them, they share priority pro rata; (2) A security interest perfected automatically without filing under subsection (c) has priority over a lien created under subsection (e); and (3) A nontax lien under subsection (e) has priority over a lien created under subsection (e) that secures the payment of taxes. (i) The priorities for statutory liens mentioned in § 47-9-333 do not apply to any security interest or statutory lien created by this section, but if a pipeline common carrier has a statutory or tariff lien that is effective and enforceable against a trustee in bankruptcy and not invalidated by the federal Tax Lien Act, that lien has priority over the security interests and statutory liens created by this section. (j) If oil or gas production in which there are security interests or statutory liens created by this section is commingled with inventory or other production, the rules of § 47-9-336 apply. (k) A security interest or statutory lien created by this section remains effective against the debtor and perfected against the debtor's creditors, even if assigned, regardless of whether the assignment is perfected against the assignor's creditors. If a deed, mineral deed, assignment of oil and gas lease, or other such record evidencing the assignment is filed in the real property records of the county, the filing will have the same effect as filing an amended financing statement under § 47-9-514 . (l) This section does not impair an operator's right to set off or withhold funds from other interest owners as security for, or in satisfaction of, any debt or security interest. In case of a dispute between an operator and another interest owner, a good faith tender of funds by anyone to the person whom the operator and other interest owner agree on, to a person who otherwise shows that person to be the one entitled to the funds, or to a court of competent jurisdiction in the event of litigation or bankruptcy, operates as a tender of the funds to both. (m) A first purchaser who acts in good faith may terminate an interest owner's security interest or statutory lien under this section by paying, or by making and keeping open a tender of, the amount the first purchaser believes to be due to the interest owner: (1) If the interest owner's rights are to oil or gas production or its proceeds, either to the operator alone, in which event the operator is considered the first purchaser, or to some combination of the interest owner and the operator, as the first purchaser chooses; (2) Whatever the nature of the production to which the interest owner has rights, to the person whom the interest owner agreed to or acquiesced in; or (3) To a court of competent jurisdiction in the event of litigation or bankruptcy. (n) A person who buys from a first purchaser can ensure that the person buys free and clear of an interest owner's security interest or statutory lien under this section: (1) By buying in the ordinary course of the first purchaser's business from the first purchaser under § 47-9-320(a) ; (2) By obtaining the interest owner's consent to the sale under § 47-9-315(a)(1) ; (3) By ensuring that the first purchaser has paid the interest owner, or, provided that gas production is involved, the interest owner has so agreed or acquiesced, by ensuring that the first purchaser has paid the interest owner's operator; or (4) By ensuring that the person or the first purchaser or some other person has withheld funds sufficient to pay amounts in dispute and has maintained a tender of those funds to whoever shows that person to be the person entitled. (o) If a tender under subdivision (n)(4) that is valid thereafter fails, the security interest and liens governed by this section remain effective. (p) In addition to the usual remedy of sequestration available to secured parties, the holders of security interests and liens created by this section have available to them, to the extent constitutionally permitted, the remedies of replevin, attachment, and garnishment to assist them in realizing upon their rights. (q) The rights of any person claiming under a security interest or lien created by this section are governed by the other provisions of this chapter, except to the extent that this section necessarily displaces those provisions. This section does not invalidate or otherwise affect the interests of any person in any real property before severance of any oil or gas production. Acts 2005, ch. 266, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "First purchaser" means the first person who purchases oil or gas production from an operator or interest owner after the production is severed, or an operator that receives production proceeds from a third-party purchaser who acts in good faith under a division order or other agreement authenticated by the operator under which the operator collects proceeds of production on behalf of other interest owners. To the extent the operator receives proceeds attributable to the interest of other interest owners from a third-party purchaser who acts in good faith under a division order or other agreement authenticated by such operator, the operator is considered to be the first purchaser of the production for all purposes under this section, notwithstanding the characterization of other persons as first purchasers under other laws or regulations. To the extent the operator has not received from the third-party purchaser proceeds attributable to the operator's interest and the interest of other interest owners, the operator is not considered the first purchaser for the purposes of this section and is entitled to all rights and benefits under this section. Nothing in this section impairs or affects any rights otherwise held by a royalty owner to take its share of oil in kind or to receive payment directly from a third-party purchaser for the royalty owner's share of oil production, with or without a previously made agreement; (2) "Interest owner" means a person owning an entire or fractional interest, of any kind or nature, in oil or gas production at the time of severance, or a person who has an express, implied, or constructive right to receive a monetary payment determined by the value of oil or gas production or by the amount of production; (3) "Oil and gas production" means any oil, natural gas, condensate of either, natural gas liquids, other gaseous, liquid, or dissolved hydrocarbons, sulfur, or helium, or other substance produced as a by-product or adjunct to their production, or any combination of these, that is severed, extracted, or produced from the ground within the jurisdiction of this state. Any such substance, including recoverable or recovered natural gas liquids, that is transported to or in a natural gas pipeline or natural gas gathering system, or otherwise transported or sold for use as natural gas, or is transported or sold for the extraction of helium or natural gas liquids, is "gas production." Any such substance that is transported or sold to persons and for purposes not included in the natural gas definition is "oil production;" and (4) "Operator" means a person engaged in the business of severing oil or gas production from the ground, whether for the person alone, only for other persons, or for the person and others.
(1) "First purchaser" means the first person who purchases oil or gas production from an operator or interest owner after the production is severed, or an operator that receives production proceeds from a third-party purchaser who acts in good faith under a division order or other agreement authenticated by the operator under which the operator collects proceeds of production on behalf of other interest owners. To the extent the operator receives proceeds attributable to the interest of other interest owners from a third-party purchaser who acts in good faith under a division order or other agreement authenticated by such operator, the operator is considered to be the first purchaser of the production for all purposes under this section, notwithstanding the characterization of other persons as first purchasers under other laws or regulations. To the extent the operator has not received from the third-party purchaser proceeds attributable to the operator's interest and the interest of other interest owners, the operator is not considered the first purchaser for the purposes of this section and is entitled to all rights and benefits under this section. Nothing in this section impairs or affects any rights otherwise held by a royalty owner to take its share of oil in kind or to receive payment directly from a third-party purchaser for the royalty owner's share of oil production, with or without a previously made agreement;
(2) "Interest owner" means a person owning an entire or fractional interest, of any kind or nature, in oil or gas production at the time of severance, or a person who has an express, implied, or constructive right to receive a monetary payment determined by the value of oil or gas production or by the amount of production;
(3) "Oil and gas production" means any oil, natural gas, condensate of either, natural gas liquids, other gaseous, liquid, or dissolved hydrocarbons, sulfur, or helium, or other substance produced as a by-product or adjunct to their production, or any combination of these, that is severed, extracted, or produced from the ground within the jurisdiction of this state. Any such substance, including recoverable or recovered natural gas liquids, that is transported to or in a natural gas pipeline or natural gas gathering system, or otherwise transported or sold for use as natural gas, or is transported or sold for the extraction of helium or natural gas liquids, is "gas production." Any such substance that is transported or sold to persons and for purposes not included in the natural gas definition is "oil production;" and
(4) "Operator" means a person engaged in the business of severing oil or gas production from the ground, whether for the person alone, only for other persons, or for the person and others.
(b) This section provides a security interest in favor of interest owners, as secured parties, to secure the obligations of the first purchaser of oil and gas production, as debtor, to pay the purchase price. An authenticated record giving the interest owner a right operates as a security agreement created under this chapter. The act of the first purchaser in signing an agreement to purchase oil or gas production, in issuing a division order, or in making any other voluntary communication to the interest owner or any governmental agency recognizing the interest owner's right operates as an authentication of a security agreement in accordance with § 47-9-203(b) for purposes of this chapter.
(c) The security interest provided by this section is perfected automatically without the filing of a financing statement. If the interest of the secured party is evidenced by a deed, mineral deed, reservation in either, oil or gas lease, assignment, or any other such record recorded in the real property records of a register of deeds, that record is effective as a filed financing statement for purposes of this chapter, but no fee is required, except a fee that is otherwise required by the register of deeds, and there is no requirement of refiling every five (5) years to maintain effectiveness of the filing.
(d) The security interest exists in oil and gas production, and also in the identifiable proceeds of that production owned by, received by, or due to the first purchaser: (1) For an unlimited time, if: (A) The proceeds are oil or gas production, inventory of raw, refined, or manufactured oil or gas production, or rights to or products of any of those, although the sale of those proceeds by a first purchaser to a buyer in the ordinary course of business, as provided in subsection (f), cuts off the security interest in those proceeds; (B) The proceeds are accounts, chattel paper, instruments, documents, or payment intangibles; or (C) The proceeds are cash proceeds, as defined in § 47-9-102 ; and (2) For the length of time provided in § 47-9-315 for all other proceeds.
(1) For an unlimited time, if: (A) The proceeds are oil or gas production, inventory of raw, refined, or manufactured oil or gas production, or rights to or products of any of those, although the sale of those proceeds by a first purchaser to a buyer in the ordinary course of business, as provided in subsection (f), cuts off the security interest in those proceeds; (B) The proceeds are accounts, chattel paper, instruments, documents, or payment intangibles; or (C) The proceeds are cash proceeds, as defined in § 47-9-102 ; and
(A) The proceeds are oil or gas production, inventory of raw, refined, or manufactured oil or gas production, or rights to or products of any of those, although the sale of those proceeds by a first purchaser to a buyer in the ordinary course of business, as provided in subsection (f), cuts off the security interest in those proceeds;
(B) The proceeds are accounts, chattel paper, instruments, documents, or payment intangibles; or
(C) The proceeds are cash proceeds, as defined in § 47-9-102 ; and
(2) For the length of time provided in § 47-9-315 for all other proceeds.
(e) This section creates a lien that secures the payment of all taxes that are or should be withheld or paid by the first purchaser, and a lien that secures the rights of any person who would be entitled to a security interest under subsection (b), except for lack of any adoption of a security agreement by the first purchaser, or for a lack of possession or record required by § 47-9-203 for the security interest to be enforceable.
(f) The security interests and liens created by this section have priority over any purchaser who is not a buyer in the ordinary course of the first purchaser's business, but are cut off by the sale to a buyer from the first purchaser who is in the ordinary course of the first purchaser's business under § 47-9-320(a) . In either case, whether or not the buyer from the first purchaser is in ordinary course, a security interest will continue in the proceeds of the sale by the first purchaser, as provided in subsection (d).
(g) The security interests and all liens created by this section have the following priorities over other security interests created by this chapter: (1) A security interest created by this section is treated as a purchase-money security interest for purposes of determining its relative priority under § 47-9-324 over other security interests not provided for by this section. A holder of a security interest created under this section is not required to give the written notice every five (5) years as provided in § 47-9-324(b)(3) to have purchase-money priority over a security interest with a prior financing statement covering inventory; and (2) A statutory lien is subordinate to all other perfected security interests created by this chapter, and has priority over unperfected security interests created by this chapter and the lien creditors, buyers, and transferees mentioned in § 47-9-317 .
(1) A security interest created by this section is treated as a purchase-money security interest for purposes of determining its relative priority under § 47-9-324 over other security interests not provided for by this section. A holder of a security interest created under this section is not required to give the written notice every five (5) years as provided in § 47-9-324(b)(3) to have purchase-money priority over a security interest with a prior financing statement covering inventory; and
(2) A statutory lien is subordinate to all other perfected security interests created by this chapter, and has priority over unperfected security interests created by this chapter and the lien creditors, buyers, and transferees mentioned in § 47-9-317 .
(h) The security interests and liens created by this section have the following priorities among themselves: (1) If a record effective as a filed financing statement under subsection (c) exists, the security interests perfected by that record have priority over a security interest automatically perfected without filing under subsection (c). If several security interests perfected by records exist, they have the same priority among themselves as established by law for interests in oil and gas in place. If property law establishes no priority among them, they share priority pro rata; (2) A security interest perfected automatically without filing under subsection (c) has priority over a lien created under subsection (e); and (3) A nontax lien under subsection (e) has priority over a lien created under subsection (e) that secures the payment of taxes.
(1) If a record effective as a filed financing statement under subsection (c) exists, the security interests perfected by that record have priority over a security interest automatically perfected without filing under subsection (c). If several security interests perfected by records exist, they have the same priority among themselves as established by law for interests in oil and gas in place. If property law establishes no priority among them, they share priority pro rata;
(2) A security interest perfected automatically without filing under subsection (c) has priority over a lien created under subsection (e); and
(3) A nontax lien under subsection (e) has priority over a lien created under subsection (e) that secures the payment of taxes.
(i) The priorities for statutory liens mentioned in § 47-9-333 do not apply to any security interest or statutory lien created by this section, but if a pipeline common carrier has a statutory or tariff lien that is effective and enforceable against a trustee in bankruptcy and not invalidated by the federal Tax Lien Act, that lien has priority over the security interests and statutory liens created by this section.
(j) If oil or gas production in which there are security interests or statutory liens created by this section is commingled with inventory or other production, the rules of § 47-9-336 apply.
(k) A security interest or statutory lien created by this section remains effective against the debtor and perfected against the debtor's creditors, even if assigned, regardless of whether the assignment is perfected against the assignor's creditors. If a deed, mineral deed, assignment of oil and gas lease, or other such record evidencing the assignment is filed in the real property records of the county, the filing will have the same effect as filing an amended financing statement under § 47-9-514 .
(l) This section does not impair an operator's right to set off or withhold funds from other interest owners as security for, or in satisfaction of, any debt or security interest. In case of a dispute between an operator and another interest owner, a good faith tender of funds by anyone to the person whom the operator and other interest owner agree on, to a person who otherwise shows that person to be the one entitled to the funds, or to a court of competent jurisdiction in the event of litigation or bankruptcy, operates as a tender of the funds to both.
(m) A first purchaser who acts in good faith may terminate an interest owner's security interest or statutory lien under this section by paying, or by making and keeping open a tender of, the amount the first purchaser believes to be due to the interest owner: (1) If the interest owner's rights are to oil or gas production or its proceeds, either to the operator alone, in which event the operator is considered the first purchaser, or to some combination of the interest owner and the operator, as the first purchaser chooses; (2) Whatever the nature of the production to which the interest owner has rights, to the person whom the interest owner agreed to or acquiesced in; or (3) To a court of competent jurisdiction in the event of litigation or bankruptcy.
(1) If the interest owner's rights are to oil or gas production or its proceeds, either to the operator alone, in which event the operator is considered the first purchaser, or to some combination of the interest owner and the operator, as the first purchaser chooses;
(2) Whatever the nature of the production to which the interest owner has rights, to the person whom the interest owner agreed to or acquiesced in; or
(3) To a court of competent jurisdiction in the event of litigation or bankruptcy.
(n) A person who buys from a first purchaser can ensure that the person buys free and clear of an interest owner's security interest or statutory lien under this section: (1) By buying in the ordinary course of the first purchaser's business from the first purchaser under § 47-9-320(a) ; (2) By obtaining the interest owner's consent to the sale under § 47-9-315(a)(1) ; (3) By ensuring that the first purchaser has paid the interest owner, or, provided that gas production is involved, the interest owner has so agreed or acquiesced, by ensuring that the first purchaser has paid the interest owner's operator; or (4) By ensuring that the person or the first purchaser or some other person has withheld funds sufficient to pay amounts in dispute and has maintained a tender of those funds to whoever shows that person to be the person entitled.
(1) By buying in the ordinary course of the first purchaser's business from the first purchaser under § 47-9-320(a) ;
(2) By obtaining the interest owner's consent to the sale under § 47-9-315(a)(1) ;
(3) By ensuring that the first purchaser has paid the interest owner, or, provided that gas production is involved, the interest owner has so agreed or acquiesced, by ensuring that the first purchaser has paid the interest owner's operator; or
(4) By ensuring that the person or the first purchaser or some other person has withheld funds sufficient to pay amounts in dispute and has maintained a tender of those funds to whoever shows that person to be the person entitled.
(o) If a tender under subdivision (n)(4) that is valid thereafter fails, the security interest and liens governed by this section remain effective.
(p) In addition to the usual remedy of sequestration available to secured parties, the holders of security interests and liens created by this section have available to them, to the extent constitutionally permitted, the remedies of replevin, attachment, and garnishment to assist them in realizing upon their rights.
(q) The rights of any person claiming under a security interest or lien created by this section are governed by the other provisions of this chapter, except to the extent that this section necessarily displaces those provisions. This section does not invalidate or otherwise affect the interests of any person in any real property before severance of any oil or gas production.
Acts 2005, ch. 266, § 1.
Tenn. Code Ann. § 47-2a-301 — TN Code / Title 47 / Chapter 2a / Section 47-2a-301
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 3 - EFFECT OF LEASE CONTRACT (§§ 47-2A-301 — 47-2A-311) Section 47-2A-301 - Enforceability of lease contract
Status: in_force

Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties. Acts 1993, ch. 398, § 1.
Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-5520 — TN Code / Title 47 / Chapter 18 / Section 47-18-5520
Cancellation of agreement - Waiver
Status: in_force

(a) An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) or § 47-18-5519 or § 47-18-5528 , in which event the individual may cancel the agreement within thirty (30) days after the individual assents to it. To exercise the right to cancel, the individual must give notice in a record to the provider. Notice by mail is given when mailed. (b) An agreement must be accompanied by a form that contains in boldface type, surrounded by bold black lines: Notice of Right to Cancel You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it. To cancel this agreement during this period, send an e-mail to ______________ E-mail address of provider or mail or deliver a signed, dated copy of this notice, or any other written notice to ____________________ at ______________ Name of provider Address of provider before midnight on ______________. If you cancel this agreement within the Date three-day period, we will refund all money you already have paid us. You also may terminate this agreement at any later time, but we may not be required to refund fees you have paid us. I cancel this agreement, ____________________ Print your name ____________________ Signature ____________________ Date (c) If a personal financial emergency necessitates the disbursement of an individual's money to one (1) or more of the individual's creditors before the expiration of three (3) days after an agreement is signed, an individual may waive the right to cancel. To waive the right, the individual must send or deliver a signed, dated statement in the individual's own words describing the circumstances that necessitate a waiver. The waiver must explicitly waive the right to cancel. A waiver by means of a standard-form record is void. Acts 2009 , ch. 469, § 1.
(a) An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) or § 47-18-5519 or § 47-18-5528 , in which event the individual may cancel the agreement within thirty (30) days after the individual assents to it. To exercise the right to cancel, the individual must give notice in a record to the provider. Notice by mail is given when mailed.
(b) An agreement must be accompanied by a form that contains in boldface type, surrounded by bold black lines: Notice of Right to Cancel You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it. To cancel this agreement during this period, send an e-mail to ______________ E-mail address of provider or mail or deliver a signed, dated copy of this notice, or any other written notice to ____________________ at ______________ Name of provider Address of provider before midnight on ______________. If you cancel this agreement within the Date three-day period, we will refund all money you already have paid us. You also may terminate this agreement at any later time, but we may not be required to refund fees you have paid us. I cancel this agreement, ____________________ Print your name ____________________ Signature ____________________ Date
Notice of Right to Cancel
You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it.
To cancel this agreement during this period, send an e-mail to ______________
E-mail address of provider
or mail or deliver a signed, dated copy of this notice, or any other written notice
to ____________________ at ______________
Name of provider Address of provider
before midnight on ______________. If you cancel this agreement within the
Date
three-day period, we will refund all money you already have paid us.
You also may terminate this agreement at any later time, but we may not be required to refund fees you have paid us.
I cancel this agreement,
____________________
Print your name
____________________
Signature
____________________
Date
(c) If a personal financial emergency necessitates the disbursement of an individual's money to one (1) or more of the individual's creditors before the expiration of three (3) days after an agreement is signed, an individual may waive the right to cancel. To waive the right, the individual must send or deliver a signed, dated statement in the individual's own words describing the circumstances that necessitate a waiver. The waiver must explicitly waive the right to cancel. A waiver by means of a standard-form record is void.
Acts 2009 , ch. 469, § 1.
Tenn. Code Ann. § 47-25-623 — TN Code / Title 47 / Chapter 25 / Section 47-25-623
Unfair practices generally
Status: in_force

(a) (1) It is unlawful for any refiner, distributor, or producer of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in prices between purchasers for petroleum products of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such petroleum products are sold for use, consumption, or resale within the state of Tennessee, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them; provided, that nothing in this section shall prevent: (A) Differentials which make only due allowances for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such petroleum products are to such purchasers sold or delivered; (B) Dealers engaged in selling petroleum products in commerce within the state of Tennessee from selecting their own customers in bona fide transactions and not in restraint of trade; (C) Price changes from time to time where in response to changing conditions affecting the market for or the marketability of the petroleum products concerned, including, but not limited to, distress sales under court process, or sales in good faith in discontinuance of businesses in the goods concerned; and (D) A franchisor, distributor, or producer of petroleum products from lowering its price for petroleum products to any purchaser or purchasers when such lower price was made in good faith to meet an equally low price of a competitor. (2) It is unlawful for any refiner, distributor, or producer of petroleum products to refuse to make available, upon written request of any dealer who has a franchise agreement with the refiner, distributor, or producer, a schedule of dealer tank wagon prices then charged dealers of the refiner, distributor, or producer for motor gasoline sold within the state of Tennessee. (b) A violation of this section is a Class C misdemeanor. (c) Nothing in this section shall apply to the purchase of petroleum products for their own use by state and local agencies. Acts 1977, ch. 422, § 3; T.C.A., § 69-723; Acts 1989, ch. 591, § 113.
(a) (1) It is unlawful for any refiner, distributor, or producer of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in prices between purchasers for petroleum products of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such petroleum products are sold for use, consumption, or resale within the state of Tennessee, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them; provided, that nothing in this section shall prevent: (A) Differentials which make only due allowances for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such petroleum products are to such purchasers sold or delivered; (B) Dealers engaged in selling petroleum products in commerce within the state of Tennessee from selecting their own customers in bona fide transactions and not in restraint of trade; (C) Price changes from time to time where in response to changing conditions affecting the market for or the marketability of the petroleum products concerned, including, but not limited to, distress sales under court process, or sales in good faith in discontinuance of businesses in the goods concerned; and (D) A franchisor, distributor, or producer of petroleum products from lowering its price for petroleum products to any purchaser or purchasers when such lower price was made in good faith to meet an equally low price of a competitor. (2) It is unlawful for any refiner, distributor, or producer of petroleum products to refuse to make available, upon written request of any dealer who has a franchise agreement with the refiner, distributor, or producer, a schedule of dealer tank wagon prices then charged dealers of the refiner, distributor, or producer for motor gasoline sold within the state of Tennessee.
(1) It is unlawful for any refiner, distributor, or producer of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in prices between purchasers for petroleum products of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such petroleum products are sold for use, consumption, or resale within the state of Tennessee, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them; provided, that nothing in this section shall prevent: (A) Differentials which make only due allowances for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such petroleum products are to such purchasers sold or delivered; (B) Dealers engaged in selling petroleum products in commerce within the state of Tennessee from selecting their own customers in bona fide transactions and not in restraint of trade; (C) Price changes from time to time where in response to changing conditions affecting the market for or the marketability of the petroleum products concerned, including, but not limited to, distress sales under court process, or sales in good faith in discontinuance of businesses in the goods concerned; and (D) A franchisor, distributor, or producer of petroleum products from lowering its price for petroleum products to any purchaser or purchasers when such lower price was made in good faith to meet an equally low price of a competitor.
(A) Differentials which make only due allowances for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such petroleum products are to such purchasers sold or delivered;
(B) Dealers engaged in selling petroleum products in commerce within the state of Tennessee from selecting their own customers in bona fide transactions and not in restraint of trade;
(C) Price changes from time to time where in response to changing conditions affecting the market for or the marketability of the petroleum products concerned, including, but not limited to, distress sales under court process, or sales in good faith in discontinuance of businesses in the goods concerned; and
(D) A franchisor, distributor, or producer of petroleum products from lowering its price for petroleum products to any purchaser or purchasers when such lower price was made in good faith to meet an equally low price of a competitor.
(2) It is unlawful for any refiner, distributor, or producer of petroleum products to refuse to make available, upon written request of any dealer who has a franchise agreement with the refiner, distributor, or producer, a schedule of dealer tank wagon prices then charged dealers of the refiner, distributor, or producer for motor gasoline sold within the state of Tennessee.
(b) A violation of this section is a Class C misdemeanor.
(c) Nothing in this section shall apply to the purchase of petroleum products for their own use by state and local agencies.
Acts 1977, ch. 422, § 3; T.C.A., § 69-723; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 47-2-719 — TN Code / Title 47 / Chapter 2 / Section 47-2-719
Contractual modification or limitation of remedy
Status: in_force

(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages: (a) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and (b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy. (2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in chapters 1-9 of this title. (3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not. Acts 1963, ch. 81, § 1 (2-719).
(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages: (a) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and (b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.
(a) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and
(b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.
(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in chapters 1-9 of this title.
(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
Acts 1963, ch. 81, § 1 (2-719).
Tenn. Code Ann. § 47-18-4904 — TN Code / Title 47 / Chapter 18 / Section 47-18-4904
Required disclosures to consumer - Permissible offers to consumers
Status: in_force

(a) A direct-to-consumer genetic testing company shall: (1) Provide to a consumer: (A) Essential information about the company's collection, use, and disclosure of genetic data; and (B) A prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices; (2) Obtain a consumer's initial express consent for collection, use, or disclosure of the consumer's genetic data that: (A) Clearly describes the company's use of the genetic data that the company collects through the company's genetic testing product or service; (B) Specifies who has access to test results; and (C) Specifies how the company may share the genetic data; (3) If the company engages in the following conduct, obtain a consumer's: (A) Separate express consent for: (i) The transfer or disclosure of the consumer's genetic data to a person other than the company's vendors and service providers; (ii) The use of genetic data beyond the primary purpose of the company's genetic testing product or service; or (iii) The company's retention of a biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer; (B) Informed consent in accordance with the Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46, for transfer or disclosure of the consumer's genetic data to a third party for: (i) Research purposes; or (ii) Research conducted under the control of the company for the purpose of publication or generalizable knowledge; and (C) Express consent for: (i) Marketing to a consumer based on the consumer's genetic data; or (ii) Marketing by a third-party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service; (4) Require valid legal process for the company's disclosure of a consumer's genetic data to law enforcement or a government entity without the consumer's express written consent; (5) Develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure; and (6) Provide a process for a consumer to: (A) Access the consumer's genetic data; (B) Delete the consumer's account and genetic data; and (C) Destroy the consumer's biological sample. (b) Notwithstanding subdivision (a)(3)(C), a direct-to-consumer genetic testing company with a first-party relationship to a consumer may, without obtaining the consumer's express consent, provide customized content or offers on the company's website or through the company's application or service. Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
(a) A direct-to-consumer genetic testing company shall: (1) Provide to a consumer: (A) Essential information about the company's collection, use, and disclosure of genetic data; and (B) A prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices; (2) Obtain a consumer's initial express consent for collection, use, or disclosure of the consumer's genetic data that: (A) Clearly describes the company's use of the genetic data that the company collects through the company's genetic testing product or service; (B) Specifies who has access to test results; and (C) Specifies how the company may share the genetic data; (3) If the company engages in the following conduct, obtain a consumer's: (A) Separate express consent for: (i) The transfer or disclosure of the consumer's genetic data to a person other than the company's vendors and service providers; (ii) The use of genetic data beyond the primary purpose of the company's genetic testing product or service; or (iii) The company's retention of a biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer; (B) Informed consent in accordance with the Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46, for transfer or disclosure of the consumer's genetic data to a third party for: (i) Research purposes; or (ii) Research conducted under the control of the company for the purpose of publication or generalizable knowledge; and (C) Express consent for: (i) Marketing to a consumer based on the consumer's genetic data; or (ii) Marketing by a third-party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service; (4) Require valid legal process for the company's disclosure of a consumer's genetic data to law enforcement or a government entity without the consumer's express written consent; (5) Develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure; and (6) Provide a process for a consumer to: (A) Access the consumer's genetic data; (B) Delete the consumer's account and genetic data; and (C) Destroy the consumer's biological sample.
(1) Provide to a consumer: (A) Essential information about the company's collection, use, and disclosure of genetic data; and (B) A prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices;
(A) Essential information about the company's collection, use, and disclosure of genetic data; and
(B) A prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices;
(2) Obtain a consumer's initial express consent for collection, use, or disclosure of the consumer's genetic data that: (A) Clearly describes the company's use of the genetic data that the company collects through the company's genetic testing product or service; (B) Specifies who has access to test results; and (C) Specifies how the company may share the genetic data;
(A) Clearly describes the company's use of the genetic data that the company collects through the company's genetic testing product or service;
(B) Specifies who has access to test results; and
(C) Specifies how the company may share the genetic data;
(3) If the company engages in the following conduct, obtain a consumer's: (A) Separate express consent for: (i) The transfer or disclosure of the consumer's genetic data to a person other than the company's vendors and service providers; (ii) The use of genetic data beyond the primary purpose of the company's genetic testing product or service; or (iii) The company's retention of a biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer; (B) Informed consent in accordance with the Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46, for transfer or disclosure of the consumer's genetic data to a third party for: (i) Research purposes; or (ii) Research conducted under the control of the company for the purpose of publication or generalizable knowledge; and (C) Express consent for: (i) Marketing to a consumer based on the consumer's genetic data; or (ii) Marketing by a third-party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service;
(A) Separate express consent for: (i) The transfer or disclosure of the consumer's genetic data to a person other than the company's vendors and service providers; (ii) The use of genetic data beyond the primary purpose of the company's genetic testing product or service; or (iii) The company's retention of a biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer;
(i) The transfer or disclosure of the consumer's genetic data to a person other than the company's vendors and service providers;
(ii) The use of genetic data beyond the primary purpose of the company's genetic testing product or service; or
(iii) The company's retention of a biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer;
(B) Informed consent in accordance with the Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46, for transfer or disclosure of the consumer's genetic data to a third party for: (i) Research purposes; or (ii) Research conducted under the control of the company for the purpose of publication or generalizable knowledge; and
(i) Research purposes; or
(ii) Research conducted under the control of the company for the purpose of publication or generalizable knowledge; and
(C) Express consent for: (i) Marketing to a consumer based on the consumer's genetic data; or (ii) Marketing by a third-party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service;
(i) Marketing to a consumer based on the consumer's genetic data; or
(ii) Marketing by a third-party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service;
(4) Require valid legal process for the company's disclosure of a consumer's genetic data to law enforcement or a government entity without the consumer's express written consent;
(5) Develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure; and
(6) Provide a process for a consumer to: (A) Access the consumer's genetic data; (B) Delete the consumer's account and genetic data; and (C) Destroy the consumer's biological sample.
(A) Access the consumer's genetic data;
(B) Delete the consumer's account and genetic data; and
(C) Destroy the consumer's biological sample.
(b) Notwithstanding subdivision (a)(3)(C), a direct-to-consumer genetic testing company with a first-party relationship to a consumer may, without obtaining the consumer's express consent, provide customized content or offers on the company's website or through the company's application or service.
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 47-25-304 — TN Code / Title 47 / Chapter 25 / Section 47-25-304
Liability of officers or agents
Status: in_force

Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor. Acts 1949, ch. 68, § 6; C. Supp. 1950, § 6770.16 (Williams, § 6770.49); T.C.A. (orig. ed.), § 69-406; Acts 1989, ch. 591, § 113; T.C.A. (orig. ed.), § 47-25-306 ; Acts 1998, ch. 768, § 1.
Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
Acts 1949, ch. 68, § 6; C. Supp. 1950, § 6770.16 (Williams, § 6770.49); T.C.A. (orig. ed.), § 69-406; Acts 1989, ch. 591, § 113; T.C.A. (orig. ed.), § 47-25-306 ; Acts 1998, ch. 768, § 1.
Tenn. Code Ann. § 47-18-5103 — TN Code / Title 47 / Chapter 18 / Section 47-18-5103
Prohibited acts during declaration of abnormal economic disruption
Status: in_force

(a) (1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business: (A) Consumer food items; (B) Repair or construction services; (C) Emergency supplies; (D) Medical supplies; (E) Building materials; (F) Gasoline; (G) Transportation, freight, and storage services; (H) Housing; or (I) Temporary healthcare staffing provided by a temporary healthcare staffing agency as defined by § 68-11-2301 . (2) A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1). (b) A price increase is not grossly excessive if the increase was directly attributable to: (1) Price increases in applicable regional, national, or international commodity markets; (2) Pricing set forth in any pre-existing agreement, including stored and in-transit inventory; (3) Additional costs imposed on the person by the supplier of the goods or services; or (4) Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges. Amended by 2023 Tenn. Acts, ch. 432, s 2, eff. 5/11/2023. Amended by 2018 Tenn. Acts, ch. 624, s 4, eff. 4/2/2018. Acts 2002, ch. 807, § 2.
(a) (1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business: (A) Consumer food items; (B) Repair or construction services; (C) Emergency supplies; (D) Medical supplies; (E) Building materials; (F) Gasoline; (G) Transportation, freight, and storage services; (H) Housing; or (I) Temporary healthcare staffing provided by a temporary healthcare staffing agency as defined by § 68-11-2301 . (2) A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1).
(1) Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business: (A) Consumer food items; (B) Repair or construction services; (C) Emergency supplies; (D) Medical supplies; (E) Building materials; (F) Gasoline; (G) Transportation, freight, and storage services; (H) Housing; or (I) Temporary healthcare staffing provided by a temporary healthcare staffing agency as defined by § 68-11-2301 .
(A) Consumer food items;
(B) Repair or construction services;
(C) Emergency supplies;
(D) Medical supplies;
(E) Building materials;
(F) Gasoline;
(G) Transportation, freight, and storage services;
(H) Housing; or
(I) Temporary healthcare staffing provided by a temporary healthcare staffing agency as defined by § 68-11-2301 .
(2) A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1).
(b) A price increase is not grossly excessive if the increase was directly attributable to: (1) Price increases in applicable regional, national, or international commodity markets; (2) Pricing set forth in any pre-existing agreement, including stored and in-transit inventory; (3) Additional costs imposed on the person by the supplier of the goods or services; or (4) Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges.
(1) Price increases in applicable regional, national, or international commodity markets;
(2) Pricing set forth in any pre-existing agreement, including stored and in-transit inventory;
(3) Additional costs imposed on the person by the supplier of the goods or services; or
(4) Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges.
Amended by 2023 Tenn. Acts, ch. 432, s 2, eff. 5/11/2023.
Amended by 2018 Tenn. Acts, ch. 624, s 4, eff. 4/2/2018.
Acts 2002, ch. 807, § 2.
Tenn. Code Ann. § 47-18-2604 — TN Code / Title 47 / Chapter 18 / Section 47-18-2604
Circuit court jurisdiction - Requirements for notice - Best interest standard - Fees
Status: in_force

(a) (1) The circuit court shall have nonexclusive jurisdiction over any approval of a transfer of structured settlement payment rights. (2) An application under this part for approval of transfer of structured settlement payment rights shall be made by the transferee and may be brought: (A) In the county in which the payee resides or where the settlement was approved or judgment rendered in the underlying tort claim; or (B) In any court or before any responsible administrative authority that approved the structured settlement agreement. (3) (A) Upon the filing of an application of approval of a transfer of structured settlement payment rights, any interested party may request a hearing. If a hearing is requested, the court shall conduct a hearing within sixty (60) days from such request. (B) The payee shall appear in person at the hearing, unless the court determines upon the motion of an interested party that good cause exists to excuse the payee from the hearing. (b) Not less than twenty (20) days prior to the scheduled hearing on any application for authorization of a transfer of structured settlement payment rights under § 47-18-2603 , the transferee shall file with the court or responsible administrative authority and serve on any other government authority which previously approved the structured settlement, and on all interested parties, a notice of the proposed transfer and the application for its authorization, including in such notice: (1) A copy of the transferee's application; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under § 47-18-2603(2) ; (4) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; (5) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed (which shall be not less than fifteen (15) days after service of the transferee's notice) in order to be considered by the court or responsible administrative authority; and (6) A sworn statement detailing whether there have been any requested, proposed, or approved transfers of the structured settlement payment rights prior to the instant filing. (c) In determining whether the transfer is in the payee's best interest under § 47-18-2603(3) , the court should consider: (1) The terms of the transfer; (2) Whether the payee has other sources of income, other than the structured settlement payment rights to be transferred; (3) The effect of the transfer, if any, on the payee's dependents and whether the transfer would be likely to result in financial hardship for such dependents; and (4) If a payee is currently required by a court order, judgment, or decree to pay child support or alimony, the effect of the transfer on the payee's ability to continue to pay such support or alimony. (d) The structured settlement obligor and annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments. (e) The transferee and any assignee shall be liable to the structured settlement obligor and the annuity issuer for any and all taxes and other costs and liabilities, other than costs incurred in opposing the transfer, incurred as a result of complying with the court order approving the transfer. (f) Neither the annuity issuer nor the structured settlement obligor may be required to divide any structured settlement payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees. (g) If any party acting in bad faith withholds consent to the transfer, the court may, in its discretion, award the prevailing party reasonable attorney fees and costs. Amended by 2016 Tenn. Acts, ch. 795,Secs.s2, s3 eff. 4/14/2016. Acts 2000, ch. 758, § 5.
(a) (1) The circuit court shall have nonexclusive jurisdiction over any approval of a transfer of structured settlement payment rights. (2) An application under this part for approval of transfer of structured settlement payment rights shall be made by the transferee and may be brought: (A) In the county in which the payee resides or where the settlement was approved or judgment rendered in the underlying tort claim; or (B) In any court or before any responsible administrative authority that approved the structured settlement agreement. (3) (A) Upon the filing of an application of approval of a transfer of structured settlement payment rights, any interested party may request a hearing. If a hearing is requested, the court shall conduct a hearing within sixty (60) days from such request. (B) The payee shall appear in person at the hearing, unless the court determines upon the motion of an interested party that good cause exists to excuse the payee from the hearing.
(1) The circuit court shall have nonexclusive jurisdiction over any approval of a transfer of structured settlement payment rights.
(2) An application under this part for approval of transfer of structured settlement payment rights shall be made by the transferee and may be brought: (A) In the county in which the payee resides or where the settlement was approved or judgment rendered in the underlying tort claim; or (B) In any court or before any responsible administrative authority that approved the structured settlement agreement.
(A) In the county in which the payee resides or where the settlement was approved or judgment rendered in the underlying tort claim; or
(B) In any court or before any responsible administrative authority that approved the structured settlement agreement.
(3) (A) Upon the filing of an application of approval of a transfer of structured settlement payment rights, any interested party may request a hearing. If a hearing is requested, the court shall conduct a hearing within sixty (60) days from such request. (B) The payee shall appear in person at the hearing, unless the court determines upon the motion of an interested party that good cause exists to excuse the payee from the hearing.
(A) Upon the filing of an application of approval of a transfer of structured settlement payment rights, any interested party may request a hearing. If a hearing is requested, the court shall conduct a hearing within sixty (60) days from such request.
(B) The payee shall appear in person at the hearing, unless the court determines upon the motion of an interested party that good cause exists to excuse the payee from the hearing.
(b) Not less than twenty (20) days prior to the scheduled hearing on any application for authorization of a transfer of structured settlement payment rights under § 47-18-2603 , the transferee shall file with the court or responsible administrative authority and serve on any other government authority which previously approved the structured settlement, and on all interested parties, a notice of the proposed transfer and the application for its authorization, including in such notice: (1) A copy of the transferee's application; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under § 47-18-2603(2) ; (4) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; (5) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed (which shall be not less than fifteen (15) days after service of the transferee's notice) in order to be considered by the court or responsible administrative authority; and (6) A sworn statement detailing whether there have been any requested, proposed, or approved transfers of the structured settlement payment rights prior to the instant filing.
(1) A copy of the transferee's application;
(2) A copy of the transfer agreement;
(3) A copy of the disclosure statement required under § 47-18-2603(2) ;
(4) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing;
(5) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed (which shall be not less than fifteen (15) days after service of the transferee's notice) in order to be considered by the court or responsible administrative authority; and
(6) A sworn statement detailing whether there have been any requested, proposed, or approved transfers of the structured settlement payment rights prior to the instant filing.
(c) In determining whether the transfer is in the payee's best interest under § 47-18-2603(3) , the court should consider: (1) The terms of the transfer; (2) Whether the payee has other sources of income, other than the structured settlement payment rights to be transferred; (3) The effect of the transfer, if any, on the payee's dependents and whether the transfer would be likely to result in financial hardship for such dependents; and (4) If a payee is currently required by a court order, judgment, or decree to pay child support or alimony, the effect of the transfer on the payee's ability to continue to pay such support or alimony.
(1) The terms of the transfer;
(2) Whether the payee has other sources of income, other than the structured settlement payment rights to be transferred;
(3) The effect of the transfer, if any, on the payee's dependents and whether the transfer would be likely to result in financial hardship for such dependents; and
(4) If a payee is currently required by a court order, judgment, or decree to pay child support or alimony, the effect of the transfer on the payee's ability to continue to pay such support or alimony.
(d) The structured settlement obligor and annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.
(e) The transferee and any assignee shall be liable to the structured settlement obligor and the annuity issuer for any and all taxes and other costs and liabilities, other than costs incurred in opposing the transfer, incurred as a result of complying with the court order approving the transfer.
(f) Neither the annuity issuer nor the structured settlement obligor may be required to divide any structured settlement payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees.
(g) If any party acting in bad faith withholds consent to the transfer, the court may, in its discretion, award the prevailing party reasonable attorney fees and costs.
Amended by 2016 Tenn. Acts, ch. 795,Secs.s2, s3 eff. 4/14/2016.
Acts 2000, ch. 758, § 5.
Tenn. Code Ann. § 47-2a-407 — TN Code / Title 47 / Chapter 2a / Section 47-2a-407
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 4 - PERFORMANCE OF LEASE CONTRACT: REPUDIATED, SUBSTITUTED AND EXCUSED (§§ 47-2A-401 — 47-2A-407) Section 47-2A-407 - Irrevocable promises - Finance leases
Status: in_force

(1) In the case of a finance lease that is not a consumer lease the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods. (2) A promise that has become irrevocable and independent under subsection (1): (a) is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and (b) is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs. (3) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods. Acts 1993, ch. 398, § 1.
(1) In the case of a finance lease that is not a consumer lease the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.
(2) A promise that has become irrevocable and independent under subsection (1): (a) is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and (b) is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs.
(a) is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and
(b) is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs.
(3) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-25-810 — TN Code / Title 47 / Chapter 25 / Section 47-25-810
Civil remedies
Status: in_force

Any person who suffers an ascertainable loss of money or property as a result of a violation of this part may bring an action individually or in a representative capacity to recover actual damages, costs, and reasonable attorney fees. The action may be brought in a court of competent jurisdiction in the county where the alleged practice took place, or is taking place, or in the county where the defendant resides, has principal place of business, conducts, transacts, or has transacted business, or if the person cannot be found in any of the foregoing locations, in the county in which such person can be found. Acts 1980, ch. 718, § 10; T.C.A., § 69-910.
Any person who suffers an ascertainable loss of money or property as a result of a violation of this part may bring an action individually or in a representative capacity to recover actual damages, costs, and reasonable attorney fees. The action may be brought in a court of competent jurisdiction in the county where the alleged practice took place, or is taking place, or in the county where the defendant resides, has principal place of business, conducts, transacts, or has transacted business, or if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
Acts 1980, ch. 718, § 10; T.C.A., § 69-910.
Tenn. Code Ann. § 47-26-804 — TN Code / Title 47 / Chapter 26 / Section 47-26-804
Licensing
Status: in_force

(a) A person may be licensed as a certified public weigher who: (1) Is a citizen of the United States; (2) Is not less than eighteen (18) years of age; (3) Has the ability to weigh accurately and make correct weight or measurement records; and (4) Has received from the commissioner a license as a certified public weigher. (b) An application for a license as a certified public weigher shall be made upon a form provided by the commissioner and the application shall furnish evidence that the applicant meets the qualifications required by this section. Acts 1981, ch. 389, § 5; 1982, ch. 553, § 1; T.C.A., § 71-804.
(a) A person may be licensed as a certified public weigher who: (1) Is a citizen of the United States; (2) Is not less than eighteen (18) years of age; (3) Has the ability to weigh accurately and make correct weight or measurement records; and (4) Has received from the commissioner a license as a certified public weigher.
(1) Is a citizen of the United States;
(2) Is not less than eighteen (18) years of age;
(3) Has the ability to weigh accurately and make correct weight or measurement records; and
(4) Has received from the commissioner a license as a certified public weigher.
(b) An application for a license as a certified public weigher shall be made upon a form provided by the commissioner and the application shall furnish evidence that the applicant meets the qualifications required by this section.
Acts 1981, ch. 389, § 5; 1982, ch. 553, § 1; T.C.A., § 71-804.
Tenn. Code Ann. § 47-18-1203 — TN Code / Title 47 / Chapter 18 / Section 47-18-1203
Prohibited practices under Consumer Protection Act
Status: in_force

Any violation of this part is a prohibited practice under § 47-18-104 . Acts 1989, ch. 367, § 3.
Any violation of this part is a prohibited practice under § 47-18-104 .
Acts 1989, ch. 367, § 3.
Tenn. Code Ann. § 47-10-110 — TN Code / Title 47 / Chapter 10 / Section 47-10-110
Effect of change or error
Status: in_force

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record; (2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: (A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and (C) Has not used or received any benefit or value from the consideration, if any, received from the other person; (3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any; and (4) Paragraphs (2) and (3) may not be varied by agreement. Acts 2001, ch. 72, § 10.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: (A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and (C) Has not used or received any benefit or value from the consideration, if any, received from the other person;
(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) Has not used or received any benefit or value from the consideration, if any, received from the other person;
(3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any; and
(4) Paragraphs (2) and (3) may not be varied by agreement.
Acts 2001, ch. 72, § 10.
Tenn. Code Ann. § 47-7-303 — TN Code / Title 47 / Chapter 7 / Section 47-7-303
Diversion - Reconsignment - Change of instructions
Status: in_force

(a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from: (1) The holder of a negotiable bill; (2) The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions; (3) The consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or (4) The consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods. (b) Unless instructions described in subsection (a) are included in a negotiable bill of lading, a person to which the bill is duly negotiated may hold the bailee according to the original terms. Acts 2008, ch. 814, § 1.
(a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from: (1) The holder of a negotiable bill; (2) The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions; (3) The consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or (4) The consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.
(1) The holder of a negotiable bill;
(2) The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions;
(3) The consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or
(4) The consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.
(b) Unless instructions described in subsection (a) are included in a negotiable bill of lading, a person to which the bill is duly negotiated may hold the bailee according to the original terms.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-5203 — TN Code / Title 47 / Chapter 18 / Section 47-18-5203
Violation of part
Status: in_force

(a) It shall be unlawful for any person to represent oneself, either directly or by implication, to be another person, without the authorization or permission of such other person, through the use of the Internet, electronic mail messages or any other electronic means, including wireless communication, and to solicit, request, or take any action to induce a resident of this state to provide identifying information or identification documents. (b) It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to defraud, for such person's own use or the use of a third person, or to sell or distribute the information to another, to: (1) Fraudulently obtain, record or access identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person; (2) Obtain goods or services through the use of identifying information of such other person; or (3) Obtain identification documents in such other person's name. (c) It shall be unlawful for any person with the intent to defraud and without the authorization or permission of the person who is the owner or licensee of a web page or web site to: (1) Knowingly duplicate or mimic all or any portion of the web site or web page; (2) Direct or redirect an electronic mail message from the IP address of a person to any other IP address; (3) Use any trademark, logo, name, or copyright of another person on a web page; or (4) Create an apparent but false link to a web page of a person that is directed or redirected to a web page or IP address other than that of the person represented. (d) It shall be unlawful for any person to attempt to commit any of the violations enumerated in this section. (e) In addition to the penalties set forth in § 47-18-5205 , a person who knowingly violates: (1) Subsection (a), (b), or (c) commits a Class A misdemeanor; or (2) Subsection (d) commits a Class B misdemeanor. Amended by 2017 Tenn. Acts, ch. 257,s 3, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 257,s 2, eff. 7/1/2017. Acts 2006, ch. 566, § 4.
(a) It shall be unlawful for any person to represent oneself, either directly or by implication, to be another person, without the authorization or permission of such other person, through the use of the Internet, electronic mail messages or any other electronic means, including wireless communication, and to solicit, request, or take any action to induce a resident of this state to provide identifying information or identification documents.
(b) It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to defraud, for such person's own use or the use of a third person, or to sell or distribute the information to another, to: (1) Fraudulently obtain, record or access identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person; (2) Obtain goods or services through the use of identifying information of such other person; or (3) Obtain identification documents in such other person's name.
(1) Fraudulently obtain, record or access identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;
(2) Obtain goods or services through the use of identifying information of such other person; or
(3) Obtain identification documents in such other person's name.
(c) It shall be unlawful for any person with the intent to defraud and without the authorization or permission of the person who is the owner or licensee of a web page or web site to: (1) Knowingly duplicate or mimic all or any portion of the web site or web page; (2) Direct or redirect an electronic mail message from the IP address of a person to any other IP address; (3) Use any trademark, logo, name, or copyright of another person on a web page; or (4) Create an apparent but false link to a web page of a person that is directed or redirected to a web page or IP address other than that of the person represented.
(1) Knowingly duplicate or mimic all or any portion of the web site or web page;
(2) Direct or redirect an electronic mail message from the IP address of a person to any other IP address;
(3) Use any trademark, logo, name, or copyright of another person on a web page; or
(4) Create an apparent but false link to a web page of a person that is directed or redirected to a web page or IP address other than that of the person represented.
(d) It shall be unlawful for any person to attempt to commit any of the violations enumerated in this section.
(e) In addition to the penalties set forth in § 47-18-5205 , a person who knowingly violates: (1) Subsection (a), (b), or (c) commits a Class A misdemeanor; or (2) Subsection (d) commits a Class B misdemeanor.
(1) Subsection (a), (b), or (c) commits a Class A misdemeanor; or
(2) Subsection (d) commits a Class B misdemeanor.
Amended by 2017 Tenn. Acts, ch. 257,s 3, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 257,s 2, eff. 7/1/2017.
Acts 2006, ch. 566, § 4.
Tenn. Code Ann. § 47-9-103 — TN Code / Title 47 / Chapter 9 / Section 47-9-103
Purchase-money security interest; application of payments; burden of establishing
Status: in_force

(a) Definitions. In this section: (1) "purchase-money collateral" means goods or software that secures a purchase-money obligation incurred with respect to that collateral; and (2) "purchase-money obligation" means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used. (b) Purchase-money security interest in goods. A security interest in goods is a purchase-money security interest: (1) to the extent that the goods are purchase-money collateral with respect to that security interest; (2) if the security interest is in inventory that is or was purchase-money collateral, also to the extent that the security interest secures a purchase-money obligation incurred with respect to other inventory in which the secured party holds or held a purchase-money security interest; and (3) also to the extent that the security interest secures a purchase-money obligation incurred with respect to software in which the secured party holds or held a purchase-money security interest. (c) Purchase-money security interest in software. A security interest in software is a purchase-money security interest to the extent that the security interest also secures a purchase-money obligation incurred with respect to goods in which the secured party holds or held a purchase-money security interest if: (1) the debtor acquired its interest in the software in an integrated transaction in which it acquired an interest in the goods; and (2) the debtor acquired its interest in the software for the principal purpose of using the software in the goods. (d) Consignor's inventory purchase-money security interest. The security interest of a consignor in goods that are the subject of a consignment is a purchase-money securty interest in inventory. (e) Application of payment. (1) In a transaction other than a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation, the payment must be applied: (A) in accordance with any reasonable method of application to which the parties agree; (B) in the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or (C) in the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order: (i) to obligations that are not secured; and (ii) if more than one (1) obligation is secured, to obligations secured by purchase-money security interests in the order in which those obligations were incurred. (2) In a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation: (A) the payment must be applied so that the secured party retains no purchase money security interest in any property as to which the secured party has recovered payments aggregating the amount of the sale price including any finance charges attributable thereto; and (B) for the purposes of this subsection (e) only, in the case of items purchased on different dates, the first item purchased shall be deemed the first paid for, and in the case of items purchased on the same date, the lowest priced item shall be deemed first paid for. (f) No loss of status of purchase-money security interest in non-consumer-goods transaction. In a transaction other than a consumer-goods transaction, a purchase-money security interest does not lose its status as such, even if: (1) the purchase-money collateral also secures an obligation that is not a purchase-money obligation; (2) collateral that is not purchase-money collateral also secures the purchase-money obligation; or (3) the purchase-money obligation has been renewed, refinanced, consolidated, or restructured. (g) Burden of proof in non-consumer-goods transaction. In a transaction other than a consumer-goods transaction, a secured party claiming a purchase-money security interest has the burden of establishing the extent to which the security interest is a purchase-money security interest. (h) Non-consumer-goods transactions; no inference. The limitation of the rules in subsections (e)(1), (f), and (g) to transactions other than consumer-goods transactions is intended to leave to the court the determination of the proper rules in consumer-goods transactions. The court may not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches. Acts 2000, ch. 846, § 1.
(a) Definitions. In this section: (1) "purchase-money collateral" means goods or software that secures a purchase-money obligation incurred with respect to that collateral; and (2) "purchase-money obligation" means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.
(1) "purchase-money collateral" means goods or software that secures a purchase-money obligation incurred with respect to that collateral; and
(2) "purchase-money obligation" means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.
(b) Purchase-money security interest in goods. A security interest in goods is a purchase-money security interest: (1) to the extent that the goods are purchase-money collateral with respect to that security interest; (2) if the security interest is in inventory that is or was purchase-money collateral, also to the extent that the security interest secures a purchase-money obligation incurred with respect to other inventory in which the secured party holds or held a purchase-money security interest; and (3) also to the extent that the security interest secures a purchase-money obligation incurred with respect to software in which the secured party holds or held a purchase-money security interest.
(1) to the extent that the goods are purchase-money collateral with respect to that security interest;
(2) if the security interest is in inventory that is or was purchase-money collateral, also to the extent that the security interest secures a purchase-money obligation incurred with respect to other inventory in which the secured party holds or held a purchase-money security interest; and
(3) also to the extent that the security interest secures a purchase-money obligation incurred with respect to software in which the secured party holds or held a purchase-money security interest.
(c) Purchase-money security interest in software. A security interest in software is a purchase-money security interest to the extent that the security interest also secures a purchase-money obligation incurred with respect to goods in which the secured party holds or held a purchase-money security interest if: (1) the debtor acquired its interest in the software in an integrated transaction in which it acquired an interest in the goods; and (2) the debtor acquired its interest in the software for the principal purpose of using the software in the goods.
(1) the debtor acquired its interest in the software in an integrated transaction in which it acquired an interest in the goods; and
(2) the debtor acquired its interest in the software for the principal purpose of using the software in the goods.
(d) Consignor's inventory purchase-money security interest. The security interest of a consignor in goods that are the subject of a consignment is a purchase-money securty interest in inventory.
(e) Application of payment. (1) In a transaction other than a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation, the payment must be applied: (A) in accordance with any reasonable method of application to which the parties agree; (B) in the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or (C) in the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order: (i) to obligations that are not secured; and (ii) if more than one (1) obligation is secured, to obligations secured by purchase-money security interests in the order in which those obligations were incurred. (2) In a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation: (A) the payment must be applied so that the secured party retains no purchase money security interest in any property as to which the secured party has recovered payments aggregating the amount of the sale price including any finance charges attributable thereto; and (B) for the purposes of this subsection (e) only, in the case of items purchased on different dates, the first item purchased shall be deemed the first paid for, and in the case of items purchased on the same date, the lowest priced item shall be deemed first paid for.
(1) In a transaction other than a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation, the payment must be applied: (A) in accordance with any reasonable method of application to which the parties agree; (B) in the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or (C) in the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order: (i) to obligations that are not secured; and (ii) if more than one (1) obligation is secured, to obligations secured by purchase-money security interests in the order in which those obligations were incurred.
(A) in accordance with any reasonable method of application to which the parties agree;
(B) in the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or
(C) in the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order: (i) to obligations that are not secured; and (ii) if more than one (1) obligation is secured, to obligations secured by purchase-money security interests in the order in which those obligations were incurred.
(i) to obligations that are not secured; and
(ii) if more than one (1) obligation is secured, to obligations secured by purchase-money security interests in the order in which those obligations were incurred.
(2) In a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation: (A) the payment must be applied so that the secured party retains no purchase money security interest in any property as to which the secured party has recovered payments aggregating the amount of the sale price including any finance charges attributable thereto; and (B) for the purposes of this subsection (e) only, in the case of items purchased on different dates, the first item purchased shall be deemed the first paid for, and in the case of items purchased on the same date, the lowest priced item shall be deemed first paid for.
(A) the payment must be applied so that the secured party retains no purchase money security interest in any property as to which the secured party has recovered payments aggregating the amount of the sale price including any finance charges attributable thereto; and
(B) for the purposes of this subsection (e) only, in the case of items purchased on different dates, the first item purchased shall be deemed the first paid for, and in the case of items purchased on the same date, the lowest priced item shall be deemed first paid for.
(f) No loss of status of purchase-money security interest in non-consumer-goods transaction. In a transaction other than a consumer-goods transaction, a purchase-money security interest does not lose its status as such, even if: (1) the purchase-money collateral also secures an obligation that is not a purchase-money obligation; (2) collateral that is not purchase-money collateral also secures the purchase-money obligation; or (3) the purchase-money obligation has been renewed, refinanced, consolidated, or restructured.
(1) the purchase-money collateral also secures an obligation that is not a purchase-money obligation;
(2) collateral that is not purchase-money collateral also secures the purchase-money obligation; or
(3) the purchase-money obligation has been renewed, refinanced, consolidated, or restructured.
(g) Burden of proof in non-consumer-goods transaction. In a transaction other than a consumer-goods transaction, a secured party claiming a purchase-money security interest has the burden of establishing the extent to which the security interest is a purchase-money security interest.
(h) Non-consumer-goods transactions; no inference. The limitation of the rules in subsections (e)(1), (f), and (g) to transactions other than consumer-goods transactions is intended to leave to the court the determination of the proper rules in consumer-goods transactions. The court may not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-25-302 — TN Code / Title 47 / Chapter 25 / Section 47-25-302
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Basic cost of cigarettes" means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is lower, absent any cash or other discounts and/or concessions of any kind, to which shall be added the full face value of any stamps which may be required by any cigarette tax law of this state now in effect or hereafter enacted, and any other taxes or fees imposed by title 67, chapter 4, part 10, if not already included by the manufacturer in this list price; (2) "Commissioner" means the commissioner of revenue; (3) "Cost of doing business by the retailer" is: (A) Eight percent (8%) of the basic cost of cigarettes to the retailer until June 30, 2015; (B) Eleven percent (11%) of the basic cost of cigarettes to the retailer beginning July 1, 2015, until June 30, 2016; (C) Thirteen percent (13%) of the basic cost of cigarettes to the retailer beginning July 1, 2016, until June 30, 2017; and (D) Fifteen percent (15%) of the basic cost of cigarettes to the retailer beginning July 1, 2017, and thereafter; (4) "Cost to the retailer" means the "basic cost of cigarettes" to the retailer plus the "cost of doing business by the retailer"; (5) "Retailer" has the same meaning ascribed to the words "retail dealer" in § 67-4-1001 ; (6) "Sell at retail," "sales at retail" or "retail sales" means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and (7) "Tobacco distributor" or "person" has the same meaning as ascribed in § 67-4-1001 . Amended by 2015 Tenn. Acts, ch. 347, s 1, eff. 7/1/2015. Acts 1949, ch. 68, § 3; C. Supp. 1950, § 6770.13 (Williams, § 6770.46); T.C.A. (orig. ed.), § 69-402; Acts 1985, ch. 179, § 1; 1998, ch. 768, § 1.
As used in this part, unless the context otherwise requires:
(1) "Basic cost of cigarettes" means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is lower, absent any cash or other discounts and/or concessions of any kind, to which shall be added the full face value of any stamps which may be required by any cigarette tax law of this state now in effect or hereafter enacted, and any other taxes or fees imposed by title 67, chapter 4, part 10, if not already included by the manufacturer in this list price;
(2) "Commissioner" means the commissioner of revenue;
(3) "Cost of doing business by the retailer" is: (A) Eight percent (8%) of the basic cost of cigarettes to the retailer until June 30, 2015; (B) Eleven percent (11%) of the basic cost of cigarettes to the retailer beginning July 1, 2015, until June 30, 2016; (C) Thirteen percent (13%) of the basic cost of cigarettes to the retailer beginning July 1, 2016, until June 30, 2017; and (D) Fifteen percent (15%) of the basic cost of cigarettes to the retailer beginning July 1, 2017, and thereafter;
(A) Eight percent (8%) of the basic cost of cigarettes to the retailer until June 30, 2015;
(B) Eleven percent (11%) of the basic cost of cigarettes to the retailer beginning July 1, 2015, until June 30, 2016;
(C) Thirteen percent (13%) of the basic cost of cigarettes to the retailer beginning July 1, 2016, until June 30, 2017; and
(D) Fifteen percent (15%) of the basic cost of cigarettes to the retailer beginning July 1, 2017, and thereafter;
(4) "Cost to the retailer" means the "basic cost of cigarettes" to the retailer plus the "cost of doing business by the retailer";
(5) "Retailer" has the same meaning ascribed to the words "retail dealer" in § 67-4-1001 ;
(6) "Sell at retail," "sales at retail" or "retail sales" means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and
(7) "Tobacco distributor" or "person" has the same meaning as ascribed in § 67-4-1001 .
Amended by 2015 Tenn. Acts, ch. 347, s 1, eff. 7/1/2015.
Acts 1949, ch. 68, § 3; C. Supp. 1950, § 6770.13 (Williams, § 6770.46); T.C.A. (orig. ed.), § 69-402; Acts 1985, ch. 179, § 1; 1998, ch. 768, § 1.
Tenn. Code Ann. § 47-18-1311 — TN Code / Title 47 / Chapter 18 / Section 47-18-1311
Funding
Status: in_force

Implementation and administration of this part shall be subject to an annual appropriation for such purpose as contained within the general appropriations act. The commissioner of finance and administration shall transfer from highway user tax revenues allocated to the highway fund an amount sufficient to support the annual appropriation for implementation and administration of this part. Acts 1989, ch. 397, § 12.
Implementation and administration of this part shall be subject to an annual appropriation for such purpose as contained within the general appropriations act. The commissioner of finance and administration shall transfer from highway user tax revenues allocated to the highway fund an amount sufficient to support the annual appropriation for implementation and administration of this part.
Acts 1989, ch. 397, § 12.
Tenn. Code Ann. § 47-2a-531 — TN Code / Title 47 / Chapter 2a / Section 47-2a-531
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) C. DEFAULT BY LESSEE (§§ 47-2A-523 — 47-2A-532) Section 47-2A-531 - Standing to sue third parties for injury to goods
Status: in_force

(1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the lessee: (i) has a security interest in the goods; (ii) has an insurable interest in the goods; or (iii) bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed. (2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his or her suit or settlement, subject to his or her own interest, is as a fiduciary for the other party to the lease contract. (3) Either party with the consent of the other may sue for the benefit of whom it may concern. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
(1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the lessee: (i) has a security interest in the goods; (ii) has an insurable interest in the goods; or (iii) bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.
(i) has a security interest in the goods;
(ii) has an insurable interest in the goods; or
(iii) bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.
(2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his or her suit or settlement, subject to his or her own interest, is as a fiduciary for the other party to the lease contract.
(3) Either party with the consent of the other may sue for the benefit of whom it may concern.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-25-1107 — TN Code / Title 47 / Chapter 25 / Section 47-25-1107
Exemptions
Status: in_force

(a) To the extent such use is protected by the First Amendment to the United States Constitution, it is deemed a fair use and not a violation of an individual's right, for purposes of this part, if the use of a name, photograph, voice, or likeness is: (1) In connection with any news, public affairs, or sports broadcast or account; (2) For purposes of comment, criticism, scholarship, satire, or parody; (3) A representation of the individual as the individual's self in an audiovisual work, as defined under 17 U.S.C. § 101 , unless the audiovisual work containing the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated; (4) Fleeting or incidental; or (5) In an advertisement or commercial announcement for a work described in this subsection (a). (b) The use of a name, photograph, voice, or likeness in a commercial medium does not constitute a use for purposes of advertising or solicitation solely because the material containing such use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the complainant individual's name, photograph, voice, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for purposes of advertising or solicitation. (c) Nothing in this section applies to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television stations, billboards, and transit ads, who have published or disseminated any advertisement or solicitation in violation of this part, unless it is established that such owners or employees had knowledge or reasonably should have known of the unauthorized use of the individual's name, photograph, voice, or likeness as prohibited by this section. Amended by 2024 Tenn. Acts, ch. 588,s 11, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 588,s 10, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 588,s 9, eff. 7/1/2024. Acts 1984, ch. 945, § 7.
(a) To the extent such use is protected by the First Amendment to the United States Constitution, it is deemed a fair use and not a violation of an individual's right, for purposes of this part, if the use of a name, photograph, voice, or likeness is: (1) In connection with any news, public affairs, or sports broadcast or account; (2) For purposes of comment, criticism, scholarship, satire, or parody; (3) A representation of the individual as the individual's self in an audiovisual work, as defined under 17 U.S.C. § 101 , unless the audiovisual work containing the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated; (4) Fleeting or incidental; or (5) In an advertisement or commercial announcement for a work described in this subsection (a).
(1) In connection with any news, public affairs, or sports broadcast or account;
(2) For purposes of comment, criticism, scholarship, satire, or parody;
(3) A representation of the individual as the individual's self in an audiovisual work, as defined under 17 U.S.C. § 101 , unless the audiovisual work containing the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated;
(4) Fleeting or incidental; or
(5) In an advertisement or commercial announcement for a work described in this subsection (a).
(b) The use of a name, photograph, voice, or likeness in a commercial medium does not constitute a use for purposes of advertising or solicitation solely because the material containing such use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the complainant individual's name, photograph, voice, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for purposes of advertising or solicitation.
(c) Nothing in this section applies to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television stations, billboards, and transit ads, who have published or disseminated any advertisement or solicitation in violation of this part, unless it is established that such owners or employees had knowledge or reasonably should have known of the unauthorized use of the individual's name, photograph, voice, or likeness as prohibited by this section.
Amended by 2024 Tenn. Acts, ch. 588,s 11, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 588,s 10, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 588,s 9, eff. 7/1/2024.
Acts 1984, ch. 945, § 7.
Tenn. Code Ann. § 47-26-1118 — TN Code / Title 47 / Chapter 26 / Section 47-26-1118
Publications
Status: in_force

The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of registered servicepersons and registered service agencies. Acts 1997, ch. 311, § 3.
The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of registered servicepersons and registered service agencies.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-25-902 — TN Code / Title 47 / Chapter 25 / Section 47-25-902
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Household furniture, appliances, and floor coverings" means such furniture, appliances, and floor coverings as are used in dwelling houses; (2) "Person" means any individual, firm, partnership, corporation, or other organization; (3) "Retail sale" means any sale, except a sale for the purpose of resale in the ordinary course of business; (4) "Sale" or "sell" means any sale, contract for sale, offer of sale, or advertisement thereof; (5) "Wholesale price" means a customary price at which a wholesaler sells merchandise for resale; (6) "Wholesale sale" means any sale other than a retail sale, as defined in this section; and (7) "Wholesaler" means one who sells other than at retail, as defined in this section. Acts 1957, ch. 410, § 3; T.C.A., §§ 69-602, 47-25-502.
As used in this part, unless the context otherwise requires:
(1) "Household furniture, appliances, and floor coverings" means such furniture, appliances, and floor coverings as are used in dwelling houses;
(2) "Person" means any individual, firm, partnership, corporation, or other organization;
(3) "Retail sale" means any sale, except a sale for the purpose of resale in the ordinary course of business;
(4) "Sale" or "sell" means any sale, contract for sale, offer of sale, or advertisement thereof;
(5) "Wholesale price" means a customary price at which a wholesaler sells merchandise for resale;
(6) "Wholesale sale" means any sale other than a retail sale, as defined in this section; and
(7) "Wholesaler" means one who sells other than at retail, as defined in this section.
Acts 1957, ch. 410, § 3; T.C.A., §§ 69-602, 47-25-502.
Tenn. Code Ann. § 47-9-527 — TN Code / Title 47 / Chapter 9 / Section 47-9-527
Duty to report
Status: in_force

The secretary of state shall report annually on or before February 1 to the governor and general assembly on the operation of the filing office. The report must contain a statement of the extent to which: (1) the filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and (2) the filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations. Acts 2000, ch. 846, § 1.
The secretary of state shall report annually on or before February 1 to the governor and general assembly on the operation of the filing office. The report must contain a statement of the extent to which:
(1) the filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and
(2) the filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-3-114 — TN Code / Title 47 / Chapter 3 / Section 47-3-114
Contradictory terms of instrument
Status: in_force

If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers. Acts 1995, ch. 397, § 2.
If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-121 — TN Code / Title 47 / Chapter 18 / Section 47-18-121
Unlicensed motor vehicle dealers to comply with advertising requirements
Status: in_force

(a) Any motor vehicle dealer not currently licensed as a motor vehicle dealer by the state of Tennessee, or any advertising cooperative composed of such unlicensed motor vehicle dealers, shall comply with all advertising requirements of title 55, chapter 17, including any regulations promulgated under that chapter. An unlicensed motor vehicle dealer shall be responsible for any advertising copy bearing its name. (b) A violation of this section constitutes a violation of the Consumer Protection Act of 1977, compiled in this chapter. Acts 1993, ch. 222, § 1.
(a) Any motor vehicle dealer not currently licensed as a motor vehicle dealer by the state of Tennessee, or any advertising cooperative composed of such unlicensed motor vehicle dealers, shall comply with all advertising requirements of title 55, chapter 17, including any regulations promulgated under that chapter. An unlicensed motor vehicle dealer shall be responsible for any advertising copy bearing its name.
(b) A violation of this section constitutes a violation of the Consumer Protection Act of 1977, compiled in this chapter.
Acts 1993, ch. 222, § 1.
Tenn. Code Ann. § 47-26-1021 — TN Code / Title 47 / Chapter 26 / Section 47-26-1021
Prohibited acts
Status: in_force

It is a prohibited act for any person: (1) Without a valid license to: (A) Assume the title of public weighmaster, or any title of similar import; (B) Perform the duties or acts to be performed by a public weighmaster; (C) Represent oneself to be a public weighmaster; (D) Issue any certificate, ticket, memorandum, or statement for which a fee is charged; or (E) Engage in the full-time or part-time business of measuring for hire. (2) To use or operate any device for certification purposes that does not meet, nor in a manner not in accordance with, the requirements of the latest edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices"; (3) To falsify a certificate or to falsely certify any gross, tare, or net weight or measure required by this part to be on the certificate; (4) To refuse without cause to weigh or measure any article or thing which it is the person's duty to weigh or measure, or refuse to state in any certificate anything required to be therein; (5) To hinder or obstruct in any way the commissioner or the commissioner's authorized agent in the performance of the commissioner's official duties under this part; (6) To violate any provision of this part or any regulation promulgated under this part; (7) To delegate such person's authority to any person not licensed as a public weighmaster; (8) To request a false certificate or to request a public weighmaster to weigh, measure, or count any vehicle, property, produce, commodity, or article falsely or incorrectly; (9) To issue a certificate simulating the certificate in this part; or (10) To use or have in such person's possession a device which has been altered to facilitate fraud. Acts 1997, ch. 311, § 2.
It is a prohibited act for any person:
(1) Without a valid license to: (A) Assume the title of public weighmaster, or any title of similar import; (B) Perform the duties or acts to be performed by a public weighmaster; (C) Represent oneself to be a public weighmaster; (D) Issue any certificate, ticket, memorandum, or statement for which a fee is charged; or (E) Engage in the full-time or part-time business of measuring for hire.
(A) Assume the title of public weighmaster, or any title of similar import;
(B) Perform the duties or acts to be performed by a public weighmaster;
(C) Represent oneself to be a public weighmaster;
(D) Issue any certificate, ticket, memorandum, or statement for which a fee is charged; or
(E) Engage in the full-time or part-time business of measuring for hire.
(2) To use or operate any device for certification purposes that does not meet, nor in a manner not in accordance with, the requirements of the latest edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";
(3) To falsify a certificate or to falsely certify any gross, tare, or net weight or measure required by this part to be on the certificate;
(4) To refuse without cause to weigh or measure any article or thing which it is the person's duty to weigh or measure, or refuse to state in any certificate anything required to be therein;
(5) To hinder or obstruct in any way the commissioner or the commissioner's authorized agent in the performance of the commissioner's official duties under this part;
(6) To violate any provision of this part or any regulation promulgated under this part;
(7) To delegate such person's authority to any person not licensed as a public weighmaster;
(8) To request a false certificate or to request a public weighmaster to weigh, measure, or count any vehicle, property, produce, commodity, or article falsely or incorrectly;
(9) To issue a certificate simulating the certificate in this part; or
(10) To use or have in such person's possession a device which has been altered to facilitate fraud.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-5-114 — TN Code / Title 47 / Chapter 5 / Section 47-5-114
Assignment of proceeds
Status: in_force

(a) In this section, "proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary. (b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit. (c) An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment. (d) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor. (e) Rights of a transferee beneficiary or nominated person are independent of the beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds. (f) Neither the rights recognized by this section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by chapter 9 of this title or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by chapter 9 or other law. Acts 1998, ch. 675, § 1.
(a) In this section, "proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.
(b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit.
(c) An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment.
(d) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor.
(e) Rights of a transferee beneficiary or nominated person are independent of the beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds.
(f) Neither the rights recognized by this section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by chapter 9 of this title or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by chapter 9 or other law.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-9-704 — TN Code / Title 47 / Chapter 9 / Section 47-9-704
Security interest unperfected before effective date
Status: in_force

A security interest that is enforceable immediately before this act takes effect but which would be subordinate to the rights of a person that becomes a lien creditor at that time: (1) remains an enforceable security interest for one (1) year after this act takes effect; (2) remains enforceable thereafter if the security interest becomes enforceable under § 47-9-203 on July 1, 2001 or within one (1) year thereafter; and (3) becomes perfected: (A) without further action, on July 1, 2001 if the applicable requirements for perfection under this act are satisfied before or at that time; or (B) when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time. Acts 2000, ch. 846, § 1.
A security interest that is enforceable immediately before this act takes effect but which would be subordinate to the rights of a person that becomes a lien creditor at that time:
(1) remains an enforceable security interest for one (1) year after this act takes effect;
(2) remains enforceable thereafter if the security interest becomes enforceable under § 47-9-203 on July 1, 2001 or within one (1) year thereafter; and
(3) becomes perfected: (A) without further action, on July 1, 2001 if the applicable requirements for perfection under this act are satisfied before or at that time; or (B) when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
(A) without further action, on July 1, 2001 if the applicable requirements for perfection under this act are satisfied before or at that time; or
(B) when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-8-405 — TN Code / Title 47 / Chapter 8 / Section 47-8-405
Replacement of lost, destroyed, or wrongfully taken security certificate
Status: in_force

(a) If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been lost, destroyed, or wrongfully taken, the issuer shall issue a new certificate if the owner: (1) so requests before the issuer has notice that the certificate has been acquired by a protected purchaser; (2) files with the issuer a sufficient indemnity bond; and (3) satisfies other reasonable requirements imposed by the issuer. (b) If, after the issue of a new security certificate, a protected purchaser of the original certificate presents it for registration of transfer, the issuer shall register the transfer unless an overissue would result. In that case, the issuer's liability is governed by § 47-8-210 . In addition to any rights on the indemnity bond, an issuer may recover the new certificate from a person to whom it was issued or any person taking under that person, except a protected purchaser. Acts 1997, ch. 79, § 1.
(a) If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been lost, destroyed, or wrongfully taken, the issuer shall issue a new certificate if the owner: (1) so requests before the issuer has notice that the certificate has been acquired by a protected purchaser; (2) files with the issuer a sufficient indemnity bond; and (3) satisfies other reasonable requirements imposed by the issuer.
(1) so requests before the issuer has notice that the certificate has been acquired by a protected purchaser;
(2) files with the issuer a sufficient indemnity bond; and
(3) satisfies other reasonable requirements imposed by the issuer.
(b) If, after the issue of a new security certificate, a protected purchaser of the original certificate presents it for registration of transfer, the issuer shall register the transfer unless an overissue would result. In that case, the issuer's liability is governed by § 47-8-210 . In addition to any rights on the indemnity bond, an issuer may recover the new certificate from a person to whom it was issued or any person taking under that person, except a protected purchaser.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-18-1004 — TN Code / Title 47 / Chapter 18 / Section 47-18-1004
Information statement required - Record on file
Status: in_force

(a) Before the execution of a contract or agreement between a consumer and a credit services business or the receipt by the credit services business of any money or other valuable consideration, whichever occurs first, the credit services business shall provide the consumer with an information statement in writing containing all of the information required under § 47-18-1005 . (b) The credit services business shall maintain on file or microfilm for a period of two (2) years from the date of the consumer's acknowledgement an exact copy of the information statement personally signed by the consumer acknowledging receipt of a copy of the information statement. Acts 1988, ch. 897, § 4.
(a) Before the execution of a contract or agreement between a consumer and a credit services business or the receipt by the credit services business of any money or other valuable consideration, whichever occurs first, the credit services business shall provide the consumer with an information statement in writing containing all of the information required under § 47-18-1005 .
(b) The credit services business shall maintain on file or microfilm for a period of two (2) years from the date of the consumer's acknowledgement an exact copy of the information statement personally signed by the consumer acknowledging receipt of a copy of the information statement.
Acts 1988, ch. 897, § 4.
Tenn. Code Ann. § 47-30-103 — TN Code / Title 47 / Chapter 30 / Section 47-30-103
Authorized lenders - Designation - Application
Status: in_force

(a) No person, firm, or corporation shall engage in the business of making reverse mortgage loans, unless such person, firm, or corporation is an authorized lender. (b) The Tennessee housing development agency, and any bank, savings institution, or credit union, shall be designated an authorized lender by providing notice, not less than thirty (30) days prior to making any home equity conversion loan or reverse mortgage loan, to the commissioner of its intent to make such loans and stating an effective date. This notification shall be made on a form prescribed by the commissioner and shall contain all information required by the commissioner and contain evidence that the applicant is an approved Fannie Mae or HUD lender. The commissioner may object to the notice by denying the designation prior to the effective date and shall state in the objection any reasons therefor. (c) Any person, firm, or corporation not included in subsection (b) shall file an application for authorization to make reverse mortgage loans, in writing, to the commissioner and in the form prescribed by the commissioner. The application shall contain the name and complete business address or addresses of the applicant and contain evidence that the applicant is an approved Fannie Mae or HUD lender. The application shall also include such information the commissioner deems necessary to evaluate the applicant. Such information may include, but is not limited to, affirmation of financial solvency, all capitalization requirements that are required by the commissioner, and the character, personal experience and business plan of the applicant. The application shall be accompanied by a nonrefundable fee, payable to the commissioner in an amount established by rule. If the commissioner approves the application, the commissioner shall designate the applicant as an authorized lender. (d) The commissioner shall maintain a list of authorized lenders. Acts 1993, ch. 410, §4; 1997 , ch. 286, § 4.
(a) No person, firm, or corporation shall engage in the business of making reverse mortgage loans, unless such person, firm, or corporation is an authorized lender.
(b) The Tennessee housing development agency, and any bank, savings institution, or credit union, shall be designated an authorized lender by providing notice, not less than thirty (30) days prior to making any home equity conversion loan or reverse mortgage loan, to the commissioner of its intent to make such loans and stating an effective date. This notification shall be made on a form prescribed by the commissioner and shall contain all information required by the commissioner and contain evidence that the applicant is an approved Fannie Mae or HUD lender. The commissioner may object to the notice by denying the designation prior to the effective date and shall state in the objection any reasons therefor.
(c) Any person, firm, or corporation not included in subsection (b) shall file an application for authorization to make reverse mortgage loans, in writing, to the commissioner and in the form prescribed by the commissioner. The application shall contain the name and complete business address or addresses of the applicant and contain evidence that the applicant is an approved Fannie Mae or HUD lender. The application shall also include such information the commissioner deems necessary to evaluate the applicant. Such information may include, but is not limited to, affirmation of financial solvency, all capitalization requirements that are required by the commissioner, and the character, personal experience and business plan of the applicant. The application shall be accompanied by a nonrefundable fee, payable to the commissioner in an amount established by rule. If the commissioner approves the application, the commissioner shall designate the applicant as an authorized lender.
(d) The commissioner shall maintain a list of authorized lenders.
Acts 1993, ch. 410, §4; 1997 , ch. 286, § 4.
Tenn. Code Ann. § 47-18-2001 — TN Code / Title 47 / Chapter 18 / Section 47-18-2001
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Minimum Cigarette Pack Size Act of 1999." Acts 1999, ch. 111, § 2.
This part shall be known and may be cited as the "Tennessee Minimum Cigarette Pack Size Act of 1999."
Acts 1999, ch. 111, § 2.
Tenn. Code Ann. § 47-22-401 — TN Code / Title 47 / Chapter 22 / Section 47-22-401
Part definitions
Status: in_force

As used in this part: (1) "Agreement" means a contract to provide payment services; (2) "Bank holding company": (A) Has the same meaning as defined in 12 U.S.C. § 1841 ; (B) Includes any subsidiaries or affiliates, as defined in 12 U.S.C. § 1841 , of a bank holding company; and (C) Includes any federal credit union or state credit union, as those terms are defined in 12 U.S.C. § 1752 ; (3) "Card issuer" means any person who issues a credit card, debit card, or other payment card, or the agent of the person with respect to the card; (4) "Credit card" means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit; (5) "Debit card": (A) Means any card, or other payment code or device, issued or approved for use through a payment card network to debit an asset account, regardless of the purpose for which the account is established, whether authorization is based on signature, PIN, or other means; (B) Includes a general-use prepaid card, as defined in 15 U.S.C. § 1693l-1(a)(2)(A) ; and (C) Does not include paper checks; (6) "Lease" means a transfer of the right to possession and use of a device for a term in return for consideration; (7) "Merchant" means a person, located in this state, that is in the business of selling property or services and that accepts credit cards, debit cards, or other payment cards as payment for property or services sold; (8) "Other payment card": (A) Means any stored-value card, smart card, gift card, or other similar device that enables a person to obtain property or services in a transaction with a merchant, the payment for which is initiated through a payment card network; and (B) Does not include credit cards or debit cards; (9) "Payment acquirer" means a person that contracts directly with a merchant to provide payment services; (10) "Payment card network" means an entity: (A) That directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that route information and data to conduct credit card, debit card, or other payment card transaction authorization, clearance, and settlement; and (B) That a person uses in order to accept as a form of payment a brand of credit card, debit card, or other payment card; (11) "Payment services" means the acceptance, transmission, collection, or settlement of the merchant's sales receipts for the merchant's credit card, debit card, or other payment card transactions; and (12) "Payment services fee": (A) Means any amount: (i) Charged, established, or received by a payment acquirer, payment card network, or card issuer; and (ii) Paid by a merchant in relation to a credit card, debit card, or other payment card transaction; (B) Includes any amount related to the purchase or lease of equipment as part of an agreement to provide payment services used in relationship to credit card, debit card, or other payment card transactions if the amount is charged, established, or received by a payment acquirer, payment card network, or card issuer; and (C) Does not include any fees for providing deposit account, loan, or other services by a bank holding company. Added by 2015 Tenn. Acts, ch. 218, s 1, eff. 1/1/2016. Added by 2015 Tenn. Acts, ch. 175, s 1, eff. 1/1/2016.
As used in this part:
(1) "Agreement" means a contract to provide payment services;
(2) "Bank holding company": (A) Has the same meaning as defined in 12 U.S.C. § 1841 ; (B) Includes any subsidiaries or affiliates, as defined in 12 U.S.C. § 1841 , of a bank holding company; and (C) Includes any federal credit union or state credit union, as those terms are defined in 12 U.S.C. § 1752 ;
(A) Has the same meaning as defined in 12 U.S.C. § 1841 ;
(B) Includes any subsidiaries or affiliates, as defined in 12 U.S.C. § 1841 , of a bank holding company; and
(C) Includes any federal credit union or state credit union, as those terms are defined in 12 U.S.C. § 1752 ;
(3) "Card issuer" means any person who issues a credit card, debit card, or other payment card, or the agent of the person with respect to the card;
(4) "Credit card" means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit;
(5) "Debit card": (A) Means any card, or other payment code or device, issued or approved for use through a payment card network to debit an asset account, regardless of the purpose for which the account is established, whether authorization is based on signature, PIN, or other means; (B) Includes a general-use prepaid card, as defined in 15 U.S.C. § 1693l-1(a)(2)(A) ; and (C) Does not include paper checks;
(A) Means any card, or other payment code or device, issued or approved for use through a payment card network to debit an asset account, regardless of the purpose for which the account is established, whether authorization is based on signature, PIN, or other means;
(B) Includes a general-use prepaid card, as defined in 15 U.S.C. § 1693l-1(a)(2)(A) ; and
(C) Does not include paper checks;
(6) "Lease" means a transfer of the right to possession and use of a device for a term in return for consideration;
(7) "Merchant" means a person, located in this state, that is in the business of selling property or services and that accepts credit cards, debit cards, or other payment cards as payment for property or services sold;
(8) "Other payment card": (A) Means any stored-value card, smart card, gift card, or other similar device that enables a person to obtain property or services in a transaction with a merchant, the payment for which is initiated through a payment card network; and (B) Does not include credit cards or debit cards;
(A) Means any stored-value card, smart card, gift card, or other similar device that enables a person to obtain property or services in a transaction with a merchant, the payment for which is initiated through a payment card network; and
(B) Does not include credit cards or debit cards;
(9) "Payment acquirer" means a person that contracts directly with a merchant to provide payment services;
(10) "Payment card network" means an entity: (A) That directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that route information and data to conduct credit card, debit card, or other payment card transaction authorization, clearance, and settlement; and (B) That a person uses in order to accept as a form of payment a brand of credit card, debit card, or other payment card;
(A) That directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that route information and data to conduct credit card, debit card, or other payment card transaction authorization, clearance, and settlement; and
(B) That a person uses in order to accept as a form of payment a brand of credit card, debit card, or other payment card;
(11) "Payment services" means the acceptance, transmission, collection, or settlement of the merchant's sales receipts for the merchant's credit card, debit card, or other payment card transactions; and
(12) "Payment services fee": (A) Means any amount: (i) Charged, established, or received by a payment acquirer, payment card network, or card issuer; and (ii) Paid by a merchant in relation to a credit card, debit card, or other payment card transaction; (B) Includes any amount related to the purchase or lease of equipment as part of an agreement to provide payment services used in relationship to credit card, debit card, or other payment card transactions if the amount is charged, established, or received by a payment acquirer, payment card network, or card issuer; and (C) Does not include any fees for providing deposit account, loan, or other services by a bank holding company.
(A) Means any amount: (i) Charged, established, or received by a payment acquirer, payment card network, or card issuer; and (ii) Paid by a merchant in relation to a credit card, debit card, or other payment card transaction;
(i) Charged, established, or received by a payment acquirer, payment card network, or card issuer; and
(ii) Paid by a merchant in relation to a credit card, debit card, or other payment card transaction;
(B) Includes any amount related to the purchase or lease of equipment as part of an agreement to provide payment services used in relationship to credit card, debit card, or other payment card transactions if the amount is charged, established, or received by a payment acquirer, payment card network, or card issuer; and
(C) Does not include any fees for providing deposit account, loan, or other services by a bank holding company.
Added by 2015 Tenn. Acts, ch. 218, s 1, eff. 1/1/2016.
Added by 2015 Tenn. Acts, ch. 175, s 1, eff. 1/1/2016.
Tenn. Code Ann. § 47-18-125 — TN Code / Title 47 / Chapter 18 / Section 47-18-125
Additional penalties concerning specially targeted consumers
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Elderly person" means any person who is sixty (60) years of age or older; and (2) "Specially targeted consumers" means elderly persons, persons under eighteen (18) years of age, and current and former military service members. (b) Any person who knowingly uses, or has knowingly used, a method, act, or practice that targets specially targeted consumers and is in violation of this part is liable to this state for a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Each violation may include, but is not limited to, each specially targeted consumer solicited, each advertisement that was distributed, each misrepresentation or deceptive statement that appeared on a solicitation, each time that an advertisement appeared on television or on radio, and each contact, including by telephone call, a direct mail solicitation, or in person solicitation, with a specially targeted consumer to promote or solicit using unfair, misleading, or deceptive acts or practices. (c) The specially targeted consumer does not need to be a citizen of this state if the company or individual is operating from this state or the court otherwise has jurisdiction over the company or individual for engaging in an unfair, misleading, or deceptive act or practice arising in this state. (d) The civil penalties recoverable by this state under this part are supplemental and cumulative to any other available civil penalties and relief available under other laws, regulations, and rules, including, but not limited to, those available pursuant to § 47-18-108 . Amended by 2024 Tenn. Acts, ch. 776,s 14, eff. 4/23/2024. Acts 1999, ch. 200, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Elderly person" means any person who is sixty (60) years of age or older; and (2) "Specially targeted consumers" means elderly persons, persons under eighteen (18) years of age, and current and former military service members.
(1) "Elderly person" means any person who is sixty (60) years of age or older; and
(2) "Specially targeted consumers" means elderly persons, persons under eighteen (18) years of age, and current and former military service members.
(b) Any person who knowingly uses, or has knowingly used, a method, act, or practice that targets specially targeted consumers and is in violation of this part is liable to this state for a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Each violation may include, but is not limited to, each specially targeted consumer solicited, each advertisement that was distributed, each misrepresentation or deceptive statement that appeared on a solicitation, each time that an advertisement appeared on television or on radio, and each contact, including by telephone call, a direct mail solicitation, or in person solicitation, with a specially targeted consumer to promote or solicit using unfair, misleading, or deceptive acts or practices.
(c) The specially targeted consumer does not need to be a citizen of this state if the company or individual is operating from this state or the court otherwise has jurisdiction over the company or individual for engaging in an unfair, misleading, or deceptive act or practice arising in this state.
(d) The civil penalties recoverable by this state under this part are supplemental and cumulative to any other available civil penalties and relief available under other laws, regulations, and rules, including, but not limited to, those available pursuant to § 47-18-108 .
Amended by 2024 Tenn. Acts, ch. 776,s 14, eff. 4/23/2024.
Acts 1999, ch. 200, § 1.
Tenn. Code Ann. § 47-9-514 — TN Code / Title 47 / Chapter 9 / Section 47-9-514
Assignment of powers of secured party of record
Status: in_force

(a) Assignment reflected on initial financing statement. Except as otherwise provided in subsection (c), an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party. (b) Assignment of filed financing statement. Except as otherwise provided in subsection (c), a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which: (1) identifies, by its file number, the initial financing statement to which it relates; (2) provides the name of the assignor; and (3) provides the name and mailing address of the assignee. (c) Assignment of record of mortgage. An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under § 47-9-502(c) may be made only by an assignment of record of the mortgage in the manner provided by law of this state other than the Uniform Commercial Code. Acts 2000, ch. 846, § 1.
(a) Assignment reflected on initial financing statement. Except as otherwise provided in subsection (c), an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.
(b) Assignment of filed financing statement. Except as otherwise provided in subsection (c), a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which: (1) identifies, by its file number, the initial financing statement to which it relates; (2) provides the name of the assignor; and (3) provides the name and mailing address of the assignee.
(1) identifies, by its file number, the initial financing statement to which it relates;
(2) provides the name of the assignor; and
(3) provides the name and mailing address of the assignee.
(c) Assignment of record of mortgage. An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under § 47-9-502(c) may be made only by an assignment of record of the mortgage in the manner provided by law of this state other than the Uniform Commercial Code.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-319 — TN Code / Title 47 / Chapter 18 / Section 47-18-319
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 858, s 16, eff. 7/1/2016. Acts 2008 , ch. 1107, § 2; T.C.A., § 47-18-322 .
Repealed by 2016 Tenn. Acts, ch. 858, s 16, eff. 7/1/2016.
Acts 2008 , ch. 1107, § 2; T.C.A., § 47-18-322 .
Tenn. Code Ann. § 47-16-107 — TN Code / Title 47 / Chapter 16 / Section 47-16-107
Violation of chapter renders contract unenforceable
Status: in_force

Any violation of this chapter shall make the litigation financing contract unenforceable by the litigation financier, the consumer or any successor-in-interest to the litigation financing contract. Acts 2014 , ch. 819, § 1.
Any violation of this chapter shall make the litigation financing contract unenforceable by the litigation financier, the consumer or any successor-in-interest to the litigation financing contract.
Acts 2014 , ch. 819, § 1.
Tenn. Code Ann. § 47-28-103 — TN Code / Title 47 / Chapter 28 / Section 47-28-103
Priority of advances
Status: in_force

(a) The following advances relate back to the time of the recording of the mortgage, and are prior and superior to subsequent encumbrances and conveyances: (1) All advances, whether obligatory or optional, made under an open-end mortgage in accordance with this chapter; (2) All obligatory advances made under any mortgage securing a revolving credit agreement that is not an open-end credit agreement and under any obligatory or optional extension, renewal or amendment of such revolving credit agreement; provided, that no optional extension, renewal or amendment shall increase the advances entitled to priority under this subdivision (a)(2) above the maximum amount entitled to priority under the original revolving credit agreement; and (3) All obligatory advances made under any other mortgage securing future advances. (b) All obligatory advances made pursuant to an optional increase in the credit limit of a revolving credit agreement that is not an open-end credit agreement and pursuant to any obligatory or optional extension, renewal or amendment of such increase shall relate back to the time of the recording of the mortgage securing such revolving credit agreement and are prior and superior to subsequent encumbrances and conveyances unless the mortgagee has actual notice of an intervening conveyance or encumbrance prior to increasing the credit limit. If the mortgagee has actual notice of an intervening conveyance or encumbrance prior to increasing the credit limit, all such obligatory advances shall relate back to the time of the increase. For the purpose of this subsection (b), "actual notice" means knowledge in fact from any source by any means. (c) Optional advances made under any mortgage securing future advances, other than an open-end mortgage, are superior in priority to any intervening conveyance or encumbrance unless the mortgagee has actual notice of the intervening conveyance or encumbrance prior to exercising the mortgagee's option to make the advance. For the purpose of this subsection (c), "actual notice" means knowledge in fact from any source by any means. Acts 1987, ch. 137, § 3; 1994, ch. 590, §§ 4, 5.
(a) The following advances relate back to the time of the recording of the mortgage, and are prior and superior to subsequent encumbrances and conveyances: (1) All advances, whether obligatory or optional, made under an open-end mortgage in accordance with this chapter; (2) All obligatory advances made under any mortgage securing a revolving credit agreement that is not an open-end credit agreement and under any obligatory or optional extension, renewal or amendment of such revolving credit agreement; provided, that no optional extension, renewal or amendment shall increase the advances entitled to priority under this subdivision (a)(2) above the maximum amount entitled to priority under the original revolving credit agreement; and (3) All obligatory advances made under any other mortgage securing future advances.
(1) All advances, whether obligatory or optional, made under an open-end mortgage in accordance with this chapter;
(2) All obligatory advances made under any mortgage securing a revolving credit agreement that is not an open-end credit agreement and under any obligatory or optional extension, renewal or amendment of such revolving credit agreement; provided, that no optional extension, renewal or amendment shall increase the advances entitled to priority under this subdivision (a)(2) above the maximum amount entitled to priority under the original revolving credit agreement; and
(3) All obligatory advances made under any other mortgage securing future advances.
(b) All obligatory advances made pursuant to an optional increase in the credit limit of a revolving credit agreement that is not an open-end credit agreement and pursuant to any obligatory or optional extension, renewal or amendment of such increase shall relate back to the time of the recording of the mortgage securing such revolving credit agreement and are prior and superior to subsequent encumbrances and conveyances unless the mortgagee has actual notice of an intervening conveyance or encumbrance prior to increasing the credit limit. If the mortgagee has actual notice of an intervening conveyance or encumbrance prior to increasing the credit limit, all such obligatory advances shall relate back to the time of the increase. For the purpose of this subsection (b), "actual notice" means knowledge in fact from any source by any means.
(c) Optional advances made under any mortgage securing future advances, other than an open-end mortgage, are superior in priority to any intervening conveyance or encumbrance unless the mortgagee has actual notice of the intervening conveyance or encumbrance prior to exercising the mortgagee's option to make the advance. For the purpose of this subsection (c), "actual notice" means knowledge in fact from any source by any means.
Acts 1987, ch. 137, § 3; 1994, ch. 590, §§ 4, 5.