Tenn. Code Ann. § 47-18-1526 — TN Code / Title 47 / Chapter 18 / Section 47-18-1526
Telephone solicitations prohibited
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee; (2) "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods or services; (3) "Telephone solicitor" means any natural person, firm, organization, partnership, association or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but not limited to, calls made by use of automated dialing or recorded message devices; (4) "Telephonic sales call" means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used by the solicitor or a third party for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes or in connection with prizes, gifts or awards presentations; and (5) "Unsolicited telephonic sales call" means a telephonic sales call other than a call made: (A) In response to an express request of the person called; (B) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or (C) To any person with whom the telephone solicitor has a prior or existing business relationship. (b) No telephone solicitor shall make or cause to be made any unsolicited telephonic sales call to any residential, mobile or telephonic paging device telephone number unless such person or entity has instituted procedures for maintaining a list of persons who do not wish to receive telephone solicitations made by or on behalf of that person or entity, in compliance with 47 CFR 64 or 16 CFR 310. (c) (1) No telephonic sales calls shall be made by a telephone solicitor to a consumer from a telephone if the telephone number of the caller is unlisted, or if the telephone solicitor is using telephone equipment which blocks the caller ID function on the telephone or telephone equipment of the number dialed so that the telephone number of the caller is not displayed on the telephone or telephone equipment which is technically capable of displaying the telephone number of the caller. (2) (A) In addition to any other penalty provided by this section, it is an offense for a person owning or directing the use of telephones or telephone equipment in violation of subdivision (c)(1) to use or intentionally employ or direct a telephone solicitor to use, or to contract for the use of, telephones or telephone equipment to make telephonic sales calls in violation of subdivision (c)(1). (B) A violation of this subdivision (c)(2) is a Class A misdemeanor, punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation. (d) The attorney general shall investigate any complaints received concerning violations of this section pursuant to § 47-18-106 . The civil penalty shall not exceed one thousand dollars ($1,000) per violation. This civil penalty may be recovered in any action brought under this part by the attorney general, or the attorney general may terminate any investigation or action upon agreement by the person to pay a stipulated civil penalty. The attorney general or the court may waive any civil penalty if the person has previously made full restitution or reimbursement or has paid actual damages to the consumers who have been injured by the violation. It shall be an affirmative defense in any action brought under this subsection (d) that the defendant has established and implemented reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations established in this section. Amended by 2019 Tenn. Acts, ch. 459, s 28, eff. 9/30/2019. Amended by 2019 Tenn. Acts, ch. 459, s 27, eff. 9/30/2019. Acts 1996, ch. 948, § 1; 1998, ch. 734, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee; (2) "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods or services; (3) "Telephone solicitor" means any natural person, firm, organization, partnership, association or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but not limited to, calls made by use of automated dialing or recorded message devices; (4) "Telephonic sales call" means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used by the solicitor or a third party for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes or in connection with prizes, gifts or awards presentations; and (5) "Unsolicited telephonic sales call" means a telephonic sales call other than a call made: (A) In response to an express request of the person called; (B) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or (C) To any person with whom the telephone solicitor has a prior or existing business relationship.
(1) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee;
(2) "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods or services;
(3) "Telephone solicitor" means any natural person, firm, organization, partnership, association or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but not limited to, calls made by use of automated dialing or recorded message devices;
(4) "Telephonic sales call" means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used by the solicitor or a third party for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes or in connection with prizes, gifts or awards presentations; and
(5) "Unsolicited telephonic sales call" means a telephonic sales call other than a call made: (A) In response to an express request of the person called; (B) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or (C) To any person with whom the telephone solicitor has a prior or existing business relationship.
(A) In response to an express request of the person called;
(B) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or
(C) To any person with whom the telephone solicitor has a prior or existing business relationship.
(b) No telephone solicitor shall make or cause to be made any unsolicited telephonic sales call to any residential, mobile or telephonic paging device telephone number unless such person or entity has instituted procedures for maintaining a list of persons who do not wish to receive telephone solicitations made by or on behalf of that person or entity, in compliance with 47 CFR 64 or 16 CFR 310.
(c) (1) No telephonic sales calls shall be made by a telephone solicitor to a consumer from a telephone if the telephone number of the caller is unlisted, or if the telephone solicitor is using telephone equipment which blocks the caller ID function on the telephone or telephone equipment of the number dialed so that the telephone number of the caller is not displayed on the telephone or telephone equipment which is technically capable of displaying the telephone number of the caller. (2) (A) In addition to any other penalty provided by this section, it is an offense for a person owning or directing the use of telephones or telephone equipment in violation of subdivision (c)(1) to use or intentionally employ or direct a telephone solicitor to use, or to contract for the use of, telephones or telephone equipment to make telephonic sales calls in violation of subdivision (c)(1). (B) A violation of this subdivision (c)(2) is a Class A misdemeanor, punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation.
(1) No telephonic sales calls shall be made by a telephone solicitor to a consumer from a telephone if the telephone number of the caller is unlisted, or if the telephone solicitor is using telephone equipment which blocks the caller ID function on the telephone or telephone equipment of the number dialed so that the telephone number of the caller is not displayed on the telephone or telephone equipment which is technically capable of displaying the telephone number of the caller.
(2) (A) In addition to any other penalty provided by this section, it is an offense for a person owning or directing the use of telephones or telephone equipment in violation of subdivision (c)(1) to use or intentionally employ or direct a telephone solicitor to use, or to contract for the use of, telephones or telephone equipment to make telephonic sales calls in violation of subdivision (c)(1). (B) A violation of this subdivision (c)(2) is a Class A misdemeanor, punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation.
(A) In addition to any other penalty provided by this section, it is an offense for a person owning or directing the use of telephones or telephone equipment in violation of subdivision (c)(1) to use or intentionally employ or direct a telephone solicitor to use, or to contract for the use of, telephones or telephone equipment to make telephonic sales calls in violation of subdivision (c)(1).
(B) A violation of this subdivision (c)(2) is a Class A misdemeanor, punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation.
(d) The attorney general shall investigate any complaints received concerning violations of this section pursuant to § 47-18-106 . The civil penalty shall not exceed one thousand dollars ($1,000) per violation. This civil penalty may be recovered in any action brought under this part by the attorney general, or the attorney general may terminate any investigation or action upon agreement by the person to pay a stipulated civil penalty. The attorney general or the court may waive any civil penalty if the person has previously made full restitution or reimbursement or has paid actual damages to the consumers who have been injured by the violation. It shall be an affirmative defense in any action brought under this subsection (d) that the defendant has established and implemented reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations established in this section.
Amended by 2019 Tenn. Acts, ch. 459, s 28, eff. 9/30/2019.
Amended by 2019 Tenn. Acts, ch. 459, s 27, eff. 9/30/2019.
Acts 1996, ch. 948, § 1; 1998, ch. 734, § 1.
Tenn. Code Ann. § 47-18-107 — TN Code / Title 47 / Chapter 18 / Section 47-18-107
Assurance of voluntary compliance - Penalty for violation
Status: in_force

(a) In the administration of this part, the attorney general may negotiate and accept an assurance of voluntary compliance with respect to any act or practice considered to violate this part, from any person who allegedly is engaging in, has engaged in, or, based upon information received from another law enforcement agency, is about to engage in the act or practice. The assurance shall be in writing and shall be filed with and subject to the approval of the circuit or chancery court of Davidson County. (b) The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person considered to be in violation of this part restore to any person in interest any money or property, real, personal, or mixed, which may have been acquired by means of acts or practices which are considered to violate this part. (c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this part. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of the assurance is prima facie evidence of a violation of this part. (d) Matters closed by the filing of an assurance of voluntary compliance may be reopened for cause by the attorney general at any time. (e) Assurance of voluntary compliance shall in no way affect individual rights of action which may exist independent of the recovery of money or property received pursuant to a stipulation in voluntary compliance under subsection (b). (f) Any knowing violation of the terms of an agreement of voluntary compliance, unless it has been rescinded by agreement of the parties or voided by a court for good cause, shall be punishable by a civil penalty of not more than one thousand dollars ($1,000), recoverable by the state for each violation, in addition to any other appropriate sanction. Amended by 2019 Tenn. Acts, ch. 459, s 6, eff. 9/30/2019. Acts 1977, ch. 438, § 8.
(a) In the administration of this part, the attorney general may negotiate and accept an assurance of voluntary compliance with respect to any act or practice considered to violate this part, from any person who allegedly is engaging in, has engaged in, or, based upon information received from another law enforcement agency, is about to engage in the act or practice. The assurance shall be in writing and shall be filed with and subject to the approval of the circuit or chancery court of Davidson County.
(b) The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person considered to be in violation of this part restore to any person in interest any money or property, real, personal, or mixed, which may have been acquired by means of acts or practices which are considered to violate this part.
(c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this part. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of the assurance is prima facie evidence of a violation of this part.
(d) Matters closed by the filing of an assurance of voluntary compliance may be reopened for cause by the attorney general at any time.
(e) Assurance of voluntary compliance shall in no way affect individual rights of action which may exist independent of the recovery of money or property received pursuant to a stipulation in voluntary compliance under subsection (b).
(f) Any knowing violation of the terms of an agreement of voluntary compliance, unless it has been rescinded by agreement of the parties or voided by a court for good cause, shall be punishable by a civil penalty of not more than one thousand dollars ($1,000), recoverable by the state for each violation, in addition to any other appropriate sanction.
Amended by 2019 Tenn. Acts, ch. 459, s 6, eff. 9/30/2019.
Acts 1977, ch. 438, § 8.
Tenn. Code Ann. § 47-18-408 — TN Code / Title 47 / Chapter 18 / Section 47-18-408
Private cause of action for unlawful electronic dissemination of commercial recording or audiovisual work by website or online service
Status: in_force

(a) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this part may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this part and obtain an injunction against a person who knowingly has violated, is violating, or is otherwise likely to violate this part. As a condition precedent to filing a civil action under this section, the aggrieved party must provide written notice to an individual alleged to be in violation of this part. The written notice must explain that the individual may be in violation of this part and that failure to cure the violation within fourteen (14) days of receipt of the written notice may result in a civil action filed in a court of competent jurisdiction. (b) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this part. (c) The prevailing party in a cause of action under this section is entitled to recover necessary expenses and reasonable attorneys' fees. Added by 2021 Tenn. Acts, ch. 87,s 3, eff. 7/1/2021.
(a) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this part may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this part and obtain an injunction against a person who knowingly has violated, is violating, or is otherwise likely to violate this part. As a condition precedent to filing a civil action under this section, the aggrieved party must provide written notice to an individual alleged to be in violation of this part. The written notice must explain that the individual may be in violation of this part and that failure to cure the violation within fourteen (14) days of receipt of the written notice may result in a civil action filed in a court of competent jurisdiction.
(b) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this part.
(c) The prevailing party in a cause of action under this section is entitled to recover necessary expenses and reasonable attorneys' fees.
Added by 2021 Tenn. Acts, ch. 87,s 3, eff. 7/1/2021.
Tenn. Code Ann. § 47-2-311 — TN Code / Title 47 / Chapter 2 / Section 47-2-311
Options and cooperation respecting performance
Status: in_force

(1) An agreement for sale which is otherwise sufficiently definite (§ 47-2-204(3) ) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one (1) of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness. (2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in § 47-2-319(1)(c) and (3) specifications or arrangements relating to shipment are at the seller's option. (3) Where such specification would materially affect the other party's performance but is not seasonably made or where one (1) party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies: (a) is excused for any resulting delay in his own performance; and (b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods. Acts 1963, ch. 81, § 1 (2-311).
(1) An agreement for sale which is otherwise sufficiently definite (§ 47-2-204(3) ) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one (1) of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.
(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in § 47-2-319(1)(c) and (3) specifications or arrangements relating to shipment are at the seller's option.
(3) Where such specification would materially affect the other party's performance but is not seasonably made or where one (1) party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies: (a) is excused for any resulting delay in his own performance; and (b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
(a) is excused for any resulting delay in his own performance; and
(b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
Acts 1963, ch. 81, § 1 (2-311).
Tenn. Code Ann. § 47-25-202 — TN Code / Title 47 / Chapter 25 / Section 47-25-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) (A) "Cost to the retailer" means whichever is lower of the following: (i) The purchase price of the product or commodity to the retailer at the retail outlet when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the retailer; or (ii) The replacement cost of such product or commodity to the retailer at the time of sale in the quantity last purchased by the retailer; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment, and plus a mark-up amounting to not less than the minimum cost of distribution by the most efficient retailer, which mark-up, in the absence of proof to the contrary, shall be six percent (6%); (B) In all retail sales involving more than one (1) item or commodity, the retailer's price on individual items or commodities shall be computed on the "cost to the retailer" as herein defined; (C) "Cost to the retailer" in either of the above definitions includes as a part thereof any and all taxes and/or licenses levied against the item or items by the federal, state, county or municipal government; (D) "Cost to the retailer" must be bona fide cost, and sales to retailers at prices which cannot be justified by existing market conditions within this state shall not be used as a basis for computing costs with respect to sales by retailers; (2) (A) "Cost to the wholesaler" means and includes whichever is lower of the following: (i) The purchase price of the product or commodity to the wholesaler when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the wholesaler; or (ii) The replacement cost of such product or commodity to the wholesaler at the time of sale in the quantity last purchased by the wholesaler; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment; (B) In all wholesale sales involving more than one (1) item or commodity, the wholesaler's selling price on individual items or commodities shall be computed on the "cost to wholesaler," as herein defined; (C) "Cost to the wholesaler" must be bona fide cost, and sales to wholesalers at prices which cannot be justified by existing market conditions within this state shall not be used as a basis for computing costs with respect to sales by wholesalers; (3) "Retailer" means and includes every person, partnership, firm, corporation or association engaged in the business of making sales at retail within this state; (4) "Sale at retail," "sales at retail" or "retail sale" means and includes any transfer, made in the ordinary course of trade or in the usual prosecution of the seller's business, of title to tangible personal property to the purchaser for use or consumption and for a valuable consideration. "Sale at retail," "sales at retail" or "retail sale" mean any transfer of such property where title is retained as security for the purchase price but is intended to be transferred later; (5) "Sale at wholesale," "sales at wholesale" or "wholesale sales" means and includes any transfer, for a valuable consideration made in the ordinary course of trade or the usual prosecution of the seller's business, of title to tangible personal property to the purchaser for resale either in its original form or as processed or prepared for resale by hotels, cafes, or hospitals or other institutions. "Sale at wholesale," "sales at wholesale" or "wholesale sales" mean any transfer of such property where title is retained as security for the purchase price but is intended to be transferred later; and (6) "Wholesaler" means and includes every person, partnership, firm, corporation, or association engaged in the business of making sales at wholesale within this state. Acts 1937, ch. 69, § 1; 1941, ch. 85, § 1; C. Supp. 1950, § 6770.7; T.C.A. (orig. ed.), § 69-302.
As used in this part, unless the context otherwise requires:
(1) (A) "Cost to the retailer" means whichever is lower of the following: (i) The purchase price of the product or commodity to the retailer at the retail outlet when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the retailer; or (ii) The replacement cost of such product or commodity to the retailer at the time of sale in the quantity last purchased by the retailer; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment, and plus a mark-up amounting to not less than the minimum cost of distribution by the most efficient retailer, which mark-up, in the absence of proof to the contrary, shall be six percent (6%); (B) In all retail sales involving more than one (1) item or commodity, the retailer's price on individual items or commodities shall be computed on the "cost to the retailer" as herein defined; (C) "Cost to the retailer" in either of the above definitions includes as a part thereof any and all taxes and/or licenses levied against the item or items by the federal, state, county or municipal government; (D) "Cost to the retailer" must be bona fide cost, and sales to retailers at prices which cannot be justified by existing market conditions within this state shall not be used as a basis for computing costs with respect to sales by retailers;
(A) "Cost to the retailer" means whichever is lower of the following: (i) The purchase price of the product or commodity to the retailer at the retail outlet when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the retailer; or (ii) The replacement cost of such product or commodity to the retailer at the time of sale in the quantity last purchased by the retailer; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment, and plus a mark-up amounting to not less than the minimum cost of distribution by the most efficient retailer, which mark-up, in the absence of proof to the contrary, shall be six percent (6%);
(i) The purchase price of the product or commodity to the retailer at the retail outlet when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the retailer; or
(ii) The replacement cost of such product or commodity to the retailer at the time of sale in the quantity last purchased by the retailer; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment, and plus a mark-up amounting to not less than the minimum cost of distribution by the most efficient retailer, which mark-up, in the absence of proof to the contrary, shall be six percent (6%);
less any legitimate trade discounts, but exclusive of cash discounts for prompt payment, and plus a mark-up amounting to not less than the minimum cost of distribution by the most efficient retailer, which mark-up, in the absence of proof to the contrary, shall be six percent (6%);
(B) In all retail sales involving more than one (1) item or commodity, the retailer's price on individual items or commodities shall be computed on the "cost to the retailer" as herein defined;
(C) "Cost to the retailer" in either of the above definitions includes as a part thereof any and all taxes and/or licenses levied against the item or items by the federal, state, county or municipal government;
(D) "Cost to the retailer" must be bona fide cost, and sales to retailers at prices which cannot be justified by existing market conditions within this state shall not be used as a basis for computing costs with respect to sales by retailers;
(2) (A) "Cost to the wholesaler" means and includes whichever is lower of the following: (i) The purchase price of the product or commodity to the wholesaler when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the wholesaler; or (ii) The replacement cost of such product or commodity to the wholesaler at the time of sale in the quantity last purchased by the wholesaler; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment; (B) In all wholesale sales involving more than one (1) item or commodity, the wholesaler's selling price on individual items or commodities shall be computed on the "cost to wholesaler," as herein defined; (C) "Cost to the wholesaler" must be bona fide cost, and sales to wholesalers at prices which cannot be justified by existing market conditions within this state shall not be used as a basis for computing costs with respect to sales by wholesalers;
(A) "Cost to the wholesaler" means and includes whichever is lower of the following: (i) The purchase price of the product or commodity to the wholesaler when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the wholesaler; or (ii) The replacement cost of such product or commodity to the wholesaler at the time of sale in the quantity last purchased by the wholesaler; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment;
(i) The purchase price of the product or commodity to the wholesaler when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the wholesaler; or
(ii) The replacement cost of such product or commodity to the wholesaler at the time of sale in the quantity last purchased by the wholesaler; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment;
less any legitimate trade discounts, but exclusive of cash discounts for prompt payment;
(B) In all wholesale sales involving more than one (1) item or commodity, the wholesaler's selling price on individual items or commodities shall be computed on the "cost to wholesaler," as herein defined;
(C) "Cost to the wholesaler" must be bona fide cost, and sales to wholesalers at prices which cannot be justified by existing market conditions within this state shall not be used as a basis for computing costs with respect to sales by wholesalers;
(3) "Retailer" means and includes every person, partnership, firm, corporation or association engaged in the business of making sales at retail within this state;
(4) "Sale at retail," "sales at retail" or "retail sale" means and includes any transfer, made in the ordinary course of trade or in the usual prosecution of the seller's business, of title to tangible personal property to the purchaser for use or consumption and for a valuable consideration. "Sale at retail," "sales at retail" or "retail sale" mean any transfer of such property where title is retained as security for the purchase price but is intended to be transferred later;
(5) "Sale at wholesale," "sales at wholesale" or "wholesale sales" means and includes any transfer, for a valuable consideration made in the ordinary course of trade or the usual prosecution of the seller's business, of title to tangible personal property to the purchaser for resale either in its original form or as processed or prepared for resale by hotels, cafes, or hospitals or other institutions. "Sale at wholesale," "sales at wholesale" or "wholesale sales" mean any transfer of such property where title is retained as security for the purchase price but is intended to be transferred later; and
(6) "Wholesaler" means and includes every person, partnership, firm, corporation, or association engaged in the business of making sales at wholesale within this state.
Acts 1937, ch. 69, § 1; 1941, ch. 85, § 1; C. Supp. 1950, § 6770.7; T.C.A. (orig. ed.), § 69-302.
Tenn. Code Ann. § 47-25-107 — TN Code / Title 47 / Chapter 25 / Section 47-25-107
Civil actions under Sections 47-25-101 - 47-25-106 - Evidence
Status: in_force

(a) Upon the trial of any civil action against any person for a violation of any of the provisions of §§ 47-25-101 - 47-25-106, all officers, stockholders, and agents of such corporation, person, or copartnership shall be competent witnesses against the defendant, as such, on trial. (b) Such officers, stockholders, and agents may be compelled to testify against such defendant, and produce all books and papers in their custody or control pertinent to the issues in such action at or before the time of trial, and shall not be excused from producing any books or papers because they might tend to incriminate such witnesses, but nothing which such witness shall testify to, and no books or papers produced by the witness, shall in any manner be used against the witness in any criminal action to which the witness is a party. Acts 1891, ch. 218, § 7; Shan., § 3191; Code 1932, § 5887; T.C.A. (orig. ed.), § 69-107.
(a) Upon the trial of any civil action against any person for a violation of any of the provisions of §§ 47-25-101 - 47-25-106, all officers, stockholders, and agents of such corporation, person, or copartnership shall be competent witnesses against the defendant, as such, on trial.
(b) Such officers, stockholders, and agents may be compelled to testify against such defendant, and produce all books and papers in their custody or control pertinent to the issues in such action at or before the time of trial, and shall not be excused from producing any books or papers because they might tend to incriminate such witnesses, but nothing which such witness shall testify to, and no books or papers produced by the witness, shall in any manner be used against the witness in any criminal action to which the witness is a party.
Acts 1891, ch. 218, § 7; Shan., § 3191; Code 1932, § 5887; T.C.A. (orig. ed.), § 69-107.
Tenn. Code Ann. § 47-18-5706 — TN Code / Title 47 / Chapter 18 / Section 47-18-5706
Waiver prohibited
Status: in_force

(a) A waiver or limitation, or a purported waiver or limitation, of the following is void as unlawful and against public policy: (1) A protection or requirement provided under this part; and (2) The right to cooperate with the attorney general and reporter or another law enforcement agency. (b) A court, arbitrator, or tribunal shall not enforce or give effect to a waiver or limitation described in subsection (a), notwithstanding a contract or choice of law provision in a contract. Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
(a) A waiver or limitation, or a purported waiver or limitation, of the following is void as unlawful and against public policy: (1) A protection or requirement provided under this part; and (2) The right to cooperate with the attorney general and reporter or another law enforcement agency.
(1) A protection or requirement provided under this part; and
(2) The right to cooperate with the attorney general and reporter or another law enforcement agency.
(b) A court, arbitrator, or tribunal shall not enforce or give effect to a waiver or limitation described in subsection (a), notwithstanding a contract or choice of law provision in a contract.
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 47-30-117 — TN Code / Title 47 / Chapter 30 / Section 47-30-117
Legislative intent - Construction with other laws
Status: in_force

It is the intent of the general assembly to authorize reverse mortgage loans under the provisions, terms and conditions imposed by this chapter. Nothing in this chapter shall be construed to apply to or restrict any loan, mortgage, or deed of trust which is valid under any other provision. Acts 1993, ch. 410, § 18.
It is the intent of the general assembly to authorize reverse mortgage loans under the provisions, terms and conditions imposed by this chapter. Nothing in this chapter shall be construed to apply to or restrict any loan, mortgage, or deed of trust which is valid under any other provision.
Acts 1993, ch. 410, § 18.
Tenn. Code Ann. § 47-2a-102 — TN Code / Title 47 / Chapter 2a / Section 47-2a-102
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 1 - GENERAL PROVISIONS (§§ 47-2A-101 — 47-2A-111) Section 47-2A-102 - Scope
Status: in_force

This chapter applies to any transaction, regardless of form, that creates a lease. Acts 1993, ch. 398, § 1.
This chapter applies to any transaction, regardless of form, that creates a lease.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-16-102 — TN Code / Title 47 / Chapter 16 / Section 47-16-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Consumer" means any natural person who resides, is present or is domiciled in this state, or who is or may become a plaintiff or complainant in a dispute in this state; (2) "Litigation financier" means a person, entity or partnership engaged in the business of litigation financing; and (3) "Litigation financing" or "litigation financing transaction": (A) Means a non-recourse transaction in which financing is provided to a consumer in return for a consumer assigning to the litigation financier a contingent right to receive an amount of the potential proceeds of the consumer's judgment, award, settlement or verdict obtained with respect to the consumer's legal claim; and (B) Does not include: (i) Legal services provided on a contingency fee basis, or advanced legal costs, where such services or costs are provided to or on behalf of a consumer by an attorney representing the consumer in the dispute and in accordance with the Tennessee Rules of Professional Conduct; (ii) A commercial tort claim as defined by § 47-9-102 ; or (iii) A claim under the Workers' Compensation Law, compiled in title 50, chapter 6. Acts 2014, ch. 819, § 1.
As used in this chapter:
(1) "Consumer" means any natural person who resides, is present or is domiciled in this state, or who is or may become a plaintiff or complainant in a dispute in this state;
(2) "Litigation financier" means a person, entity or partnership engaged in the business of litigation financing; and
(3) "Litigation financing" or "litigation financing transaction": (A) Means a non-recourse transaction in which financing is provided to a consumer in return for a consumer assigning to the litigation financier a contingent right to receive an amount of the potential proceeds of the consumer's judgment, award, settlement or verdict obtained with respect to the consumer's legal claim; and (B) Does not include: (i) Legal services provided on a contingency fee basis, or advanced legal costs, where such services or costs are provided to or on behalf of a consumer by an attorney representing the consumer in the dispute and in accordance with the Tennessee Rules of Professional Conduct; (ii) A commercial tort claim as defined by § 47-9-102 ; or (iii) A claim under the Workers' Compensation Law, compiled in title 50, chapter 6.
(A) Means a non-recourse transaction in which financing is provided to a consumer in return for a consumer assigning to the litigation financier a contingent right to receive an amount of the potential proceeds of the consumer's judgment, award, settlement or verdict obtained with respect to the consumer's legal claim; and
(B) Does not include: (i) Legal services provided on a contingency fee basis, or advanced legal costs, where such services or costs are provided to or on behalf of a consumer by an attorney representing the consumer in the dispute and in accordance with the Tennessee Rules of Professional Conduct; (ii) A commercial tort claim as defined by § 47-9-102 ; or (iii) A claim under the Workers' Compensation Law, compiled in title 50, chapter 6.
(i) Legal services provided on a contingency fee basis, or advanced legal costs, where such services or costs are provided to or on behalf of a consumer by an attorney representing the consumer in the dispute and in accordance with the Tennessee Rules of Professional Conduct;
(ii) A commercial tort claim as defined by § 47-9-102 ; or
(iii) A claim under the Workers' Compensation Law, compiled in title 50, chapter 6.
Acts 2014, ch. 819, § 1.
Tenn. Code Ann. § 47-26-919 — TN Code / Title 47 / Chapter 26 / Section 47-26-919
Advertising
Status: in_force

(a) Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. There shall not be included as part of the declaration required under this section such qualifying terms as "when packed," "minimum," "not less than," or any other terms of similar import, nor any term qualifying a unit of weight, measure, or count (for example, "jumbo," "giant," "full," and the like) that tends to exaggerate the amount of commodity in the package. (b) (1) Weights and measures or weighing and measuring equipment shall not be advertised in any manner using the terms "certified," "state certified," "approved," "state approved," "inspected," "state inspected," or terms of similar import. (2) Notwithstanding subdivision (b)(1), a company that was doing business in Tennessee and using the word "certified" as part of its company name, advertising and signage prior to July 1, 1997, may continue to use the word "certified" in advertising and signage for its weights and measures and weighing and measuring equipment; provided, that the company's use of the word "certified": (A) Does not intentionally defraud, deceive or mislead the consumer; (B) Does not give the false impression that the weighing or measuring equipment has met specific criteria and has been officially approved by the weights and measures division of the department of agriculture or any other federal, state or local governmental agency or weights and measures organization; and (C) The company uses in conjunction with its advertising and signage a disclaimer that states in general terms that the use of the word "certified" does not signify that the weighing or measuring equipment has met specific criteria and has been officially approved by a governmental agency or weights and measures organization. Acts 1997, ch. 311, § 1; 1999, ch. 69, § 1.
(a) Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. There shall not be included as part of the declaration required under this section such qualifying terms as "when packed," "minimum," "not less than," or any other terms of similar import, nor any term qualifying a unit of weight, measure, or count (for example, "jumbo," "giant," "full," and the like) that tends to exaggerate the amount of commodity in the package.
(b) (1) Weights and measures or weighing and measuring equipment shall not be advertised in any manner using the terms "certified," "state certified," "approved," "state approved," "inspected," "state inspected," or terms of similar import. (2) Notwithstanding subdivision (b)(1), a company that was doing business in Tennessee and using the word "certified" as part of its company name, advertising and signage prior to July 1, 1997, may continue to use the word "certified" in advertising and signage for its weights and measures and weighing and measuring equipment; provided, that the company's use of the word "certified": (A) Does not intentionally defraud, deceive or mislead the consumer; (B) Does not give the false impression that the weighing or measuring equipment has met specific criteria and has been officially approved by the weights and measures division of the department of agriculture or any other federal, state or local governmental agency or weights and measures organization; and (C) The company uses in conjunction with its advertising and signage a disclaimer that states in general terms that the use of the word "certified" does not signify that the weighing or measuring equipment has met specific criteria and has been officially approved by a governmental agency or weights and measures organization.
(1) Weights and measures or weighing and measuring equipment shall not be advertised in any manner using the terms "certified," "state certified," "approved," "state approved," "inspected," "state inspected," or terms of similar import.
(2) Notwithstanding subdivision (b)(1), a company that was doing business in Tennessee and using the word "certified" as part of its company name, advertising and signage prior to July 1, 1997, may continue to use the word "certified" in advertising and signage for its weights and measures and weighing and measuring equipment; provided, that the company's use of the word "certified": (A) Does not intentionally defraud, deceive or mislead the consumer; (B) Does not give the false impression that the weighing or measuring equipment has met specific criteria and has been officially approved by the weights and measures division of the department of agriculture or any other federal, state or local governmental agency or weights and measures organization; and (C) The company uses in conjunction with its advertising and signage a disclaimer that states in general terms that the use of the word "certified" does not signify that the weighing or measuring equipment has met specific criteria and has been officially approved by a governmental agency or weights and measures organization.
(A) Does not intentionally defraud, deceive or mislead the consumer;
(B) Does not give the false impression that the weighing or measuring equipment has met specific criteria and has been officially approved by the weights and measures division of the department of agriculture or any other federal, state or local governmental agency or weights and measures organization; and
(C) The company uses in conjunction with its advertising and signage a disclaimer that states in general terms that the use of the word "certified" does not signify that the weighing or measuring equipment has met specific criteria and has been officially approved by a governmental agency or weights and measures organization.
Acts 1997, ch. 311, § 1; 1999, ch. 69, § 1.
Tenn. Code Ann. § 47-9-612 — TN Code / Title 47 / Chapter 9 / Section 47-9-612
Timeliness of notification before disposition of collateral
Status: in_force

(a) Reasonable time is question of fact. Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact. (b) 10-day period sufficient. A notification of disposition sent after default and ten (10) days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition. Acts 2000, ch. 846, § 1.
(a) Reasonable time is question of fact. Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact.
(b) 10-day period sufficient. A notification of disposition sent after default and ten (10) days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-25-801 — TN Code / Title 47 / Chapter 25 / Section 47-25-801
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Coupon Sales Promotion Act of 1980." Acts 1980, ch. 718, § 1; T.C.A., § 69-901.
This part shall be known and may be cited as the "Tennessee Coupon Sales Promotion Act of 1980."
Acts 1980, ch. 718, § 1; T.C.A., § 69-901.
Tenn. Code Ann. § 47-31-102 — TN Code / Title 47 / Chapter 31 / Section 47-31-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the master settlement agreement; (2) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, "owns", "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent (10%) or more, and "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons; (3) "Allocable share" means allocable share as defined in the master settlement agreement; (4) (A) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subdivision (4)(A)(i); (B) "Cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette," nine hundredths (0.09) ounces of "roll-your-own" tobacco constitutes one (1) individual "cigarette;" (5) "Master settlement agreement" means the settlement agreement, and related documents, entered into in the fall of 1998 by the state and leading United States tobacco product manufacturers; (6) "Qualified escrow fund" means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars ($1,000,000,000) where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with § 47-31-103(a)(2)(D) ; (7) "Released claims" means released claims as defined in the master settlement agreement; (8) "Releasing parties" means releasing parties as defined in the master settlement agreement; (9) (A) "Tobacco product manufacturer" means an entity that after May 26, 1999, directly and not exclusively through any affiliate: (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as defined in the master settlement agreement), that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of subsection II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (iii) Becomes a successor of an entity described in subdivision (9)(A)(i) or (ii). (B) "Tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of subdivisions (9)(A)(i)-(iii); and (10) (A) "Units sold" means the number of individual cigarettes sold to a consumer in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question regardless of whether the state excise tax was due or collected; (B) "Units sold" does not include cigarettes sold on federal military installations or that are otherwise exempt from state excise tax pursuant to federal law; (C) For purposes of this part, regarding cigarettes for which the state cigarette or other tobacco product tax is paid, such cigarettes shall be deemed as being sold to a consumer upon the affixing of the state cigarette tax stamp or, for roll your own tobacco, when the state tax on other tobacco products is paid; (D) The department of revenue shall promulgate rules as are necessary to ascertain the number of units sold by such tobacco product manufacturer for each year. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2014 Tenn. Acts, ch. 749, s 1, eff. 4/22/2014. Acts 1999, ch. 278, § 3; 2000, ch. 936, §§ 1 - 11.
As used in this chapter:
(1) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the master settlement agreement;
(2) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, "owns", "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent (10%) or more, and "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons;
(3) "Allocable share" means allocable share as defined in the master settlement agreement;
(4) (A) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subdivision (4)(A)(i); (B) "Cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette," nine hundredths (0.09) ounces of "roll-your-own" tobacco constitutes one (1) individual "cigarette;"
(A) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subdivision (4)(A)(i);
(i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(ii) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
(iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subdivision (4)(A)(i);
(B) "Cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette," nine hundredths (0.09) ounces of "roll-your-own" tobacco constitutes one (1) individual "cigarette;"
(5) "Master settlement agreement" means the settlement agreement, and related documents, entered into in the fall of 1998 by the state and leading United States tobacco product manufacturers;
(6) "Qualified escrow fund" means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars ($1,000,000,000) where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with § 47-31-103(a)(2)(D) ;
(7) "Released claims" means released claims as defined in the master settlement agreement;
(8) "Releasing parties" means releasing parties as defined in the master settlement agreement;
(9) (A) "Tobacco product manufacturer" means an entity that after May 26, 1999, directly and not exclusively through any affiliate: (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as defined in the master settlement agreement), that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of subsection II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (iii) Becomes a successor of an entity described in subdivision (9)(A)(i) or (ii). (B) "Tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of subdivisions (9)(A)(i)-(iii); and
(A) "Tobacco product manufacturer" means an entity that after May 26, 1999, directly and not exclusively through any affiliate: (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as defined in the master settlement agreement), that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of subsection II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States); (ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or (iii) Becomes a successor of an entity described in subdivision (9)(A)(i) or (ii).
(i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as defined in the master settlement agreement), that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of subsection II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);
(ii) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or
(iii) Becomes a successor of an entity described in subdivision (9)(A)(i) or (ii).
(B) "Tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of subdivisions (9)(A)(i)-(iii); and
(10) (A) "Units sold" means the number of individual cigarettes sold to a consumer in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question regardless of whether the state excise tax was due or collected; (B) "Units sold" does not include cigarettes sold on federal military installations or that are otherwise exempt from state excise tax pursuant to federal law; (C) For purposes of this part, regarding cigarettes for which the state cigarette or other tobacco product tax is paid, such cigarettes shall be deemed as being sold to a consumer upon the affixing of the state cigarette tax stamp or, for roll your own tobacco, when the state tax on other tobacco products is paid; (D) The department of revenue shall promulgate rules as are necessary to ascertain the number of units sold by such tobacco product manufacturer for each year. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(A) "Units sold" means the number of individual cigarettes sold to a consumer in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question regardless of whether the state excise tax was due or collected;
(B) "Units sold" does not include cigarettes sold on federal military installations or that are otherwise exempt from state excise tax pursuant to federal law;
(C) For purposes of this part, regarding cigarettes for which the state cigarette or other tobacco product tax is paid, such cigarettes shall be deemed as being sold to a consumer upon the affixing of the state cigarette tax stamp or, for roll your own tobacco, when the state tax on other tobacco products is paid;
(D) The department of revenue shall promulgate rules as are necessary to ascertain the number of units sold by such tobacco product manufacturer for each year. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2014 Tenn. Acts, ch. 749, s 1, eff. 4/22/2014.
Acts 1999, ch. 278, § 3; 2000, ch. 936, §§ 1 - 11.
Tenn. Code Ann. § 47-2-307 — TN Code / Title 47 / Chapter 2 / Section 47-2-307
Delivery in single lot or several lots
Status: in_force

Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender but where the circumstances give either party the right to make or demand delivery in lots the price if it can be apportioned may be demanded for each lot. Acts 1963, ch. 81, § 1 (2-307).
Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender but where the circumstances give either party the right to make or demand delivery in lots the price if it can be apportioned may be demanded for each lot.
Acts 1963, ch. 81, § 1 (2-307).
Tenn. Code Ann. § 47-3-104 — TN Code / Title 47 / Chapter 3 / Section 47-3-104
Negotiable instrument
Status: in_force

(a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it: (1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder; (2) Is payable on demand or at a definite time; and (3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor. (b) "Instrument" means a negotiable instrument. (c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check. (d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this chapter. (e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either. (f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank, (ii) a cashier's check or teller's check, or (iii) a payee-initiated demand draft. An instrument may be a check even though it is described on its face by another term, such as "money order." (g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank. (h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank. (i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument. (j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank. (k) "Payee-initiated demand draft" means a draft that is not signed by a customer, as defined in § 47-4-104(a)(5) , and that is created by a third party under the purported authority of the customer for the purpose of charging the customer's account with a bank. A payee-initiated demand draft may contain any or all of the following: (1) The customer's printed or typewritten name or account number; (2) A notation that the customer authorized the draft; or (3) The statement "No signature required," "Authorization on file," "Signature on file," or words to that effect. A payee-initiated demand draft shall not include a check purportedly drawn by and bearing the signature of a fiduciary, as defined in § 47-3-307(a)(1) . Acts 1995, ch. 397, § 2; 2003 , ch. 62, §§ 2, 3.
(a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it: (1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder; (2) Is payable on demand or at a definite time; and (3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.
(1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;
(2) Is payable on demand or at a definite time; and
(3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.
(b) "Instrument" means a negotiable instrument.
(c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check.
(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this chapter.
(e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either.
(f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank, (ii) a cashier's check or teller's check, or (iii) a payee-initiated demand draft. An instrument may be a check even though it is described on its face by another term, such as "money order."
(i) a draft, other than a documentary draft, payable on demand and drawn on a bank,
(ii) a cashier's check or teller's check, or
(iii) a payee-initiated demand draft. An instrument may be a check even though it is described on its face by another term, such as "money order."
(g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.
(h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.
(i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.
(j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.
(k) "Payee-initiated demand draft" means a draft that is not signed by a customer, as defined in § 47-4-104(a)(5) , and that is created by a third party under the purported authority of the customer for the purpose of charging the customer's account with a bank. A payee-initiated demand draft may contain any or all of the following: (1) The customer's printed or typewritten name or account number; (2) A notation that the customer authorized the draft; or (3) The statement "No signature required," "Authorization on file," "Signature on file," or words to that effect. A payee-initiated demand draft shall not include a check purportedly drawn by and bearing the signature of a fiduciary, as defined in § 47-3-307(a)(1) .
(1) The customer's printed or typewritten name or account number;
(2) A notation that the customer authorized the draft; or
(3) The statement "No signature required," "Authorization on file," "Signature on file," or words to that effect. A payee-initiated demand draft shall not include a check purportedly drawn by and bearing the signature of a fiduciary, as defined in § 47-3-307(a)(1) .
A payee-initiated demand draft shall not include a check purportedly drawn by and bearing the signature of a fiduciary, as defined in § 47-3-307(a)(1) .
Acts 1995, ch. 397, § 2; 2003 , ch. 62, §§ 2, 3.
Tenn. Code Ann. § 47-9-807 — TN Code / Title 47 / Chapter 9 / Section 47-9-807
Amendment of pre-effective-date financing statement
Status: in_force

(a) Pre-effective-date financing statement. In this section, "pre-effective-date financing statement" means a financing statement filed before this act takes effect. (b) Applicable law. After this act takes effect a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this chapter as amended by this act. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed. (c) Method of amending: general rule. Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this act takes effect only if: (1) The pre-effective-date financing statement and an amendment are filed in the office specified in § 47-9-501 ; (2) An amendment is filed in the office specified in § 47-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 47-9-806(c) ; or (3) An initial financing statement that provides the information as amended and satisfies § 47-9-806(c) is filed in the office specified in § 47-9-501 . (d) Method of amending: continuation. If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under § 47-9-805(c) and (e) or § 47-9-806 . (e) Method of amending: additional termination rule. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after this act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies § 47-9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this chapter as amended by this act as the office in which to file a financing statement. Acts 2012, ch. 708, § 20.
(a) Pre-effective-date financing statement. In this section, "pre-effective-date financing statement" means a financing statement filed before this act takes effect.
(b) Applicable law. After this act takes effect a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this chapter as amended by this act. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending: general rule. Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this act takes effect only if: (1) The pre-effective-date financing statement and an amendment are filed in the office specified in § 47-9-501 ; (2) An amendment is filed in the office specified in § 47-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 47-9-806(c) ; or (3) An initial financing statement that provides the information as amended and satisfies § 47-9-806(c) is filed in the office specified in § 47-9-501 .
(1) The pre-effective-date financing statement and an amendment are filed in the office specified in § 47-9-501 ;
(2) An amendment is filed in the office specified in § 47-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 47-9-806(c) ; or
(3) An initial financing statement that provides the information as amended and satisfies § 47-9-806(c) is filed in the office specified in § 47-9-501 .
(d) Method of amending: continuation. If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under § 47-9-805(c) and (e) or § 47-9-806 .
(e) Method of amending: additional termination rule. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after this act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies § 47-9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this chapter as amended by this act as the office in which to file a financing statement.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-9-702 — TN Code / Title 47 / Chapter 9 / Section 47-9-702
Savings clause
Status: in_force

(a) Pre-effective-date transactions or liens. Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect. (b) Continuing validity. Except as otherwise provided in subsection (c) and §§ 47-9-703 through 47-9-709 : (1) transactions and liens that were not governed by former Chapter 9, were validly entered into or created before July 1, 2001, and would be subject to this act if they had been entered into or created after this act takes effect, and the rights, duties, and interests flowing from those transactions and liens remain valid after July 1, 2001; and (2) the transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this act or by the law that otherwise would apply if this act had not taken effect. (c) Pre-effective-date proceedings. This act does not affect an action, case, or proceeding commenced before July 1, 2001. Acts 2000, ch. 846, § 1.
(a) Pre-effective-date transactions or liens. Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect.
(b) Continuing validity. Except as otherwise provided in subsection (c) and §§ 47-9-703 through 47-9-709 : (1) transactions and liens that were not governed by former Chapter 9, were validly entered into or created before July 1, 2001, and would be subject to this act if they had been entered into or created after this act takes effect, and the rights, duties, and interests flowing from those transactions and liens remain valid after July 1, 2001; and (2) the transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this act or by the law that otherwise would apply if this act had not taken effect.
(1) transactions and liens that were not governed by former Chapter 9, were validly entered into or created before July 1, 2001, and would be subject to this act if they had been entered into or created after this act takes effect, and the rights, duties, and interests flowing from those transactions and liens remain valid after July 1, 2001; and
(2) the transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this act or by the law that otherwise would apply if this act had not taken effect.
(c) Pre-effective-date proceedings. This act does not affect an action, case, or proceeding commenced before July 1, 2001.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-22-403 — TN Code / Title 47 / Chapter 22 / Section 47-22-403
Remedies of merchant for noncompliance by payment acquirer
Status: in_force

(a) If a payment acquirer fails to comply with § 47-22-402 , the merchant may terminate the agreement; provided, however, prior to terminating the agreement, the merchant shall provide the payment acquirer written notice of the payment acquirer's failure to comply with § 47-22-402 . The notice required by this subsection (a) shall specify the information the merchant requests under § 47-22-402 . If the agreement sets out the manner by which notice pursuant to this subsection (a) shall be given, the terms of the agreement as to the manner in which the notice shall be given shall control. (b) If noncompliance is based on a failure to disclose information described in § 47-22-402(1) or (3) , the payment acquirer shall be given thirty (30) days from the date notice was provided to the payment acquirer pursuant to subsection (a) to comply with § 47-22-402 and provide the information. Notwithstanding subsection (a), if the payment acquirer complies with § 47-22-402(1) or (3) within the thirty-day period, the merchant shall not be allowed to terminate the agreement pursuant to this section. Added by 2015 Tenn. Acts, ch. 175,s 1, eff. 1/1/2016.
(a) If a payment acquirer fails to comply with § 47-22-402 , the merchant may terminate the agreement; provided, however, prior to terminating the agreement, the merchant shall provide the payment acquirer written notice of the payment acquirer's failure to comply with § 47-22-402 . The notice required by this subsection (a) shall specify the information the merchant requests under § 47-22-402 . If the agreement sets out the manner by which notice pursuant to this subsection (a) shall be given, the terms of the agreement as to the manner in which the notice shall be given shall control.
(b) If noncompliance is based on a failure to disclose information described in § 47-22-402(1) or (3) , the payment acquirer shall be given thirty (30) days from the date notice was provided to the payment acquirer pursuant to subsection (a) to comply with § 47-22-402 and provide the information. Notwithstanding subsection (a), if the payment acquirer complies with § 47-22-402(1) or (3) within the thirty-day period, the merchant shall not be allowed to terminate the agreement pursuant to this section.
Added by 2015 Tenn. Acts, ch. 175,s 1, eff. 1/1/2016.
Tenn. Code Ann. § 47-2-601 — TN Code / Title 47 / Chapter 2 / Section 47-2-601
Buyer's rights on improper delivery
Status: in_force

Subject to the provisions of this chapter on breach in installment contracts (§ 47-2-612 ) and unless otherwise agreed under the sections on contractual limitations of remedy (§§ 47-2-718 and 47-2-719 ), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may: (a) reject the whole; or (b) accept the whole; or (c) accept any commercial unit or units and reject the rest. Acts 1963, ch. 81, § 1 (2-601).
Subject to the provisions of this chapter on breach in installment contracts (§ 47-2-612 ) and unless otherwise agreed under the sections on contractual limitations of remedy (§§ 47-2-718 and 47-2-719 ), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may:
(a) reject the whole; or
(b) accept the whole; or
(c) accept any commercial unit or units and reject the rest.
Acts 1963, ch. 81, § 1 (2-601).
Tenn. Code Ann. § 47-25-602 — TN Code / Title 47 / Chapter 25 / Section 47-25-602
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Cost to the retailer" means the sum of: (A) The lower of: (i) The purchase price of petroleum distillates to the retailer, less all trade discounts, allowances, or rebates actually granted to the retailer; or (ii) The replacement cost of petroleum distillates at the time of retail sale in the quantity last purchased by the retailer; (B) The cost of transportation of petroleum distillates from the point of purchase by the retailer to the retail location; (C) All applicable federal, state, or local motor fuel or sales taxes not already included in the purchase price to the retailer; and (D) The reasonable cost of overhead for petroleum distillates at that location; (2) "Dealer" means any person, firm, corporation, or partnership engaged in the sale of petroleum products to the public at retail; (3) "Distributor" means any person, firm, partnership, or corporation engaged in the sale of petroleum or related products at wholesale to dealers; (4) "Exempt" means those sales at retail exempt by § 47-25-204 ; (5) (A) "Franchise" means a contract or agreement between a dealer and a distributor or producer of petroleum products or other related products which grants to the dealer the right and authority to sell or use in connection with the sale of petroleum products, motor fuel, or related products, such as tires, batteries, etc., a petroleum trademark, trade name, service mark, or other identifying symbol or name. (B) "Franchise" includes a contract or agreement under which such dealer is granted authority to occupy premises owned, leased, or in any way controlled by a producer or distributor, which premises are to be employed for the sale or distribution of petroleum or related products under the producer or distributor's petroleum trademark, trade name, service mark, or other identifying symbol or name which is controlled by the distributor or producer. (C) "Franchise" does not include contracts and agreements with persons employed directly by a producer or distributor of petroleum and related products to manage, operate, run, or administer the retail sale of such products to the consuming public on premises owned or leased by the producer or distributor; (6) "Petroleum or related products" means all petroleum distillates including, but not limited to, gasoline, motor fuels, and lubricants and those products generally sold at retail outlets in connection with such petroleum products under a trademark, trade name, or symbol including, but not limited to, tires, batteries, and other motor vehicle accessories. Each separate grade or blend of a petroleum distillate shall be considered an individual item, product, and commodity; (7) "Producer" means any person, firm, partnership or corporation engaged in the drilling, pumping, importing, refining, or wholesaling of petroleum and related products under a trademark, trade name, service mark, or other identifying symbol or name whether or not such organization distributes such products to dealers; (8) "Retailer" means a dealer, as defined in this section; (9) "Sale at retail," "sales at retail" or "retail sale" means sale at retail, sales at retail, or retail sale, as defined in § 47-25-202 ; (10) "Vertical integration" means the ownership or control of all phases of the production of petroleum products including the drilling, pumping, refining, distribution, and resale of such petroleum products by a person, firm, partnership or corporation or from the well to the gasoline pump; and (11) "Vertically integrated producer" means a producer controlling all phases of petroleum production and sale from the well through distribution to dealers as defined herein. Acts 1975, ch. 232, § 1; T.C.A., § 69-702; Acts 1988, ch. 1033, §§ 1, 2.
As used in this part, unless the context otherwise requires:
(1) "Cost to the retailer" means the sum of: (A) The lower of: (i) The purchase price of petroleum distillates to the retailer, less all trade discounts, allowances, or rebates actually granted to the retailer; or (ii) The replacement cost of petroleum distillates at the time of retail sale in the quantity last purchased by the retailer; (B) The cost of transportation of petroleum distillates from the point of purchase by the retailer to the retail location; (C) All applicable federal, state, or local motor fuel or sales taxes not already included in the purchase price to the retailer; and (D) The reasonable cost of overhead for petroleum distillates at that location;
(A) The lower of: (i) The purchase price of petroleum distillates to the retailer, less all trade discounts, allowances, or rebates actually granted to the retailer; or (ii) The replacement cost of petroleum distillates at the time of retail sale in the quantity last purchased by the retailer;
(i) The purchase price of petroleum distillates to the retailer, less all trade discounts, allowances, or rebates actually granted to the retailer; or
(ii) The replacement cost of petroleum distillates at the time of retail sale in the quantity last purchased by the retailer;
(B) The cost of transportation of petroleum distillates from the point of purchase by the retailer to the retail location;
(C) All applicable federal, state, or local motor fuel or sales taxes not already included in the purchase price to the retailer; and
(D) The reasonable cost of overhead for petroleum distillates at that location;
(2) "Dealer" means any person, firm, corporation, or partnership engaged in the sale of petroleum products to the public at retail;
(3) "Distributor" means any person, firm, partnership, or corporation engaged in the sale of petroleum or related products at wholesale to dealers;
(4) "Exempt" means those sales at retail exempt by § 47-25-204 ;
(5) (A) "Franchise" means a contract or agreement between a dealer and a distributor or producer of petroleum products or other related products which grants to the dealer the right and authority to sell or use in connection with the sale of petroleum products, motor fuel, or related products, such as tires, batteries, etc., a petroleum trademark, trade name, service mark, or other identifying symbol or name. (B) "Franchise" includes a contract or agreement under which such dealer is granted authority to occupy premises owned, leased, or in any way controlled by a producer or distributor, which premises are to be employed for the sale or distribution of petroleum or related products under the producer or distributor's petroleum trademark, trade name, service mark, or other identifying symbol or name which is controlled by the distributor or producer. (C) "Franchise" does not include contracts and agreements with persons employed directly by a producer or distributor of petroleum and related products to manage, operate, run, or administer the retail sale of such products to the consuming public on premises owned or leased by the producer or distributor;
(A) "Franchise" means a contract or agreement between a dealer and a distributor or producer of petroleum products or other related products which grants to the dealer the right and authority to sell or use in connection with the sale of petroleum products, motor fuel, or related products, such as tires, batteries, etc., a petroleum trademark, trade name, service mark, or other identifying symbol or name.
(B) "Franchise" includes a contract or agreement under which such dealer is granted authority to occupy premises owned, leased, or in any way controlled by a producer or distributor, which premises are to be employed for the sale or distribution of petroleum or related products under the producer or distributor's petroleum trademark, trade name, service mark, or other identifying symbol or name which is controlled by the distributor or producer.
(C) "Franchise" does not include contracts and agreements with persons employed directly by a producer or distributor of petroleum and related products to manage, operate, run, or administer the retail sale of such products to the consuming public on premises owned or leased by the producer or distributor;
(6) "Petroleum or related products" means all petroleum distillates including, but not limited to, gasoline, motor fuels, and lubricants and those products generally sold at retail outlets in connection with such petroleum products under a trademark, trade name, or symbol including, but not limited to, tires, batteries, and other motor vehicle accessories. Each separate grade or blend of a petroleum distillate shall be considered an individual item, product, and commodity;
(7) "Producer" means any person, firm, partnership or corporation engaged in the drilling, pumping, importing, refining, or wholesaling of petroleum and related products under a trademark, trade name, service mark, or other identifying symbol or name whether or not such organization distributes such products to dealers;
(8) "Retailer" means a dealer, as defined in this section;
(9) "Sale at retail," "sales at retail" or "retail sale" means sale at retail, sales at retail, or retail sale, as defined in § 47-25-202 ;
(10) "Vertical integration" means the ownership or control of all phases of the production of petroleum products including the drilling, pumping, refining, distribution, and resale of such petroleum products by a person, firm, partnership or corporation or from the well to the gasoline pump; and
(11) "Vertically integrated producer" means a producer controlling all phases of petroleum production and sale from the well through distribution to dealers as defined herein.
Acts 1975, ch. 232, § 1; T.C.A., § 69-702; Acts 1988, ch. 1033, §§ 1, 2.
Tenn. Code Ann. § 47-18-3401 — TN Code / Title 47 / Chapter 18 / Section 47-18-3401
Part definitions
Status: in_force

As used in this part: (1) "Authorized complex rehabilitation technology supplier" means a seller of complex rehabilitation technology that supplies products and services for complex rehabilitation technology equipment; (2) "Complex rehabilitation technology": (A) Has the same meaning as defined in § 71-5-159 ; and (B) Includes a manual wheelchair or power wheelchair; (3) "Independent repair person" means a person who does not have a formal relationship or agreement with a complex rehabilitation technology manufacturer, provider, or supplier; (4) "Manual wheelchair": (A) Has the same meaning as described in § 71-5-159(a)(1) ; and (B) Includes an unpowered, specialized, and medically necessary wheelchair; (5) "Power wheelchair" has the same meaning as described in § 71-5-159(a)(1) ; (6) "Preventative maintenance": (A) Means the regular and routine maintenance of a wheelchair, as described in the wheelchair's owner's manual, to ensure that the wheelchair maintains its originally-designed quality, function, and utility; and (B) Includes an assessment of: (i) The physical condition of the complex rehabilitation technology; and (ii) Any medically necessary repairs that the authorized technician is able to complete; and (7) "Repair" means the repair or replacement of a deficient, broken, or otherwise malfunctioning part, component, hardware, or software, when the deficient, broken, or otherwise malfunctioning state of such part, component, hardware, or software results in the incapacity of or otherwise diminished capacity for use of a complex rehabilitation technology. Added by 2024 Tenn. Acts, ch. 1050,s 1, eff. 7/1/2024.
As used in this part:
(1) "Authorized complex rehabilitation technology supplier" means a seller of complex rehabilitation technology that supplies products and services for complex rehabilitation technology equipment;
(2) "Complex rehabilitation technology": (A) Has the same meaning as defined in § 71-5-159 ; and (B) Includes a manual wheelchair or power wheelchair;
(A) Has the same meaning as defined in § 71-5-159 ; and
(B) Includes a manual wheelchair or power wheelchair;
(3) "Independent repair person" means a person who does not have a formal relationship or agreement with a complex rehabilitation technology manufacturer, provider, or supplier;
(4) "Manual wheelchair": (A) Has the same meaning as described in § 71-5-159(a)(1) ; and (B) Includes an unpowered, specialized, and medically necessary wheelchair;
(A) Has the same meaning as described in § 71-5-159(a)(1) ; and
(B) Includes an unpowered, specialized, and medically necessary wheelchair;
(5) "Power wheelchair" has the same meaning as described in § 71-5-159(a)(1) ;
(6) "Preventative maintenance": (A) Means the regular and routine maintenance of a wheelchair, as described in the wheelchair's owner's manual, to ensure that the wheelchair maintains its originally-designed quality, function, and utility; and (B) Includes an assessment of: (i) The physical condition of the complex rehabilitation technology; and (ii) Any medically necessary repairs that the authorized technician is able to complete; and
(A) Means the regular and routine maintenance of a wheelchair, as described in the wheelchair's owner's manual, to ensure that the wheelchair maintains its originally-designed quality, function, and utility; and
(B) Includes an assessment of: (i) The physical condition of the complex rehabilitation technology; and (ii) Any medically necessary repairs that the authorized technician is able to complete; and
(i) The physical condition of the complex rehabilitation technology; and
(ii) Any medically necessary repairs that the authorized technician is able to complete; and
(7) "Repair" means the repair or replacement of a deficient, broken, or otherwise malfunctioning part, component, hardware, or software, when the deficient, broken, or otherwise malfunctioning state of such part, component, hardware, or software results in the incapacity of or otherwise diminished capacity for use of a complex rehabilitation technology.
Added by 2024 Tenn. Acts, ch. 1050,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 47-18-5540 — TN Code / Title 47 / Chapter 18 / Section 47-18-5540
Transitional provisions - Application to existing transactions
Status: in_force

Transactions entered into before this part takes effect and the rights, duties and interests resulting from them may be completed, terminated or enforced as required or permitted by a law amended, repealed or modified by this part as though the amendment, repeal or modification had not occurred. Acts 2009, ch. 469, § 1.
Transactions entered into before this part takes effect and the rights, duties and interests resulting from them may be completed, terminated or enforced as required or permitted by a law amended, repealed or modified by this part as though the amendment, repeal or modification had not occurred.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-25-401 — TN Code / Title 47 / Chapter 25 / Section 47-25-401
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Deceptive imitation" means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying; (2) "Drug" includes all preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of diseases of either humans or other animals; (3) "Misbranded" means a drug the container of which bears a counterfeit, copy, or deceptive imitation of any trademark; (4) "Owner" means the person having the right to the use of a trademark. A subsisting certificate of registration under the laws of this state or of the United States shall constitute prima facie evidence of ownership; (5) "Person" includes any individual, partnership, corporation, or association; and (6) "Trademark" includes any trade or identifying mark, term, design, device, label, slogan, dress, or other means by which the goods of any producer, manufacturer, packer, owner, or seller may be identified. Acts 1933, ch. 113, § 1; C. Supp. 1950, § 6594.1; T.C.A. (orig. ed.), §§ 69-513, 47-25-413.
As used in this part, unless the context otherwise requires:
(1) "Deceptive imitation" means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying;
(2) "Drug" includes all preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of diseases of either humans or other animals;
(3) "Misbranded" means a drug the container of which bears a counterfeit, copy, or deceptive imitation of any trademark;
(4) "Owner" means the person having the right to the use of a trademark. A subsisting certificate of registration under the laws of this state or of the United States shall constitute prima facie evidence of ownership;
(5) "Person" includes any individual, partnership, corporation, or association; and
(6) "Trademark" includes any trade or identifying mark, term, design, device, label, slogan, dress, or other means by which the goods of any producer, manufacturer, packer, owner, or seller may be identified.
Acts 1933, ch. 113, § 1; C. Supp. 1950, § 6594.1; T.C.A. (orig. ed.), §§ 69-513, 47-25-413.
Tenn. Code Ann. § 47-9-404 — TN Code / Title 47 / Chapter 9 / Section 47-9-404
Rights acquired by assignee - Claims and defenses against assignee
Status: in_force

(a) Assignee's rights subject to terms, claims, and defenses; exceptions. Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subsections (b) through (e), the rights of an assignee are subject to: (1) all terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and (2) any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee. (b) Account debtor's claim reduces amount owed to assignee. Subject to subsection (c) and except as otherwise provided in subsection (d), the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) only to reduce the amount the account debtor owes. (c) Rule for individual under other law. This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record include a statement to the effect that the account debtor's recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement. (e) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a health-care-insurance receivable. Acts 2000, ch. 846, § 1.
(a) Assignee's rights subject to terms, claims, and defenses; exceptions. Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subsections (b) through (e), the rights of an assignee are subject to: (1) all terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and (2) any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee.
(1) all terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and
(2) any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee.
(b) Account debtor's claim reduces amount owed to assignee. Subject to subsection (c) and except as otherwise provided in subsection (d), the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) only to reduce the amount the account debtor owes.
(c) Rule for individual under other law. This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record include a statement to the effect that the account debtor's recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement.
(e) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a health-care-insurance receivable.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-8-402 — TN Code / Title 47 / Chapter 8 / Section 47-8-402
Assurance that endorsement or instruction is effective
Status: in_force

(a) An issuer may require the following assurance that each necessary endorsement or each instruction is genuine and authorized: (1) in all cases, a guaranty of the signature of the person making an endorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity; (2) if the endorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign; (3) if the endorsement is made or the instruction is originated by a fiduciary pursuant to § 47-8-107(a)(4) or (a)(5) , appropriate evidence of appointment or incumbency; (4) if there is more than one (1) fiduciary, reasonable assurance that all who are required to sign have done so; and (5) if the endorsement is made or the instruction is originated by a person not covered by another provision of this subsection, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subsection. (b) An issuer may elect to require reasonable assurance beyond that specified in this section. (c) In this section: (1) "Guaranty of the signature" means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable. (2) "Appropriate evidence of appointment or incumbency" means: (i) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within sixty (60) days before the date of presentation for transfer; or (ii) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considers appropriate. Acts 1997, ch. 79, § 1.
(a) An issuer may require the following assurance that each necessary endorsement or each instruction is genuine and authorized: (1) in all cases, a guaranty of the signature of the person making an endorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity; (2) if the endorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign; (3) if the endorsement is made or the instruction is originated by a fiduciary pursuant to § 47-8-107(a)(4) or (a)(5) , appropriate evidence of appointment or incumbency; (4) if there is more than one (1) fiduciary, reasonable assurance that all who are required to sign have done so; and (5) if the endorsement is made or the instruction is originated by a person not covered by another provision of this subsection, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subsection.
(1) in all cases, a guaranty of the signature of the person making an endorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity;
(2) if the endorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign;
(3) if the endorsement is made or the instruction is originated by a fiduciary pursuant to § 47-8-107(a)(4) or (a)(5) , appropriate evidence of appointment or incumbency;
(4) if there is more than one (1) fiduciary, reasonable assurance that all who are required to sign have done so; and
(5) if the endorsement is made or the instruction is originated by a person not covered by another provision of this subsection, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subsection.
(b) An issuer may elect to require reasonable assurance beyond that specified in this section.
(c) In this section: (1) "Guaranty of the signature" means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable. (2) "Appropriate evidence of appointment or incumbency" means: (i) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within sixty (60) days before the date of presentation for transfer; or (ii) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considers appropriate.
(1) "Guaranty of the signature" means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable.
(2) "Appropriate evidence of appointment or incumbency" means: (i) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within sixty (60) days before the date of presentation for transfer; or (ii) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considers appropriate.
(i) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within sixty (60) days before the date of presentation for transfer; or
(ii) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considers appropriate.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-25-802 — TN Code / Title 47 / Chapter 25 / Section 47-25-802
Part definitions
Status: in_force

As used in this part, except where the context otherwise requires: (1) "Coupon" means any writing, form, ticket, certificate, token, or similar device designed or intended to be sold or offered for sale which is represented as entitling the purchaser or holder to purchase or procure goods or services at a reduced price or free of charge upon presentation thereof to the seller or supplier of such goods or services. "Coupon" includes "coupon book." "Coupon" does not include: (A) Coupons sold or offered for sale directly by the coupon sponsor where all proceeds from the sale are returned to the sponsor; (B) Coupons redeemable only for motor vehicle parking or urban mass transit privileges; (C) Coupons published by or distributed through newspapers or other periodicals, in advertisements other than their own; (D) Coupons within, attached to, or a part of any package or container as packed by the original manufacturer and which are redeemed by such manufacturer; (E) Trading stamps; and (F) Cents-off or free coupons authorized by the original manufacturer or retailer and distributed in any fashion; (2) "Coupon book" means a group of two (2) or more coupons sold, offered for sale, or otherwise distributed as a single unit; (3) "Person" means any individual, partnership, firm, corporation, association, or other business organization or entity, including charitable or nonprofit organizations and their officers and employees; (4) "Promoter" means any person, and any agent or representative of such person, engaged in the sale or offering or solicitation for sale of coupons; and (5) "Sponsor" means any person represented as being obligated to provide goods, services, or discount privileges to the purchaser or holder of a coupon. Acts 1980, ch. 718, § 2; T.C.A., § 69-902.
As used in this part, except where the context otherwise requires:
(1) "Coupon" means any writing, form, ticket, certificate, token, or similar device designed or intended to be sold or offered for sale which is represented as entitling the purchaser or holder to purchase or procure goods or services at a reduced price or free of charge upon presentation thereof to the seller or supplier of such goods or services. "Coupon" includes "coupon book." "Coupon" does not include: (A) Coupons sold or offered for sale directly by the coupon sponsor where all proceeds from the sale are returned to the sponsor; (B) Coupons redeemable only for motor vehicle parking or urban mass transit privileges; (C) Coupons published by or distributed through newspapers or other periodicals, in advertisements other than their own; (D) Coupons within, attached to, or a part of any package or container as packed by the original manufacturer and which are redeemed by such manufacturer; (E) Trading stamps; and (F) Cents-off or free coupons authorized by the original manufacturer or retailer and distributed in any fashion;
(A) Coupons sold or offered for sale directly by the coupon sponsor where all proceeds from the sale are returned to the sponsor;
(B) Coupons redeemable only for motor vehicle parking or urban mass transit privileges;
(C) Coupons published by or distributed through newspapers or other periodicals, in advertisements other than their own;
(D) Coupons within, attached to, or a part of any package or container as packed by the original manufacturer and which are redeemed by such manufacturer;
(E) Trading stamps; and
(F) Cents-off or free coupons authorized by the original manufacturer or retailer and distributed in any fashion;
(2) "Coupon book" means a group of two (2) or more coupons sold, offered for sale, or otherwise distributed as a single unit;
(3) "Person" means any individual, partnership, firm, corporation, association, or other business organization or entity, including charitable or nonprofit organizations and their officers and employees;
(4) "Promoter" means any person, and any agent or representative of such person, engaged in the sale or offering or solicitation for sale of coupons; and
(5) "Sponsor" means any person represented as being obligated to provide goods, services, or discount privileges to the purchaser or holder of a coupon.
Acts 1980, ch. 718, § 2; T.C.A., § 69-902.
Tenn. Code Ann. § 47-4a-406 — TN Code / Title 47 / Chapter 4a / Section 47-4a-406
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 4 - PAYMENT (§§ 47-4A-401 — 47-4A-406) Section 47-4A-406 - Payment by originator to beneficiary - Discharge of underlying obligation
Status: in_force

(a) Subject to §§ 47-4A-211(e) , 47-4A-405(d) , and 47-4A-405(e) , the originator of a funds transfer pays the beneficiary of the originator's payment order: (i) At the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer; and (ii) In an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order. (b) If payment under subsection (a) is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless: (i) The payment under subsection (a) was made by a means prohibited by the contract of the beneficiary with respect to the obligation; (ii) The beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notified the originator of the beneficiary's refusal of the payment; (iii) Funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary; and (iv) The beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under § 47-4A-404(a) . (c) For the purpose of determining whether discharge of an obligation occurs under subsection (b), if the beneficiary's bank accepts a payment order in an amount equal to the amount of the originator's payment order less charges of one (1) or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator's order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges. (d) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary. Acts 1991, ch. 52, § 1.
(a) Subject to §§ 47-4A-211(e) , 47-4A-405(d) , and 47-4A-405(e) , the originator of a funds transfer pays the beneficiary of the originator's payment order: (i) At the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer; and (ii) In an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order.
(i) At the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer; and
(ii) In an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order.
(b) If payment under subsection (a) is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless: (i) The payment under subsection (a) was made by a means prohibited by the contract of the beneficiary with respect to the obligation; (ii) The beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notified the originator of the beneficiary's refusal of the payment; (iii) Funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary; and (iv) The beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under § 47-4A-404(a) .
(i) The payment under subsection (a) was made by a means prohibited by the contract of the beneficiary with respect to the obligation;
(ii) The beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notified the originator of the beneficiary's refusal of the payment;
(iii) Funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary; and
(iv) The beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under § 47-4A-404(a) .
If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under § 47-4A-404(a) .
(c) For the purpose of determining whether discharge of an obligation occurs under subsection (b), if the beneficiary's bank accepts a payment order in an amount equal to the amount of the originator's payment order less charges of one (1) or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator's order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.
(d) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-2-602 — TN Code / Title 47 / Chapter 2 / Section 47-2-602
Manner and effect of rightful rejection
Status: in_force

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. (2) Subject to the provisions of the two (2) following sections on rejected goods (§§ 47-2-603 and 47-2-604 ): (a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and (b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this chapter (§ 47-2-711(3) ), he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but (c) the buyer has no further obligations with regard to goods rightfully rejected. (3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this chapter on seller's remedies in general (§ 47-2-703 ). Acts 1963, ch. 81, § 1 (2-602).
(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.
(2) Subject to the provisions of the two (2) following sections on rejected goods (§§ 47-2-603 and 47-2-604 ): (a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and (b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this chapter (§ 47-2-711(3) ), he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but (c) the buyer has no further obligations with regard to goods rightfully rejected.
(a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and
(b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this chapter (§ 47-2-711(3) ), he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but
(c) the buyer has no further obligations with regard to goods rightfully rejected.
(3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this chapter on seller's remedies in general (§ 47-2-703 ).
Acts 1963, ch. 81, § 1 (2-602).
Tenn. Code Ann. § 47-2-310 — TN Code / Title 47 / Chapter 2 / Section 47-2-310
Open time for payment or running of credit - Authority to ship under reservation
Status: in_force

Unless otherwise agreed: (a) Payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and (b) If the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (§ 47-2-513 ); and (c) If delivery is authorized and made by way of documents of title otherwise than by subsection (b) then payment is due regardless of where the goods are to be received (i) at the time and place at which the buyer is to receive delivery of the tangible documents or (ii) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or, if none, the seller's residence; and (d) Where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but post-dating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period. Acts 1963, ch. 81, § 1 (2-310); Acts 2008, ch. 814, § 5.
Unless otherwise agreed:
(a) Payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and
(b) If the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (§ 47-2-513 ); and
(c) If delivery is authorized and made by way of documents of title otherwise than by subsection (b) then payment is due regardless of where the goods are to be received (i) at the time and place at which the buyer is to receive delivery of the tangible documents or (ii) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or, if none, the seller's residence; and
(d) Where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but post-dating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.
Acts 1963, ch. 81, § 1 (2-310); Acts 2008, ch. 814, § 5.
Tenn. Code Ann. § 47-7-206 — TN Code / Title 47 / Chapter 7 / Section 47-7-206
Termination of storage at warehouse's option
Status: in_force

(a) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document of title or, if a period is not fixed, within a stated period not less than thirty (30) days after the warehouse gives notice. If the goods are not removed before the date specified in the notice, the warehouse may sell them pursuant to § 47-7-210 . (b) If a warehouse in good faith believes that goods are about to deteriorate or decline in value to less than the amount of its lien within the time provided in subsection (a) and § 47-7-210 , the warehouse may specify in the notice given under subsection (a) any reasonable shorter time for removal of the goods and, if the goods are not removed, may sell them at public sale held not less than one (1) week after a single advertisement or posting. (c) If, as a result of a quality or condition of the goods of which the warehouse did not have notice at the time of deposit, the goods are a hazard to other property, the warehouse facilities, or other persons, the warehouse may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If the warehouse, after a reasonable effort, is unable to sell the goods, it may dispose of them in any lawful manner and does not incur liability by reason of that disposition. (d) A warehouse shall deliver the goods to any person entitled to them under this chapter upon due demand made at any time before sale or other disposition under this section. (e) A warehouse may satisfy its lien from the proceeds of any sale or disposition under this section but shall hold the balance for delivery on the demand of any person to which the warehouse would have been bound to deliver the goods. Acts 2008, ch. 814, § 1.
(a) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document of title or, if a period is not fixed, within a stated period not less than thirty (30) days after the warehouse gives notice. If the goods are not removed before the date specified in the notice, the warehouse may sell them pursuant to § 47-7-210 .
(b) If a warehouse in good faith believes that goods are about to deteriorate or decline in value to less than the amount of its lien within the time provided in subsection (a) and § 47-7-210 , the warehouse may specify in the notice given under subsection (a) any reasonable shorter time for removal of the goods and, if the goods are not removed, may sell them at public sale held not less than one (1) week after a single advertisement or posting.
(c) If, as a result of a quality or condition of the goods of which the warehouse did not have notice at the time of deposit, the goods are a hazard to other property, the warehouse facilities, or other persons, the warehouse may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If the warehouse, after a reasonable effort, is unable to sell the goods, it may dispose of them in any lawful manner and does not incur liability by reason of that disposition.
(d) A warehouse shall deliver the goods to any person entitled to them under this chapter upon due demand made at any time before sale or other disposition under this section.
(e) A warehouse may satisfy its lien from the proceeds of any sale or disposition under this section but shall hold the balance for delivery on the demand of any person to which the warehouse would have been bound to deliver the goods.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-502 — TN Code / Title 47 / Chapter 18 / Section 47-18-502
Cancellation of membership
Status: in_force

(a) Any person who has elected to become a member of a club may cancel such membership by giving written notice any time before twelve o'clock (12:00) midnight of the third business day following the date on which membership was attained, subject to § 47-18-503 . Such cancellation shall be without liability on the part of the member and shall entitle the member to a refund of the entire consideration paid for the contract. (b) Notice of cancellation must be in writing and delivered personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage paid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the member not to be bound by the contract. If delivered personally, the notice is to be accepted by any agent or employee of the club, and a receipt for the notice must be given by that agent or employee to the person cancelling. (c) The entitled refund shall be delivered to the member within fourteen (14) days after notice of cancellation is given. (d) Rights of cancellation may not be waived or otherwise surrendered. (e) Cancellation shall not relieve the member from paying for any merchandise or services purchased or ordered prior to the date of cancellation. Acts 1986, ch. 863, § 1.
(a) Any person who has elected to become a member of a club may cancel such membership by giving written notice any time before twelve o'clock (12:00) midnight of the third business day following the date on which membership was attained, subject to § 47-18-503 . Such cancellation shall be without liability on the part of the member and shall entitle the member to a refund of the entire consideration paid for the contract.
(b) Notice of cancellation must be in writing and delivered personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage paid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the member not to be bound by the contract. If delivered personally, the notice is to be accepted by any agent or employee of the club, and a receipt for the notice must be given by that agent or employee to the person cancelling.
(c) The entitled refund shall be delivered to the member within fourteen (14) days after notice of cancellation is given.
(d) Rights of cancellation may not be waived or otherwise surrendered.
(e) Cancellation shall not relieve the member from paying for any merchandise or services purchased or ordered prior to the date of cancellation.
Acts 1986, ch. 863, § 1.
Tenn. Code Ann. § 47-9-403 — TN Code / Title 47 / Chapter 9 / Section 47-9-403
Agreement not to assert defenses against assignee
Status: in_force

(a) "Value". In this section, "value" has the meaning provided in § 47-3-303(a) . (b) Agreement not to assert claim or defense. Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment: (1) for value; (2) in good faith; (3) without notice of a claim of a property or possessory right to the property assigned; and (4) without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under § 47-3-305(a) . (c) When subsection (b) not applicable. Subsection (b) does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under § 47-3-305(b) . (d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement: (1) the record has the same effect as if the record included such a statement; and (2) the account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement. (e) Rule for individual under other law. This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (f) Other law not displaced. Except as otherwise provided in subsection (d), this section does not displace law other than this chapter which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee. Acts 2000, ch. 846, § 1.
(a) "Value". In this section, "value" has the meaning provided in § 47-3-303(a) .
(b) Agreement not to assert claim or defense. Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment: (1) for value; (2) in good faith; (3) without notice of a claim of a property or possessory right to the property assigned; and (4) without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under § 47-3-305(a) .
(1) for value;
(2) in good faith;
(3) without notice of a claim of a property or possessory right to the property assigned; and
(4) without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under § 47-3-305(a) .
(c) When subsection (b) not applicable. Subsection (b) does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under § 47-3-305(b) .
(d) Omission of required statement in consumer transaction. In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement: (1) the record has the same effect as if the record included such a statement; and (2) the account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement.
(1) the record has the same effect as if the record included such a statement; and
(2) the account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement.
(e) Rule for individual under other law. This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(f) Other law not displaced. Except as otherwise provided in subsection (d), this section does not displace law other than this chapter which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-4-207 — TN Code / Title 47 / Chapter 4 / Section 47-4-207
Transfer warranties
Status: in_force

(a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that: (1) The warrantor is a person entitled to enforce the item; (2) All signatures on the item are authentic and authorized; (3) The item has not been altered; (4) The item is not subject to a defense or claim in recoupment (§ 47-3-305(a) ) of any party that can be asserted against the warrantor; (5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer; and (6) If the item is a payee-initiated demand draft, the creation of the item according to the terms on its face was authorized by the person on whose account the item is drawn. (b) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item (i) according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item, according to its terms when completed as stated in §§ 47-3-115 and 47-3-407 . The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection (b) by an endorsement stating that it is made "without recourse" or otherwise disclaiming liability. (c) A person to whom the warranties under subsection (a) are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach. (d) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty (30) days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim. (e) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. (f) A warrantor does not make the warranty under subdivision (a)(6) to a transferee or subsequent collecting bank who would not under then-applicable law make the same or a substantially identical warranty to the warrantor with respect to a payee-initiated draft transferred by the transferee or subsequent collecting bank to the warrantor. Acts 1963, ch. 81, § 1 (4-207); Acts 1995, ch. 397, § 3; 2003, ch. 62, §§ 15 - 18.
(a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that: (1) The warrantor is a person entitled to enforce the item; (2) All signatures on the item are authentic and authorized; (3) The item has not been altered; (4) The item is not subject to a defense or claim in recoupment (§ 47-3-305(a) ) of any party that can be asserted against the warrantor; (5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer; and (6) If the item is a payee-initiated demand draft, the creation of the item according to the terms on its face was authorized by the person on whose account the item is drawn.
(1) The warrantor is a person entitled to enforce the item;
(2) All signatures on the item are authentic and authorized;
(3) The item has not been altered;
(4) The item is not subject to a defense or claim in recoupment (§ 47-3-305(a) ) of any party that can be asserted against the warrantor;
(5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer; and
(6) If the item is a payee-initiated demand draft, the creation of the item according to the terms on its face was authorized by the person on whose account the item is drawn.
(b) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item (i) according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item, according to its terms when completed as stated in §§ 47-3-115 and 47-3-407 . The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection (b) by an endorsement stating that it is made "without recourse" or otherwise disclaiming liability.
(c) A person to whom the warranties under subsection (a) are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.
(d) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty (30) days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(e) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
(f) A warrantor does not make the warranty under subdivision (a)(6) to a transferee or subsequent collecting bank who would not under then-applicable law make the same or a substantially identical warranty to the warrantor with respect to a payee-initiated draft transferred by the transferee or subsequent collecting bank to the warrantor.
Acts 1963, ch. 81, § 1 (4-207); Acts 1995, ch. 397, § 3; 2003, ch. 62, §§ 15 - 18.
Tenn. Code Ann. § 47-9-520 — TN Code / Title 47 / Chapter 9 / Section 47-9-520
Acceptance and refusal to accept record
Status: in_force

(a) Mandatory refusal to accept record. A filing office described in § 47-9-501(a)(2) shall refuse to accept a record for filing for a reason set forth in § 47-9-516(b) , and a filing office may refuse to accept a record for filing only for a reason set forth in § 47-9-516(b) . (b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in § 47-9-501(a)(2) , in no event more than two (2) business days after the filing office receives the record. (c) When filed financing statement effective. A filed financing statement satisfying § 47-9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, § 47-9-338 applies to a filed financing statement providing information described in § 47-9-516(b)(5) which is incorrect at the time the financing statement is filed. (d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one (1) debtor, this part applies as to each debtor separately. Acts 2000, ch. 846, § 1.
(a) Mandatory refusal to accept record. A filing office described in § 47-9-501(a)(2) shall refuse to accept a record for filing for a reason set forth in § 47-9-516(b) , and a filing office may refuse to accept a record for filing only for a reason set forth in § 47-9-516(b) .
(b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in § 47-9-501(a)(2) , in no event more than two (2) business days after the filing office receives the record.
(c) When filed financing statement effective. A filed financing statement satisfying § 47-9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, § 47-9-338 applies to a filed financing statement providing information described in § 47-9-516(b)(5) which is incorrect at the time the financing statement is filed.
(d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one (1) debtor, this part applies as to each debtor separately.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-2-507 — TN Code / Title 47 / Chapter 2 / Section 47-2-507
Effect of seller's tender - Delivery on condition
Status: in_force

(1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract. (2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due. Acts 1963, ch. 81, § 1 (2-507).
(1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.
(2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.
Acts 1963, ch. 81, § 1 (2-507).
Tenn. Code Ann. § 47-18-134 — TN Code / Title 47 / Chapter 18 / Section 47-18-134
Unsolicited offer to purchase real property - Acceptance - Cancellation - Violation
Status: in_force

(a) If an offeror makes an unsolicited offer to purchase real property by sending a written agreement or contract for purchase through the mail to an offeree and the offeror does not use the assistance of a broker, as defined in § 62-13-102 , who is licensed in this state to make an unsolicited offer, then the offeree may cancel the agreement or contract by mailing written notice of the offeree's election to cancel to the offeror postmarked within thirty (30) days from the date of the confirmation letter described in subdivision (b)(3). (b) An unsolicited offer to purchase real property by sending a written agreement or contract for purchase through the mail is not deemed accepted by the offeree until: (1) The offeree signs the agreement or contract; (2) The offeror receives the signed agreement or contract; (3) The offeror sends by mail a letter to the offeree that confirms receipt of the signed agreement or contract, describes the offeree's right to cancel the agreement or contract, describes the manner by which the offeree may cancel; and states the date by which the offeree must cancel; and (4) The offeror registers the signed agreement or contract, and the confirmation letter described in subdivision (b)(3), with the register of deeds in the county in which the applicable real property is located. (c) Cancellation of the agreement or contract under this section is without penalty to the offeree. However, the offeree shall, within thirty (30) days following cancellation under this section, return all payments made by the offeror to the offeree. (d) (1) The offeree's right to cancellation under this section may not be waived unless evidenced by a sworn affidavit waiving the right to cancellation that is executed by the offeree contemporaneously with the offeree's execution of the deed and other documents of conveyance of title of the real property. (2) An affidavit executed in the manner described in subdivision (d)(1) is conclusive evidence of an offeree's waiver of the right to cancellation under this section. (e) A third-party buyer who purchases the real property from the offeror prior to the expiration of the offeree's right to cancellation under this section takes title to the real property subject to the offeree's right to cancellation. If the offeree exercises the offeree's right to cancellation under this section, then the title acquired by the third-party buyer is voided and the title immediately returns to the offeree. This subsection (e) does not apply if the offeree waives the right to cancellation pursuant to subsection (d). (f) A violation of this section by an offeror constitutes an unfair or deceptive act prohibited under § 47-18-104 , and is punishable as provided in this part. Added by 2022 Tenn. Acts, ch. 935, s 1, eff. 7/1/2022.
(a) If an offeror makes an unsolicited offer to purchase real property by sending a written agreement or contract for purchase through the mail to an offeree and the offeror does not use the assistance of a broker, as defined in § 62-13-102 , who is licensed in this state to make an unsolicited offer, then the offeree may cancel the agreement or contract by mailing written notice of the offeree's election to cancel to the offeror postmarked within thirty (30) days from the date of the confirmation letter described in subdivision (b)(3).
(b) An unsolicited offer to purchase real property by sending a written agreement or contract for purchase through the mail is not deemed accepted by the offeree until: (1) The offeree signs the agreement or contract; (2) The offeror receives the signed agreement or contract; (3) The offeror sends by mail a letter to the offeree that confirms receipt of the signed agreement or contract, describes the offeree's right to cancel the agreement or contract, describes the manner by which the offeree may cancel; and states the date by which the offeree must cancel; and (4) The offeror registers the signed agreement or contract, and the confirmation letter described in subdivision (b)(3), with the register of deeds in the county in which the applicable real property is located.
(1) The offeree signs the agreement or contract;
(2) The offeror receives the signed agreement or contract;
(3) The offeror sends by mail a letter to the offeree that confirms receipt of the signed agreement or contract, describes the offeree's right to cancel the agreement or contract, describes the manner by which the offeree may cancel; and states the date by which the offeree must cancel; and
(4) The offeror registers the signed agreement or contract, and the confirmation letter described in subdivision (b)(3), with the register of deeds in the county in which the applicable real property is located.
(c) Cancellation of the agreement or contract under this section is without penalty to the offeree. However, the offeree shall, within thirty (30) days following cancellation under this section, return all payments made by the offeror to the offeree.
(d) (1) The offeree's right to cancellation under this section may not be waived unless evidenced by a sworn affidavit waiving the right to cancellation that is executed by the offeree contemporaneously with the offeree's execution of the deed and other documents of conveyance of title of the real property. (2) An affidavit executed in the manner described in subdivision (d)(1) is conclusive evidence of an offeree's waiver of the right to cancellation under this section.
(1) The offeree's right to cancellation under this section may not be waived unless evidenced by a sworn affidavit waiving the right to cancellation that is executed by the offeree contemporaneously with the offeree's execution of the deed and other documents of conveyance of title of the real property.
(2) An affidavit executed in the manner described in subdivision (d)(1) is conclusive evidence of an offeree's waiver of the right to cancellation under this section.
(e) A third-party buyer who purchases the real property from the offeror prior to the expiration of the offeree's right to cancellation under this section takes title to the real property subject to the offeree's right to cancellation. If the offeree exercises the offeree's right to cancellation under this section, then the title acquired by the third-party buyer is voided and the title immediately returns to the offeree. This subsection (e) does not apply if the offeree waives the right to cancellation pursuant to subsection (d).
(f) A violation of this section by an offeror constitutes an unfair or deceptive act prohibited under § 47-18-104 , and is punishable as provided in this part.
Added by 2022 Tenn. Acts, ch. 935, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 47-26-803 — TN Code / Title 47 / Chapter 26 / Section 47-26-803
Employment of certified public weighers required
Status: in_force

(a) Every producer and supplier of natural resources products shall have in its employ at least one (1) or more certified public weighers licensed by the department. (b) (1) All natural resources products sold by such producer and supplier shall be accurately weighed or measured by a certified public weigher licensed by the department. (2) When natural resources products are loaded onto trucks or other vehicles which do not haul or transport such products on any public road, street, highway or right-of-way, then this subsection (b) shall not apply if the invoice for each load of such products is marked to indicate that such load is not to travel on any public way. Acts 1981, ch. 389, § 4; T.C.A., § 71-803; Acts 1990, ch. 620, § 1.
(a) Every producer and supplier of natural resources products shall have in its employ at least one (1) or more certified public weighers licensed by the department.
(b) (1) All natural resources products sold by such producer and supplier shall be accurately weighed or measured by a certified public weigher licensed by the department. (2) When natural resources products are loaded onto trucks or other vehicles which do not haul or transport such products on any public road, street, highway or right-of-way, then this subsection (b) shall not apply if the invoice for each load of such products is marked to indicate that such load is not to travel on any public way.
(1) All natural resources products sold by such producer and supplier shall be accurately weighed or measured by a certified public weigher licensed by the department.
(2) When natural resources products are loaded onto trucks or other vehicles which do not haul or transport such products on any public road, street, highway or right-of-way, then this subsection (b) shall not apply if the invoice for each load of such products is marked to indicate that such load is not to travel on any public way.
Acts 1981, ch. 389, § 4; T.C.A., § 71-803; Acts 1990, ch. 620, § 1.
Tenn. Code Ann. § 47-9-620 — TN Code / Title 47 / Chapter 9 / Section 47-9-620
Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral
Status: in_force

(a) Conditions to acceptance in satisfaction. Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: (1) the debtor consents to the acceptance under subsection (c); (2) the secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal authenticated by: (A) a person to which the secured party was required to send a proposal under § 47-9-621 ; or (B) any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal; (3) if the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and (4) subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to § 47-9-624 . (b) Purported acceptance ineffective. A purported or apparent acceptance of collateral under this section is ineffective unless: (1) the secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and (2) the conditions of subsection (a) are met. (c) Debtor's consent. For purposes of this section: (1) a debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and (2) a debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party: (A) sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained; (B) in the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and (C) does not receive a notification of objection authenticated by the debtor within twenty (20) days after the proposal is sent. (d) Effectiveness of notification. To be effective under subdivision (a)(2), a notification of objection must be received by the secured party: (1) in the case of a person to which the proposal was sent pursuant to § 47-9-621 , within twenty (20) days after notification was sent to that person; and (2) in other cases: (A) within twenty (20) days after the last notification was sent pursuant to § 47-9-621 ; or (B) if a notification was not sent, before the debtor consents to the acceptance under subsection (c). (e) Mandatory disposition of consumer goods. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to § 47-9-610 within the time specified in subsection (f) if: (1) Sixty percent (60%) of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or (2) Sixty percent (60%) of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods. (f) Compliance with mandatory disposition requirement. To comply with subsection (e), the secured party shall dispose of the collateral: (1) within ninety (90) days after taking possession; or (2) within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default. (g) No partial satisfaction in consumer transaction. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures. Acts 2000, ch. 846, § 1.
(a) Conditions to acceptance in satisfaction. Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: (1) the debtor consents to the acceptance under subsection (c); (2) the secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal authenticated by: (A) a person to which the secured party was required to send a proposal under § 47-9-621 ; or (B) any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal; (3) if the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and (4) subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to § 47-9-624 .
(1) the debtor consents to the acceptance under subsection (c);
(2) the secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal authenticated by: (A) a person to which the secured party was required to send a proposal under § 47-9-621 ; or (B) any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;
(A) a person to which the secured party was required to send a proposal under § 47-9-621 ; or
(B) any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;
(3) if the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and
(4) subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to § 47-9-624 .
(b) Purported acceptance ineffective. A purported or apparent acceptance of collateral under this section is ineffective unless: (1) the secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and (2) the conditions of subsection (a) are met.
(1) the secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and
(2) the conditions of subsection (a) are met.
(c) Debtor's consent. For purposes of this section: (1) a debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and (2) a debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party: (A) sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained; (B) in the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and (C) does not receive a notification of objection authenticated by the debtor within twenty (20) days after the proposal is sent.
(1) a debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and
(2) a debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party: (A) sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained; (B) in the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and (C) does not receive a notification of objection authenticated by the debtor within twenty (20) days after the proposal is sent.
(A) sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;
(B) in the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and
(C) does not receive a notification of objection authenticated by the debtor within twenty (20) days after the proposal is sent.
(d) Effectiveness of notification. To be effective under subdivision (a)(2), a notification of objection must be received by the secured party: (1) in the case of a person to which the proposal was sent pursuant to § 47-9-621 , within twenty (20) days after notification was sent to that person; and (2) in other cases: (A) within twenty (20) days after the last notification was sent pursuant to § 47-9-621 ; or (B) if a notification was not sent, before the debtor consents to the acceptance under subsection (c).
(1) in the case of a person to which the proposal was sent pursuant to § 47-9-621 , within twenty (20) days after notification was sent to that person; and
(2) in other cases: (A) within twenty (20) days after the last notification was sent pursuant to § 47-9-621 ; or (B) if a notification was not sent, before the debtor consents to the acceptance under subsection (c).
(A) within twenty (20) days after the last notification was sent pursuant to § 47-9-621 ; or
(B) if a notification was not sent, before the debtor consents to the acceptance under subsection (c).
(e) Mandatory disposition of consumer goods. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to § 47-9-610 within the time specified in subsection (f) if: (1) Sixty percent (60%) of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or (2) Sixty percent (60%) of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.
(1) Sixty percent (60%) of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or
(2) Sixty percent (60%) of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.
(f) Compliance with mandatory disposition requirement. To comply with subsection (e), the secured party shall dispose of the collateral: (1) within ninety (90) days after taking possession; or (2) within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.
(1) within ninety (90) days after taking possession; or
(2) within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.
(g) No partial satisfaction in consumer transaction. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-5402 — TN Code / Title 47 / Chapter 18 / Section 47-18-5402
Marketing of foreclosure-related rescue services - Agreements and cancellation rights
Status: in_force

(a) In the course of offering or providing foreclosure-related rescue services, no foreclosure-rescue consultant shall: (1) Engage in any unfair, misleading, or deceptive acts or practices during the course of advertising, marketing, offering, selling or contracting for foreclosure-related services; (2) Engage in or initiate foreclosure-related rescue services without first executing a written agreement with the homeowner for foreclosure-related rescue services; (3) Solicit, charge, receive or attempt to collect or secure payment, directly or indirectly, for foreclosure-related rescue services before completing or performing all services contained in the agreement for foreclosure-related rescue services; (4) Induce or attempt to induce any consumer to enter into a contract or agreement that does not fully comply in all respects with this part; or (5) Fail to accept and honor a consumer's request to cancel and provide any related refunds within ten (10) business days. (b) The written agreement for foreclosure-related rescue services required by subdivision (a)(1) shall be printed in at least 12-point uppercase type and shall be signed by both parties. The agreement shall include the name, physical address, telephone number and electronic mail address of the person providing foreclosure-related rescue services, the exact nature and specific detail of each service to be provided, the total amount and terms of charges to be paid by the homeowner for the services and the date of the agreement. The date of the agreement shall not be earlier than the date the homeowner signed the agreement. The foreclosure-rescue consultant shall give the homeowner a copy of the agreement to review not less than one (1) business day before the homeowner is to sign the agreement. (c) The homeowner has the right to cancel the written agreement without any penalty or obligation if the homeowner cancels the agreement within three (3) business days after signing the written agreement. The right to cancel may not be waived by the homeowner or limited in any manner by the foreclosure-rescue consultant. If the homeowner cancels the agreement, any payments that have been given to the foreclosure-rescue consultant shall be returned to the homeowner within ten (10) business days after receipt of the notice of cancellation. (d) An agreement for foreclosure-related rescue services shall contain, immediately above the signature line, a statement in at least 12-point uppercase type that substantially complies with the following: HOMEOWNER'S RIGHT OF CANCELLATION YOU MAY CANCEL THIS AGREEMENT FOR FORECLOSURE-RELATED RESCUE SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FOLLOWING THE DATE THIS AGREEMENT IS SIGNED BY YOU. THE FORECLOSURE-RESCUE CONSULTANT IS PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES ARE COMPLETE. IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU NO LATER THAN 10 BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE. TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A STATEMENT THAT YOU ARE CANCELLING THE AGREEMENT SHOULD BE MAILED (POSTMARKED) OR DELIVERED TO ____________________ (NAME) AT ____________________ (PHYSICAL ADDRESS) ____________________ OR ____________________ (E-MAIL ADDRESS) NO LATER THAN MIDNIGHT OF ______________ (DATE). IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR LENDER OR MORTGAGE SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR A RESTRUCTURING WITH YOU FREE OF CHARGE. (e) The inclusion of the statement in subsection (d) does not prohibit the foreclosure-rescue consultant from giving the homeowner more time in which to cancel the agreement than is set forth in the statement; provided, that all other requirements of this section are met. (f) The foreclosure-rescue consultant shall give the homeowner a copy of the signed agreement within three (3) hours after the homeowner signs the agreement. (g) Any contract or agreement for foreclosure-related services that does not contain the provisions set forth in this section shall be void and unenforceable as a matter of law and public policy. Acts 2009 , ch. 198, § 1.
(a) In the course of offering or providing foreclosure-related rescue services, no foreclosure-rescue consultant shall: (1) Engage in any unfair, misleading, or deceptive acts or practices during the course of advertising, marketing, offering, selling or contracting for foreclosure-related services; (2) Engage in or initiate foreclosure-related rescue services without first executing a written agreement with the homeowner for foreclosure-related rescue services; (3) Solicit, charge, receive or attempt to collect or secure payment, directly or indirectly, for foreclosure-related rescue services before completing or performing all services contained in the agreement for foreclosure-related rescue services; (4) Induce or attempt to induce any consumer to enter into a contract or agreement that does not fully comply in all respects with this part; or (5) Fail to accept and honor a consumer's request to cancel and provide any related refunds within ten (10) business days.
(1) Engage in any unfair, misleading, or deceptive acts or practices during the course of advertising, marketing, offering, selling or contracting for foreclosure-related services;
(2) Engage in or initiate foreclosure-related rescue services without first executing a written agreement with the homeowner for foreclosure-related rescue services;
(3) Solicit, charge, receive or attempt to collect or secure payment, directly or indirectly, for foreclosure-related rescue services before completing or performing all services contained in the agreement for foreclosure-related rescue services;
(4) Induce or attempt to induce any consumer to enter into a contract or agreement that does not fully comply in all respects with this part; or
(5) Fail to accept and honor a consumer's request to cancel and provide any related refunds within ten (10) business days.
(b) The written agreement for foreclosure-related rescue services required by subdivision (a)(1) shall be printed in at least 12-point uppercase type and shall be signed by both parties. The agreement shall include the name, physical address, telephone number and electronic mail address of the person providing foreclosure-related rescue services, the exact nature and specific detail of each service to be provided, the total amount and terms of charges to be paid by the homeowner for the services and the date of the agreement. The date of the agreement shall not be earlier than the date the homeowner signed the agreement. The foreclosure-rescue consultant shall give the homeowner a copy of the agreement to review not less than one (1) business day before the homeowner is to sign the agreement.
(c) The homeowner has the right to cancel the written agreement without any penalty or obligation if the homeowner cancels the agreement within three (3) business days after signing the written agreement. The right to cancel may not be waived by the homeowner or limited in any manner by the foreclosure-rescue consultant. If the homeowner cancels the agreement, any payments that have been given to the foreclosure-rescue consultant shall be returned to the homeowner within ten (10) business days after receipt of the notice of cancellation.
(d) An agreement for foreclosure-related rescue services shall contain, immediately above the signature line, a statement in at least 12-point uppercase type that substantially complies with the following: HOMEOWNER'S RIGHT OF CANCELLATION YOU MAY CANCEL THIS AGREEMENT FOR FORECLOSURE-RELATED RESCUE SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FOLLOWING THE DATE THIS AGREEMENT IS SIGNED BY YOU. THE FORECLOSURE-RESCUE CONSULTANT IS PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES ARE COMPLETE. IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU NO LATER THAN 10 BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE. TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A STATEMENT THAT YOU ARE CANCELLING THE AGREEMENT SHOULD BE MAILED (POSTMARKED) OR DELIVERED TO ____________________ (NAME) AT ____________________ (PHYSICAL ADDRESS) ____________________ OR ____________________ (E-MAIL ADDRESS) NO LATER THAN MIDNIGHT OF ______________ (DATE). IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR LENDER OR MORTGAGE SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR A RESTRUCTURING WITH YOU FREE OF CHARGE.
HOMEOWNER'S RIGHT OF CANCELLATION
YOU MAY CANCEL THIS AGREEMENT FOR FORECLOSURE-RELATED RESCUE SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FOLLOWING THE DATE THIS AGREEMENT IS SIGNED BY YOU. THE FORECLOSURE-RESCUE CONSULTANT IS PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES ARE COMPLETE. IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU NO LATER THAN 10 BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE. TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A STATEMENT THAT YOU ARE CANCELLING THE AGREEMENT SHOULD BE MAILED (POSTMARKED) OR DELIVERED TO ____________________ (NAME) AT ____________________ (PHYSICAL ADDRESS) ____________________ OR ____________________ (E-MAIL ADDRESS) NO LATER THAN MIDNIGHT OF ______________ (DATE). IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR LENDER OR MORTGAGE SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR A RESTRUCTURING WITH YOU FREE OF CHARGE.
(e) The inclusion of the statement in subsection (d) does not prohibit the foreclosure-rescue consultant from giving the homeowner more time in which to cancel the agreement than is set forth in the statement; provided, that all other requirements of this section are met.
(f) The foreclosure-rescue consultant shall give the homeowner a copy of the signed agreement within three (3) hours after the homeowner signs the agreement.
(g) Any contract or agreement for foreclosure-related services that does not contain the provisions set forth in this section shall be void and unenforceable as a matter of law and public policy.
Acts 2009 , ch. 198, § 1.
Tenn. Code Ann. § 47-18-5704 — TN Code / Title 47 / Chapter 18 / Section 47-18-5704
Parental supervision
Status: in_force

A social media company shall provide a minor account holder's parent with means for the parent to supervise the minor's account. Such means must include options for the parent to view privacy settings on the account, set daily time restrictions, and implement breaks during which the minor cannot access the account. Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
A social media company shall provide a minor account holder's parent with means for the parent to supervise the minor's account. Such means must include options for the parent to view privacy settings on the account, set daily time restrictions, and implement breaks during which the minor cannot access the account.
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 47-4a-208 — TN Code / Title 47 / Chapter 4a / Section 47-4a-208
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 2 - ISSUE AND ACCEPTANCE OF PAYMENT ORDER (§§ 47-4A-201 — 47-4A-212) Section 47-4A-208 - Misdescription of intermediary bank or beneficiary's bank
Status: in_force

(a) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank only by an identifying number. (1) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank and need not determine whether the number identifies a bank. (2) The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order. (b) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank both by name and an identifying number if the name and number identify different persons. (1) If the sender is a bank, the receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank if the receiving bank, when it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person or whether the number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order. (2) If the sender is not a bank and the receiving bank proves that the sender, before the payment order was accepted, had notice that the receiving bank might rely on the number as the proper identification of the intermediary or beneficiary's bank even if it identifies a person different from the bank identified by name, the rights and obligations of the sender and the receiving bank are governed by subdivision (b)(1), as though the sender were a bank. Proof of notice may be made by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the sender, before the payment order was accepted, signed a writing stating the information to which the notice relates. (3) Regardless of whether the sender is a bank, the receiving bank may rely on the name as the proper identification of the intermediary or beneficiary's bank if the receiving bank, at the time it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person. (4) If the receiving bank knows that the name and number identify different persons, reliance on either the name or the number in executing the sender's payment order is a breach of the obligation stated in § 47-4A-302(a)(1) . Acts 1991, ch. 52, § 1.
(a) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank only by an identifying number. (1) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank and need not determine whether the number identifies a bank. (2) The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
(1) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank and need not determine whether the number identifies a bank.
(2) The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
(b) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank both by name and an identifying number if the name and number identify different persons. (1) If the sender is a bank, the receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank if the receiving bank, when it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person or whether the number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order. (2) If the sender is not a bank and the receiving bank proves that the sender, before the payment order was accepted, had notice that the receiving bank might rely on the number as the proper identification of the intermediary or beneficiary's bank even if it identifies a person different from the bank identified by name, the rights and obligations of the sender and the receiving bank are governed by subdivision (b)(1), as though the sender were a bank. Proof of notice may be made by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the sender, before the payment order was accepted, signed a writing stating the information to which the notice relates. (3) Regardless of whether the sender is a bank, the receiving bank may rely on the name as the proper identification of the intermediary or beneficiary's bank if the receiving bank, at the time it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person. (4) If the receiving bank knows that the name and number identify different persons, reliance on either the name or the number in executing the sender's payment order is a breach of the obligation stated in § 47-4A-302(a)(1) .
(1) If the sender is a bank, the receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank if the receiving bank, when it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person or whether the number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
(2) If the sender is not a bank and the receiving bank proves that the sender, before the payment order was accepted, had notice that the receiving bank might rely on the number as the proper identification of the intermediary or beneficiary's bank even if it identifies a person different from the bank identified by name, the rights and obligations of the sender and the receiving bank are governed by subdivision (b)(1), as though the sender were a bank. Proof of notice may be made by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the sender, before the payment order was accepted, signed a writing stating the information to which the notice relates.
(3) Regardless of whether the sender is a bank, the receiving bank may rely on the name as the proper identification of the intermediary or beneficiary's bank if the receiving bank, at the time it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person.
(4) If the receiving bank knows that the name and number identify different persons, reliance on either the name or the number in executing the sender's payment order is a breach of the obligation stated in § 47-4A-302(a)(1) .
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-2-612 — TN Code / Title 47 / Chapter 2 / Section 47-2-612
"Installment contract" - Breach
Status: in_force

(1) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent. (2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment. (3) Whenever nonconformity or default with respect to one (1) or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments. Acts 1963, ch. 81, § 1 (2-612).
(1) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.
(2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.
(3) Whenever nonconformity or default with respect to one (1) or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.
Acts 1963, ch. 81, § 1 (2-612).
Tenn. Code Ann. § 47-2-306 — TN Code / Title 47 / Chapter 2 / Section 47-2-306
Output, requirements and exclusive dealings
Status: in_force

(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded. (2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale. Acts 1963, ch. 81, § 1 (2-306).
(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.
(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.
Acts 1963, ch. 81, § 1 (2-306).
Tenn. Code Ann. § 47-8-510 — TN Code / Title 47 / Chapter 8 / Section 47-8-510
Rights of purchaser of security entitlement from entitlement holder
Status: in_force

(a) In a case not covered by the priority rules in chapter 9 of this title or the rules stated in subsection (c), an action based on an adverse claim to a financial asset or security entitlement, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who purchases a security entitlement, or an interest therein, from an entitlement holder if the purchaser gives value, does not have notice of the adverse claim, and obtains control. (b) If an adverse claim could not have been asserted against an entitlement holder under § 47-8-502 , the adverse claim cannot be asserted against a person who purchases a security entitlement, or an interest therein, from the entitlement holder. (c) In a case not covered by the priority rules in chapter 9 of this title, a purchaser for value of a security entitlement, or an interest therein, who obtains control has priority over a purchaser of a security entitlement, or an interest therein, who does not obtain control. Except as otherwise provided in subsection (d), purchasers who have control rank according to priority in time of: (1) The purchaser's becoming the person for whom the securities account, in which the security entitlement is carried, is maintained, if the purchaser obtained control under § 47-8-106(d)(1) ; (2) The securities intermediary's agreement to comply with the purchaser's entitlement orders with respect to security entitlements carried or to be carried in the securities account in which the security entitlement is carried, if the purchaser obtained control under § 47-8-106(d)(2) ; or (3) If the purchaser obtained control through another person under § 47-8-106(d)(3) , the time on which priority would be based under this subsection if the other person were the secured party. (d) A securities intermediary as purchaser has priority over a conflicting purchaser who has control unless otherwise agreed by the securities intermediary. Acts 1997, ch. 79, § 1; 2000, ch. 846, § 21.
(a) In a case not covered by the priority rules in chapter 9 of this title or the rules stated in subsection (c), an action based on an adverse claim to a financial asset or security entitlement, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who purchases a security entitlement, or an interest therein, from an entitlement holder if the purchaser gives value, does not have notice of the adverse claim, and obtains control.
(b) If an adverse claim could not have been asserted against an entitlement holder under § 47-8-502 , the adverse claim cannot be asserted against a person who purchases a security entitlement, or an interest therein, from the entitlement holder.
(c) In a case not covered by the priority rules in chapter 9 of this title, a purchaser for value of a security entitlement, or an interest therein, who obtains control has priority over a purchaser of a security entitlement, or an interest therein, who does not obtain control. Except as otherwise provided in subsection (d), purchasers who have control rank according to priority in time of: (1) The purchaser's becoming the person for whom the securities account, in which the security entitlement is carried, is maintained, if the purchaser obtained control under § 47-8-106(d)(1) ; (2) The securities intermediary's agreement to comply with the purchaser's entitlement orders with respect to security entitlements carried or to be carried in the securities account in which the security entitlement is carried, if the purchaser obtained control under § 47-8-106(d)(2) ; or (3) If the purchaser obtained control through another person under § 47-8-106(d)(3) , the time on which priority would be based under this subsection if the other person were the secured party.
(1) The purchaser's becoming the person for whom the securities account, in which the security entitlement is carried, is maintained, if the purchaser obtained control under § 47-8-106(d)(1) ;
(2) The securities intermediary's agreement to comply with the purchaser's entitlement orders with respect to security entitlements carried or to be carried in the securities account in which the security entitlement is carried, if the purchaser obtained control under § 47-8-106(d)(2) ; or
(3) If the purchaser obtained control through another person under § 47-8-106(d)(3) , the time on which priority would be based under this subsection if the other person were the secured party.
(d) A securities intermediary as purchaser has priority over a conflicting purchaser who has control unless otherwise agreed by the securities intermediary.
Acts 1997, ch. 79, § 1; 2000, ch. 846, § 21.