reglab/housing_qa huggingface dataset:
TN Code § 47-18-5514 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5514. Substitute for Bond Requirement

  Instead of the surety bond required by § 47-18-5513, a provider may deliver to the administrator, in the amount required by § 47-18-5513(b), and, except as otherwise provided in subdivision (a)(2)(A), payable or available to this state and to individuals who reside in this state when they agree to receive debt-management services from the provider, as their interests may appear, if the provider or its agent does not comply with this part:  A certificate of insurance:  Issued by an insurance company authorized to do business in this state and rated at least “A” or equivalent by a nationally recognized rating organization approved by the administrator; and   With no deductible, or if the provider supplies a bond in the amount of five thousand dollars ($5,000), a deductible not exceeding five thousand dollars ($5,000); or     With the approval of the administrator:  An irrevocable letter of credit, issued or confirmed by a bank approved by the administrator, payable upon presentation of a certificate by the administrator stating that the provider or its agent has not complied with this part; or   Bonds or other obligations of the United States or guaranteed by the United States or bonds or other obligations of this state or a political subdivision of this state, to be deposited and maintained with a bank approved by the administrator for this purpose.       If a provider furnishes a substitute pursuant to subsection (a), then § 47-18-5513(a), (c), (d) and (e) apply to the substitute.
TN Code § 47-18-5515 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5515. Requirement of Good Faith

 A provider shall act in good faith in all matters under this part.
TN Code § 47-18-5516 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5516. Customer Service

 A provider that is required to be registered under this part shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a certified counselor, certified debt specialist or customer-service representative, as appropriate, during ordinary business hours.
TN Code § 47-18-5520 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5520. Cancellation of Agreement — Waiver

  An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) or § 47-18-5519 or § 47-18-5528, in which event the individual may cancel the agreement within thirty (30) days after the individual assents to it. To exercise the right to cancel, the individual must give notice in a record to the provider. Notice by mail is given when mailed.   An agreement must be accompanied by a form that contains in boldface type, surrounded by bold black lines:  Notice of Right to Cancel   You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it.   To cancel this agreement during this period, send an e-mail to   E-mail address of provider   or mail or deliver a signed, dated copy of this notice, or any other written notice   to  at   Name of provider  Address of provider   before midnight on  . If you cancel this agreement within the   Date   three-day period, we will refund all money you already have paid us.   You also may terminate this agreement at any later time, but we may not be required to refund fees you have paid us.   I cancel this agreement,   Print your name   Signature   Date    If a personal financial emergency necessitates the disbursement of an individual's money to one (1) or more of the individual's creditors before the expiration of three (3) days after an agreement is signed, an individual may waive the right to cancel. To waive the right, the individual must send or deliver a signed, dated statement in the individual's own words describing the circumstances that necessitate a waiver. The waiver must explicitly waive the right to cancel. A waiver by means of a standard-form record is void.
TN Code § 47-18-5521 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5521. Required Language

 Unless the administrator, by rule, provides otherwise, the disclosures and documents required by this part must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a translation into the other language of the disclosures and documents required by this part.
TN Code § 47-18-5524 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5524. Voluntary Contributions

 A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until thirty (30) days after completion or termination of a plan, the aggregate amount of money received from or on behalf of the individual may not exceed the total amount the provider may charge the individual under § 47-18-5523.
TN Code § 47-18-5525 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5525. Voidable Agreements

  If a provider imposes a fee or other charge or receives money or other payments not authorized by § 47-18-5523 or § 47-18-5524, the individual may void the agreement and recover as provided in § 47-18-5535.   If a provider is not registered as required by this part when an individual assents to an agreement, the agreement is voidable by the individual.   If an individual voids an agreement under subsection (b), the provider does not have a claim against the individual for breach of contract or for restitution.
TN Code § 47-18-5526 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5526. Termination of Agreements

  If an individual who has entered into an agreement fails for sixty (60) days to make payments required by the agreement, a provider may terminate the agreement.   If a provider or an individual terminates an agreement, the provider shall immediately return to the individual:  Any money of the individual held in trust for the benefit of the individual; and   Sixty-five percent (65%) of any portion of the set-up fee received pursuant to [former] § 47-18-5523(d)(2) that has not been credited against settlement fees.
TN Code § 47-18-5527 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5527. Periodic Reports and Retention of Records

  A provider shall provide the accounting required by subsection (b):  Upon cancellation or termination of an agreement; and   Before cancellation or termination of any agreement:  At least once each month; and   Within five (5) business days after a request by an individual, but the provider need not comply with more than one (1) request in any calendar month.       A provider, in a record, shall provide each individual for whom it has established a plan an accounting of the following information:  The amount of money received from the individual since the last report;   The amounts and dates of disbursements made on the individual's behalf, or by the individual upon the direction of the provider, since the last report to each creditor listed in the plan;   The amounts deducted from the amount received from the individual;   The amount held in reserve; and   If, since the last report, a creditor has agreed to accept as payment in full an amount less than the principal amount of the debt owed by the individual:  The total amount and terms of the settlement;   The amount of the debt when the individual assented to the plan;   The amount of the debt when the creditor agreed to the settlement; and   The calculation of a settlement fee.       A provider shall maintain records for each individual for whom it provides debt-management services for five (5) years after the final payment made by the individual and produce a copy of them to the individual within a reasonable time after a request for them. The provider may use electronic or other means of storage of the records.
TN Code § 47-18-5529 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5529. Notice of Litigation

 No later than thirty (30) days after a provider has been served with notice of a civil action for violation of this part by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is served, the provider shall notify the administrator in a record that it has been sued.
TN Code § 47-18-5530 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5530. Advertising

  If the agreements of a provider contemplate that creditors will reduce finance charges or fees for late payment, default or delinquency and the provider advertises debt-management services, it shall disclose, in an easily comprehensible manner, that using a debt-management plan may make it harder for the individual to obtain credit.   If the agreements of a provider contemplate that creditors will settle for less than the full principal amount of debt and the provider advertises debt-management services, it shall disclose, in an easily comprehensible manner, the information specified in § 47-18-5517(d)(3) and (4).
TN Code § 47-18-5531 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5531. Liability for the Conduct of Other Persons

 If a provider delegates any of its duties or obligations under an agreement or this part to another person, including an independent contractor, the provider is liable for conduct of the person that, if done by the provider, would violate the agreement or this part.
TN Code § 47-18-5533 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5533. Administrative Remedies

  The administrator may enforce this part and rules adopted under this part by taking one (1) or more of the following actions:  Ordering a provider or a director, employee or other agent of a provider to cease and desist from any violations;   Ordering a provider or a person that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;   Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f), imposing on a provider or a person who has caused a violation a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this part or any rule promulgated pursuant to this part;   Prosecuting a civil action to:  Enforce an order;   Obtain restitution or an injunction or other equitable relief, or both; or     Intervening in an action brought under § 47-18-5535.     Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f), if a person violates or knowingly authorizes, directs or aids in the violation of a final order issued under subdivision (a)(1) or (a)(2), the administrator may impose a civil penalty not exceeding twenty thousand dollars ($20,000) for each violation.   The administrator may maintain an action to enforce this part in any county.   The administrator may recover the reasonable costs of enforcing this part under subsections (a)-(c), including attorney's fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.   In determining the amount of a civil penalty to impose under subsection (a) or (b), the administrator shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public and any other factor the administrator considers relevant to the determination of the civil penalty.
TN Code § 47-18-5534 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5534. Suspension, Revocation or Nonrenewal of Registration

  In this section, “insolvent” means:  Having generally ceased to pay debts in the ordinary course of business other than as a result of good faith dispute;   Being unable to pay debts as they become due; or   Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. § 101 et seq.     The administrator may suspend, revoke or deny renewal of a provider's registration if:  A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;   The provider has committed a material violation of this part or a rule or order of the administrator under this part;   The provider is insolvent;   The provider or an employee or affiliate of the provider has refused to permit the administrator to make an examination authorized by this part, failed to comply with § 47-18-5532(b)(2) within fifteen (15) days after request or made a material misrepresentation or omission in complying with § 47-18-5532(b)(2); or   The provider has not responded within a reasonable time and in an appropriate manner to communications from the administrator.     If a provider does not comply with § 47-18-5522(f) or if the administrator otherwise finds that the public health or safety or general welfare requires emergency action, the administrator may order a summary suspension of the provider's registration, effective on the date specified in the order.   If the administrator suspends, revokes or denies renewal of the registration of a provider, the administrator may seek a court order authorizing seizure of any or all of the money in a trust account required by § 47-18-5522, books, records, accounts and other property of the provider that are located in this state.   If the administrator suspends or revokes a provider's registration, the provider may appeal and request a hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
TN Code § 47-18-5535 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5535. Private Enforcement

  If an individual voids an agreement pursuant to § 47-18-5525(b), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under subdivisions (c)(3) and (4).   If an individual voids an agreement pursuant to § 47-18-5525(a), the individual may recover in a civil action three (3) times the total amount of the fees, charges, money and payments made by the individual to the provider, in addition to the recovery under subdivision (c)(4).   Subject to subsection (d), an individual with respect to whom a provider violates this part may recover in a civil action from the provider and any person that caused the violation:  Compensatory damages for injury, including noneconomic injury, caused by the violation;   Except as otherwise provided in subsection (d) and subject to adjustment of the dollar amount pursuant to § 47-18-5532(f), with respect to a violation of § 47-18-5517, § 47-18-5519, § 47-18-5520, § 47-18-5521, § 47-18-5522, § 47-18-5523, § 47-18-5524, § 47-18-5527 or § 47-18-5528(a), (b), or (d), the greater of the amount recoverable under subdivision (c)(1) or five thousand dollars ($5,000);   Punitive damages; and   Reasonable attorney's fees and costs.     In a class action, except for a violation of § 47-18-5528(a)(5), the minimum damages provided in subdivision (c)(2) do not apply.   In addition to the remedy available under subsection (c), if a provider violates an individual's rights under § 47-18-5520, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except for amounts paid to creditors.   A provider is not liable under this section for a violation of this part if the provider proves that the violation was not intentional and resulted from a good faith error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. An error of legal judgment with respect to a provider's obligations under this part is not a good faith error. If, in connection with a violation, the provider has received more money than authorized by an agreement or this part, the defense provided by this subsection (f) is not available unless the provider refunds the excess within two (2) business days of learning of the violation.   The administrator shall assist an individual in enforcing a judgment against the surety bond or other security provided under § 47-18-5513 or § 47-18-5514.
TN Code § 47-18-5536 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5536. Violation of Consumer Protection Act

 If an act or practice of a provider violates both this part and the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter, an individual may not recover under both for the same act or practice.
TN Code § 47-18-5537 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5537. Statute of Limitations

  An action or proceeding brought pursuant to § 47-18-5533(a), (b), or (c) shall be commenced within four (4) years after the administrator opens a complaint.   An action brought pursuant to § 47-18-5535 must be commenced within two (2) years after the latest of:  The individual's last transmission of money to a provider;   The individual's last transmission of money to a creditor at the direction of the provider;   The provider's last disbursement to a creditor of the individual;   The provider's last accounting to the individual pursuant to § 47-18-5527(a);   The date on which the individual discovered or reasonably should have discovered the facts giving rise to the individual's claim; or   Termination of actions or proceedings by the administrator with respect to a violation of the part.     The period prescribed in subdivision (b)(5) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this part to be disclosed to the individual, if the information so misrepresented is material to the establishment of the liability of the defendant under this part.
TN Code § 47-18-5538 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5538. Uniformity of Application and Construction

 In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
TN Code § 47-18-5539 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5539. Relation to Electronic Signatures in Global and National Commerce Act

 This part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, codified in 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, codified in 15 U.S.C. § 7003(b).
TN Code § 47-18-5540 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5540. Transitional Provisions — Application to Existing Transactions

 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.
TN Code § 47-18-5541 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5541. Severability

 If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.
TN Code § 47-18-5542 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 18 - Consumer Protection|Part 55 - Uniform Debt-Management Services Act|§ 47-18-5542. Transfer of Administration to Division of Regulatory Boards

 Beginning on July 1, 2015, administration of this part on behalf of the administrator shall be attached to the division of regulatory boards in the department of commerce and insurance.
TN Code § 47-22-101 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 22 - Credit Cards|Part 1 - Unsolicited Credit Cards and Unauthorized Use|§ 47-22-101. Part Definitions

 As used in this part, unless the context otherwise requires:   “Credit card” means any card, token, or similar identification device which is issued for the purpose of obtaining money, services, or merchandise pursuant to a credit arrangement;   “Person” means any individual, corporation, agency, business association, or similar group;   “Unauthorized use of a credit card” means the use of a credit card by any person other than the person to whom it was issued or persons to whom the person has entrusted it; and   “Unsolicited credit card” means any credit card issued without an application or other authorization from the person to whom it is issued; provided, that a credit card issued to renew or replace a credit card previously issued by the issuer or the predecessor of the issuer and previously applied for, paid for, or used by the person to whom issued shall not be deemed to be an “unsolicited credit card.”