reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 5 - BUYERS' CLUBS (§§ 47-18-501 — 47-18-509) › Section 47-18-503 - Contracts - Notice of right to cancel

(a)
A fully completed copy of every contract shall be delivered to the member at the time the contract is signed. Every contract shall constitute the entire agreement between seller and member, shall be in writing, shall be signed by the member, shall designate the date on which the member signed the contract and shall state, clearly and conspicuously in boldface type of a minimum size of fourteen (14) points, in immediate proximity to the space reserved for the signature of the buyer, the following:
MEMBER'S RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the company. Certified mail would provide greater protection than first class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. Your notice must make known that you do not wish to be bound by the contract. If the notice is delivered or mailed before twelve o'clock midnight (12:00) of the third business day after you sign this contract, you are entitled to a refund of the entire consideration paid for the contract. The notice must be delivered or mailed to (insert name and mailing address of company). If you cancel, the club is required to return, within fourteen (14) days of the date on which you give notice of cancellation, any payments you have made.
(b)
Until the buying club has complied with this section, the member may cancel the contract by notifying the buying club, in any manner and by any means, of the member's intention to cancel and the member is then entitled to a refund of the entire consideration paid for the contract.
Acts 1986, ch. 863, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 5 - BUYERS' CLUBS (§§ 47-18-501 — 47-18-509) › Section 47-18-504 - Contracts - Nondelivery of goods - Savings claims

(a)
Every contract shall provide that if any goods, except furniture or custom manufactured goods, ordered by the member from the buying club, are not delivered to the member or available for pick up by the member at the location where the order was placed within six (6) weeks from the date the member placed an order for such goods, then any payment by the member for such goods in advance of delivery shall, upon the member's request, be fully refunded, unless a predetermined delivery date has been furnished to the member in writing at the time the member ordered such goods, and the goods are delivered to the member or available for pick up by that date. Every contract must disclose that delivery dates for furniture or custom manufactured goods cannot be predicted, if such is the case.
(b)
Every contract shall provide that all savings claims made by the buying club are based on price comparisons with retailers doing business in the trade area in which the claims are made if the same or comparable items are offered for sale in the trade area and with prices at which the merchandise is actually sold or offered for sale.
(c)
Any contract which does not comply with subsections (a) and (b) shall be void and unenforceable.
Acts 1986, ch. 863, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 5 - BUYERS' CLUBS (§§ 47-18-501 — 47-18-509) › Section 47-18-505 - Contracts - Duration

No contract shall be valid for a term longer than eighteen (18) months from the date upon which the contract is signed. However, a club may allow a member to convert such member's contract into a contract for a period longer than eighteen (18) months after the member has been a member of the club for a period of at least six (6) months. The duration of the contract shall be clearly and conspicuously disclosed in the contract in boldface type of a minimum size of fourteen (14) points. No contract shall contain an automatic renewal clause; provided, that such an agreement may provide for the buyer to exercise a renewal.
Acts 1986, ch. 863, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 5 - BUYERS' CLUBS (§§ 47-18-501 — 47-18-509) › Section 47-18-506 - Exemptions

This part shall not apply to:
(1)
Any buyers club in which the total consideration paid by each buyer in any manner whatsoever under the contract for discount buying services does not exceed fifty dollars ($50.00) over the expected life of the contract;
(2)
Any buyers club in which persons receive discount buyer services incidentally as part of a package of services provided to or available to such individuals on account of their membership in such organization, which is not organized for the profit of any person or corporation or which does not have as one (1) of its primary purposes or businesses the provision of discount buying services; and
(3)
Any buyers club which files with the attorney general a declaration, executed under penalty of perjury by the owner or manager of such club, stating that the club does not require or, in the ordinary course of business, receive prepayment.
Amended by 2019 Tenn. Acts, ch. 459,s 23, eff. 9/30/2019.
Acts 1986, ch. 863, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 5 - BUYERS' CLUBS (§§ 47-18-501 — 47-18-509) › Section 47-18-508 - Requirements nonwaivable

Any waiver by the member of this part shall be deemed contrary to public policy and shall be void and unenforceable.
Acts 1986, ch. 863, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 5 - BUYERS' CLUBS (§§ 47-18-501 — 47-18-509) › Section 47-18-509 - Violations of part - Penalties

A violation of this part shall constitute a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by that act.
Acts 1986, ch. 863, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-601 - Short title

This part shall be known and may be cited as the "Tennessee Rental-Purchase Agreement Act."
Acts 1987, ch. 225, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-602 - Legislative findings and purpose

The general assembly finds that a significant number of consumers have sought to acquire ownership of personal property through rental-purchase agreements. Often, these rental-purchase agreements have been offered without adequate cost disclosures. It is the purpose of this part to assure meaningful disclosure of the terms of rental-purchase agreements, to make consumers aware of the total cost attendant with such agreements, to inform the consumer when ownership will transfer, and to assure accurate disclosures of rental-purchase terms in advertising.
Acts 1987, ch. 225, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-603 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Advertisement" means a commercial message in any medium that aids, promotes, or assists directly or indirectly a rental-purchase agreement;
(2)
"Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee;
(3)
"Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement;
(4)
"Consumer" means a natural person who rents personal property under a rental-purchase agreement;
(5)
"Consummation" means the time a consumer becomes contractually obligated on a rental-purchase agreement;
(6)
[Deleted by 2019 amendment.]
(7)
"Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a rental-purchase agreement; and
(8)
"Rental-purchase agreement" means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four (4) months or less (whether or not there is any obligation beyond the initial period) that is automatically renewable with each payment and that permits the consumer to become the owner of the property. "Rental-purchase agreement" shall not be construed to be, nor be governed by, any of the following:
(A)
A lease or agreement which constitutes a "credit" sale as defined in
12 CFR 226.2(a)(16)
and §
1602(g)
of the Truth In Lending Act, compiled in
15 U.S.C. § 1601
et seq.;
(B)
A lease which constitutes a "consumer lease" as defined in
12 CFR 213.2(e)
;
(C)
Any lease for agricultural, business, or commercial purposes;
(D)
Any lease made to an organization;
(E)
A lease or agreement which constitutes a "retail installment contract" or "retail installment transaction" as defined in §
47-11-102
;
(F)
A "security interest" as defined in §
47-1-201
; or
(G)
A "home solicitation sale" as defined in §
47-18-702
.
Amended by 2019 Tenn. Acts, ch. 459, s 24, eff. 9/30/2019.
Acts 1987, ch. 225, § 4.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-604 - Required disclosures

(a)
For each rental-purchase agreement, the lessor shall disclose the following items as applicable:
(1)
A brief description of the leased property, sufficient to identify the property to the consumer and lessor;
(2)
The number, amount, and timing of all lease payments necessary to acquire ownership of the property;
(3)
The maximum amount of all initial and periodic payments and other charges to acquire ownership of the property pursuant to the ownership provisions of the rental-purchase agreement;
(4)
A statement that the consumer will not own the property until the consumer has made the number of payments and the total of payments necessary to acquire ownership;
(5)
A statement that the total of payments does not include other charges, such as late payment, default, pickup, and reinstatement fees, and that the consumer should see the contract for an explanation of these charges;
(6)
If applicable, a statement that the consumer is responsible for the fair market value of the property if it is lost, stolen, damaged, or destroyed;
(7)
A statement indicating whether the property is new or used; however, a statement that indicates new property is used is not a violation of this part;
(8)
A statement of the cash price of the property. Where the agreement involves a lease for five (5) or more items, a statement of the aggregate cash price of all items shall satisfy this requirement;
(9)
The total of initial payments required to be paid before consummation of the agreement or delivery of the property, whichever is later;
(10)
A statement clearly summarizing the terms of the consumer's options to purchase;
(11)
A statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with the description of that responsibility and a statement that, if any part of a manufacturer's express warranty covers the leased property at the time the consumer acquires ownership of the property, it will be transferred to the consumer, if allowed by the terms of the warranty; and
(12)
The date of the transaction and the identities of the lessor and consumer.
(b)
With respect to matters specifically governed by the federal Consumer Credit Protection Act, compliance with such act satisfies the requirements of this section.
(c)
Subsection (a) does not apply to a lessor who complies with the disclosure requirements of Section 182 of the federal Consumer Credit Protection Act,
15 U.S.C. § 1667a
,
90
Stat. 258, with respect to a rental-purchase agreement entered into with a consumer.
Acts 1987, ch. 225, § 5.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-605 - Form of disclosures

(a)
The lessor shall disclose to the consumer the information required by this part. In a transaction involving more than one (1) consumer, a lessor need disclose only to one (1) of the consumers who is primarily obligated. In a transaction involving more than one (1) lessor, only one (1) lessor need make the required disclosures.
(b)
The disclosures required under this part shall be made no later than the time that the lessor delivers the merchandise to the consumer, or upon consummation of the rental-purchase agreement, whichever is earlier.
(c)
(1)
The disclosures shall be made using words and phrases of common meaning, in a form that the consumer may keep.
(2)
The disclosures required under §
47-18-604
may be made a part of the rental-purchase agreement or provided on a separate form.
(3)
The required disclosures shall be set forth clearly and conspicuously. The disclosures shall be placed all together, on the front side of the rental-purchase agreement or on a separate form. The form setting forth the required disclosures must contain spaces for the consumer's signature and the date appearing immediately below the disclosures. The requirements of this section shall not have been complied with unless the consumer signs the statement and receives, at the time disclosures are made, a legible copy of the signed statement. The inclusion in the required disclosures of a statement that the consumer received a legible copy of those disclosures shall create a rebuttable presumption of receipt thereof.
(d)
Information required to be disclosed may be given in the form of estimates and shall be identified as such when the lessor does not know the exact information.
(e)
If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement after delivery of the required disclosures, the resulting inaccuracy is not a violation of this part.
(f)
At the lessor's option, information in addition to that required by §
47-18-604
may be disclosed if the additional information is not stated, utilized, or placed in a manner which will contradict, obscure, or distract attention from the required information.
Acts 1987, ch. 225, § 6.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-606 - Prohibited terms of agreement

A rental-purchase agreement may not contain a provision:
(1)
Requiring a confession of judgment;
(2)
Requiring a garnishment of wages;
(3)
Granting authorization to the lessor or a person acting on the lessor's behalf to enter unlawfully upon the consumer's premises or to commit any breach of the peace in the repossession of goods;
(4)
Requiring the consumer to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf in collection of payment under the lease or in the repossession of goods; or
(5)
Requiring purchase of insurance from the lessor to cover the merchandise.
Acts 1987, ch. 225, § 7.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-607 - Termination and reinstatement provisions

(a)
Each rental-purchase agreement must:
(1)
Provide that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the merchandise upon expiration of any lease term; and
(2)
Contain a provision for reinstatement which, at a minimum:
(A)
Permits a consumer who fails to make a timely rental payment to reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of all past due rental charges, the reasonable costs of pickup, redelivery, any refurbishing and any applicable late fee within five (5) days of the renewal date if the consumer pays monthly, or within two (2) days of the renewal date if the consumer pays more frequently than monthly;
(B)
In the case where a consumer, at the request of the lessor or its agent, has returned or voluntarily surrendered the property, other than through judicial process, permits the consumer to reinstate the agreement during a period of not less than thirty (30) days after the date of the return of the property. In the event the consumer has paid not less than sixty percent (60%) of the amount called for under the contract to obtain ownership, the reinstatement period under this subsection (a) shall be extended to a total of ninety (90) days after the date of the return of the property. In the event the consumer has paid not less than eighty percent (80%) of the amount called for under the contract to obtain ownership, the reinstatement period under this subsection (a) shall be extended to a total of one hundred eighty (180) days after the date of the return of the property.
(b)
Nothing in this section prevents a lessor from attempting to repossess property during the reinstatement period, but such a repossession does not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property or substitute property of comparable quality and condition.
Acts 1987, ch. 225, § 8.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-608 - Receipts for payments

A lessor shall provide the consumer with a written receipt for each payment made by cash or money order.
Acts 1987, ch. 225, § 9.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-609 - Renegotiations - Extensions

(a)
A renegotiation occurs when an existing rental-purchase agreement is satisfied and replaced by a new lease agreement undertaken by the same consumer. A renegotiation is a new agreement requiring new disclosures. However, events such as the following shall not be treated as renegotiations:
(1)
The addition or return of property in a multiple item agreement or the substitution of lease property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent (25%);
(2)
A deferral or extension of one (1) or more periodic payments, or portions of a periodic payment;
(3)
A reduction in charges in the agreement;
(4)
An agreement involving a court proceeding; and
(5)
Any other event described in regulations prescribed by the attorney general.
(b)
No disclosures are required for any extension of a rental-purchase agreement.
Amended by 2019 Tenn. Acts, ch. 459,s 25, eff. 9/30/2019.
Acts 1987, ch. 225, § 10.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-610 - Advertisements

(a)
If an advertisement for a rental-purchase agreement refers to or states the amount of any payment or the right to acquire ownership for any specific item, the advertisement also must state clearly and conspicuously the following items, as applicable:
(1)
That the transaction advertised is a rental-purchase agreement;
(2)
The total of payments necessary to acquire ownership; and
(3)
That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.
(b)
Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.
(c)
Subsection (a) does not apply to an advertisement which does not refer to a specific item of merchandise. The disclosures also need not be made in an advertisement which does not refer to or state the amount of any payment, and which is published in the yellow pages of a telephone directory or any similar directory of business.
(d)
With respect to matters specifically governed by the federal Consumer Credit Protection Act, compliance with such act satisfies the requirements of this section.
Acts 1987, ch. 225, § 11.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-611 - Civil liability

(a)
(1)
A lessor who fails to comply with a requirement imposed in §
47-18-604
or §§
47-18-606
- 47-18-608 with respect to a consumer is liable to the consumer in an amount equal to the greater of:
(A)
The actual damages sustained by the customer as a result of the violation; or
(B)
(i)
In the case of an individual action, twenty-five percent (25%) of the total of payments necessary to acquire ownership but not less than one hundred dollars ($100) nor greater than one thousand dollars ($1,000); or
(ii)
In the case of a class action, the amount the court determines to be appropriate with no minimum recovery as to each member. The total recovery in any class action or series of class actions arising out of the same violation may not be more than the lesser of five hundred thousand dollars ($500,000) or one percent (1%) of the net worth of the lessor. In determining the amount of any award in a class action, the court shall consider, among other relevant factors, the amount of actual damages awarded, the frequency and persistence of the violation, the lessor's resources, and the extent to which the lessor's violation was intentional.
(2)
Such lessor is also liable to the consumer for the costs of the action and reasonable attorneys' fees as determined by the court.
(b)
In the case of an advertisement, any lessor who fails to comply with the requirements of §
47-18-610
with regard to any person is liable to that person for actual damages suffered from the violation, the costs of the action, and reasonable attorneys' fees.
(c)
When there are multiple lessors, liability shall be imposed only on the lessor who made the disclosures. When no disclosures have been given, liability shall be imposed on all lessors.
(d)
When there are multiple consumers in a rental-purchase agreement, there shall be only one (1) recovery of damages under subsection (a) for a violation of this part.
(e)
Multiple violations in connection with a rental-purchase agreement entitle the consumer to a single recovery under this section.
(f)
A consumer may not take any action to offset any amount for which a lessor is potentially liable under subsection (a) against any amount owed by the consumer, unless the amount of the lessor's liability has been determined by judgment of a court of competent jurisdiction in an action in which the lessor was a party. This subsection (f) does not bar a consumer then in default on the obligation from asserting a violation of this part as an original action, or as a defense or counterclaim to an action brought by lessor to collect amounts owed by the consumer.
(g)
In connection with any transaction covered under this part, the lessor shall preserve evidence of compliance with this part for not less than two (2) years from the date of consummation of the agreement.
Acts 1987, ch. 225, § 12.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-612 - Limitation of actions

An action under this part may be brought in any court of competent jurisdiction within one (1) year of the date of the occurrence of any violation or within six (6) months of the time the rental-purchase agreement, together with any renewals or extensions thereof, ceases to be in effect, whichever is greater. Notwithstanding the above, an action under this part may be maintained by way of recoupment or counterclaim in an action brought against the consumer by the lessor or its assignee.
Acts 1987, ch. 225, § 13.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-613 - Liability - Good faith defenses

(a)
A lessor is not liable under §
47-18-612
for a violation of this part if the lessor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, even though the lessor maintained procedures reasonably adapted to avoid such an error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to requirements of this title is not a bona fide error.
(b)
A lessor is not liable under this part for any act done or omitted in good faith in conformity with any rule, regulation, or interpretation promulgated by the attorney general or by an official duly authorized by the attorney general. This rule applies even if, after the act or omission has occurred, the rule, regulation, or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Amended by 2019 Tenn. Acts, ch. 459,s 26, eff. 9/30/2019.
Acts 1987, ch. 225, § 14.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 6 - RENTAL-PURCHASE AGREEMENTS (§§ 47-18-601 — 47-18-614) › Section 47-18-614 - Criminal liability

A willful and intentional violation of this part is a Class C misdemeanor.
Acts 1987, ch. 225, § 15; 1989, ch. 591, § 111.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 7 - HOME SOLICITATION SALES (§§ 47-18-701 — 47-18-708) › Section 47-18-701 - Short title

This part shall be known and may be cited as the "Tennessee Home Solicitation Sales Act of 1974."
Acts 1974, ch. 712, § 1; T.C.A., §
47-16-101
.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 7 - HOME SOLICITATION SALES (§§ 47-18-701 — 47-18-708) › Section 47-18-702 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Business day" means any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day;
(2)
"Buyer" means buyer or lessee;
(3)
"Goods" means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services;
(4)
"Home solicitation sale" means a consumer sale or lease of goods (other than farm equipment and/or motor vehicles) or services, other than insurance and securities, in which the seller or a person acting for the seller engages in the personal solicitation of the sale or lease at any residence other than that of the seller, and the buyer's agreement or offer to purchase or lease is there given to the seller or a person acting for the seller. It does not include cash sales of less than twenty-five dollars ($25.00), a sale or lease made pursuant to a preexisting revolving charge account, or a sale or lease made pursuant to prior negotiations between the parties. It does not include real estate sales or listing agreements. It does not include sales of farm animals or produce or similar perishable items; and
(5)
"Seller" means seller or lessor.
Acts 1974, ch. 712, § 2; T.C.A., §
47-16-102
.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 7 - HOME SOLICITATION SALES (§§ 47-18-701 — 47-18-708) › Section 47-18-703 - Cancellation - Buyer's rights - Exceptions

Notwithstanding any other law to the contrary:
(1)
Except as provided in subdivision (5), in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until twelve o'clock midnight (12:00) of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with §
47-18-704
;
(2)
Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase;
(3)
Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid;
(4)
Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale;
(5)
The buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and:
(A)
The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation;
(B)
In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer; and
(C)
The buyer's emergency request is in a dated writing personally signed by the buyer and which expressly states that the buyer understands that the buyer is waiving the buyer's right to cancel the sale under this part;
(6)
Except as provided in subdivision (5), any waiver or modification of a buyer's right to cancel is void and of no effect. In the event the seller obtains from the buyer a waiver or modification of the buyer's right to cancel, the buyer's right to cancel shall commence on the first business day following the buyer's learning that the waiver or modification is void and of no effect.
Acts 1974, ch. 712, § 3; T.C.A., §
47-16-103
.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 7 - HOME SOLICITATION SALES (§§ 47-18-701 — 47-18-708) › Section 47-18-704 - Cancellation - Notice to buyer of rights

(a)
In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer a receipt if it is a cash or credit card sale or, in the case of a credit sale, obtain the buyer's signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually makes payment in whole or in part or signs. Contained on any such receipt, written agreement, or offer to purchase, there shall be a readily legible statement as described in subsection (b).
(b)
The statement required in subsection (a) shall:
(1)
Appear on the front side of the receipt or contract, or immediately above the buyer's signature, under the conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and
(2)
Read as follows: "If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before twelve o'clock midnight (12:00) of the third business day after you sign this agreement. The notice must be mailed to: ____________________ (insert name and mailing address of seller)."
(c)
In lieu of the form of notice required by subsection (b), a seller may comply with the requirements of the federal statutes, rules, or regulations governing the form of notice of the right of cancellation in door-to-door sales.
(d)
Until the seller has complied with this section, the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of the buyer's intention to cancel.
(e)
A home solicitation sale shall be deemed to be in compliance with the notice requirements of this statute if:
(1)
The buyer may at any time:
(A)
Cancel the order;
(B)
Refuse to accept delivery of the goods without incurring any obligation to pay for them; or
(C)
Return the goods to the seller and receive a full refund for any amount the buyer has paid; and
(2)
The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the sales ticket.
Acts 1974, ch. 712, § 4; T.C.A., §
47-16-104
.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 7 - HOME SOLICITATION SALES (§§ 47-18-701 — 47-18-708) › Section 47-18-705 - Cancellation - Refund of payments - Lien pending refund

(a)
Except as provided in this section, within ten (10) days after a home solicitation sale has been cancelled or an offer to purchase revoked the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(b)
If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(c)
Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to the buyer by the seller and has a lien on the goods in the buyer's possession or control for any recovery to which the buyer is entitled.
Acts 1974, ch. 712, § 5; T.C.A., §
47-16-105
.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 7 - HOME SOLICITATION SALES (§§ 47-18-701 — 47-18-708) › Section 47-18-706 - Cancellation - Return of goods - Compensation for services

(a)
Except as provided in §
47-18-705(c)
, within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but the buyer is not obligated to tender at any place other than the buyer's residence. If the seller fails to demand possession of goods within twenty (20) days after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them.
(b)
The buyer has a duty to take reasonable care of the goods in the buyer's possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk.
(c)
If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to compensation only to the extent of the fair market value for any such services performed prior to cancellation.
Acts 1974, ch. 712, § 6; T.C.A., §
47-16-106
.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 7 - HOME SOLICITATION SALES (§§ 47-18-701 — 47-18-708) › Section 47-18-707 - Misrepresentation of seller's identity

Notwithstanding any other law, if at the time of a home solicitation a seller or the seller's agent should fail to immediately identify such person as a seller or lessor, or should the seller or agent represent or imply that the seller's or agent's purpose at the time of solicitation is anything other than selling or leasing if that is not substantially true, the buyer shall have a total of thirty (30) days to cancel any home solicitation sales contract there entered into in the same manner and to the same extent as otherwise provided by this chapter; provided, that the goods or merchandise are made available for the seller's repossession and are tendered back to the seller in substantially as good condition as when received by the buyer.
Acts 1974, ch. 712, § 7; T.C.A., §
47-16-107
.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 7 - HOME SOLICITATION SALES (§§ 47-18-701 — 47-18-708) › Section 47-18-708 - Nonwaivable buyer's rights

(a)
No seller shall use a form or contract in providing goods or services that purports to waive a buyer's right to obtain:
(1)
Punitive damages;
(2)
Exemplary damages;
(3)
Treble damages; or
(4)
Attorney's fees.
(b)
Any form or contract containing a prohibited provision as described above shall be deemed unconscionable and unenforceable as to such provision.
Acts 2001, ch. 116, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 8 - EQUAL CONSUMER CREDIT (§§ 47-18-801 — 47-18-805) › Section 47-18-801 - Short title

This part shall be known and may be cited as the "Tennessee Equal Consumer Credit Act of 1974."
Acts 1974, ch. 727, § 1; T.C.A., § 47-17-101.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 8 - EQUAL CONSUMER CREDIT (§§ 47-18-801 — 47-18-805) › Section 47-18-802 - Unlawful discrimination

(a)
It is unlawful for any creditor or credit card issuer to discriminate between equally qualified individuals, whether male or female, or whether disabled, or to discriminate solely on account of marital status against any individual, with respect to the approval or denial of terms of credit in connection with any consumer credit sale, whether or not under an open end credit plan, any consumer loan, or any other extension of consumer credit, or with respect to the issuance, renewal, denial, or terms of any credit card.
(b)
"Disabled," as used in this section, means any physically disabled person who meets the requirements for disabled drivers established in §
55-21-102(3) and (4)
, and any other individual not otherwise covered under this section who is certified as disabled by a physician duly licensed to practice medicine in Tennessee.
(c)
Any requirement of a public utility for the continuation of a utility service account in the name of the spouse in whose name the account was originally opened shall not be a violation of this section where both spouses reside in the same household and have the benefit of the utility service.
Acts 1974, ch. 727, § 2; 1978, ch. 610, § 1; 1983, ch. 310, §§ 1, 2; T.C.A., § 47-17-102.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 8 - EQUAL CONSUMER CREDIT (§§ 47-18-801 — 47-18-805) › Section 47-18-803 - Damages and attorney's fees

Any creditor or credit card issuer who discriminates against any individual in a manner prohibited by §
47-18-802
is liable to such individual in damages in an amount equal to the sum of:
(1)
In the case of an individual action, not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000);
(2)
In the case of a class action, not more than ten thousand dollars ($10,000); and
(3)
In the case of any successful action to enforce the foregoing liability, the costs of the action together with a reasonable attorney's fee as determined by the court.
Acts 1974, ch. 727, § 3; T.C.A., § 47-17-103.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 8 - EQUAL CONSUMER CREDIT (§§ 47-18-801 — 47-18-805) › Section 47-18-804 - Jurisdiction and limitation of actions

Any action brought under this part may be brought in any court of competent jurisdiction in this state during a period of one (1) year commencing on the date of occurrence of the violation.
Acts 1974, ch. 727, § 4; T.C.A., § 47-17-104.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 8 - EQUAL CONSUMER CREDIT (§§ 47-18-801 — 47-18-805) › Section 47-18-805 - Liability of spouse

Where the applicant for credit is married, the spouse of the applicant shall not be liable, other than to the extent common law liability is imposed for furnishing necessaries, for any debts, charges, or accounts where the spouse has not signed the application for credit.
Acts 1974, ch. 727, § 6; 1975, ch. 378, § 1; T.C.A., § 47-17-105.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 9 - UNSOLICITED MERCHANDISE (§§ 47-18-901 — 47-18-902) › Section 47-18-901 - Rights of recipient

Unless otherwise agreed, where unsolicited goods, wares, or merchandise of a value of less than fifty dollars ($50.00) is delivered by United States mail or United Parcel Service to a person who has not actually ordered or requested it, either orally or in writing, the person has a right to refuse to accept delivery of it, is under no duty to return it to the sender, is under no duty to preserve and safe-keep it, and may at the person's option deem it to be, for all purposes, an outright and unconditional gift and may use or dispose of it in any lawful manner without any obligation on the person's part to the sender.
Acts 1969, ch. 162, § 1; T.C.A., §§ 47-15-114, 47-21-101.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 9 - UNSOLICITED MERCHANDISE (§§ 47-18-901 — 47-18-902) › Section 47-18-902 - Defense against action for value or return of goods

In any action for the monetary value or for the return of such unsolicited goods, wares, or merchandise, it shall be a complete defense that it was delivered voluntarily by the plaintiff and was not actually ordered or requested by the defendant, either orally or in writing.
Acts 1969, ch. 162, § 1; T.C.A., §§ 47-15-114, 47-21-102.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1001 - Short title

This part shall be known and may be cited as the "Tennessee Credit Services Businesses Act."
Acts 1988, ch. 897, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1004 - Information statement required - Record on file

(a)
Before the execution of a contract or agreement between a consumer and a credit services business or the receipt by the credit services business of any money or other valuable consideration, whichever occurs first, the credit services business shall provide the consumer with an information statement in writing containing all of the information required under §
47-18-1005
.
(b)
The credit services business shall maintain on file or microfilm for a period of two (2) years from the date of the consumer's acknowledgement an exact copy of the information statement personally signed by the consumer acknowledging receipt of a copy of the information statement.
Acts 1988, ch. 897, § 4.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1005 - Contents of information statement

The information statement required under §
47-18-1004
shall include all of the following:
(1)
(A)
A complete and accurate statement of the consumer's right to review any file on the consumer maintained by any consumer reporting agency, and the right of the consumer to receive a copy of a consumer report containing all information in that file as provided under the federal Fair Credit Reporting Act (
15 U.S.C. § 1681g
);
(B)
A statement that a copy of the consumer report containing all information in the consumer's file will be furnished free of charge by the consumer reporting agency, if requested by the consumer within thirty (30) days from receipt of the consumer's request; and
(C)
A statement that a nominal charge, not to exceed eight dollars ($8.00), may be imposed on the consumer by the consumer reporting agency for a copy of the consumer report containing all information in the consumer's file, if the consumer has not been denied credit within sixty (60) days from receipt of the consumer's request.
(2)
A complete and accurate statement of the consumer's right to dispute the completeness or accuracy of any item contained in any file on the consumer that is maintained by any consumer reporting agency, as provided under the federal Fair Credit Reporting Act (
15 U.S.C. § 1681i
);
(3)
A complete and detailed description of the services to be performed by the credit services business for or on behalf of the consumer, and the total amount the consumer will have to pay, or become obligated to pay, for the services;
(4)
(A)
Name and address of the surety company which issued the bond in accordance with §
47-18-1011
;
(B)
A statement explaining the consumer's right to proceed against the bond; and
(5)
A complete and accurate statement of the availability of nonprofit credit counseling.
Acts 1988, ch. 897, § 5; 1998, ch. 854, §§ 4, 10.