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 51 - TENNESSEE PRICE-GOUGING ACT OF 2002 (§§ 47-18-5101 — 47-18-5104) › Section 47-18-5102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Abnormal economic disruption" means a disruption or anticipated disruption to usual business conditions caused by a natural or man-made disaster or emergency resulting from a terrorist attack, war, strike, civil disturbance, tornado, earthquake, fire, flood, or any other natural disaster or man-made disaster;
(2)
"Building materials" means lumber, construction tools, windows, and anything else used in the building or rebuilding of property;
(3)
"Consumer food item" means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal;
(4)
"Costs" means any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business;
(5)
"Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers;
(6)
"Gasoline" means any fuel used to power any motor vehicle or power tool;
(7)
"Goods" has the same meaning as provided in §
47-18-103
;
(8)
"Housing" means any rental housing leased on a month-to-month term;
(9)
"Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products;
(10)
"Person" has the same meaning as provided in §
47-18-103
;
(11)
"Repair or reconstruction services" means services performed by any person for repairs to residential or commercial property of any type that is damaged as a result of a disaster or terrorist attack;
(12)
"Services" has the same meaning as provided in §
47-18-103
; and
(13)
[Deleted by 2018 amendment.]
(14)
"Transportation, freight, and storage services" means any service that is performed by any company that contracts to move, store, or transport personal or business property or rents equipment for those purposes.
Amended by 2018 Tenn. Acts, ch. 624,s 3, eff. 4/2/2018.
Acts 2002, ch. 807, § 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 51 - TENNESSEE PRICE-GOUGING ACT OF 2002 (§§ 47-18-5101 — 47-18-5104) › Section 47-18-5103 - Prohibited acts during declaration of abnormal economic disruption

(a)
(1)
Upon the declaration of an abnormal economic disruption by the governor by proclamation or executive order, and continuing for a maximum of fifteen (15) calendar days, unless extended by a subsequent declaration in any county or municipality covered by the abnormal economic disruption, a person is prohibited from charging any other person a price for the following goods or services that is grossly in excess of the price generally charged for the same or similar goods or services in the usual course of business:
(A)
Consumer food items;
(B)
Repair or construction services;
(C)
Emergency supplies;
(D)
Medical supplies;
(E)
Building materials;
(F)
Gasoline;
(G)
Transportation, freight, and storage services;
(H)
Housing; or
(I)
Temporary healthcare staffing provided by a temporary healthcare staffing agency as defined by §
68-11-2301
.
(2)
A declaration of an abnormal economic disruption by the governor may specify that only certain goods or services are covered by the prohibition described in subdivision (a)(1).
(b)
A price increase is not grossly excessive if the increase was directly attributable to:
(1)
Price increases in applicable regional, national, or international commodity markets;
(2)
Pricing set forth in any pre-existing agreement, including stored and in-transit inventory;
(3)
Additional costs imposed on the person by the supplier of the goods or services; or
(4)
Additional costs for labor, services, or materials used to provide the goods or services, including costs of replacement inventory, additional costs to transport goods or services, and additional labor charges.
Amended by 2023 Tenn. Acts, ch. 432, s 2, eff. 5/11/2023.
Amended by 2018 Tenn. Acts, ch. 624, s 4, eff. 4/2/2018.
Acts 2002, ch. 807, § 2.
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 51 - TENNESSEE PRICE-GOUGING ACT OF 2002 (§§ 47-18-5101 — 47-18-5104) › Section 47-18-5104 - Violation - Unfair or deceptive act or practice - Penalties cumulative

(a)
Violation of any provision of this part, or any rules and regulations promulgated hereunder, constitutes an unfair or deceptive act or practice under §
47-18-104(a)
; provided, that no criminal penalty shall be incurred for violation of this part. A civil action for violation of this part may be brought under part 1 of this chapter.
(b)
The remedies and penalties provided in this section are cumulative. This part preempts any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same or similar conduct prohibited in this part.
Amended by 2018 Tenn. Acts, ch. 624,s 5, eff. 4/2/2018.
Acts 2002, ch. 807, § 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 52 - ANTI-PHISHING ACT OF 2006 (§§ 47-18-5201 — 47-18-5205) › Section 47-18-5201 - Short title

This part shall be known and may be cited as the "Anti-Phishing Act of 2006."
Acts 2006, ch. 566, § 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 52 - ANTI-PHISHING ACT OF 2006 (§§ 47-18-5201 — 47-18-5205) › Section 47-18-5203 - Violation of part

(a)
It shall be unlawful for any person to represent oneself, either directly or by implication, to be another person, without the authorization or permission of such other person, through the use of the Internet, electronic mail messages or any other electronic means, including wireless communication, and to solicit, request, or take any action to induce a resident of this state to provide identifying information or identification documents.
(b)
It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to defraud, for such person's own use or the use of a third person, or to sell or distribute the information to another, to:
(1)
Fraudulently obtain, record or access identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;
(2)
Obtain goods or services through the use of identifying information of such other person; or
(3)
Obtain identification documents in such other person's name.
(c)
It shall be unlawful for any person with the intent to defraud and without the authorization or permission of the person who is the owner or licensee of a web page or web site to:
(1)
Knowingly duplicate or mimic all or any portion of the web site or web page;
(2)
Direct or redirect an electronic mail message from the IP address of a person to any other IP address;
(3)
Use any trademark, logo, name, or copyright of another person on a web page; or
(4)
Create an apparent but false link to a web page of a person that is directed or redirected to a web page or IP address other than that of the person represented.
(d)
It shall be unlawful for any person to attempt to commit any of the violations enumerated in this section.
(e)
In addition to the penalties set forth in §
47-18-5205
, a person who knowingly violates:
(1)
Subsection (a), (b), or (c) commits a Class A misdemeanor; or
(2)
Subsection (d) commits a Class B misdemeanor.
Amended by 2017 Tenn. Acts, ch. 257,s 3, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 257,s 2, eff. 7/1/2017.
Acts 2006, ch. 566, § 4.
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 52 - ANTI-PHISHING ACT OF 2006 (§§ 47-18-5201 — 47-18-5205) › Section 47-18-5204 - Persons allowed to bring an action for damages

(a)
The following persons may bring an action against a person who violates or is in violation of §
47-18-5203
:
(1)
(A)
A person who:
(i)
Is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark; and
(ii)
Suffers ascertainable loss by a violation of §
47-18-5203
.
(B)
An action brought under subdivision (a)(1)(A) may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000); or
(2)
(A)
An individual who suffers an ascertainable loss by a violation of §
47-18-5203
may bring an action, but only against a person who has directly violated §
47-18-5203
.
(B)
An action brought under subdivision (a)(2)(A) may seek to enjoin further violations of §
47-18-5203
and to recover the greater of three (3) times the amount of actual damages or five thousand dollars ($5,000), per violation.
(b)
The attorney general and reporter or a district attorney general may bring an action against a person who violates or is in violation of §
47-18-5203
to enjoin further violations of §
47-18-5203
and to recover a civil penalty of up to two thousand five hundred dollars ($2,500), per violation.
(c)
In an action pursuant to this part, a court may, in addition, do either or both of the following:
(1)
Increase the recoverable damages to an amount up to three (3) times the damages otherwise recoverable under subsection (a) in cases in which the defendant has established a pattern and practice of violating §
47-18-5203
; or
(2)
Award costs of the suit and reasonable attorney's fees to a prevailing plaintiff.
(d)
The remedies provided in this part do not preclude the seeking of remedies, including criminal remedies, under any other applicable law.
(e)
For purposes of subdivision (a)(1), multiple violations of §
47-18-5203
resulting from any single action or conduct shall constitute one (1) violation.
(f)
No provider of an interactive computer service may be held liable under this part or any other state law for identifying, removing, or disabling access to content that resides on an Internet web page or other online location that such provider believes in good faith is used to engage in a violation of this part.
Acts 2006, ch. 566, § 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 52 - ANTI-PHISHING ACT OF 2006 (§§ 47-18-5201 — 47-18-5205) › Section 47-18-5205 - Violation of part constituting violation of the Tennessee Consumer Protection Act - Application and construction

(a)
A violation of this part constitutes a violation of the Tennessee Consumer Protection Act.
(b)
For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting trade or commerce and subject to the penalties and remedies as provided in such act, in addition to the penalties and remedies set forth in this part.
(c)
If the attorney general has reason to believe that a person has violated this part, then the attorney general may institute a proceeding under this chapter.
Amended by 2019 Tenn. Acts, ch. 459,s 51, eff. 9/30/2019.
Acts 2006, ch. 566, § 6.
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 53 - TENNESSEE TRUTH IN MUSIC ADVERTISING ACT (§§ 47-18-5301 — 47-18-5304) › Section 47-18-5301 - Short title

This part shall be known and may be cited as the "Tennessee Truth in Music Advertising Act."
Acts 2007, ch. 277, § 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 53 - TENNESSEE TRUTH IN MUSIC ADVERTISING ACT (§§ 47-18-5301 — 47-18-5304) › Section 47-18-5302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name;
(2)
"Recording group" means a vocal or instrumental group at least one (1) of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group; and
(3)
"Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disc, tape, or other phono-record, in which the sounds are embodied.
Acts 2007, ch. 277, § 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 53 - TENNESSEE TRUTH IN MUSIC ADVERTISING ACT (§§ 47-18-5301 — 47-18-5304) › Section 47-18-5303 - Prohibited musical performance or production

No person shall advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association, between a performing group and a recording group. The prohibition contained in this section does not apply if:
(1)
The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States patent and trademark office;
(2)
At least one (1) member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;
(3)
The live musical performance or production is identified in all advertising and promotion as a salute or tribute, and the name of the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;
(4)
The advertising does not relate to a live musical performance or production taking place in this state; or
(5)
The performance or production is expressly authorized by the performing group.
Acts 2007, ch. 277, § 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 53 - TENNESSEE TRUTH IN MUSIC ADVERTISING ACT (§§ 47-18-5301 — 47-18-5304) › Section 47-18-5304 - Violations - Application and construction

(a)
A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter.
(b)
For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce and subject to the penalties and remedies as provided by that act. The attorney general may assess a civil penalty of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000) for a violation of this part. For purposes of this part, each performance in violation of this part constitutes a separate violation of this part. The civil penalties recoverable by this state under this part are supplemental and cumulative to any other available civil or criminal penalties and relief available under other laws, regulations and rules, including, but not limited to, those available pursuant to §
47-18-108
.
Amended by 2019 Tenn. Acts, ch. 459,s 52, eff. 9/30/2019.
Acts 2007, ch. 277, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5501 - Short title

This part shall be known and may be cited as the "Uniform Debt-Management Services Act."
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5503 - Exempt agreements and persons

This part does not apply to:
(1)
An agreement with an individual whom the provider has no reason to know resides in this state at the time of the agreement;
(2)
A provider to the extent that the provider:
(A)
Provides or agrees to provide debt-management, educational or counseling services to an individual whom the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or
(B)
Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors; or
(3)
The following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession:
(A)
A judicial officer, a person acting under an order of a court or an administrative agency or an assignee for the benefit of creditors;
(B)
A bank;
(C)
An affiliate, as defined in §
47-18-5502
, of a bank if the affiliate is regulated by a federal or state banking regulatory authority;
(D)
Any person who is engaged in the credit services business as defined in §
47-18-1002
but is not engaged in the business of debt counseling, debt management or debt settlement as defined by this part; provided, that the person is registered as a credit services business with the administrator; or
(E)
A title insurer, escrow company or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5504 - Registration required - Maintenance and publication of list of registered providers

(a)
Except as otherwise provided in subsection (b), a provider may not provide debt-management services to an individual whom the provider reasonably should know resides in this state at the time the provider agrees to provide the services, unless the provider is registered under this part.
(b)
If a provider is registered under this part, subsection (a) does not apply to an employee or agent of the provider.
(c)
The administrator shall maintain and publicize a list of the names of all registered providers.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5505 - Application for registration - Form, fee, and accompanying documents

(a)
An application for registration as a provider must be in a form prescribed by the administrator.
(b)
Subject to adjustment of dollar amounts pursuant to §
47-18-5532(f)
, an application for registration as a provider must be accompanied by:
(1)
The fee established by the administrator;
(2)
The bond required by §
47-18-5513
;
(3)
Identification of all trust accounts required by §
47-18-5522
and an irrevocable consent authorizing the administrator to review and examine the trust accounts;
(4)
Evidence of insurance in the amount of two hundred fifty thousand dollars ($250,000):
(A)
Against the risks of dishonesty, fraud, theft and other misconduct on the part of the applicant or a director, employee or agent of the applicant;
(B)
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;
(C)
With a deductible not exceeding five thousand dollars ($5,000);
(D)
Payable for the benefit of the applicant, this state and individuals who are residents of this state, as their interests may appear; and
(E)
Not subject to cancellation by the applicant or the insurer until sixty (60) days after written notice has been given to the administrator;
(5)
A record consenting to the jurisdiction of this state containing:
(A)
The name, business address and other contact information of its registered agent in this state for purposes of service of process; or
(B)
The appointment of the administrator as agent of the provider for purposes of service of process; and
(6)
If the applicant is exempt from taxation under the Internal Revenue Code,
26 U.S.C. § 501
, evidence of that status.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5507 - Obligation to update information in application for registration

An applicant or registered provider shall notify the administrator within ten (10) days after a change in the information specified in §
47-18-5505(b)(4) or (b)(6)
or §
47-18-5506(1), (3), (6), (12) or (13)
.
Acts 2009, ch. 469, § 1.
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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5508 - Public information in application for registration

Except for the information required by §
47-18-5506(7), (14), and (17)
, and the addresses required by §
47-18-5506(4)
, the administrator shall make the information in an application for registration as a provider available to the public.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5509 - Issuance or denial of certificate of registration

(a)
Except as otherwise provided in subsections (c) and (d), the administrator shall issue a certificate of registration as a provider to a person that complies with §§
47-18-5505
and
47-18-5506
.
(b)
If an applicant has otherwise complied with §§
47-18-5505
and
47-18-5506
, including a timely effort to obtain the information required by §
47-18-5506(14)
, but the information has not been received, the administrator may issue a temporary certificate of registration. The temporary certificate shall expire no later than one hundred eighty (180) days after issuance.
(c)
The administrator may deny registration if:
(1)
The application contains information that is materially erroneous or incomplete;
(2)
An officer, director, or owner of the applicant has been convicted of a crime or suffered a civil judgment involving dishonesty, or the violation of state or federal securities laws;
(3)
The applicant or any of its officers, directors, or owners has defaulted in the payment of money collected for others;
(4)
The application is not accompanied by the fee established by the administrator;
(5)
The administrator finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this part;
(6)
The applicant or any of its officers, directors, or owners has violated this part or any rule promulgated pursuant to this part; or
(7)
The applicant or any of its officers, directors, or owners has engaged in any act or violation for which the administrator could suspend or revoke a registration under this part.
(d)
The administrator shall deny registration if, with respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code,
26 U.S.C. § 501
, the applicant's board of directors is not independent of the applicant's employees and agents.
(e)
Subject to adjustment of the dollar amount pursuant to §
47-18-5532(f)
, a board of directors is not independent for purposes of subsection (d) if more than one-fourth (1/4) of its members:
(1)
Are affiliates of the applicant, as defined in §
47-18-5502(2)(A)
or §
47-18-5502(2)(B)(i), (ii), (iv), (v), (vi) or (vii)
; or
(2)
After the date ten (10) years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than twenty-five thousand dollars ($25,000) in either the current year or the preceding year.
Amended by 2015 Tenn. Acts, ch. 339, s 25, eff. 7/1/2015.
Acts 2009 , ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5510 - Timing of certificate of registration

(a)
The administrator shall approve or deny an initial registration as a provider within one hundred twenty (120) days after an application is filed. In connection with a request pursuant to §
47-18-5506(19)
for additional information, the administrator may extend the one hundred twenty-day period for not more than sixty (60) days. Within seven (7) days after denying an application, the administrator, in a record, shall inform the applicant of the reasons for the denial.
(b)
If the administrator does not act on an application within the time prescribed in subsection (a), the applicant may appeal and request a hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c)
Subject to §§
47-18-5511(d)
and
47-18-5534
, a registration as a provider is valid for one (1) year.
Amended by 2015 Tenn. Acts, ch. 339,s 26, eff. 7/1/2015.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5512 - Registration in another state

If a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, the provider may submit a copy of that license or certificate and the application for it instead of an application in the form prescribed by §
47-18-5505(a)
, §
47-18-5506
or §
47-18-5511(b)
. The administrator shall accept the application and the license or certificate from the other state as an application for registration as a provider or for renewal of registration as a provider, as appropriate, in this state if:
(1)
The application in the other state contains information substantially similar to or more comprehensive than that required in an application submitted in this state;
(2)
The applicant provides the information required by §
47-18-5506(1), (3), (10), (12) and (13)
; and
(3)
The applicant, under oath, certifies that the information contained in the application is current or, to the extent it is not current, supplements the application to make the information current.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5514 - Substitute for bond requirement

(a)
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:
(1)
A certificate of insurance:
(A)
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
(B)
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
(2)
With the approval of the administrator:
(A)
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
(B)
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.
(b)
If a provider furnishes a substitute pursuant to subsection (a), then §
47-18-5513(a), (c), (d) and (e)
apply to the substitute.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5515 - Requirement of good faith

A provider shall act in good faith in all matters under this part.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 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.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5520 - Cancellation of agreement - Waiver

(a)
An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) or §
47-18-5519
or §
47-18-5528
, in which event the individual may cancel the agreement within thirty (30) days after the individual assents to it. To exercise the right to cancel, the individual must give notice in a record to the provider. Notice by mail is given when mailed.
(b)
An agreement must be accompanied by a form that contains in boldface type, surrounded by bold black lines:
Notice of Right to Cancel
You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it.
To cancel this agreement during this period, send an e-mail to ______________
E-mail address of provider
or mail or deliver a signed, dated copy of this notice, or any other written notice
to ____________________ at ______________
Name of provider Address of provider
before midnight on ______________. If you cancel this agreement within the
Date
three-day period, we will refund all money you already have paid us.
You also may terminate this agreement at any later time, but we may not be required to refund fees you have paid us.
I cancel this agreement,
____________________
Print your name
____________________
Signature
____________________
Date
(c)
If a personal financial emergency necessitates the disbursement of an individual's money to one (1) or more of the individual's creditors before the expiration of three (3) days after an agreement is signed, an individual may waive the right to cancel. To waive the right, the individual must send or deliver a signed, dated statement in the individual's own words describing the circumstances that necessitate a waiver. The waiver must explicitly waive the right to cancel. A waiver by means of a standard-form record is void.
Acts 2009 , ch. 469, § 1.
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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 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.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 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
.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5525 - Voidable agreements

(a)
If a provider imposes a fee or other charge or receives money or other payments not authorized by §
47-18-5523
or §
47-18-5524
, the individual may void the agreement and recover as provided in §
47-18-5535
.
(b)
If a provider is not registered as required by this part when an individual assents to an agreement, the agreement is voidable by the individual.
(c)
If an individual voids an agreement under subsection (b), the provider does not have a claim against the individual for breach of contract or for restitution.
Acts 2009, ch. 469, § 1.
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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5526 - Termination of agreements

(a)
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.
(b)
If a provider or an individual terminates an agreement, the provider shall immediately return to the individual:
(1)
Any money of the individual held in trust for the benefit of the individual; and
(2)
Sixty-five percent (65%) of any portion of the set-up fee received pursuant to [former] §
47-18-5523(d)(2)
[repealed] that has not been credited against settlement fees.
Acts 2009 , ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5527 - Periodic reports and retention of records

(a)
A provider shall provide the accounting required by subsection (b):
(1)
Upon cancellation or termination of an agreement; and
(2)
Before cancellation or termination of any agreement:
(A)
At least once each month; and
(B)
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.
(b)
A provider, in a record, shall provide each individual for whom it has established a plan an accounting of the following information:
(1)
The amount of money received from the individual since the last report;
(2)
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;
(3)
The amounts deducted from the amount received from the individual;
(4)
The amount held in reserve; and
(5)
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:
(A)
The total amount and terms of the settlement;
(B)
The amount of the debt when the individual assented to the plan;
(C)
The amount of the debt when the creditor agreed to the settlement; and
(D)
The calculation of a settlement fee.
(c)
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.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 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.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5530 - Advertising

(a)
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.
(b)
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)
.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 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.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5533 - Administrative remedies

(a)
The administrator may enforce this part and rules adopted under this part by taking one (1) or more of the following actions:
(1)
Ordering a provider or a director, employee or other agent of a provider to cease and desist from any violations;
(2)
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;
(3)
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;
(4)
Prosecuting a civil action to:
(A)
Enforce an order;
(B)
Obtain restitution or an injunction or other equitable relief, or both; or
(5)
Intervening in an action brought under §
47-18-5535
.
(b)
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.
(c)
The administrator may maintain an action to enforce this part in any county.
(d)
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.
(e)
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.
Amended by 2015 Tenn. Acts, ch. 339,s 28, eff. 7/1/2015.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5534 - Suspension, revocation or nonrenewal of registration

(a)
In this section, "insolvent" means:
(1)
Having generally ceased to pay debts in the ordinary course of business other than as a result of good faith dispute;
(2)
Being unable to pay debts as they become due; or
(3)
Being insolvent within the meaning of the federal bankruptcy law,
11 U.S.C. § 101
et seq.
(b)
The administrator may suspend, revoke or deny renewal of a provider's registration if:
(1)
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;
(2)
The provider has committed a material violation of this part or a rule or order of the administrator under this part;
(3)
The provider is insolvent;
(4)
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
(5)
The provider has not responded within a reasonable time and in an appropriate manner to communications from the administrator.
(c)
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.
(d)
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.
(e)
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.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5535 - Private enforcement

(a)
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).
(b)
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).
(c)
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:
(1)
Compensatory damages for injury, including noneconomic injury, caused by the violation;
(2)
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);
(3)
Punitive damages; and
(4)
Reasonable attorney's fees and costs.
(d)
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.
(e)
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.
(f)
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.
(g)
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
.
Acts 2009, ch. 469, § 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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 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.
Acts 2009, ch. 469, § 1.