reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 14 - INTEREST RATES GENERALLY (§§ 47-14-101 — 47-14-125) › Part 1 - GENERAL PROVISIONS (§§ 47-14-101 — 47-14-125) › Section 47-14-120 - Time-price differential

(a)
The charging of a time-price differential shall not be deemed to bring a transaction within any regulation of interest, loans or loan charges, commitment fees, or brokerage commissions, regardless of whether the seller disposes of the contract containing the time-price differential pursuant to a prearranged agreement, on a recourse or nonrecourse basis, or otherwise.
(b)
It shall be permitted to include in a motor vehicle retail installment contract containing the time price differential any amounts actually paid, or to be paid, by a seller pursuant to an agreement with a buyer to discharge a security interest, lien or lease interest on property traded in by a buyer. It shall also be permitted for any lessor of a motor vehicle to include in a lease the outstanding balance of a prior loan or lease of a motor vehicle used as a trade-in, as well as other items that are capitalized or amortized during the lease term without any regulation of interest, loans or loan charges, commitment fees or brokerage commissions, regardless of whether the lessor disposes of the lease containing the payoff balance pursuant to a prearranged agreement, on a recourse basis, or otherwise.
Acts 1979, ch. 203, § 19; 1999, ch. 40, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 14 - INTEREST RATES GENERALLY (§§ 47-14-101 — 47-14-125) › Part 1 - GENERAL PROVISIONS (§§ 47-14-101 — 47-14-125) › Section 47-14-121 - Interest on judgments - Rate

(a)
Except as set forth in subsection (c), the interest rate on judgments per annum in all courts, including decrees, shall:
(1)
For any judgment entered between July 1 and December 31, be equal to two percent (2%) less than the formula rate per annum published by the commissioner of financial institutions, as required by §
47-14-105
, for June of the same year; or
(2)
For any judgment entered between January 1 and June 30, be equal to two percent (2%) less than the formula rate per annum published by the commissioner of financial institutions, as required by §
47-14-105
, for December of the prior year.
(b)
To assist parties and the courts in determining and applying the interest rate on judgments set forth in subsection (a) for the six-month period in which a judgment is entered, before or at the beginning of each six-month period the administrative office of the courts:
(1)
Shall calculate the interest rate on judgments that applies for the new six-month period pursuant to subsection (a);
(2)
Shall publish that rate on the administrative office of the courts' web site; and
(3)
Shall maintain and publish on that web site the judgment interest rates for each prior six-month period going back to the rate in effect for the six-month period beginning July 1, 2012.
(c)
Notwithstanding subsection (a) or (b), where a judgment is based on a statute, note, contract, or other writing that fixes a rate of interest within the limits provided in §
47-14-103
for particular categories of creditors, lenders or transactions, the judgment shall bear interest at the rate so fixed.
Acts 1979, ch. 203, § 20; 1981, ch. 263, § 1; 2008, ch. 655, § 1; 2012, ch. 1043, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 14 - INTEREST RATES GENERALLY (§§ 47-14-101 — 47-14-125) › Part 1 - GENERAL PROVISIONS (§§ 47-14-101 — 47-14-125) › Section 47-14-122 - Interest on judgments - Computation

Interest shall be computed on every judgment from the day on which the jury or the court, sitting without a jury, returned the verdict without regard to a motion for a new trial.
Acts 1979, ch. 203, § 21.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 14 - INTEREST RATES GENERALLY (§§ 47-14-101 — 47-14-125) › Part 1 - GENERAL PROVISIONS (§§ 47-14-101 — 47-14-125) › Section 47-14-123 - Prejudgment interest

Prejudgment interest, i.e., interest as an element of, or in the nature of, damages, as permitted by the statutory and common laws of the state as of April 1, 1979, may be awarded by courts or juries in accordance with the principles of equity at any rate not in excess of a maximum effective rate of ten percent (10%) per annum; provided, that with respect to contracts subject to §
47-14-103
, the maximum effective rates of prejudgment interest so awarded shall be the same as set by that section for the particular category of transaction involved. In addition, contracts may expressly provide for the imposition of the same or a different rate of interest to be paid after breach or default within the limits set by §
47-14-103
.
Acts 1979, ch. 203, § 22.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 14 - INTEREST RATES GENERALLY (§§ 47-14-101 — 47-14-125) › Part 1 - GENERAL PROVISIONS (§§ 47-14-101 — 47-14-125) › Section 47-14-124 - Rates fixed by other statutes

Where any existing statute of this state fixes a rate of interest, but does not do so in terms of a maximum effective rate, the rate so fixed shall be the maximum effective rate for obligations covered thereby.
Acts 1979, ch. 203, § 23.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 14 - INTEREST RATES GENERALLY (§§ 47-14-101 — 47-14-125) › Part 1 - GENERAL PROVISIONS (§§ 47-14-101 — 47-14-125) › Section 47-14-125 - Compliance with federal Consumer Credit Protection Act

(a)
Compliance with the requirements of the Consumer Credit Protection Act, being Public Law 90-321; 82 Stat. 146 et seq., commonly referred to as the federal Truth in Lending Act, shall be deemed compliance with any requirements of the statutes of Tennessee relating to the disclosure of information in connection with credit transactions.
(b)
A credit transaction which is deemed in compliance with the statutes of Tennessee pursuant to subsection (a) shall also be deemed to be a credit transaction which is specifically authorized under the laws of this state and the United States for purposes of application of §
47-18-111(a)(1)
to any action brought under the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title, with respect to disclosure or lack of disclosure of information in connection with such credit transaction.
Acts 1969, ch. 235, § 1; T.C.A. §
47-14-119
; Acts 2001, ch. 162, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 15 - INTEREST ON HOME LOANS (§§ 47-15-101 — 47-15-116) › Section 47-15-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Home loan" means a loan which is:
(A)
Secured by real estate owned and occupied by the borrower for family residential purposes and which may include not more than three (3) additional residential units; and
(B)
Amortized over a period greater than one hundred eighty-one (181) months; and
(2)
Other terms used in this chapter, but not defined in this chapter, have the same meaning given to them by §
47-14-102
.
Acts 1979, ch. 208, § 1; T.C.A., § 47-14-201.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 15 - INTEREST ON HOME LOANS (§§ 47-15-101 — 47-15-116) › Section 47-15-102 - Maximum rates

(a)
The maximum effective rate of interest per annum for home loans is hereby set at an amount equal to two (2) percentage points above the most recent weighted average yield of the accepted offers of the Federal National Mortgage Association's current free market system auction for commitments to purchase conventional home mortgages (FNMA Auction) as determined pursuant to §
47-15-103
.
(b)
In the event the Federal National Mortgage Association discontinues the conduct of the auction, the maximum effective rate of interest per annum for home loans shall be set at an amount equal to four (4) percentage points above the index of market yields of long term government bonds adjusted to a thirty (30) year maturity by the department of the treasury.
(c)
The maximum effective rate of interest per annum for home loans shall not, in any event, exceed eighteen percent (18%) per annum.
Acts 1979, ch. 208, § 2; T.C.A., § 47-14-202; Acts 1987, ch. 291, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 15 - INTEREST ON HOME LOANS (§§ 47-15-101 — 47-15-116) › Section 47-15-103 - Determination and publication of rates - Reliance thereon

(a)
(1)
The rate set in §
47-15-102
shall be determined by the commissioner of financial institutions on or before the twentieth day of each month and shall be in effect during the following calendar month.
(2)
The commissioner, upon making such determination, shall promptly make an official announcement of such rate and shall publish such announcement in such manner as the commissioner may deem appropriate, thereafter causing the same to be published in the Tennessee Administrative Register.
(3)
Such rate shall remain in effect until the next official announcement and publication.
(b)
The determination by the commissioner as provided herein shall not be deemed a "rule" within the meaning of §
4-5-102
, and such action of the commissioner shall be exempt from the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
In contracting for interest pursuant to §
47-15-102
, any person shall be entitled to rely upon the formula rate thus announced or published by the commissioner.
Acts 1979, ch. 208, § 3; T.C.A., § 47-14-203; Acts 1987, ch. 291, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 15 - INTEREST ON HOME LOANS (§§ 47-15-101 — 47-15-116) › Section 47-15-104 - Contract provisions

(a)
Home loan contracts to which this chapter applies may provide for the payment of a fixed rate of interest, a variable rate of interest, or any combination of fixed and variable rates in any sequence, subject to subsection (b).
(b)
(1)
A contract may provide for a fixed rate of interest:
(A)
Permissible at the time the contract to make the loan is executed;
(B)
Permissible at the time the loan is made;
(C)
Permissible at the time the interest rate on the loan is converted from a variable to a fixed rate, or from one fixed rate to another fixed rate, whether such conversion is by terms of the contract or by renewal, modification, extension or otherwise;
(D)
Permissible at the time of any renewal or extension of the loan or any note evidencing the loan; or
(E)
Permissible by virtue of any combination of any of the foregoing.
(2)
A contract may provide for a rate of interest that may vary from time to time at such regular or irregular intervals as may be agreed by the parties; provided, that such variable rate shall not exceed the greater of:
(A)
That authorized by statute at the agreed time of each variance; or
(B)
That authorized at the time of execution of the contract or note evidencing the indebtedness upon which such variable rate is or is to be charged.
(3)
The parties may agree to a minimum fixed rate of interest to be applicable to a rate which is or may become otherwise variable; provided, that such agreed minimum fixed rate of interest does not exceed the rate permitted at the time the contract to make the loan is executed, or at the time the note is executed, or at the time of any renewal or extension thereof, whichever is greater.
Acts 1979, ch. 208, § 5; T.C.A., § 47-14-204; Acts 1992, ch. 629, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 16 - TENNESSEE LITIGATION FINANCING CONSUMER PROTECTION ACT (§§ 47-16-101 — 47-16-110) › Section 47-16-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Litigation Financing Consumer Protection Act."
Acts 2014, ch. 819, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 16 - TENNESSEE LITIGATION FINANCING CONSUMER PROTECTION ACT (§§ 47-16-101 — 47-16-110) › Section 47-16-102 - Chapter definitions

As used in this chapter:
(1)
"Consumer" means any natural person who resides, is present or is domiciled in this state, or who is or may become a plaintiff or complainant in a dispute in this state;
(2)
"Litigation financier" means a person, entity or partnership engaged in the business of litigation financing; and
(3)
"Litigation financing" or "litigation financing transaction":
(A)
Means a non-recourse transaction in which financing is provided to a consumer in return for a consumer assigning to the litigation financier a contingent right to receive an amount of the potential proceeds of the consumer's judgment, award, settlement or verdict obtained with respect to the consumer's legal claim; and
(B)
Does not include:
(i)
Legal services provided on a contingency fee basis, or advanced legal costs, where such services or costs are provided to or on behalf of a consumer by an attorney representing the consumer in the dispute and in accordance with the Tennessee Rules of Professional Conduct;
(ii)
A commercial tort claim as defined by §
47-9-102
; or
(iii)
A claim under the Workers' Compensation Law, compiled in title 50, chapter 6.
Acts 2014, ch. 819, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 16 - TENNESSEE LITIGATION FINANCING CONSUMER PROTECTION ACT (§§ 47-16-101 — 47-16-110) › Section 47-16-104 - Requirements for litigation financing transactions

A litigation financier shall fulfill each of the following requirements when engaged in litigation financing:
(1)
The terms of the litigation financing transaction shall be set forth in a written contract that is completely filled-in with no incomplete sections when the contract is offered or presented to the consumer;
(2)
The litigation financing contract shall contain a right of rescission, allowing the consumer to cancel the litigation financing contract without penalty or further obligation if, within five (5) business days following the consumer's receipt of the funds or goods, or execution of the litigation financing contract, whichever is later, the consumer gives notice of the rescission and returns any money or goods already provided to the consumer by the litigation financier;
(3)
The litigation financing contract shall contain a written acknowledgment by the consumer of whether the consumer is represented by an attorney in the dispute;
(4)
If the consumer acknowledges that the consumer is represented by an attorney in the dispute, the litigation financing contract shall include a written acknowledgment executed by the consumer's attorney in the dispute in which the attorney acknowledges all of the following:
(A)
The attorney has had the opportunity to review the litigation financing contract on behalf of the consumer;
(B)
Whether the attorney is being paid on a contingency basis pursuant to a written fee agreement;
(C)
That all proceeds of the legal claim shall be disbursed by either the trust account of the attorney representing the consumer in the dispute or a settlement fund established to receive the proceeds of the dispute from the defendant on behalf of the consumer;
(D)
The attorney is representing the consumer with regard to the dispute that is the subject of the litigation financing contract; and
(E)
The attorney has neither received nor paid a referral fee or any other consideration from or to the litigation financier, nor will the attorney in the future; and
(5)
In the event that proceeds are paid into a settlement fund or trust, the litigation financier shall notify the administrator of the fund or trust of any outstanding liens arising from the litigation financing contract.
Acts 2014, ch. 819, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 16 - TENNESSEE LITIGATION FINANCING CONSUMER PROTECTION ACT (§§ 47-16-101 — 47-16-110) › Section 47-16-105 - Prohibited activities

A litigation financier shall not:
(1)
Pay or offer to pay commissions, referral fees or other forms of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees for referring a consumer to a litigation financier;
(2)
Accept any commissions, referral fees, rebates or other forms of consideration from an attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees;
(3)
Advertise false or misleading information regarding its products or services;
(4)
Refer a consumer or potential consumer to a specific attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees; provided, that if a consumer does not have legal representation, the provider shall refer the consumer to a local or state bar referral service operated by a bar association or a nonprofit organization;
(5)
Fail to promptly supply copies of any and all complete litigation financing contracts to the consumer and the attorney representing the consumer in the dispute;
(6)
Attempt to obtain a waiver of any remedy, including but not limited to, compensatory, statutory, or punitive damages, that the consumer might otherwise have;
(7)
Attempt to effect mandatory arbitration or otherwise effect waiver of a consumer's right to a trial by jury;
(8)
Offer or provide legal advice to the consumer regarding the litigation financing or the underlying dispute; or
(9)
Assign, which includes securitizing, a litigation financing contract, in whole or in part, to a third party; however:
(A)
This subdivision (9) does not prevent a litigation financier that retains responsibility for collecting payment, administering, or otherwise enforcing the litigation financing contract from making an assignment that is:
(i)
To a wholly owned subsidiary of the litigation financier;
(ii)
To an affiliate of the litigation financier that is under common control with the litigation financier; or
(iii)
A grant of a security interest that is pursuant to title 47, chapter 9 or is otherwise permitted by law; and
(B)
If an assignment is authorized and made pursuant to this subdivision (9), for purposes of this section, "litigation financier" includes a successor-in-interest to a litigation financing contract.
Amended by 2017 Tenn. Acts, ch. 212,s 1, eff. 7/1/2017.
Acts 2014, ch. 819, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 16 - TENNESSEE LITIGATION FINANCING CONSUMER PROTECTION ACT (§§ 47-16-101 — 47-16-110) › Section 47-16-107 - Violation of chapter renders contract unenforceable

Any violation of this chapter shall make the litigation financing contract unenforceable by the litigation financier, the consumer or any successor-in-interest to the litigation financing contract.
Acts 2014 , ch. 819, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 16 - TENNESSEE LITIGATION FINANCING CONSUMER PROTECTION ACT (§§ 47-16-101 — 47-16-110) › Section 47-16-108 - Violation of part constitutes unfair or deceptive practice for purposes of Consumer Protection Act - Enforcement by attorney general and reporter

(a)
Any violation of this chapter shall constitute a violation of the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title, and shall be enforced solely by the attorney general and reporter at the attorney general's discretion.
(b)
For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this chapter shall be construed to be an unfair or deceptive act or practice affecting the conduct, trade or commerce and subject to all sanctions, penalties and remedies provided in that act, including attorneys' fees and costs.
(c)
Nothing in this chapter shall be construed to limit the exercise of powers or the performance of the duties of the attorney general and reporter, including those provided by the Tennessee Consumer Protection Act of 1977, which the attorney general and reporter is otherwise authorized or required to exercise or perform by law.
Acts 2014, ch. 819, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 16 - TENNESSEE LITIGATION FINANCING CONSUMER PROTECTION ACT (§§ 47-16-101 — 47-16-110) › Section 47-16-109 - Contingent right to proceeds from legal claim assignable - Priority of liens or rights in proceeds

(a)
The contingent right to receive an amount of the potential proceeds of a legal claim may be assigned by a consumer and that assignment is valid for the purposes of obtaining litigation financing from a litigation financier.
(b)
The lien of a litigation financier on a consumer's legal claim has priority over liens that attach and take effect subsequent to the attachment of the litigation financier's lien to the consumer's legal claim, except for the following:
(1)
Attorney liens, insurance carrier liens, medical provider liens, or liens based upon subrogation interests or rights of reimbursement related to the consumer's legal claim; and
(2)
Child support, Medicare, tax, or any other statutory or governmental lien.
Amended by 2017 Tenn. Acts, ch. 212,s 2, eff. 7/1/2017.
Acts 2014, ch. 819, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 16 - TENNESSEE LITIGATION FINANCING CONSUMER PROTECTION ACT (§§ 47-16-101 — 47-16-110) › Section 47-16-110 - Annual fee - Limitation on term of transaction - Obligations from one transaction not to be included in subsequent transaction

(a)
All consumers entering into litigation financing transactions shall pay the litigation financier an annual fee of not more than ten percent (10%) of the original amount of money provided to the consumer for the litigation financing transaction.
(b)
Litigation financiers shall not charge a consumer the annual fee authorized by subsection (a) more than one (1) time each year with regard to any single legal claim regardless of the number of litigation financing transactions that the litigation financier enters into with the consumer with respect to such legal claim.
(c)
Litigation financing transactions shall not exceed a term of three (3) years and are limited to a maximum yearly fee, which shall be calculated to include any underwriting and organization fees, and any other charges, fees, or consideration, not to exceed three hundred sixty dollars ($360) per year, up to a maximum of three (3) years, for each one thousand dollars ($1,000) of the unpaid principal amount of the funds advanced to the consumer. The maximum yearly fee shall not include the annual fee pursuant to subsection (a).
(d)
Litigation financiers shall not enter into an agreement with a consumer that has the effect of incorporating the consumer's obligations to the litigation financier that are contained in the original litigation financing transaction into a subsequent litigation financing transaction.
Acts 2014, ch. 819, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 17 - TENNESSEE OPIOID ABATEMENT ACT (§§ 47-17-101 — 47-17-105) › Section 47-17-101 - Short title

This chapter is known and may be cited as the "Tennessee Opioid Abatement Act."
Added by 2021 Tenn. Acts, ch. 491, s 11, eff. 5/24/2021.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 17 - TENNESSEE OPIOID ABATEMENT ACT (§§ 47-17-101 — 47-17-105) › Section 47-17-102 - Legislative findings and declarations

The general assembly finds and declares the following:
(1)
The opioid crisis presents serious health and safety concerns throughout the state and is a threat to the general welfare of the people of this state;
(2)
The provision of care, rehabilitation, and treatment for opioid abuse and dependency creates a substantial drain on governmental resources;
(3)
It is the intention of the general assembly to facilitate statewide opioid settlement agreements that provide a coordinated resolution of state and local governmental claims against entities involved in the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, in order to generate funds for opioid abatement programs and remediation; and
(4)
A statewide coordinated resolution of state and local claims against entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, is critical to resolving current litigation and other claims regarding the opioid crisis and maximizing the financial commitment of those entities.
Added by 2021 Tenn. Acts, ch. 491,s 12, eff. 5/24/2021.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 17 - TENNESSEE OPIOID ABATEMENT ACT (§§ 47-17-101 — 47-17-105) › Section 47-17-103 - Chapter definitions

As used in this chapter, unless the context requires otherwise:
(1)
"Declaration of a statewide opioid settlement agreement release" means a written release approved by the attorney general and reporter for a statewide opioid settlement agreement, which must include or reference the approval of the governor and comptroller of the treasury;
(2)
"District" means the governmental districts in the state, including, but not limited to, school districts, judicial districts, hospital districts, health districts, utility districts, fire districts, development districts, special districts, and other public districts;
(3)
"Governmental entity" means:
(A)
The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities;
(B)
Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and
(C)
Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity;
(4)
"Released claims" means the causes of action and other claims that are released in a statewide opioid settlement agreement or as set forth in a declaration of such an agreement by the attorney general and reporter, including matters identified as released claims as that term or a comparable term is defined in a statewide opioid settlement agreement;
(5)
"Released entities" means the entities released in a statewide opioid settlement agreement and pursuant to a declaration of a statewide settlement agreement by the attorney general and reporter, including those identified as released entities as that term or a comparable term is defined in a statewide opioid settlement agreement;
(6)
"State-subdivision opioid abatement agreement" means an agreement entered into by the state and one (1) or more subdivisions of the state that addresses the allocation of funds dedicated to opioid abatement; and
(7)
"Statewide opioid settlement agreement" means a settlement agreement entered into by the state and one (1) or more entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids in which subdivision claims are addressed.
Added by 2021 Tenn. Acts, ch. 491, s 13, eff. 5/24/2021.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 17 - TENNESSEE OPIOID ABATEMENT ACT (§§ 47-17-101 — 47-17-105) › Section 47-17-104 - Distribution of funds - Keeping of settlement agreements on website of attorney general and reporter

The funds obtained pursuant to a statewide opioid settlement agreement must be distributed pursuant to the agreement and any relevant provisions of a state-subdivision opioid abatement agreement. Copies of statewide opioid settlement agreements, including any amendments to such agreements, must be kept on the website of the attorney general and reporter.
Added by 2021 Tenn. Acts, ch. 491,s 14, eff. 5/24/2021.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 17 - TENNESSEE OPIOID ABATEMENT ACT (§§ 47-17-101 — 47-17-105) › Section 47-17-105 - Effect of issuance of settlement agreement release

Upon the issuance of a declaration of a statewide opioid settlement agreement release by the attorney general and reporter pursuant to §
20-13-203
, a governmental entity shall not have the authority to assert, bring, or attempt to enforce a released claim against a released entity in any legal proceeding. Any pending or future litigation brought by a governmental entity asserting released claims against released entities shall be dismissed with prejudice. Copies of declarations of a statewide opioid settlement agreement release must be kept on the website of the attorney general.
Added by 2021 Tenn. Acts, ch. 491, s 15, eff. 5/24/2021.
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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-101 - Short title

This part shall be known and may be cited as the "Tennessee Consumer Protection Act of 1977."
Acts 1977, ch. 438, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-102 - Purposes

This part shall be liberally construed to promote the following policies:
(1)
To simplify, clarify, and modernize state law governing the protection of the consuming public and to conform these laws with existing consumer protection policies;
(2)
To protect consumers and legitimate business enterprises from those who engage in unfair or deceptive acts or practices in the conduct of any trade or commerce in part or wholly within this state;
(3)
To encourage and promote the development of fair consumer practices;
(4)
To declare and to provide for civil legal means for maintaining ethical standards of dealing between persons engaged in business and the consuming public to the end that good faith dealings between buyers and sellers at all levels of commerce be had in this state; and
(5)
To promote statewide consumer education.
Acts 1977, ch. 438, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-107 - Assurance of voluntary compliance - Penalty for violation

(a)
In the administration of this part, the attorney general may negotiate and accept an assurance of voluntary compliance with respect to any act or practice considered to violate this part, from any person who allegedly is engaging in, has engaged in, or, based upon information received from another law enforcement agency, is about to engage in the act or practice. The assurance shall be in writing and shall be filed with and subject to the approval of the circuit or chancery court of Davidson County.
(b)
The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person considered to be in violation of this part restore to any person in interest any money or property, real, personal, or mixed, which may have been acquired by means of acts or practices which are considered to violate this part.
(c)
An assurance of voluntary compliance shall not be considered an admission of prior violation of this part. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of the assurance is prima facie evidence of a violation of this part.
(d)
Matters closed by the filing of an assurance of voluntary compliance may be reopened for cause by the attorney general at any time.
(e)
Assurance of voluntary compliance shall in no way affect individual rights of action which may exist independent of the recovery of money or property received pursuant to a stipulation in voluntary compliance under subsection (b).
(f)
Any knowing violation of the terms of an agreement of voluntary compliance, unless it has been rescinded by agreement of the parties or voided by a court for good cause, shall be punishable by a civil penalty of not more than one thousand dollars ($1,000), recoverable by the state for each violation, in addition to any other appropriate sanction.
Amended by 2019 Tenn. Acts, ch. 459, s 6, eff. 9/30/2019.
Acts 1977, ch. 438, § 8.
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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-110 - Limitations of actions

Any action commenced pursuant to §
47-18-109
shall be brought within one (1) year from a person's discovery of the unlawful act or practice, but in no event shall an action under §
47-18-109
be brought more than five (5) years after the date of the consumer transaction giving rise to the claim for relief.
Acts 1977, ch. 438, § 11; 1991, ch. 468, § 5; 2002, ch. 617, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-111 - Exemptions

(a)
This part does not apply to:
(1)
Acts or transactions required or specifically authorized under the laws administered by, or rules and regulations promulgated by, any regulatory bodies or officers acting under the authority of this state or of the United States;
(2)
A publisher, broadcaster, or other person principally engaged in the preparation or dissemination of information or the reproduction of printed or pictorial matter, who has prepared or disseminated such information or matter on behalf of others without notification from the attorney general that the information or matter violates or is being used as a means to violate this part;
(3)
Credit terms of a transaction which may be otherwise subject to this part, except insofar as the Tennessee Equal Consumer Credit Act of 1974, compiled in part 8 of this chapter may be applicable; or
(4)
A retailer who has in good faith engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that such claims violated this part.
(b)
The burden of proving an exemption from this part, as provided in this section, shall be upon the person claiming the exemption.
Amended by 2019 Tenn. Acts, ch. 459,s 12, eff. 9/30/2019.
Acts 1977, ch. 438, § 12; 1988, ch. 974, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-112 - Supplementary law

The powers and remedies provided in this part shall be cumulative and supplementary to all other powers and remedies otherwise provided by law. The invocation of one power or remedy herein shall not be construed as excluding or prohibiting the use of any other available remedy.
Acts 1977, ch. 438, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-113 - Waiver of rights - Restrictions on jurisdiction or venue prohibited

(a)
No provision of this part may be limited or waived by contract, agreement, or otherwise, notwithstanding any other law to the contrary; provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warranties or the exclusion or modification of such warranties.
(b)
Any provision in any agreement or stipulation, verbal or written, restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state with respect to any claim arising under or relating to the Tennessee Consumer Protection Act of 1977 and related acts set forth in this title is void as a matter of public policy. Further, no action of a consumer or other person can alter, amend, obstruct or abolish the right of the attorney general and reporter to proceed to protect the state of Tennessee and consumers or other persons within this state or from other states who are victims of illegal practices of persons located, wholly or in part, in Tennessee's borders.
(c)
(1)
No other right or benefit conferred on consumers by any other provision of this code may be waived or otherwise varied except as provided for in this section.
(2)
Any waiver of a right or benefit described in this subsection (c) must be knowingly and intelligently made.
(3)
The competence of the consumer, the consumer's actual knowledge of the rights or benefits being waived, or lack thereof, the manner in which the right or benefit was pointed out to the consumer at the time of the consumer transaction, the nature of the deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of consideration received are relevant to the issue of whether the waiver was knowingly and intelligently made.
(4)
If the consumer was not specifically informed of the effect of the waiver and did not specifically waive such consumer's rights or benefits at the time of the consumer transaction, the party claiming waiver shall have the burden of establishing that the waiver was knowingly and intelligently made.
Acts 1977, ch. 438, § 14; 1979, ch. 303, § 1; 1999, ch. 395, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-114 - Powers of attorney general

The attorney general may bring any appropriate action or proceeding in any court of competent jurisdiction pursuant to this part.
Amended by 2019 Tenn. Acts, ch. 459,s 13, eff. 9/30/2019.
Acts 1977, ch. 438, § 15.
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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-115 - Construction

This part, being deemed remedial legislation necessary for the protection of the consumers of the state of Tennessee and elsewhere, shall be construed to effectuate the purposes and intent. It is the intent of the general assembly that this part shall be interpreted and construed consistently with the interpretations given by the federal trade commission and the federal courts pursuant to § 5(A)(1) of the Federal Trade Commission Act, codified in
15 U.S.C. § 45(a)(1)
.
Acts 1977, ch. 438, § 16.
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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-116 - Costs

No costs shall be taxed against the attorney general in actions commenced under this part.
Amended by 2019 Tenn. Acts, ch. 459,s 14, eff. 9/30/2019.
Acts 1977, ch. 438, § 17.
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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-117 - Out-of-state liquor advertisers - Warning

(a)
Any publication of general circulation, at least twenty percent (20%) of the published copies of which are sold or distributed in the state of Tennessee, which publishes any advertisement by or on behalf of any person, firm or corporation selling or distributing alcoholic beverages at retail in a state other than Tennessee, shall publish a notice to consumers as a part of, or immediately adjacent to, each such advertisement.
(b)
The notice shall read as follows:
WARNING: The importation or transportation of alcoholic beverages into the State of Tennessee by any person not possessing a permit from the Tennessee Alcoholic Beverage Commission is a CRIMINAL OFFENSE which could be punished by FINE or IMPRISONMENT or BOTH.
(c)
The notice shall be printed in a space equal to or greater than thirty percent (30%) of the total space devoted to each such advertisement in print no smaller than the largest print type employed in such advertisement.
Acts 1981, ch. 339, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-118 - Failure to respond to request for information

Upon receipt of a written request from the attorney general, failing to submit written answers concerning the basis upon which the approximate verifiable retail value was determined pursuant to the requirements of §
47-18-120(c)(1)(D) and (E)
, including supplying the attorney general with copies of invoices, receipts, or other business records that would substantiate the disclosed retail value, shall be a violation of this part.
Amended by 2019 Tenn. Acts, ch. 459,s 15, eff. 9/30/2019.
Acts 1989, ch. 498, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-119 - New passenger motor vehicle

For the purposes of §
47-18-104(b)(6)
, any passenger motor vehicle which meets the requirements of the definition for a new passenger car in §
55-5-106(e)(5)
shall be construed to be new.
Acts 1990, ch. 798, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-121 - Unlicensed motor vehicle dealers to comply with advertising requirements

(a)
Any motor vehicle dealer not currently licensed as a motor vehicle dealer by the state of Tennessee, or any advertising cooperative composed of such unlicensed motor vehicle dealers, shall comply with all advertising requirements of title 55, chapter 17, including any regulations promulgated under that chapter. An unlicensed motor vehicle dealer shall be responsible for any advertising copy bearing its name.
(b)
A violation of this section constitutes a violation of the Consumer Protection Act of 1977, compiled in this chapter.
Acts 1993, ch. 222, § 1.
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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-122 - Applicability to violations of part 2

For the purpose of application of this part, any violation of part 2 of this chapter 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 this part.
Acts 1999, ch. 55, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-123 - Products, services or memberships purchased by negotiation of unsolicited negotiable instruments

(a)
Any person who purchases, subscribes to or receives products, services or membership in any organization by negotiating an unsolicited negotiable instrument shall have thirty (30) days from the date of the first statement or bill for such services, products, membership or subscription to:
(1)
Cancel the services if services have not been rendered;
(2)
Return the products if products are unused and in the condition received;
(3)
Cancel the subscription; or
(4)
Cancel the membership if services have not been rendered pursuant to such membership.
(b)
Subsection (a) does not apply to the execution of an unsolicited negotiable instrument that creates a loan or line of credit through a credit or lending institution with which the person has an existing relationship.
(c)
For purposes of this section, "unsolicited negotiable instrument" means an unconditional order or promise to pay a specific amount of money, signed by the maker or drawer, payable on demand or at a specific time, payable to order or to the bearer which was received by the bearer without prior notice from the maker or drawer.
(d)
A violation of this section constitutes a violation of this part. For purposes of applying this part to this section, a violation of this section shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce, subject to the penalties and remedies provided in this part.
Acts 1999, ch. 64, § 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 1 - CONSUMER PROTECTION ACT OF 1977 (§§ 47-18-101 — 47-18-135) › Section 47-18-125 - Additional penalties concerning specially targeted consumers

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