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 26 - STRUCTURED SETTLEMENT PROTECTION (§§ 47-18-2601 — 47-18-2607) › Section 47-18-2607 - Applicability

This part shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after June 23, 2000; provided, that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to June 23, 2000 is ineffective.
Acts 2000, ch. 758, § 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 27 - HEALTH-RELATED CASH DISCOUNTS (§§ 47-18-2701 — 47-18-2704) › Section 47-18-2701 - Prohibited activities

It shall be unlawful and a violation of this part for any person to sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts from health care providers in health-related purchases where:
(1)
Such card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;
(2)
Such discounts are not specifically authorized in a contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device; or
(3)
The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are misleading, deceptive or fraudulent, regardless of the literal wording used.
Acts 2001, ch. 173, § 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 27 - HEALTH-RELATED CASH DISCOUNTS (§§ 47-18-2701 — 47-18-2704) › Section 47-18-2702 - Jurisdiction

(a)
Any person subject to liability under this part shall be deemed, as a matter of law, to have purposefully availed themselves of the privileges of conducting activities within Tennessee, sufficient to subject the person to the personal jurisdiction of the circuit or chancery court hearing an action brought pursuant to this part.
(b)
An action for violation of this part may be brought:
(1)
In the county where the plaintiff resides;
(2)
In the county where the plaintiff conducts business; or
(3)
In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised or otherwise distributed.
(c)
(1)
If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this part, it shall enjoin the defendant from a continuance thereof.
(2)
In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant one hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised or otherwise distributed within Tennessee, or ten thousand dollars ($10,000), whichever is greater.
(d)
The remedies prescribed in this section are cumulative and in addition to the remedies prescribed in the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter and any other applicable criminal, civil or administrative penalties.
Acts 2001, ch. 173, § 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 27 - HEALTH-RELATED CASH DISCOUNTS (§§ 47-18-2701 — 47-18-2704) › Section 47-18-2703 - Application

Nothing in this part shall be construed to apply to:
(1)
Eye or vision care services, glasses or contact lenses provided by an optometrist or ophthalmologist; or
(2)
Discount cards provided to members of a nonprofit association as an incidental benefit to membership in the association; provided, that membership in such association entitles members to apply for insurance that is available only to members of the association.
Acts 2001, ch. 173, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 27 - HEALTH-RELATED CASH DISCOUNTS (§§ 47-18-2701 — 47-18-2704) › Section 47-18-2704 - Compliance by issuers

Any person subject to liability under this part shall be required to issue cards complying with the provisions of this section on July 1, 2001, or upon the issuance of a renewed card before July 1, 2002, whichever is later.
Acts 2001, ch. 173, § 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 28 - PRICE-GOUGING OF VACCINES AND INOCULATIONS DURING MEDICAL EMERGENCIES (§§ 47-18-2801 — 47-18-2805) › Section 47-18-2801 - Public policy

Price gouging of vaccines and inoculations during a medical emergency is contrary to the public policy of the state of Tennessee.
Acts 2005, ch. 164, § 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 28 - PRICE-GOUGING OF VACCINES AND INOCULATIONS DURING MEDICAL EMERGENCIES (§§ 47-18-2801 — 47-18-2805) › Section 47-18-2802 - Prohibited acts during medical emergency - Defenses

(a)
Upon the proclamation of a medical emergency by the commissioner of health and continuing until such emergency is terminated, it is unlawful, for any person, including, but not limited to, a distributor, supplier, hospital, clinic, pharmacy or other health care provider, to charge any other person a price for a vaccine or inoculation that is grossly in excess of the price generally charged for the same or similar vaccine or inoculation in the usual course of business in the year prior to the year of the proclaimed medical emergency.
(b)
It is an affirmative defense to prosecution under this part, which must be proven by a preponderance of the evidence, that such price increase was directly attributable to:
(1)
Additional costs for labor or materials used to produce or provide the vaccine or inoculation; or
(2)
Additional costs imposed on a hospital, clinic, pharmacy or other health care provider by a manufacturer, distributor or supplier of the vaccine.
(c)
A medical emergency shall be terminated by proclamation of the commissioner of health when, in the discretion of the commissioner, the medical emergency has ended.
Acts 2005, ch. 164, § 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 28 - PRICE-GOUGING OF VACCINES AND INOCULATIONS DURING MEDICAL EMERGENCIES (§§ 47-18-2801 — 47-18-2805) › Section 47-18-2803 - Violations

A violation of this part, or any rules and regulations promulgated under this part, constitutes an unfair or deceptive act or practice under §
47-18-104(a)
. A civil action for violation of this part may be brought under part 1 of this chapter.
Acts 2005, ch. 164, § 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 28 - PRICE-GOUGING OF VACCINES AND INOCULATIONS DURING MEDICAL EMERGENCIES (§§ 47-18-2801 — 47-18-2805) › Section 47-18-2804 - Provisions of part supplemental

This part is intended to be in addition to and supplemental to part 51 of this chapter.
Acts 2005, ch. 164, § 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 28 - PRICE-GOUGING OF VACCINES AND INOCULATIONS DURING MEDICAL EMERGENCIES (§§ 47-18-2801 — 47-18-2805) › Section 47-18-2805 - Rules and regulations

The commissioner of health is authorized to promulgate rules and regulations to effectuate this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2005, ch. 164, § 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 29 - PROTECTION OF CONFIDENTIAL INFORMATION (§ 47-18-2901) › Section 47-18-2901 - Safeguards and procedures for ensuring that confidential information protected on laptop computers and other removable storage devices - Claim for damages

(a)
Each state agency shall create safeguards and procedures for ensuring that confidential information regarding citizens is securely protected on all laptop computers and other removable storage devices used by the state agency.
(b)
All municipalities and counties shall create safeguards and procedures for ensuring that confidential information regarding citizens is securely protected on all laptop computers and other removable storage devices used by the municipality or county.
(c)
Notwithstanding any other law to the contrary, failure to comply with this section shall create a cause of action or claim for damages against the state, municipality, or county if a citizen of this state proves by clear and convincing evidence that the citizen was a victim of identity theft due to a failure to provide safeguards and procedures regarding that citizen's confidential information.
Acts 2008, ch. 688, § 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 30 - PROTECTED HEALTH INFORMATION (§§ 47-18-3001 — 47-18-3006) › Section 47-18-3001 - Part definitions

As used in this part:
(1)
"Legal advertisement" means a solicitation of legal services through television; radio; internet, including a domain name; newspaper or other periodical; outdoor display; or other written, electronic, or recorded communication;
(2)
"Person" means an individual or legal entity that advertises legal services or that identifies potential clients for attorneys or law firms;
(3)
"Protected health information" has the meaning given that term in
45 C.F.R. § 160.103
; and
(4)
"Solicit" means offering to provide legal services by print; video or audio recording; or electronic communication or by personal, telephone, or real-time electronic contact.
Acts 2019, ch. 119, § 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 30 - PROTECTED HEALTH INFORMATION (§§ 47-18-3001 — 47-18-3006) › Section 47-18-3002 - Prohibitions on legal advertisement

(a)
A person shall not do any of the following in a legal advertisement:
(1)
Fail to disclose at the beginning of any recorded advertisement or display in a conspicuous location on any printed or electronic written legal advertisement that the legal advertisement is a paid advertisement for legal services;
(2)
Present a legal advertisement as a "medical alert," "health alert," "consumer alert," "public service announcement," or other similar language;
(3)
Display the logo of a federal or state government agency in a manner that suggests an affiliation with or the sponsorship by that agency;
(4)
Use the word "recall" to refer to a product that has not been recalled by a government agency or through an agreement between a manufacturer and government agency;
(5)
Fail to identify the person responsible for the legal advertisement; or
(6)
Fail to identify the attorney or law firm that will represent clients, or to disclose that cases may be referred to another attorney or law firm to represent clients if the sponsor of the legal advertisement does not represent persons responding to the legal advertisement.
(b)
A person shall not use a legal advertisement to solicit clients who may allege an injury from a prescription drug or medical device approved, cleared, or the subject of a drug monograph authorized by the United States food and drug administration unless the legal advertisement also includes the information required in this section.
(c)
A legal advertisement soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a drug monograph authorized by the United States food and drug administration must:
(1)
Include the following warning: "Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death."; and
(2)
Disclose that the drug or medical device remains approved by the United States food and drug administration, unless the product has been recalled by a government agency or through an agreement between a manufacturer and government agency.
Acts 2019, ch. 119, § 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 30 - PROTECTED HEALTH INFORMATION (§§ 47-18-3001 — 47-18-3006) › Section 47-18-3003 - Prohibited uses of protected health information for purpose of soliciting individual for legal services

(a)
A person shall not use, cause to be used, obtain, sell, transfer, or disclose protected health information to another person for the purpose of soliciting an individual for legal services without written authorization from the individual who is the subject of the information.
(b)
In addition to any other remedy provided by law:
(1)
A person who willfully and knowingly uses, causes to be used, obtains, sells, transfers, or discloses protected health information in violation of this section commits a Class A misdemeanor, punishable by a fine of one thousand dollars ($1,000), imprisonment, or both; and
(2)
A person who violates this section with the intent to use, cause to be used, obtain, sell, transfer, or disclose protected health information for the purpose of financial gain commits a Class C felony, punishable by a fine not to exceed two hundred fifty thousand dollars ($250,000), imprisonment of not less than three (3) years nor more than ten (10) years, or both.
(c)
This section does not apply to the use or disclosure of protected health information to an individual's legal representative in the course of any judicial or administrative proceeding, or as otherwise permitted or required by law.
Acts 2019, ch. 119, § 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 30 - PROTECTED HEALTH INFORMATION (§§ 47-18-3001 — 47-18-3006) › Section 47-18-3004 - Requirements for words and statements and disclosures

(a)
Any words or statements required by this section to appear in a legal advertisement must be presented clearly and conspicuously.
(b)
Written disclosures must be clearly legible and, if televised or displayed electronically, displayed for a sufficient time to enable a viewer to easily see and fully read the disclosure.
(c)
Spoken disclosures must be plainly audible and clearly intelligible.
Acts 2019, ch. 119, § 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 30 - PROTECTED HEALTH INFORMATION (§§ 47-18-3001 — 47-18-3006) › Section 47-18-3005 - Violations - Investigative and enforcement authority

(a)
A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. Any violation of this part constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to the penalties and remedies in this part.
(b)
The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of this part. The attorney general and reporter may institute any proceedings involving alleged violations of this part in Davidson County circuit or chancery court or any other venue otherwise permitted by law.
(c)
Costs of any kind or nature cannot be taxed against the attorney general and reporter or the state in actions commenced under this part.
Acts 2019, ch. 119, § 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 30 - PROTECTED HEALTH INFORMATION (§§ 47-18-3001 — 47-18-3006) › Section 47-18-3006 - Effect of part

Nothing in this part:
(1)
Limits or otherwise affects the authority of the Tennessee Supreme Court to regulate the practice of law, enforce the Rules of Professional Conduct, or discipline persons admitted to the bar; or
(2)
Creates or implies liability on behalf of a broadcaster who holds a license for over-the-air terrestrial broadcasting from the federal communications commission, or against a cable operator as defined in
47 U.S.C. § 522(5)
.
Acts 2019, ch. 119, § 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 31 - FARM MACHINERY (§§ 47-18-3101 — 47-18-3104) › Section 47-18-3102 - Replacement or refund by manufacturer of farm machinery

(a)
At the consumer's discretion, a manufacturer shall replace farm machinery with comparable farm machinery or accept return of the farm machinery from a consumer and refund to the consumer the full purchase price and related repair costs specific to the machinery, less a reasonable allowance for use and a reasonable offset for physical damage to the farm machinery caused by the consumer, if:
(1)
The consumer provides written notice by certified mail to the manufacturer, distributor, or authorized dealer that a piece of farm machinery does not conform to an applicable express warranty or manufacturer's warranty during the quality assurance period;
(2)
The nonconformity substantially impairs the use of the farm machinery; and
(3)
The manufacturer, its agent, the distributor, or the authorized dealer cannot conform the farm machinery to an applicable express warranty or manufacturer's warranty after a reasonable number of repair attempts.
(b)
The consumer shall furnish possession of the nonconforming farm machinery to the manufacturer, distributor, or authorized dealer at the time of a refund or replacement. If a refund is made, then the refund must be made to the consumer, and lien holder or holder of a security interest, if any, as their interest may appear. If a replacement is made, then a consumer, lien holder, or lessor shall furnish clear title to, and possession of, the farm machinery to the manufacturer, distributor, or authorized dealer.
Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
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 31 - FARM MACHINERY (§§ 47-18-3101 — 47-18-3104) › Section 47-18-3103 - Affirmative defense

It is an affirmative defense to a claim under this part that:
(1)
A defect or condition does not substantially impair the use, value, or safety of the farm machinery;
(2)
A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification of the farm machinery by a person other than the manufacturer, an agent of a manufacturer, the distributor, or an authorized dealer; or
(3)
The consumer did not file a claim in good faith.
Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
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 31 - FARM MACHINERY (§§ 47-18-3101 — 47-18-3104) › Section 47-18-3104 - Civil action - Recovery of costs and expenses - Mediation

(a)
A consumer may bring a civil action to enforce this part in a court of competent jurisdiction. A consumer must bring a legal action under this section within two (2) years after the date the consumer first reports a nonconformity to a manufacturer, an agent of a manufacturer, or an authorized dealer.
(b)
This part does not limit the rights or remedies available to a consumer under any other applicable law.
(c)
If a consumer prevails in a legal proceeding under this part, then the consumer may recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney's fees, based on:
(1)
Actual time expended by an attorney; and
(2)
Charges reasonably incurred by the consumer in connection with the commencement and prosecution of an action under this section as determined by a court.
(d)
Before filing a legal action to enforce this part in a court of competent jurisdiction, the consumer and the manufacturer, distributor, or authorized dealer may, upon mutual agreement and in good faith, attempt to resolve any issue or claim in dispute through the use of an impartial third-party mediator.
Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
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 32 - BOOTING CONSUMER PROTECTION ACT (§§ 47-18-3201 — 47-18-3205) › Section 47-18-3201 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 1017,s 3, eff. 7/1/2024.
Added by 2023 Tenn. Acts, ch. 220, s 2, eff. 7/1/2023.
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 32 - BOOTING CONSUMER PROTECTION ACT (§§ 47-18-3201 — 47-18-3205) › Section 47-18-3202 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 1017,s 3, eff. 7/1/2024.
Added by 2023 Tenn. Acts, ch. 220, s 2, eff. 7/1/2023.
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 32 - BOOTING CONSUMER PROTECTION ACT (§§ 47-18-3201 — 47-18-3205) › Section 47-18-3203 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 1017,s 3, eff. 7/1/2024.
Added by 2023 Tenn. Acts, ch. 220, s 2, eff. 7/1/2023.
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 32 - BOOTING CONSUMER PROTECTION ACT (§§ 47-18-3201 — 47-18-3205) › Section 47-18-3204 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 1017,s 3, eff. 7/1/2024.
Added by 2023 Tenn. Acts, ch. 220, s 2, eff. 7/1/2023.
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 32 - BOOTING CONSUMER PROTECTION ACT (§§ 47-18-3201 — 47-18-3205) › Section 47-18-3205 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 1017,s 3, eff. 7/1/2024.
Added by 2023 Tenn. Acts, ch. 220, s 2, eff. 7/1/2023.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3301 - [Effective 7/1/2025] Short title

This part is known and may be cited as the "Tennessee Information Protection Act."
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3303 - [Effective 7/1/2025] Scope

This part applies to persons that conduct business in this state producing products or services that target residents of this state and that:
(1)
Exceed twenty-five million dollars ($25,000,000) in revenue; and
(2)
(A)
Control or process personal information of at least twenty-five thousand (25,000) consumers and derive more than fifty percent (50%) of gross revenue from the sale of personal information; or
(B)
During a calendar year, control or process personal information of at least one hundred seventy-five thousand (175,000) consumers.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3308 - [Effective 7/1/2025] Processing de-identified data - Exemptions

(a)
The controller in possession of de-identified data shall:
(1)
Take reasonable measures to ensure that the data cannot be associated with a natural person;
(2)
Publicly commit to maintaining and using de-identified data without attempting to reidentify the data; and
(3)
Contractually obligate recipients of the de-identified data to comply with this part.
(b)
This section does not require a controller or processor to:
(1)
Reidentify de-identified data or pseudonymous data;
(2)
Maintain data in identifiable form, or collect, obtain, retain, or access data or technology, in order to be capable of associating an authenticated consumer request with personal information; or
(3)
Comply with an authenticated consumer rights request, pursuant to §
47-18-3304
, if:
(A)
The controller is not reasonably capable of associating the request with the personal information or it would be unreasonably burdensome for the controller to associate the request with the personal information;
(B)
The controller does not use the personal information to recognize or respond to the specific consumer who is the subject of the personal information, or associate the personal information with other personal information about the same specific consumer; and
(C)
The controller does not sell the personal information to a third party or otherwise voluntarily disclose the personal information to a third party other than a processor, except as otherwise permitted in this section.
(c)
The consumer rights contained in §§
47-18-3304
and
47-18-3305
do not apply to pseudonymous data in cases where the controller is able to demonstrate information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing that information.
(d)
A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address breaches of those contractual commitments.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3310 - [Effective 7/1/2025] Investigative authority

If the attorney general and reporter has reasonable cause to believe that an individual, controller, or processor has engaged in, is engaging in, or is about to engage in a violation of this part, then the attorney general and reporter may issue a civil investigative demand.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3312 - [Effective 7/1/2025] Contracts

(a)
A provision of a contract or agreement that waives or limits a consumer's rights under this part, including, but not limited to, a right to a remedy or means of enforcement, is contrary to public policy, void, and unenforceable.
(b)
This part does not prevent a consumer from declining to request information from a controller, declining to opt out of a controller's sale of the consumer's personal information, or authorizing a controller to sell the consumer's personal information after previously opting out.
(c)
This part applies to contracts entered into, amended, or renewed on or after the effective date of this act.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3313 - [Effective 7/1/2025] Enforcement - Civil penalty - Expenses

(a)
The attorney general and reporter has exclusive authority to enforce this part.
(b)
The attorney general and reporter may develop reasonable cause to believe that a controller or processor is in violation of this part, based on the attorney general and reporter's own inquiry or on consumer or public complaints. Prior to initiating an action under this part, the attorney general and reporter shall provide a controller or processor sixty-days' written notice identifying the specific provisions of this part the attorney general and reporter alleges have been or are being violated. If within the sixty-day period, the controller or processor cures the noticed violation and provides the attorney general and reporter an express written statement that the alleged violations have been cured and that no such further violations shall occur, then the attorney general and reporter shall not initiate an action against the controller or processor.
(c)
If a controller or processor continues to violate this part following the cure period in subsection (b) or breaches an express written statement provided to the attorney general and reporter under subsection (b), then the attorney general and reporter may bring an action in a court of competent jurisdiction seeking any of the following relief:
(1)
Declaratory judgment that the act or practice violates this chapter;
(2)
Injunctive relief, including preliminary and permanent injunctions, to prevent an additional violation of and compel compliance with this part;
(3)
Civil penalties, as described in subsection (d);
(4)
Reasonable attorney's fees and investigative costs; or
(5)
Other relief the court determines appropriate.
(d)
(1)
A court may impose a civil penalty of up to seven thousand five hundred dollars ($7,500) for each violation of this part.
(2)
If the court finds the controller or processor willfully or knowingly violated this part, then the court may, in its discretion, award treble damages.
(e)
A violation of this part shall not serve as the basis for, or be subject to, a private right of action, including a class action lawsuit, under this part or other law.
(f)
The attorney general and reporter may recover reasonable expenses incurred in investigating and preparing a case, including attorney fees, in an action initiated under this part.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3314 - [Effective 7/1/2025] Affirmative defense - Voluntary privacy program

(a)
A controller or processor has an affirmative defense to a cause of action for a violation of this part if the controller or processor creates, maintains, and complies with a written privacy policy that:
(1)
(A)
Reasonably conforms to the National Institute of Standards and Technology (NIST) privacy framework entitled "A Tool for Improving Privacy through Enterprise Risk Management Version 1.0." or other documented policies, standards, and procedures designed to safeguard consumer privacy; and
(B)
Is updated to reasonably conform with a subsequent revision to the NIST or comparable privacy framework within two (2) years of the publication date stated in the most recent revision to the NIST or comparable privacy framework; and
(2)
Provides a person with the substantive rights required by this part.
(b)
The scale and scope of a controller or processor's privacy program under subsection (a) is appropriate if it is based on all of the following factors:
(1)
The size and complexity of the controller or processor's business;
(2)
The nature and scope of the activities of the controller or processor;
(3)
The sensitivity of the personal information processed;
(4)
The cost and availability of tools to improve privacy protections and data governance; and
(5)
Compliance with a comparable state or federal law.
(c)
(1)
In addition to subsections (a) and (b):
(A)
A controller may be certified pursuant to the Asia Pacific Economic Cooperation's Cross Border Privacy Rules system; and
(B)
A processor may be certified pursuant to the Asia Pacific Economic Cooperation's Privacy Recognition for Processors system.
(2)
Certifications under subdivision (c)(1) may be considered in addition to the factors in subsection (b).
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3315 - [Effective 7/1/2025] Preemption of conflicting provisions

This part supersedes and preempts any conflicting provisions of any public or private act and laws, ordinances, resolutions, regulations, or the equivalent adopted by a home rule municipality, county, including a metropolitan government, or city regarding the processing of personal data by controllers or processors. To the extent there exists a conflict, this section does not require the home rule municipality, county, or city to adopt any law, ordinance, resolution, regulation, or the equivalent to modify or repeal such conflicting provisions enacted prior to July 1, 2025.
Added by 2023 Tenn. Acts, ch. 408, s 4, eff. 7/1/2025.
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 33 - AUTHORIZED VEHICLE IMMOBILIZATION DEVICE OPERATOR (§§ 47-18-3301 — 47-18-3402) › Section 47-18-3401

As used in this part:
(1)
"Authorized complex rehabilitation technology supplier" means a seller of complex rehabilitation technology that supplies products and services for complex rehabilitation technology equipment;
(2)
"Complex rehabilitation technology":
(A)
Has the same meaning as defined in § 71-5-159; and
(B)
Includes a manual wheelchair or power wheelchair;
(3)
"Independent repair person" means a person who does not have a formal relationship or agreement with a complex rehabilitation technology manufacturer, provider, or supplier;
(4)
"Manual wheelchair":
(A)
Has the same meaning as described in § 71-5-159(a)(1); and
(B)
Includes an unpowered, specialized, and medically necessary wheelchair;
(5)
"Power wheelchair" has the same meaning as described in § 71-5-159(a)(1);
(6)
"Preventative maintenance":
(A)
Means the regular and routine maintenance of a wheelchair, as described in the wheelchair's owner's manual, to ensure that the wheelchair maintains its originally-designed quality, function, and utility; and
(B)
Includes an assessment of:
(i)
The physical condition of the complex rehabilitation technology; and
(ii)
Any medically necessary repairs that the authorized technician is able to complete; and
(7)
"Repair" means the repair or replacement of a deficient, broken, or otherwise malfunctioning part, component, hardware, or software, when the deficient, broken, or otherwise malfunctioning state of such part, component, hardware, or software results in the incapacity of or otherwise diminished capacity for use of a complex rehabilitation technology.
Added by 2024 Tenn. Acts, ch. 1050,s 1, eff. 7/1/2024.
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 49 - GENETIC INFORMATION PRIVACY ACT (§§ 47-18-4901 — 47-18-4906) › Section 47-18-4901 - Short title

This part is known as the "Genetic Information Privacy Act."
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
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 49 - GENETIC INFORMATION PRIVACY ACT (§§ 47-18-4901 — 47-18-4906) › Section 47-18-4903 - Part applicability

This part does not apply to:
(1)
Protected health information that is collected by a covered entity or business associate as those terms are defined in 45 CFR Parts 160 and 164;
(2)
A public or private institution of higher education;
(3)
An entity owned or operated by a public or private institution of higher education;
(4)
Biomedical or academic research conducted by a research hospital, academic medical center, or other entity affiliated with such hospital or medical center that is not a direct-to-consumer genetic testing company;
(5)
Genetic data that is shared with or by a research hospital, academic medical center, or other entity affiliated with such hospital or medical center that is not a direct-to-consumer genetic testing company for the purposes of biomedical or academic research or to find causes of or cures for a disease or medical condition; or
(6)
The sharing of genetic data that does not require consent pursuant to the Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46.
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
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 49 - GENETIC INFORMATION PRIVACY ACT (§§ 47-18-4901 — 47-18-4906) › Section 47-18-4904 - Required disclosures to consumer - Permissible offers to consumers

(a)
A direct-to-consumer genetic testing company shall:
(1)
Provide to a consumer:
(A)
Essential information about the company's collection, use, and disclosure of genetic data; and
(B)
A prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices;
(2)
Obtain a consumer's initial express consent for collection, use, or disclosure of the consumer's genetic data that:
(A)
Clearly describes the company's use of the genetic data that the company collects through the company's genetic testing product or service;
(B)
Specifies who has access to test results; and
(C)
Specifies how the company may share the genetic data;
(3)
If the company engages in the following conduct, obtain a consumer's:
(A)
Separate express consent for:
(i)
The transfer or disclosure of the consumer's genetic data to a person other than the company's vendors and service providers;
(ii)
The use of genetic data beyond the primary purpose of the company's genetic testing product or service; or
(iii)
The company's retention of a biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer;
(B)
Informed consent in accordance with the Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46 , for transfer or disclosure of the consumer's genetic data to a third party for:
(i)
Research purposes; or
(ii)
Research conducted under the control of the company for the purpose of publication or generalizable knowledge; and
(C)
Express consent for:
(i)
Marketing to a consumer based on the consumer's genetic data; or
(ii)
Marketing by a third-party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service;
(4)
Require valid legal process for the company's disclosure of a consumer's genetic data to law enforcement or a government entity without the consumer's express written consent;
(5)
Develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure; and
(6)
Provide a process for a consumer to:
(A)
Access the consumer's genetic data;
(B)
Delete the consumer's account and genetic data; and
(C)
Destroy the consumer's biological sample.
(b)
Notwithstanding subdivision (a)(3)(C), a direct-to-consumer genetic testing company with a first-party relationship to a consumer may, without obtaining the consumer's express consent, provide customized content or offers on the company's website or through the company's application or service.
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
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 49 - GENETIC INFORMATION PRIVACY ACT (§§ 47-18-4901 — 47-18-4906) › Section 47-18-4905 - Prohibited disclosures - Consumer's written consent required

A direct-to-consumer genetic testing company shall not disclose a consumer's genetic data without first obtaining the consumer's written consent to:
(1)
An entity that offers health insurance, life insurance, or long-term care insurance; or
(2)
An employer of the consumer.
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
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 49 - GENETIC INFORMATION PRIVACY ACT (§§ 47-18-4901 — 47-18-4906) › Section 47-18-4906 - Duties of division of consumer affairs

The division of consumer affairs in the office of the attorney general and reporter shall enforce this part. The division shall:
(1)
Establish a means by which a consumer can submit a complaint for a violation of this part; and
(2)
Promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
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 50 - CONSUMER AFFAIRS DIVISION (§§ 47-18-5001 — 47-18-5003) › Section 47-18-5001 - Office of the attorney general and reporter - Director of consumer affairs

(a)
There is created a division of consumer affairs in the office of the attorney general and reporter.
(b)
The division of consumer affairs is headed by a director of consumer affairs who is appointed by, and serves at the pleasure of, the attorney general and reporter.
Amended by 2019 Tenn. Acts, ch. 459,s 46, eff. 9/30/2019.
Acts 1973, ch. 83, § 1; T.C.A., §§ 43-114, 43-1-202.
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 50 - CONSUMER AFFAIRS DIVISION (§§ 47-18-5001 — 47-18-5003) › Section 47-18-5002 - Power to employ personnel

The attorney general and reporter has the power to employ such personnel as may be necessary and appropriate to accomplish the purposes of this chapter, and the attorney general and reporter, or the attorney general's designee, shall:
(1)
Serve as the central coordinating agency for receiving complaints by Tennessee consumers or about Tennessee businesses regarding unfair or deceptive acts or practices;
(2)
Provide copies to, or otherwise notify, the persons identified in the complaints as engaging in unfair or deceptive practices and allowing them an opportunity to respond, within a reasonable time, to the division with, if appropriate, a proposal to resolve the complaint. Upon receiving a response, the division may share the response with the complainant and may facilitate additional communication between the person identified in the complaint and the complainant in an effort to encourage a mutually agreeable resolution;
(3)
Report annually to the general assembly on the activities of the division. The report shall include, but not be limited to, a statement of the investigatory and enforcement procedures and policies of the division, as well as a statement of the number of complaints filed and of investigations or enforcement proceedings instituted and of their disposition. The report shall not identify any person who has not been otherwise publicly identified in enforcement proceedings unless such person consents to identification. The report may include recommendations for proposed legislation designed to remedy specific unfair or deceptive acts or practices. Pursuant to the reporting requirements of this subdivision (3), the director of consumer affairs appointed pursuant to §
47-18-5001
shall provide a written report and testify annually to the commerce and labor committee of the senate and the commerce committee of the house of representatives. The reports made pursuant to this subdivision (3) must be submitted no later than February 1 of each year;
(4)
Lend assistance to any district attorney general who elects to criminally prosecute any person for any criminal act or practice directed against the consuming public; and
(5)
Promote consumer education and inform the public of policies, decisions, and legislation affecting consumers.
Amended by 2021 Tenn. Acts, ch. 64, s 66, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 459, s 48, eff. 9/30/2019.
Amended by 2019 Tenn. Acts, ch. 459, s 47, eff. 9/30/2019.
Amended by 2018 Tenn. Acts, ch. 684, s 1, eff. 4/12/2018.
Amended by 2013 Tenn. Acts, ch. 236, s 15, eff. 4/19/2013.
Acts 1973, ch. 83, § 2; 1977, ch. 438, § 5; T.C.A., §§ 43-115, 43-1-203.
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 50 - CONSUMER AFFAIRS DIVISION (§§ 47-18-5001 — 47-18-5003) › Section 47-18-5003 - Plan to receive and disseminate on attorney general and reporter's website reports of scams, schemes, swindles, and other frauds that target adults

The director shall develop and implement a plan to receive and disseminate on the attorney general and reporter's website reports of scams, schemes, swindles, and other frauds that target adults, as defined in §
71-6-102
.
Amended by 2019 Tenn. Acts, ch. 459,s 49, eff. 9/30/2019.
Added by 2016 Tenn. Acts, ch. 1044,s 3, eff. 4/28/2016.
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 47-18-5101 - Legislative intent

The general assembly finds and declares that:
(1)
The threats of terrorism are real and could impose horrific social and economic damage on Tennessee;
(2)
Terrorist attacks can dismantle the stability of markets and free trade;
(3)
Pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, but when an abnormal economic disruption for goods and services results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of consumer goods and services should be discouraged;
(4)
Because of the September 11, 2001, terrorist attacks that took place in New York and Arlington, Virginia, some businesses across Tennessee engaged in the economic practice commonly known as price-gouging;
(5)
Protecting the public from price-gouging is a vital function of state government in providing for the health, safety, and welfare of consumers;
(6)
The intent of the general assembly in enacting this part is to protect citizens from excessive and unjustified increases in the prices charged during or shortly after an abnormal economic disruption for goods and services that are vital or necessary for the consumer. Further, it is the intent of the general assembly that this part be liberally construed so that its beneficial purposes may be served.
Amended by 2018 Tenn. Acts, ch. 624,Secs.s1, s2 eff. 4/2/2018.
Acts 2002, ch. 807, § 2.