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 17 - EMPLOYMENT AGENCIES (§§ 47-18-1701 — 47-18-1708) › Section 47-18-1702 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee;
(2)
"Candidate" means any person, whether employed or unemployed, seeking or entering into any arrangement for employment or change of employment through the services of an employment agency;
(3)
[Deleted by 2019 amendment.]
(4)
"Employer" means any person who engages or seeks to engage candidates for employment;
(5)
"Employment agency" means any person who, for a fee paid by a candidate or other compensation provided by a candidate:
(A)
Places or attempts to place candidates seeking employment where the fee is not paid by the employer;
(B)
Recruits or attempts to recruit employees for employers seeking candidates where the fee is not paid by the employer; or
(C)
Purports to have access to job leads or compiles and provides lists or information about available jobs, if no fee is charged to the majority of potential employers for inclusion in the listings, and if an office is maintained for the purpose of marketing job information to the public and providing customers with access to that information;
(6)
"Fee" means anything of value paid or directed to be paid for the services of an employment agency; and
(7)
"Person" means any individual, company, corporation, partnership, association or firm, including any officer, director or employee of a corporation.
Amended by 2019 Tenn. Acts, ch. 459,s 29, eff. 9/30/2019.
Acts 1996, ch. 731, § 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 17 - EMPLOYMENT AGENCIES (§§ 47-18-1701 — 47-18-1708) › Section 47-18-1703 - Prohibited acts

No employment agency, or employer thereof, shall:
(1)
Impose any fee on candidates except for furnishing of employment directly or indirectly through the efforts of such employment agency;
(2)
Impose any fee on any candidate prior to the time at which that candidate has secured a job;
(3)
Engage or attempt to engage in the splitting or sharing of fees with an employer, or an employee of an employer, to whom employment agency services have been furnished;
(4)
Impose any fee for employing or training a person as a personnel consultant with such employment agency;
(5)
Make, give or cause to be made or given to any candidate any false promise, misrepresentation, or inaccurate or misleading statement or information;
(6)
Procure or attempt to procure the discharge of any person from such person's employment;
(7)
Induce or attempt to induce any employee placed by the employment agency to leave such employment, except upon request made and initiated by such employee;
(8)
Knowingly refer any candidate to employment which is prohibited by law, or deleterious to health or morals;
(9)
Refer any candidate for an interview without having first obtained, either orally or in writing, a bona fide job order or recruiting assignment from an employer for an interview;
(10)
Make or cause to be made or use any name, sign or advertising device bearing a name which may be reasonably confused with the name of a government agency;
(11)
Knowingly publish or cause to be published any false, fraudulent, deceptive or misleading information, representation, permission, notice or advertisement;
(12)
Require any candidate to contract with a specified lending agency to pay employment agency service charges; or
(13)
Knowingly and willfully violate any law of this state or the United States.
Acts 1996, ch. 731, § 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 17 - EMPLOYMENT AGENCIES (§§ 47-18-1701 — 47-18-1708) › Section 47-18-1704 - Refund of fees paid in event of termination

If a candidate accepts candidate-paid fee employment and is terminated by the employer through no cause of the candidate within four (4) weeks after beginning work, the employment agency shall, within thirty (30) days, refund any fee paid by the candidate. During such thirty (30) days, the employment agency shall, if requested, attempt to place the candidate in similar employment.
Acts 1996, ch. 731, § 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 17 - EMPLOYMENT AGENCIES (§§ 47-18-1701 — 47-18-1708) › Section 47-18-1705 - Exemptions

This part does not apply to:
(1)
Employee trade associations engaged in the procurement of employment for public school teachers and administrators;
(2)
Employment services established and operated by this state, any political subdivision of this state or the United States;
(3)
Labor union organizations;
(4)
Musician booking agencies;
(5)
Employee trade associations engaged in the procurement of employment for nurses;
(6)
Any health care provider who provides health care services and who is licensed pursuant to title 63 or title 68, chapter 11; or
(7)
Any public or private college or university in the state;
provided, that no recruiting fee is exacted from the salary or wages of the employee for services rendered.
Acts 1996, ch. 731, § 6.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 17 - EMPLOYMENT AGENCIES (§§ 47-18-1701 — 47-18-1708) › Section 47-18-1706 - Investigators

Whenever the attorney general has reason to believe that a person is engaging in, has engaged in, or may be about to engage in a violation of this part or has reason to believe it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, or has engaged in, or is about to engage in such act or practice, the attorney general may conduct an investigation in accordance with §
47-18-106
.
Amended by 2019 Tenn. Acts, ch. 459,s 30, eff. 9/30/2019.
Acts 1996, ch. 731, § 7.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 17 - EMPLOYMENT AGENCIES (§§ 47-18-1701 — 47-18-1708) › Section 47-18-1707 - Enforcement actions

(a)
Whenever it appears to the attorney general that a person has engaged in or is about to engage in any act or practice constituting a violation of this part or any rule or order hereunder, the attorney general may, in the attorney general's discretion, bring an action in the chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this part or any rule or order hereunder.
(b)
Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, discouragement or other proper equitable relief shall be granted.
(c)
The court shall not require the attorney general to post a bond.
Amended by 2019 Tenn. Acts, ch. 459,s 31, eff. 9/30/2019.
Acts 1996, ch. 731, § 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 17 - EMPLOYMENT AGENCIES (§§ 47-18-1701 — 47-18-1708) › Section 47-18-1708 - Violations - Penalties

(a)
A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter.
(b)
For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce and subject to the penalties and remedies as provided by such act.
Acts 1996, ch. 731, § 9.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1801 - Short title

This part shall be known and may be cited as the "Foreign Foods Disclosure Act of 1997."
Acts 1997, ch. 244, § 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 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1802 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee;
(2)
"Food" means any nourishing substance intended to be eaten by human beings;
(3)
"Manufacturer" means any person who manufactures, assembles or packages articles containing food of foreign origin. "Manufacturer" does not include wholesalers that repack fresh produce into smaller containers for sale to retail stores or retailers that repack fresh produce into tray-ready packs for sale to consumers; and
(4)
"Person" means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized.
Amended by 2019 Tenn. Acts, ch. 459,s 32, eff. 9/30/2019.
Acts 1997, ch. 244, § 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 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1803 - Administration

The attorney general shall administer this part.
Amended by 2019 Tenn. Acts, ch. 459,s 33, eff. 9/30/2019.
Acts 1997, ch. 244, § 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 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1804 - Labeling requirements

It is unlawful for any manufacturer to sell any article containing food of foreign origin to a retail or wholesale establishment in Tennessee or for distribution in Tennessee if such article is not marked in accordance with the requirements of
19 U.S.C. § 1304
.
Acts 1997, ch. 244, § 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 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1805 - Injunctive relief

In addition to any other remedies, the attorney general is authorized to apply to the chancery court of Davidson County, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this part, irrespective of whether or not there exists an adequate remedy at law, without the necessity of posting a bond.
Amended by 2019 Tenn. Acts, ch. 459,s 34, eff. 9/30/2019.
Acts 1997, ch. 244, § 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 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1806 - Civil penalties

The attorney general may seek and the court may impose a maximum civil penalty for a violation of this part of not more than ten thousand dollars ($10,000). For purposes of this section, each unmarked or improperly marked article constitutes a separate violation of this part.
Amended by 2019 Tenn. Acts, ch. 459,s 35, eff. 9/30/2019.
Acts 1997, ch. 244, § 6.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1807 - Civil actions - Damages - Declaratory judgments - Costs

(a)
Any person who manufactures, assembles or packages articles containing food who has suffered or will suffer an ascertainable loss as a result of a violation of this part may commence a civil action against any manufacturer who is alleged to have violated or to be in violation of this part.
(b)
The action may be brought in a court of competent jurisdiction in the county where any alleged sale took place, is taking place, or is about to take place, or in the county in which the alleged violator resides, has its principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
(c)
If the court finds that the violation was a willful or knowing violation, the court shall award three (3) times the actual damages sustained and provide such other relief as it considers necessary and proper.
(d)
A person commencing a civil action under this section shall serve a copy of the action on the attorney general. In any action under this section, the attorney general, if not a party, may intervene as a matter of right at any time in the proceeding.
(e)
Without regard to any other remedy or relief to which a person is entitled, anyone affected by a violation of this part may bring an action to obtain a declaratory judgment that the part or practice violates this part and to enjoin the person who has violated, is violating, or who is otherwise likely to violate this part; provided, that such action shall not be filed or shall not be continued if the attorney general has commenced or intervened in a proceeding pursuant to §
47-18-1805
.
(f)
The court, in issuing any final order in any action brought pursuant to this section, shall award costs of litigation (including reasonable attorney fees) to the prevailing party. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Tennessee Rules of Civil Procedure.
Amended by 2019 Tenn. Acts, ch. 459,s 36, eff. 9/30/2019.
Acts 1997, ch. 244, § 7.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1808 - Statute of limitations

Any action commenced pursuant to this part shall be brought within one (1) year from discovery of the alleged sale of an improperly marked article.
Acts 1997, ch. 244, § 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 18 - FOREIGN FOODS DISCLOSURE (§§ 47-18-1801 — 47-18-1809) › Section 47-18-1809 - Construction with federal law

(a)
This part shall be construed in accordance with
19 U.S.C § 1304
and the regulations promulgated and rulings and decisions made thereunder.
(b)
Nothing in this part shall alter or amend the applicability to a wholesale or retail grocer of
19 U.S.C. § 1304
and any regulations promulgated thereunder.
Acts 1997, ch. 244, §§ 9, 11.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 19 - WIRELESS TELECOMMUNICATION DEVICES (§§ 47-18-1901 — 47-18-1905) › Section 47-18-1901 - Minimum service periods - Disclosure required

In any circumstance in which a written contract for a wireless telecommunications device and service is required by the provider thereof, such contract shall have a separate acknowledgment, either by a separate signature line or by initialing, of any minimum service period.
Acts 1997, ch. 276, § 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 19 - WIRELESS TELECOMMUNICATION DEVICES (§§ 47-18-1901 — 47-18-1905) › Section 47-18-1902 - Penalties

The penalties provided in part 1 of this chapter shall be applicable to a violation of this part.
Acts 1997, ch. 276, § 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 19 - WIRELESS TELECOMMUNICATION DEVICES (§§ 47-18-1901 — 47-18-1905) › Section 47-18-1903 - Applicability to regulated utilities

This part shall not apply to any device or service sold, leased, or offered for sale or lease by any telephone cooperative or by any public utility that is subject to the jurisdiction of, or to regulation by, the Tennessee public utility commission.
Amended by 2017 Tenn. Acts, ch. 94,s 40, eff. 4/4/2017.
Acts 1997, ch. 276, § 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 19 - WIRELESS TELECOMMUNICATION DEVICES (§§ 47-18-1901 — 47-18-1905) › Section 47-18-1904 - Applicability to personal, family and household uses

The remedies provided under this chapter with respect to a violation of this part shall be available with respect to goods or services purchased by an individual primarily for personal, family or household use or purposes.
Acts 1997, ch. 276, § 6.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 19 - WIRELESS TELECOMMUNICATION DEVICES (§§ 47-18-1901 — 47-18-1905) › Section 47-18-1905 - Applicability to contracts executed after effective date

This part shall apply to contracts executed after January 1, 1998, and shall not apply to contracts executed prior to that date.
Acts 1997, ch. 276, § 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 20 - CIGARETTES (§§ 47-18-2001 — 47-18-2006) › Section 47-18-2001 - Short title

This part shall be known and may be cited as the "Tennessee Minimum Cigarette Pack Size Act of 1999."
Acts 1999, ch. 111, § 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 20 - CIGARETTES (§§ 47-18-2001 — 47-18-2006) › Section 47-18-2002 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Cigarette retailer" means each and every cigarette vending machine, place, store, booth, concession, truck, vehicle or person that in any way sells or makes available cigarettes or cigarette products directly or indirectly to the ultimate consumer; and
(2)
(A)
"Tobacco product manufacturer" means an entity that, after May 4, 1999, directly (and not exclusively through any affiliate):
(i)
Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States;
(ii)
Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or
(iii)
Becomes a successor of an entity described in subdivision (2)(A)(i) or (2)(A)(ii); and
(B)
"Tobacco product manufacturer" does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subdivision (2)(A)(i), (2)(A)(ii) or (2)(A)(iii).
Acts 1999, ch. 111, § 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 20 - CIGARETTES (§§ 47-18-2001 — 47-18-2006) › Section 47-18-2003 - Minimum package contents

No tobacco product manufacturer or cigarette retailer may directly or indirectly, manufacture, sell or distribute in Tennessee any pack or other container of cigarettes containing fewer than twenty (20) cigarettes or, in the case of roll-your-own tobacco, any package of roll-your-own tobacco, containing less than zero point six zero (0.60) ounces of tobacco.
Acts 1999, ch. 111, § 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 20 - CIGARETTES (§§ 47-18-2001 — 47-18-2006) › Section 47-18-2004 - Purpose - Liberal construction

(a)
The purpose of this part is to prevent tobacco manufacturers or retailers from manufacturing, selling or distributing cigarettes in packs or containers containing fewer than twenty (20) cigarettes. This measure is designed to deter minors from smoking cigarettes.
(b)
This part shall be liberally construed to promote such purpose.
Acts 1999, ch. 111, § 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 20 - CIGARETTES (§§ 47-18-2001 — 47-18-2006) › Section 47-18-2005 - Violation of Consumer Protection Act

Any violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct, trade or commerce and subject to all sanctions, penalties and remedies provided in that act, including attorneys' fees and costs.
Acts 1999, ch. 111, § 6.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 20 - CIGARETTES (§§ 47-18-2001 — 47-18-2006) › Section 47-18-2006 - Institution of proceedings - Costs of actions

(a)
The attorney general and reporter may bring any appropriate action or proceeding in any court of competent jurisdiction pursuant to this part against any cigarette manufacturer or cigarette retailer to seek redress, including injunctive relief, for violations of this part.
(b)
No costs shall be taxed against the attorney general and reporter or the state in actions commenced under this part.
Acts 1999, ch. 111, §§ 6, 7.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 21 - IDENTITY THEFT DETERRENCE (§§ 47-18-2101 — 47-18-2111) › Section 47-18-2101 - Short title

This part shall be known and may be cited as the "Tennessee Identity Theft Deterrence Act of 1999."
Acts 1999, ch. 201, § 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 21 - IDENTITY THEFT DETERRENCE (§§ 47-18-2101 — 47-18-2111) › Section 47-18-2103 - Prohibited practices

It is unlawful for any person to directly or indirectly:
(1)
Engage in identity theft; or
(2)
Engage in any unfair, deceptive, misleading act or practice for the purpose of directly or indirectly engaging in identity theft.
Acts 1999, ch. 201, § 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 21 - IDENTITY THEFT DETERRENCE (§§ 47-18-2101 — 47-18-2111) › Section 47-18-2104 - Private rights of action

(a)
Any party commencing a private action pursuant to this part must provide a copy of the complaint and all other initial pleadings to the attorney general and upon entry of any judgment, order or decree of the action, shall mail a copy of such judgment, order or decree to the attorney general within five (5) days of entry of the judgment, order or decree.
(b)
A copy of any notice of appeal shall be served by the appellant upon the attorney general, who in the public interest may intervene.
(c)
A private action to enforce any liability created under this part may be brought within two (2) years from the date the liability arises, except that where a defendant has concealed the liability to that person, under this part, the action may be brought within two (2) years after discovery by the person of the liability. No action brought by the attorney general shall be subject to the limitation of actions contained herein.
(d)
In any private action commenced under this part, if the private party establishes that identity theft was engaged in willfully or knowingly, the court may award three (3) times the actual damages and may provide such other relief as it considers necessary and proper.
(e)
The action may be brought in a court of competent jurisdiction in the county where the identity theft or unfair, deceptive or misleading act or practice took place, is taking place, or is about to take place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
(f)
Without regard to any other remedy or relief to which a person is entitled, anyone affected by a violation of this part may bring an action to obtain a declaratory judgment that the act or practice violates this part and to enjoin the person who has violated, is violating, or who is otherwise likely to violate this part; provided, that such action shall not be filed once the attorney general has commenced a proceeding pursuant to this part or the Tennessee Consumer Protection Act.
(g)
Upon a finding by the court that a provision of this part has been violated, the court may award to the person bringing such action reasonable attorneys' fees and costs.
Amended by 2019 Tenn. Acts, ch. 459,s 38, eff. 9/30/2019.
Acts 1999, ch. 201, § 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 21 - IDENTITY THEFT DETERRENCE (§§ 47-18-2101 — 47-18-2111) › Section 47-18-2106 - Violation of Tennessee Consumer Protection Act

(a)
A violation of this part constitutes a violation of the Tennessee Consumer Protection Act.
(b)
For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting trade or commerce and subject to the penalties and remedies as provided in that act, in addition to the penalties and remedies set forth in this part.
(c)
If the attorney general has reason to believe that a person has violated this part, then the attorney general may institute a proceeding under this chapter.
Amended by 2019 Tenn. Acts, ch. 459,s 42, eff. 9/30/2019.
Acts 1999, ch. 201, § 7.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 21 - IDENTITY THEFT DETERRENCE (§§ 47-18-2101 — 47-18-2111) › Section 47-18-2109 - Notice to consumer regarding security freeze

At any time that a Tennessee consumer is required to receive a summary of rights required by
15 U.S.C. § 1681g(d)
of the federal Fair Credit Reporting Act, the Tennessee consumer shall also be provided with the following prominent, clear and conspicuous notice in at least twelve (12) point type:
TENNESSEE CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE
You have a right to place a "security freeze" on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, or telephone account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place. To provide that authorization you must contact the consumer reporting agency and provide all of the following:
(1)
The personal identification number or password;
(2)
Proper identification to verify your identity; and
(3)
The proper information regarding the period of time for which the report shall be available.
A consumer reporting agency must authorize the release of your credit report no later than fifteen (15) minutes after receiving the above information.
A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of fraud control, or reviewing or collecting the account. Reviewing the account includes activities related to account maintenance.
You should consider filing a complaint regarding your identity theft situation with the federal trade commission and the attorney general and reporter, either in writing or via their web sites.
You have a right to bring civil action against anyone, including a consumer reporting agency, who improperly obtains access to a file, misuses file data, or fails to correct inaccurate file data.
Amended by 2019 Tenn. Acts, ch. 459,s 43, eff. 9/30/2019.
Amended by 2018 Tenn. Acts, ch. 595,s 2, eff. 7/1/2018.
Acts 2007, ch. 170, § 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 22 - VIDEO CONSUMER PRIVACY (§§ 47-18-2201 — 47-18-2205) › Section 47-18-2201 - Short title

This part shall be known and may be cited as the "Video Consumer Privacy Act."
Acts 1999, ch. 342, § 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 22 - VIDEO CONSUMER PRIVACY (§§ 47-18-2201 — 47-18-2205) › Section 47-18-2202 - Legislature findings and intent

(a)
The general assembly finds and declares that the viewing of rented video tapes and movies in the home is a popular and widespread leisure pastime. Innumerable retail establishments in this state commonly record, often by computer, data containing the identities of consumers who have rented video tapes and movies and the titles of the videos rented.
(b)
It is the intent of the general assembly by enactment of this part to protect the personal privacy of individuals and their families who rent video cassette tapes and movies and similar audio visual materials, without unreasonably restricting the ability of video tape service providers to collect and use information as is necessary to conducting their business.
Acts 1999, ch. 342, § 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 22 - VIDEO CONSUMER PRIVACY (§§ 47-18-2201 — 47-18-2205) › Section 47-18-2203 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Consumer" means any renter, purchaser, or subscriber of goods or services from a video tape service provider or video tape seller;
(2)
"Informed, written consent of the consumer" means that the video tape service provider, prior to furnishing any video tape services, shall offer the consumer an opportunity to elect not to have personally identifiable information disclosed. Such notice shall be in writing in at least ten point (10 pt.) bold face type, affixed to any membership, subscriber or rental agreement between the consumer and the video tape service provider, and shall be posted on a sign in full and clear view of the consumer at the point of rental transaction, and shall read as follows:
"This video tape service provider from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented by video customers. You have the right to elect not to have your name, address or the description or subject matter of any material rented included in such description or subject matter of any material rented included in such lists. This election may be changed by you, in writing, at any time.";
(3)
"Ordinary course of business" means only debt collection activities, order fulfillment, request processing, and the transfer of ownership;
(4)
"Personally identifiable information" means any information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider or video tape seller;
(5)
"Video tape seller" means any person engaged in the business of selling prerecorded video cassette tapes or similar audio visual materials; and
(6)
"Video tape service provider" means any person engaged in the business of rental of prerecorded video cassette tapes or similar audio visual materials.
Acts 1999, ch. 342, § 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 22 - VIDEO CONSUMER PRIVACY (§§ 47-18-2201 — 47-18-2205) › Section 47-18-2205 - Liability for damages

Any person found to be in violation of this part shall be liable to the aggrieved consumer for all actual damages sustained by such consumer as a result of the violation.
Acts 1999, ch. 342, § 6.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 23 - [Misleading or Inaccurate Caller Identification Information] (§§ 47-18-2301 — 47-18-2305) › Section 47-18-2303 - Acts not prohibited or restricted

This part does not prohibit or restrict any of the following:
(1)
Subject to §
65-4-403
, blocking the capability of a caller identification service to transmit caller identification information;
(2)
Any authorized law enforcement activity;
(3)
Any lawfully authorized investigative, protective, or intelligence activity of:
(A)
The United States or an intelligence agency of the United States;
(B)
This state or any political subdivision of this state; or
(C)
Any other state or a political subdivision of that state;
(4)
A court order that specifically authorizes the use of caller identification manipulation; or
(5)
The right of the attorney general and reporter to bring a civil action under
47 U.S.C. § 227(e)(6)
to enforce the federal Truth in Caller ID Act of 2009 (
47 U.S.C. § 227
).
Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
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 23 - [Misleading or Inaccurate Caller Identification Information] (§§ 47-18-2301 — 47-18-2305) › Section 47-18-2304 - Action for injunctive relief and civil penalty by attorney general and reporter

(a)
The attorney general and reporter may bring an action against a person who violates §
47-18-2302(a)
to enjoin further violations and to recover a civil penalty of up to thirty thousand dollars ($30,000) per violation.
(b)
(1)
Any civil penalty collected pursuant to this section shall be paid into the general fund of the state.
(2)
The prevailing party is entitled to reasonable attorney's fees, court costs, and expenses; provided, that no court costs shall be taxed against the attorney general and reporter or this state in actions commenced under this section.
(c)
Jurisdiction for an action brought pursuant to this section shall be in the chancery or circuit court of Davidson County.
Amended by 2019 Tenn. Acts, ch. 217,s 1, eff. 4/23/2019.
Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
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 23 - [Misleading or Inaccurate Caller Identification Information] (§§ 47-18-2301 — 47-18-2305) › Section 47-18-2305 - Private action for injunctive relief and damages

(a)
Except as provided in subsection (d), any person who is aggrieved by a violation of §
47-18-2302(a)
may bring an action to enjoin further violations and for the recovery of the person's actual damages and actual expenses incurred, including court costs and attorney's fees, against any person who is responsible for or knowingly participated in the violation. The injunctive relief available under this subsection (a) is in addition to any damages to which a person may be entitled.
(b)
If the court finds that the violation of §
47-18-2302(a)
was an intentional violation, or that the defendant has engaged in a pattern and practice of violations, the court may award three (3) times the actual damages sustained.
(c)
The action may be brought in the chancery or circuit court of Davidson County or in a court of competent jurisdiction where the alleged violation of §
47-18-2302(a)
took place.
(d)
A person does not have a cause of action against a provider for a violation of §
47-18-2302(a)
unless the violation resulted from the provider's gross negligence or intentional wrongdoing.
Added by 2017 Tenn. Acts, ch. 257,s 1, eff. 7/1/2017.
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 24 - UNSOLICITED LOANS (§§ 47-18-2401 — 47-18-2404) › Section 47-18-2401 - Notice requirements for unsolicited loans

Unless otherwise agreed, where unsolicited mail that resembles a check is, upon endorsement by the payee, a loan, the payee is under no duty to repay such loan unless such unsolicited mail has upon its face in boldface letters at least one-half inch (1/2") in height the following:
THIS IS A LOAN.
Acts 1999, ch. 395, § 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 24 - UNSOLICITED LOANS (§§ 47-18-2401 — 47-18-2404) › Section 47-18-2402 - Failure to provide notice a defense to collection action

In any action for the collection of the balance due on an unsolicited loan received by mail that resembles a check, it shall be a complete defense that such unsolicited loan was not actually requested by the defendant and such mail did not have upon its face the language required by §
47-18-2401
.
Acts 1999, ch. 395, § 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 24 - UNSOLICITED LOANS (§§ 47-18-2401 — 47-18-2404) › Section 47-18-2403 - Violation of part constituting unfair or deceptive trade practice

A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purposes of the application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and shall be subject to the penalties and remedies as provided in that act.
Acts 1999, ch. 395, § 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 24 - UNSOLICITED LOANS (§§ 47-18-2401 — 47-18-2404) › Section 47-18-2404 - Notices and obligations - Application - Damages

(a)
(1)
Any solicitation to lend money to a person for the consolidation or payment of other indebtedness which will result in that person's owner-occupied residence becoming collateral or security for the loan or payment of money shall clearly state, in bold face type at least as large as any used in the solicitation otherwise, or by a separate clearly stated written notice, in bold face type at least ten (10) points, the following:
(A)
Failure to make timely payments or to repay the loan will result in the borrower's home being subject to foreclosure; and
(B)
[Deleted by 2019 amendment.]
(2)
Such solicitation shall, in like manner, state either one (1) of the following, as appropriate:
(A)
It is the obligation of the lender to make payments to prior lenders; or
(B)
It is the obligation of the borrower to make payments to prior lenders.
(b)
This section shall apply to all solicitations, whether made through the mails, in person, by telephone, fax, or electronically, or through any other agency or medium to a resident of the state. If the solicitation is made in person or by telephone, then the person making the solicitation shall clearly express the notices and obligations required to be given under subdivisions (a)(1) and (2).
(c)
Failure to comply with this section shall subject the lender to damages up to three (3) times the amount of actual damages pursuant to §
47-18-109
.
(d)
The notices and obligations described in subsection (a) shall be clearly expressed in any debt consolidation contract or loan agreement consolidating such loans, in bold face type of at least ten (10) points, in immediate proximity to the space reserved for the signature of the borrower.
(e)
This section shall not apply to any state or national bank, credit union, savings and loan, or to any subsidiary or affiliate of any such state or national bank, credit union, savings and loan or any person or entity licensed by or subject to regulation by the department of financial institutions.
Amended by 2019 Tenn. Acts, ch. 459,s 45, eff. 9/30/2019.
Acts 2000, ch. 963, § 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 25 - UNSOLICITED ADVERTISING BY ELECTRONIC MEANS (§§ 47-18-2501 — 47-18-2502) › Section 47-18-2502 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Computer network" means a set of related, remotely connected devices and any communications facilities, including more than one (1) computer with the capability to transmit data among them through the communications facilities; and
(2)
"Without authority" means a person using the computer network of an electronic mail service provider to transmit unsolicited bulk electronic mail in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider. Transmission of electronic mail from an organization to its members shall not be deemed to be unsolicited bulk electronic mail.
Acts 1999, ch. 475, § 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 26 - STRUCTURED SETTLEMENT PROTECTION (§§ 47-18-2601 — 47-18-2607) › Section 47-18-2601 - Short title

This part shall be known and may be cited as the "Structured Settlement Protection Act."
Acts 2000, ch. 758, § 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 26 - STRUCTURED SETTLEMENT PROTECTION (§§ 47-18-2601 — 47-18-2607) › Section 47-18-2603 - Transfer agreement - Requirements

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been authorized in advance in a final order of a court of competent jurisdiction or a responsible administrative authority, and complies with all of the following:
(1)
The transfer complies with the requirements of this part and will not contravene other applicable law;
(2)
Not less than ten (10) days prior to the date on which the payee executes the transfer agreement, the transferee has provided to the payee a disclosure statement in bold type, no smaller than fourteen (14) points, setting forth:
(A)
The amounts and due dates of the structured settlement payments to be transferred;
(B)
The aggregate amount of such payments;
(C)
The discounted present value of such payments, together with the discount rate used in determining such discounted present value;
(D)
The gross amount payable to the payee in exchange for such payments;
(E)
An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, notary fees and other commissions, fees, costs, expenses and charges, and a good faith estimate of all legal fees and court costs payable by the payee or deductible from the gross amount otherwise payable to the payee;
(F)
The net amount payable to the payee after deduction of all commissions, fees, costs, expenses and charges described in subdivision (2)(E); and
(G)
The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee;
(3)
The payee has established that the transfer is fair and reasonable and in the best interest of the payee;
(4)
The payee has been advised by the transferee, in writing, to seek independent professional advice regarding the financial, legal and tax implications of the transfer; and
(5)
The transferee has given written notice of the transferee's name, address and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the court or responsible administrative authority.
Acts 2000, ch. 758, § 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 26 - STRUCTURED SETTLEMENT PROTECTION (§§ 47-18-2601 — 47-18-2607) › Section 47-18-2605 - Waiver - Failure to satisfy conditions

(a)
The provisions of this part may not be waived.
(b)
No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on any failure of such transfer to satisfy the conditions of §
47-18-2603
.
Acts 2000, ch. 758, § 6.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 26 - STRUCTURED SETTLEMENT PROTECTION (§§ 47-18-2601 — 47-18-2607) › Section 47-18-2606 - Other statutory provisions remain valid

Nothing contained in this part shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law.
Acts 2000, ch. 758, § 7.