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 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1006 - Contract - Cancellation notice

(a)
Every contract between a consumer and a credit services business for the purchase of the services of the credit services business shall be in writing, dated, signed by the consumer, and shall include all of the following:
(1)
A conspicuous statement in size equal to at least ten (10) point bold type, in immediate proximity to the space reserved for the signature of the consumer, as follows:
"You, the buyer, may cancel this contract at any time prior to twelve o'clock midnight (12:00) of the fifth business day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.";
(2)
The terms and conditions of payment, including the total of all payments to be made by the consumer, whether to the credit services business or to some other person;
(3)
A complete and detailed description of the services to be performed and the results to be achieved by the credit services business for or on behalf of the consumer, including all guarantees and all promises of full or partial refunds and a list of the adverse information appearing on the consumer's credit report that the credit services business expects to have modified; and
(4)
The principal business address of the credit services business and the name and address of its agent in this state authorized to receive service of process.
(b)
(1)
The contract shall be accompanied by a completed form in duplicate, captioned "NOTICE OF CANCELLATION," which shall be attached to the contract and easily detachable, and which shall contain in at least ten (10) point bold type the following statement:
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, at any time prior to twelve o'clock midnight (12:00) of the fifth business day after the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within ten (10) days following receipt by the seller of your cancellation notice.
To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to ______________ (Name of Seller) at ______________ (Address of Seller) ____________________ (Place of Business) not later than twelve o'clock midnight (12:00) ______________ (Date)
I HEREBY CANCEL THIS TRANSACTION.
______________ ______________
Date ______________(Buyer's Signature)
(2)
A copy of the fully completed contract and all other documents the credit services business requires the consumer to sign shall be given by the credit services business to the consumer at the time they are signed.
Acts 1988, ch. 897, § 6; 1998, ch. 854, § 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 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1007 - Violations - Proof of exemption

(a)
Any breach by a credit services business of a contract under this part, or of any obligation arising under it, constitutes a violation of this part.
(b)
Any contract for services from a credit services business that does not comply with the applicable provisions of this part shall be void and unenforceable as contrary to the public policy of this state.
(c)
Any waiver by a consumer of any of the provisions of this part shall be deemed void and unenforceable by a credit services business as contrary to public policy of this state, and any attempt by a credit services business to have a consumer waive rights given by this part constitutes a violation of this part.
(d)
In any proceeding involving this part, the burden of proving an exemption or an exception from the definition is upon the person claiming it.
Acts 1988, ch. 897, § 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 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1008 - Damages, private actions

(a)
In any private action, any credit services business, which willfully fails to comply with any requirement imposed under this part with respect to any consumer, is liable to the consumer in an amount equal to the sum of:
(1)
Any actual damages sustained by the consumer as a result of the failure, or any amount paid by the person to the credit services business whichever is greater. This remedy is supplemental to any other remedy contained within this chapter.
(2)
Such amount of punitive damages as the court may allow.
(b)
In any private action, any credit services business which is negligent in failing to comply with any requirement imposed under this part with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure.
Acts 1988, ch. 897, § 8; 1998, ch. 854, § 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 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1009 - Limitation of actions

A private action to enforce any liability created under this part may be brought within two (2) years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this part to be disclosed to a consumer, and the information so misrepresented is material to the establishment of the defendant's liability to that consumer under this part, the action may be brought at any time within two (2) years after discovery by the consumer of the misrepresentation. No action brought by the attorney general and reporter shall be subject to the limitation of actions contained herein.
Acts 1988, ch. 897, § 9; 1998, ch. 854, § 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 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1010 - Violation of Consumer Protection Act - Institution of proceedings

(a)
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 purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by that act.
(b)
If the attorney general has reason to believe that any credit services business, or any salesperson, agent, representative, or independent contractor acting on behalf of a credit services business, has violated any provision of this part, the attorney general may institute a proceeding under this chapter.
Acts 1988, ch. 897, § 10; 1998, ch. 854, § 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 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1011 - Bond

(a)
(1)
In order to provide a degree of protection to customers of credit services businesses, each credit services business shall post a bond in an amount as determined by the commissioner with the department of commerce and insurance for each location conducting business in this state. The bond shall be made with a bond issued by a corporate surety acceptable to the commissioner.
(2)
If the commissioner has not promulgated a rule setting the required level of bonding, then the bond shall be in the amount of one hundred thousand dollars ($100,000).
(b)
The bond shall be maintained for two (2) years following the date on which the credit services business ceases to conduct business in this state.
(c)
In an action brought by the attorney general and reporter pursuant to §
47-18-1010
, the attorney general and reporter shall have the right to request that the total amount of the bond posted by the credit services business be awarded to the state for consumer restitution or civil penalties. Further, any person who has been awarded damages for a private action under this part may make a claim against the bond.
(d)
Notwithstanding subsection (a), any credit services business that was registered with the division of consumer affairs in the department of commerce and insurance on or before May 1, 1998, shall only be required to post a bond in the amount of ten thousand dollars ($10,000) with the department. The bond may be made through a deposit of cash, a certificate of deposit, securities, or with a bond issued by a corporate surety acceptable to the commissioner.
(e)
Receipt of bonds for credit services businesses posted under this part shall be transferred to the division of regulatory boards in the department of commerce and insurance on and after July 1, 2015.
(f)
The commissioner may prescribe fees for the filing of a bond with the department of commerce and insurance pursuant to this part. The fees shall be in an amount that provides for the cost of administering the receipt of bonds for credit services businesses. Fees may be adjusted as necessary to provide that the administration of bonds for credit services businesses is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures.
Amended by 2015 Tenn. Acts, ch. 339,s 23, eff. 7/1/2015.
Acts 1988, ch. 897, § 11; 1998, ch. 854, § 9; 2000, ch. 874, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 10 - CREDIT SERVICES BUSINESSES (§§ 47-18-1001 — 47-18-1012) › Section 47-18-1012 - Combination of moneys received and expenses incurred pursuant to Tennessee Credit Services Businesses Act and Uniform Debt-Management Services Act into single fund

The department shall combine all moneys received and expenses incurred pursuant to the Tennessee Credit Services Businesses Act and the Uniform Debt-Management Services Act, compiled in part 55 of this chapter, into a single fund for the purpose of administering the acts.
Added by 2021 Tenn. Acts, ch. 144,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 11 - PYRAMID PROMOTIONAL SCHEMES (§§ 47-18-1101 — 47-18-1106) › Section 47-18-1102 - Knowingly establishing, promoting, or operating pyramid promotional scheme - Offense

(1)
It is an offense for any person to knowingly establish, promote, or operate any pyramid promotional scheme in this state.
(2)
A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme nor is it a defense under this section.
Acts 2014, ch. 802, § 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 11 - PYRAMID PROMOTIONAL SCHEMES (§§ 47-18-1101 — 47-18-1106) › Section 47-18-1103 - Authority to proceed against pyramid promotional schemes for any other violations of state law not limited

Nothing in this part shall limit the authority of any state official from proceeding against pyramid promotional schemes for other violations of state law.
Acts 2014, ch. 802, § 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 11 - PYRAMID PROMOTIONAL SCHEMES (§§ 47-18-1101 — 47-18-1106) › Section 47-18-1104 - Enforcement of part - Civil penalties

(a)
The attorney general and reporter may, upon finding that any person is engaged in or about to engage in any act or practice that constitutes a pyramid promotional scheme in violation of this part, bring an action in the appropriate court of jurisdiction to enjoin such act or practice and to obtain other appropriate relief. Such court may grant a temporary restraining order, or a preliminary or permanent injunction, or other appropriate relief.
(b)
Upon a determination by a court that a violation of §
47-18-1102
has occurred, a court may impose by order and collect a civil penalty of not more than ten thousand dollars ($10,000) per violation per person.
(c)
The attorney general and reporter may bring actions in circuit court to recover penalties pursuant to this section. In determining the amount of the civil penalty, a court shall consider the magnitude of the offense, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and other matters as justice may require.
(d)
All penalties collected pursuant to this part shall be deposited in the general fund.
Acts 2014, ch. 802, § 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 11 - PYRAMID PROMOTIONAL SCHEMES (§§ 47-18-1101 — 47-18-1106) › Section 47-18-1105 - Violation of part is misdemeanor

A violation of this part is a Class A misdemeanor.
Acts 2014, ch. 802, § 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 11 - PYRAMID PROMOTIONAL SCHEMES (§§ 47-18-1101 — 47-18-1106) › Section 47-18-1106 - Participants in scheme not subject to prosecution under part

A person who only participates in a pyramid promotional scheme may not be prosecuted under this part for any violation of this part. However, a person who knowingly establishes, promotes, or operates a pyramid promotional scheme shall be subject to prosecution pursuant to this part.
Acts 2014, ch. 802, § 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 12 - WATER TREATMENT DEVICES (§§ 47-18-1201 — 47-18-1203) › Section 47-18-1201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Contaminant" or "contamination" means any health-related physical, chemical, biological, or radiological substance or matter in water;
(2)
"Person" means any individual, partnership, firm, corporation or association, or any employee or agent thereof; and
(3)
"Water treatment device" means any product that:
(A)
Is designed to alter the chemical or physical properties or characteristics of drinking water or plumbing, or which the seller, lessor or renter claims can alter the chemical or physical properties or characteristics of drinking water or plumbing; and
(B)
Is used or sold, leased or rented for use on residential property.
Acts 1989, ch. 367, § 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 12 - WATER TREATMENT DEVICES (§§ 47-18-1201 — 47-18-1203) › Section 47-18-1203 - Prohibited practices under Consumer Protection Act

Any violation of this part is a prohibited practice under §
47-18-104
.
Acts 1989, ch. 367, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1301 - Short title

This part shall be known and may be cited as the "Kerosene and Motor Fuels Quality Inspection Act of 1989."
Acts 1989, ch. 397, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1302 - Legislative intent

It is the intent of the general assembly, through this enactment, to promote and protect the public health, safety and welfare by ensuring that kerosene and motor fuels:
(1)
Are adequately labeled and posted; and
(2)
Meet or exceed certain minimum standards of quality.
Acts 1989, ch. 397, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1303 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"American Society for Testing and Materials (ASTM)" means the national scientific and technical organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge;
(2)
"Commissioner" means the Tennessee commissioner of agriculture or a departmental employee designated by the commissioner to act as the commissioner's representative for purposes of this part;
(3)
"Convey for consumption in Tennessee" means to commercially refine, blend, store, transport, distribute, retail, or otherwise participate in the preparation or transmittal of kerosene or motor fuels for use by consumers within this state;
(4)
"Department" means the Tennessee department of agriculture;
(5)
"Diesel fuel" means refined oils commonly used in internal combustion engines where ignition occurs by pressure and not by electric spark, the classification of which shall be defined by the American Society for Testing and Materials;
(6)
"Field inspector" means an employee of the department, or an employee of a person contracting with the department, whose duties and responsibilities include the collection of kerosene or motor fuel samples for testing and other activities related to enforcement of this part;
(7)
"Gasoline" means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in spark-ignition internal combustion engines;
(8)
"Gasoline-alcohol blend" means a blend consisting primarily of gasoline and containing by volume at least one percent (1%) ethanol (ethyl alcohol) or methanol (methyl alcohol), or both;
(9)
"Kerosene" means a refined oil intended for heating or illuminating use, the classification of which shall be defined by the American Society for Testing and Materials;
(10)
"Motor fuel" means any liquid product used for the generation of power in an internal combustion or turbine engine and includes, but is not necessarily limited to, gasoline, diesel fuel and gasoline-alcohol blends; and
(11)
"Person" means an individual, partnership, corporation, company, firm, association or other business entity.
Acts 1989, ch. 397, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1304 - Labeling and posting - Standards - Waiver of standards or alternative standards

(a)
Kerosene and motor fuels conveyed for consumption in Tennessee shall be labeled and posted in accordance with applicable federal and state law.
(b)
Kerosene and motor fuels conveyed for consumption in Tennessee shall meet the standards established for such products in the annual book of ASTM standards, and supplements thereto; provided, that by duly promulgated rule:
(1)
The department may adopt alternative volatility standards for gasoline-alcohol blends; provided, that the alternative standards are consistent with the protection and promotion of public health, safety and welfare; and
(2)
The department shall adopt as a substitute standard any provision of federal law which imposes requirements in conflict with an ASTM standard.
(c)
The commissioner is authorized to waive ASTM standards or to establish alternative standards for a specified period of time when such action is deemed necessary to protect or promote public health, safety and general welfare, and the interests of citizens of Tennessee; provided, that if such waiver or alternative standards remain in effect for more than one (1) year, the commissioner shall promulgate emergency or permanent rules, as the commissioner deems appropriate, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
(1)
Notwithstanding subsection (c) or subdivision (b)(1), for gasoline blended with ethanol, the most recent version of ASTM D4814, Standard Specification for Automotive Spark Ignition Engine Fuel, applies with the following exceptions:
(A)
The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing nine percent (9%) to ten percent (10%) (by volume) ethanol from June 1 through September 15, in accordance with 40 CFR Part 80.27(d);
(B)
The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than one pound per square inch (1.0 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Classes A, B, C, and D from September 16 through May 31; and
(C)
The maximum vapor pressure shall not exceed the ASTM D4814 limit by more than a half pound per square inch (0.5 p.s.i.) for blends containing one percent (1%) or more (by volume) ethanol for volatility Class E from September 16 through May 31.
(2)
The vapor pressure exceptions in subdivisions (d)(1)(B) and (C) shall remain in effect until ASTM incorporates changes to the vapor pressure maximums for ethanol blends after April 7, 2017.
Amended by 2017 Tenn. Acts, ch. 106, s 1, eff. 4/7/2017.
Acts 1989, ch. 397, § 4; 1997 , ch. 40, § 1; 2005, ch. 2, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1306 - Samples for testing - Testing of ethanol or methanol

(a)
Upon request of a field inspector, a person who conveys kerosene or motor fuel for consumption in Tennessee shall immediately provide the department, free of cost, samples of kerosene or motor fuel. Samples shall be pumped, pulled, drawn, or otherwise procured in the presence of the field inspector.
(b)
The department shall test the samples for compliance with the requirements of §
47-18-1304
.
(c)
The department may test ethanol or methanol, intended for blending with gasoline, separate from and prior to the time at which such ethanol or methanol is blended with gasoline.
Acts 1989, ch. 397, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1308 - Officials or employees administering or enforcing part - Reports of interests in conveyances - Restrictions on use of samples

(a)
Each official and employee within the department, and each official and employee of a person contracting with the department, who is directly or indirectly involved in the administration or enforcement of this part, and who has a direct or indirect interest in the conveyance of kerosene or motor fuel for consumption in Tennessee, shall annually file a written statement summarizing the official's or employee's involvement in the administration or enforcement of this part as well as the official's or employee's interest in the conveyance of kerosene or motor fuel for consumption in Tennessee. The statements shall constitute open records, shall be kept on file in the commissioner's office, and shall be available for public inspection during the department's regular business hours.
(b)
No official or employee within the department and no official or employee of a person contracting with the department shall take away or appropriate for the official's or employee's own use any sample collected by or submitted to the department for testing. By duly promulgated rule, the department shall establish policies and procedures governing the use, disposal, or sale of any samples remaining unused after testing thereon is completed.
Acts 1989, ch. 397, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1309 - Rules and regulations - Contested cases

(a)
In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this part.
(b)
Such rules shall include, but shall not necessarily be limited to:
(1)
Registration and disclosure procedures and requirements mandated by §
47-18-1304
;
(2)
Identification and statement of current, applicable federal and state labeling and posting requirements, compliance with which is mandated by §
47-18-1304
;
(3)
Identification and statement of current, applicable ASTM standards or federal standards, compliance with which is mandated by §
47-18-1304
; and
(4)
Description of any deviations from ASTM standards, permitted by the department without imposition of sanction, in order to equitably reflect the margin of error for test analyses.
(c)
A person who is aggrieved by a proposed departmental order to enforce this part, or any rule promulgated under the authority of this part, shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act. Except under circumstances in which the public health or safety would be jeopardized by delay, any such hearing shall be conducted prior to the time at which an administrative fine is imposed or a stop-sale order becomes effective.
Acts 1989, ch. 397, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1310 - Report to governor and general assembly

Each year, on or before September 15, the commissioner shall distribute to the governor and to the chairs of the transportation committee of the house of representatives and the transportation and safety committee of the senate a report entitled, "Annual Report on the Quality of Kerosene and Motor Fuel in Tennessee." The report shall summarize, for the preceding fiscal year, the activities of the department in performing the duties and responsibilities assigned by this part. The report shall identify:
(1)
The total number of inspections performed and samples collected by the department;
(2)
The total number of inspections performed and samples respectively collected from refiners, blenders, storage facilities, transporters, wholesalers, retailers and others;
(3)
The results of inspections and tests conducted, including the number and categories of violations as well as enforcement activities undertaken with respect to such violations;
(4)
The geographical distribution by county of violations;
(5)
The number and categories of consumer complaints, alleging violations of this part, received by the department;
(6)
A summary of investigations conducted in response to consumer complaints;
(7)
The costs of conducting the inspection and testing program;
(8)
Legislative recommendations for improving compliance with this part;
(9)
Other information that would be useful in evaluating the quality of kerosene and motor fuel in Tennessee; and
(10)
Other information that would be useful in evaluating programmatic effectiveness and efficiency.
Amended by 2013 Tenn. Acts, ch. 236,s 92, eff. 4/19/2013.
Acts 1989, ch. 397, § 10; 1995, ch. 189, § 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 13 - KEROSENE AND MOTOR FUELS QUALITY INSPECTION (§§ 47-18-1301 — 47-18-1311) › Section 47-18-1311 - Funding

Implementation and administration of this part shall be subject to an annual appropriation for such purpose as contained within the general appropriations act. The commissioner of finance and administration shall transfer from highway user tax revenues allocated to the highway fund an amount sufficient to support the annual appropriation for implementation and administration of this part.
Acts 1989, ch. 397, § 12.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 14 - CONSUMER PROTECTION WARRANTY EXTENSION (§§ 47-18-1401 — 47-18-1404) › Section 47-18-1401 - Short title

This part shall be known and may be cited as the "Tennessee Consumer Protection Warranty Extension Act."
Acts 1989, ch. 450, § 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 14 - CONSUMER PROTECTION WARRANTY EXTENSION (§§ 47-18-1401 — 47-18-1404) › Section 47-18-1402 - Warranty extension period

Any written warranty or service contract purchased in this state on or after July 1, 1989, and in effect when there is a failure of the product under such written warranty or service contract shall be extended as follows:
(1)
The number of days the consumer is deprived of the use of the product by reason of the product being in repair; plus
(2)
Two (2) additional working days.
Acts 1989, ch. 450, § 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 14 - CONSUMER PROTECTION WARRANTY EXTENSION (§§ 47-18-1401 — 47-18-1404) › Section 47-18-1403 - Working days - Definition

For the purposes of this part, working days shall not include Saturdays, Sundays or legal holidays pursuant to §
15-1-101
.
Acts 1989, ch. 450, § 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 14 - CONSUMER PROTECTION WARRANTY EXTENSION (§§ 47-18-1401 — 47-18-1404) › Section 47-18-1404 - Applicability

This part shall not apply to a written warranty or a service contract for a new or used motor vehicle.
Acts 1989, ch. 450, § 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 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1501 - Short title - Part definitions

(a)
This part shall be known as the "Consumer Telemarketing Protection Act of 1990."
(b)
As used in this part, unless the context otherwise requires:
(1)
"ADAD equipment" means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed;
(2)
"Commission" means the Tennessee public utility commission, created by §
65-1-101
; and
(3)
"Telephone access line" means any seven-digit telephone number for each call to which a fee is charged.
Amended by 2017 Tenn. Acts, ch. 94,s 36, eff. 4/4/2017.
Acts 1990, ch. 874, § 1; 1995, ch. 305, § 103.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1503 - Registration requirements - Issuance and revocation of permits

(a)
Prior to the utilization of ADAD equipment to call telephone numbers located in this state, any company or individual utilizing this equipment shall register the following with the commission to receive a permit as provided in this part:
(1)
Name, address and telephone number of the company or individual utilizing the equipment;
(2)
Name and address of a designated agent for service of process located in Tennessee for the ADAD operator;
(3)
A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars ($10,000) to be maintained continuously in full force and effect. The commission may waive the bond requirement for any operator demonstrating financial responsibility by the submission of a letter of credit from an accredited financial institution or by other means as the commission by rule may prescribe.
(b)
The commission shall promulgate rules and regulations to govern the issuance of and the revocation or suspension of permits for ADAD operators utilizing equipment to call telephone numbers located in Tennessee.
(c)
Failure to obtain a permit from the commission prior to utilization of ADAD equipment to call numbers located in Tennessee, and failure to abide by commission rules governing ADAD operations is a violation of this part.
Amended by 2017 Tenn. Acts, ch. 94,s 37, eff. 4/4/2017.
Acts 1990, ch. 874, § 3; 1995, ch. 305, § 104.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1504 - Unlawful to connect ADAD equipment to telephone line without permit - Renewal of permit

(a)
It is unlawful for any person to connect any ADAD equipment to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the commission.
(b)
Any person desiring to use ADAD equipment in this state shall make application for a permit to the commission on forms prescribed by the commission, and shall pay a fee as prescribed by the commission for such permit. Permits shall be renewed biennially as prescribed by the commission and upon payment of a renewal fee. The fees charged shall cover the administrative cost for the issuance of such permits.
(c)
Permits shall be subject to suspension or revocation by the commission for any violation of this part.
Amended by 2017 Tenn. Acts, ch. 94,s 38, eff. 4/4/2017.
Acts 1990, ch. 874, § 4; 1995, ch. 305, § 104.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1505 - Unlawful use of telephone access line

It is unlawful for any person making use of a telephone access line to use, to employ or direct another person to use, or to contract for the use of ADAD equipment or the United States mail for the purpose of soliciting any person to call such telephone access line.
Acts 1990, ch. 874, § 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 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1506 - Telephone companies and cooperatives - Withdrawal of access to a telephone access line

No telephone company or cooperative shall provide access to a telephone access line to any person who solicits calls to such number through the use of ADAD equipment or through the use of the United States mail. A telephone company or cooperative shall, upon the order of the commission, withdraw access to a telephone access line from any person if calls to such number are solicited by ADAD equipment or through the use of the United States mail.
Amended by 2017 Tenn. Acts, ch. 94,s 39, eff. 4/4/2017.
Acts 1990, ch. 874, § 6; 1995, ch. 305, § 104.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1507 - Permissible use of ADAD equipment

Nothing in this part shall prohibit the use of ADAD equipment to make calls with recorded messages when such calls:
(1)
Are made in response to calls initiated by the person to whom the automatic call or recorded message is directed;
(2)
Concern goods or services that have been previously ordered or purchased;
(3)
Relate to collection of lawful debts; or
(4)
Are made by a public school, kindergarten through grade twelve (K-12), as part of a program to regulate and control absenteeism of students.
Acts 1990, ch. 874, § 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 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1508 - Penalty - Criminal

Any person who violates any provision of §§
47-18-1502
- 47-18-1504 commits a Class A misdemeanor.
Acts 1990, ch. 874, § 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 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1509 - Injunctive relief - Recovery of damages

(a)
The district attorney general of the county in which or from which automated calls in violation of this part are made may seek injunctive relief to enforce this part and recover such statutory damages and attorney's fees as are set out in §
47-18-1510
.
(b)
Any individual or group of individuals receiving such automated calls may also seek injunctive relief to enforce this part on behalf of others similarly situated.
Acts 1990, ch. 874, § 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 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1510 - Penalty - Civil

(a)
If an individual or corporation is found to be in violation of this part in a civil action, a court shall assess a civil penalty against the offending party in the amount of one thousand dollars ($1,000) for each call made in violation of this part.
(b)
Any civil penalty collected pursuant to this section shall be paid into the general fund of the state. The prevailing party in the cause shall be entitled to necessary expenses and reasonable attorney's fees.
Acts 1990, ch. 874, § 10.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1511 - Offense of using ADAD equipment to intentionally conceal or misrepresent telephone number of the equipment - Exceptions

(a)
It is an offense for any person to utilize any ADAD equipment to intentionally:
(1)
Dial telephone numbers with area codes within the state; and
(2)
Conceal or misrepresent the telephone number utilized by the ADAD equipment on the call recipient's telephone or other equipment that is technically capable of displaying the number by:
(A)
Displaying a telephone number other than the telephone number utilized by the ADAD equipment;
(B)
Not displaying the telephone number utilized by the ADAD equipment; or
(C)
Displaying an "unknown number" message or similar message instead of the telephone number utilized by the ADAD equipment.
(b)
A violation of this section is a Class A misdemeanor punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation. For purposes of criminal liability, a court shall deem each call made in violation of this section as a separate offense.
(c)
It shall not be a violation of this section to display a phone number, different from the phone number being utilized by the ADAD equipment, on behalf of a person if:
(1)
The phone number displayed on behalf of the person has a Tennessee area code or is a toll-free number;
(2)
The phone number displayed on behalf of the person is answered during regular business hours by a designated representative of such person; and
(3)
The person's name is displayed along with the phone number described in subdivisions (c)(1) and (2).
(d)
The offenses described in this section shall not apply to a telecommunications, broadband, or voice-over-Internet services provider acting solely as an intermediary for a transmission of telephone service between a caller and a recipient.
Acts 2010, ch. 684, § 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 15 - CONSUMER TELEMARKETING PROTECTION (§§ 47-18-1501 — 47-18-1527) › Section 47-18-1527 - Credit card charges by telephone solicitation permitted - Unauthorized charges - Refund

(a)
Credit card companies may offer services charged to a credit card to a cardholder by telephone solicitation and such cardholder may elect to authorize or refuse such services.
(b)
If the cardholder does not authorize such services, the cardholder shall notify the credit card company of any unauthorized charges that appear on such cardholder's credit card statement within three (3) months of initial billing for such services.
(c)
If the cardholder notifies the credit card company during the three-month period that such consumer did not authorize the services and the credit card company cannot provide proof of authorization by such consumer, the credit card company shall refund an amount equal to a minimum of three (3) months charges for services.
(d)
If the cardholder notifies the credit card company during the three-month period that such consumer did not authorize the services and the credit card company is able to prove authorization by such cardholder, no refund shall be issued by the credit card company.
Acts 1998, ch. 859, § 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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1601 - [Renumbered]

Renumbered as 4-49-201 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1602 - [Renumbered]

Renumbered as 4-49-202 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 173, s 1, eff. 4/23/2019.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1603 - [Renumbered]

Renumbered as 4-49-203 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1604 - [Renumbered]

Renumbered as 4-49-204 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1605 - [Renumbered]

Renumbered as 4-49-205 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1606 - [Renumbered]

Renumbered as 4-49-206 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1607 - [Renumbered]

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1608 - [Renumbered]

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1609 - [Renumbered]

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1610 - [Renumbered]

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1611 - [Renumbered]

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 16 - FANTASY SPORTS ACT (§§ 47-18-1601 — 47-18-1612) › Section 47-18-1612 - [Renumbered]

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
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 17 - EMPLOYMENT AGENCIES (§§ 47-18-1701 — 47-18-1708) › Section 47-18-1701 - Short title

This part shall be known as and may be cited as the "Tennessee Employment Agency Act."
Acts 1996, ch. 731, § 2.