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 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5537 - Statute of limitations

(a)
An action or proceeding brought pursuant to §
47-18-5533(a), (b), or (c)
shall be commenced within four (4) years after the administrator opens a complaint.
(b)
An action brought pursuant to §
47-18-5535
must be commenced within two (2) years after the latest of:
(1)
The individual's last transmission of money to a provider;
(2)
The individual's last transmission of money to a creditor at the direction of the provider;
(3)
The provider's last disbursement to a creditor of the individual;
(4)
The provider's last accounting to the individual pursuant to §
47-18-5527(a)
;
(5)
The date on which the individual discovered or reasonably should have discovered the facts giving rise to the individual's claim; or
(6)
Termination of actions or proceedings by the administrator with respect to a violation of the part.
(c)
The period prescribed in subdivision (b)(5) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this part to be disclosed to the individual, if the information so misrepresented is material to the establishment of the liability of the defendant under this part.
Amended by 2015 Tenn. Acts, ch. 339,s 29, eff. 7/1/2015.
Acts 2009, ch. 469, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5538 - Uniformity of application and construction

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2009, ch. 469, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5539 - Relation to Electronic Signatures in Global And National Commerce Act

This part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. § 7001
et seq., but does not modify, limit or supersede § 101(c) of that act, codified in
15 U.S.C. § 7001(c)
, or authorize electronic delivery of any of the notices described in § 103(b) of that act, codified in
15 U.S.C. § 7003(b)
.
Acts 2009, ch. 469, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5540 - Transitional provisions - Application to existing transactions

Transactions entered into before this part takes effect and the rights, duties and interests resulting from them may be completed, terminated or enforced as required or permitted by a law amended, repealed or modified by this part as though the amendment, repeal or modification had not occurred.
Acts 2009, ch. 469, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5541 - Severability

If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.
Acts 2009, ch. 469, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5542 - Transfer of administration to division of regulatory boards

Beginning on July 1, 2015, administration of this part on behalf of the administrator shall be attached to the division of regulatory boards in the department of commerce and insurance.
Added by 2015 Tenn. Acts, ch. 339,s 30, eff. 7/1/2015.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 55 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 47-18-5501 — 47-18-5543) › Section 47-18-5543 - 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 Uniform Debt-Management Services Act and the Tennessee Credit Services Businesses Act, compiled in part 10 of this chapter, into a single fund for the purpose of administering the acts.
Added by 2021 Tenn. Acts, ch. 144,s 2, 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 56 - AIR AMBULANCE MEMBERSHIP AGREEMENT (§§ 47-18-5601 — 47-18-5604) › Section 47-18-5601 - Part definitions

As used in this part:
(1)
"Air ambulance membership agreement":
(A)
Means an agreement in exchange for consideration to pay for, indemnify, or provide an amount to a person for the cost of air ambulance services; and
(B)
Does not include a health insurance plan or policy regulated under title 56;
(2)
"Air ambulance membership organization" means an individual or entity that provides an air ambulance membership agreement; and
(3)
"Consumer protection division" or "division" means the consumer protection division of the office of the attorney general and reporter.
Added by 2023 Tenn. Acts, ch. 148,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 56 - AIR AMBULANCE MEMBERSHIP AGREEMENT (§§ 47-18-5601 — 47-18-5604) › Section 47-18-5602 - Air ambulance membership restrictions - Notification requirements

(a)
An air ambulance membership organization shall not knowingly sell, offer for sale, or provide an air ambulance membership agreement to an individual who is enrolled in TennCare Medicaid.
(b)
If an individual who has purchased an air ambulance membership agreement subsequently enrolls in TennCare Medicaid during the duration of the membership agreement, the enrollee shall notify the air ambulance membership organization of such enrollment within thirty (30) days following the effective date of the enrollment. If the enrollee timely notifies the air ambulance membership organization of such enrollment, the air ambulance membership organization shall provide the enrollee a pro-rated refund of any consideration paid for the period from the effective date of the TennCare Medicaid enrollment through the expiration date of the air ambulance membership agreement. If the enrollee does not timely notify the air ambulance membership organization of such enrollment, the enrollee is not entitled to a pro-rated refund, but the air ambulance membership organization shall still disenroll the enrollee within thirty (30) days of receipt of the notice of the enrollee's enrollment in TennCare Medicaid.
Added by 2023 Tenn. Acts, ch. 148, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 56 - AIR AMBULANCE MEMBERSHIP AGREEMENT (§§ 47-18-5601 — 47-18-5604) › Section 47-18-5603 - Marketing requirements - Required disclosures

(a)
All air ambulance membership agreement websites, brochures, and marketing material must include the following disclosures in at least twelve-point Times New Roman font, or, alternatively, a clear and conspicuous hyperlink that leads to the following disclosures:
(1)
The air ambulance membership agreement is a membership plan and is not insurance coverage;
(2)
TennCare Medicaid covers air ambulance transport services and requires no out-of-pocket expense by the enrollee for air ambulance transport services; and
(3)
Some state laws prohibit Medicaid beneficiaries from being offered air ambulance memberships or being accepted into air ambulance membership programs. If an individual submits an air ambulance membership agreement application, the applicant must attest to the fact that the applicant is not currently, nor plans to be, enrolled in Medicaid.
(b)
An air ambulance membership agreement application must include the following disclosures in at least twelve-point Times New Roman font:
(1)
The air ambulance membership agreement is a membership plan and is not insurance coverage;
(2)
TennCare Medicaid covers air ambulance transport services and requires no out-of-pocket expense by the enrollee for air ambulance transport services; and
(3)
Some state laws prohibit Medicaid beneficiaries from being offered air ambulance memberships or being accepted into air ambulance membership programs. By submitting this application, the applicant attests to the fact that the applicant is not currently, nor plans to be, enrolled in Medicaid. If the applicant is not currently enrolled in Medicaid, but becomes enrolled at any time during the duration of the membership agreement, then the applicant must notify the air ambulance membership organization within thirty (30) days. If the applicant timely notifies the air ambulance membership organization of such enrollment, then the air ambulance membership organization must provide the applicant a pro-rated refund of any consideration paid for the air ambulance membership agreement.
Added by 2023 Tenn. Acts, ch. 148, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 56 - AIR AMBULANCE MEMBERSHIP AGREEMENT (§§ 47-18-5601 — 47-18-5604) › Section 47-18-5604 - Violation - Remedies

(a)
If an enrollee believes that an individual or entity has violated this part, then the enrollee may submit a complaint to the consumer protection division.
(b)
If the consumer protection division finds that an individual or entity has violated this part, then the division may seek any remedies available pursuant to the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter.
Added by 2023 Tenn. Acts, ch. 148, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 57 - PROTECTING CHILDREN FROM SOCIAL MEDIA ACT (§§ 47-18-5701 — 47-18-5706) › Section 47-18-5701 - [Effective 1/1/2025] Short title

This part is known and may be cited as the "Protecting Children from Social Media Act.
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 57 - PROTECTING CHILDREN FROM SOCIAL MEDIA ACT (§§ 47-18-5701 — 47-18-5706) › Section 47-18-5703 - [Effective 1/1/2025] Age requirements for use of social media platforms

(a)
(1)
A social media company shall verify the age of an individual who attempts to become an account holder, at the time the individual attempts to become an account holder.
(2)
(A)
If the individual is a minor, then the social media company must verify the express parental consent for the minor to become an account holder.
(B)
A social media company shall prohibit a minor from becoming an account holder unless the social media company has the express consent of the minor's parent to allow the minor to become an account holder.
(3)
Once age and parental consent, if applicable, have been verified to confirm that an individual may become an account holder, then the social media company is not required to reverify the individual's age and parental consent, unless parental consent is revoked.
(b)
A social media company shall allow a parent to revoke consent for a minor to become or continue as an account holder.
(c)
A social media company or third party shall not retain personally identifying information that was used to verify age or parental consent.
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 57 - PROTECTING CHILDREN FROM SOCIAL MEDIA ACT (§§ 47-18-5701 — 47-18-5706) › Section 47-18-5704 - [Effective 1/1/2025] Parental supervision

A social media company shall provide a minor account holder's parent with means for the parent to supervise the minor's account. Such means must include options for the parent to view privacy settings on the account, set daily time restrictions, and implement breaks during which the minor cannot access the account.
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 57 - PROTECTING CHILDREN FROM SOCIAL MEDIA ACT (§§ 47-18-5701 — 47-18-5706) › Section 47-18-5705 - [Effective 1/1/2025] Enforcement

(a)
If the attorney general and reporter believes that a social media company is engaged in, has engaged in, or is about to engage in an act or practice prohibited by this part and that proceedings would be in the public interest, then the attorney general and reporter may.
(1)
Conduct an investigation in the same manner as provided in § 47-18106; and
(2)
Bring an action in the same manner as provided in § 47-18-108; in any such action, the attorney general and reporter may recover the penalties and other relief authorized under § 47-18-108.
(b)
The powers and remedies provided in this section are cumulative and supplementary to all other powers and remedies otherwise provided by law. The invocation of one (1) power or remedy in this part does not exclude or prohibit the use of another available remedy.
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 57 - PROTECTING CHILDREN FROM SOCIAL MEDIA ACT (§§ 47-18-5701 — 47-18-5706) › Section 47-18-5706 - [Effective 1/1/2025] Waiver prohibited

(a)
A waiver or limitation, or a purported waiver or limitation, of the following is void as unlawful and against public policy:
(1)
A protection or requirement provided under this part; and
(2)
The right to cooperate with the attorney general and reporter or another law enforcement agency.
(b)
A court, arbitrator, or tribunal shall not enforce or give effect to a waiver or limitation described in subsection (a), notwithstanding a contract or choice of law provision in a contract.
Added by 2024 Tenn. Acts, ch. 899,s 1, eff. 1/1/2025.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 1 - UNSOLICITED CREDIT CARDS AND UNAUTHORIZED USE (§§ 47-22-101 — 47-22-104) › Section 47-22-101 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Credit card" means any card, token, or similar identification device which is issued for the purpose of obtaining money, services, or merchandise pursuant to a credit arrangement;
(2)
"Person" means any individual, corporation, agency, business association, or similar group;
(3)
"Unauthorized use of a credit card" means the use of a credit card by any person other than the person to whom it was issued or persons to whom the person has entrusted it; and
(4)
"Unsolicited credit card" means any credit card issued without an application or other authorization from the person to whom it is issued; provided, that a credit card issued to renew or replace a credit card previously issued by the issuer or the predecessor of the issuer and previously applied for, paid for, or used by the person to whom issued shall not be deemed to be an "unsolicited credit card."
Acts 1970, ch. 486, § 1; T.C.A., § 47-15-115.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 1 - UNSOLICITED CREDIT CARDS AND UNAUTHORIZED USE (§§ 47-22-101 — 47-22-104) › Section 47-22-102 - Unsolicited credit card - Effect

(a)
If an unsolicited credit card is issued to any person in this state, such person shall not be deemed as having accepted the credit card and being subject to the terms of the agreement governing the use of the credit card, and shall not be liable for its unauthorized use by failing to return the credit card to the issuer.
(b)
If the agreement governing the use of the card so provides, use of the card or retention of the card with intention to use it by either the person to whom it was issued or anyone to whom the person entrusts it will result in the person to whom the card was issued being subject to the terms of the agreement and liable for its unauthorized use.
Acts 1970, ch. 486, § 2; T.C.A., § 47-15-116.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 1 - UNSOLICITED CREDIT CARDS AND UNAUTHORIZED USE (§§ 47-22-101 — 47-22-104) › Section 47-22-103 - Unauthorized use of credit card - Liability

(a)
Any person who has assumed liability for a credit card, either by authorizing its issuance, or as provided in §
47-22-102
, and who exercises reasonable care in its use and safekeeping, shall not be liable for the unauthorized use of such card.
(b)
(1)
"Reasonable care" within the meaning of this section requires the person to whom a credit card has been issued to notify promptly the issuer in case of a card which has been lost or stolen.
(2)
However, failure to notify the issuer shall not result in the liability of more than one hundred dollars ($100) in the unauthorized use of the credit card.
(c)
Nothing in this chapter will relieve the card holder of liability if guilty of fraud, misrepresentation, gross negligence, or collusion.
Acts 1970, ch. 486, § 3; T.C.A., § 47-15-117.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 1 - UNSOLICITED CREDIT CARDS AND UNAUTHORIZED USE (§§ 47-22-101 — 47-22-104) › Section 47-22-104 - Payment by check - Identification - Use of credit card information - When prohibited - When permissible - Damages

(a)
As used in this section, "person" means any individual, corporation, partnership or association.
(b)
Except as otherwise provided in subsection (e), no person shall, as a means of identification or for any other purpose, require that a person produce a credit card number for recordation or record a credit card number in connection with:
(1)
A sale of goods or services in which a purchaser pays by check; or
(2)
The acceptance of a check.
(c)
A person aggrieved by a violation of this section shall be entitled to institute an action to recover such person's actual damages or one hundred dollars ($100), whichever is greater. Such action shall be brought in the general sessions or circuit court, whichever is appropriate, of the county wherein the defendant resides or has a place of business. In the event the aggrieved party prevails, such party may be awarded reasonable attorney's fees and court costs in addition to any damages awarded.
(d)
This section shall not be construed to:
(1)
Impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of such employee's or agent's employer;
(2)
Prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded; or
(3)
Require acceptance of a check, whether or not a credit card is presented.
(e)
A person may require production of and may record a credit card number as a condition for cashing or accepting a check only where:
(1)
The person requesting the card number has agreed with the issuer of the card to cash checks as a service to the issuer's cardholders;
(2)
The issuer of the card has agreed to guarantee cardholder checks cashed by that person; or
(3)
The cardholder has given actual, apparent or implied authority for use of such cardholder's card number in this manner and for this purpose.
Acts 1991, ch. 229, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 2 - TERMINATION OF CREDIT CARDS (§§ 47-22-201 — 47-22-204) › Section 47-22-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Account" means the account between a card issuer and one (1) or more cardholders reflecting the outstanding balance of card transactions;
(2)
"Account agreement" means the contract between the card issuer and the cardholder(s) governing the parties' respective rights and obligations respecting the account and transactions effected thereunder;
(3)
"Card issuer" or "issuer" means a person doing business in Tennessee that issues a credit card or that person's agent or assignee with respect to the card;
(4)
"Card transaction" or "transaction" means a cash advance, purchase, or other extension of credit effected or obtained by means of a credit card or account number;
(5)
"Card user" means any person authorized by the card issuer and all cardholders on an account to use a card pertaining to the account, but who is not obligated on the account of the issuer;
(6)
"Cardholder" means a natural person residing in Tennessee who has agreed with a card issuer to pay debts arising from card transactions, whether the card used in such transactions has been issued to the cardholder or to another person;
(7)
"Credit card" or "card" means any card, plate, coupon book or other single credit device that is issued primarily for consumer credit purposes and that may be used from time to time to obtain credit, including, but not limited to, a card that may be used to effect transactions governed by chapter 11 of this title; and
(8)
"Multiple-party account" means any account under which two (2) or more cardholders, or one (1) or more cardholders and one (1) or more card users, may effect card transactions.
Acts 1989, ch. 216, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 2 - TERMINATION OF CREDIT CARDS (§§ 47-22-201 — 47-22-204) › Section 47-22-202 - Cardholder's termination of account - Means

(a)
A cardholder may terminate a multiple-party account to which the cardholder is a party by:
(1)
Delivery to the issuer of written notice of termination, which shall include:
(A)
The account number;
(B)
The name(s) and current address(es) of all cardholders and card users on the account; and
(C)
The cardholder's certification that the cardholder has sent or delivered a copy of the notice to each cardholder and card user;
(2)
Sending or delivering a copy of the notice to each other cardholder and to each card user;
(3)
Unless the issuer otherwise agrees, payment in full of the current balance of the account reflected on the most recent billing statement for the account sent by the issuer or, if less, the actual balance then outstanding; and
(4)
Surrender to the issuer of all cards in the cardholder's possession or control.
(b)
The terminating cardholder's failure to comply with subsection (a) shall not subject the card issuer to any liability as a result of any action or nonaction in reliance on the notice of termination.
(c)
If the cardholder's account is not a multiple-party account, the cardholder may terminate it by delivery of written notice of termination, which need merely state the account number and the cardholder's intention to terminate, and surrender of all cards in the cardholder's possession or control.
Acts 1989, ch. 216, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 2 - TERMINATION OF CREDIT CARDS (§§ 47-22-201 — 47-22-204) › Section 47-22-203 - Notice of cardholder's termination of account

A cardholder's notice of termination is delivered to the issuer when received at the address designated in the card issuer's most recent billing statement for receipt of notices of billing errors, or, if no such address is designated, at the address designated therein for receipt of payments on the account.
Acts 1989, ch. 216, § 4.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 2 - TERMINATION OF CREDIT CARDS (§§ 47-22-201 — 47-22-204) › Section 47-22-204 - Effect of termination of account - Effective date - Liability

(a)
Termination by a cardholder of an account is effective on the second business day (as to the card issuer) following delivery to the issuer of the notice of termination or on such later date as is specified in the notice. From and after termination, no cardholder or card user may initiate transactions under the account, and each cardholder, other than the terminating cardholder, and each card user shall surrender all cards in that person's possession or control to the issuer immediately upon receiving a copy of the notice of termination.
(b)
Termination of an account relieves the issuer of any obligation to extend credit in a card transaction under the account regardless of when the transaction is initiated and, except as provided in subsection (c), relieves each cardholder of any further liability respecting the account.
(c)
Notwithstanding termination, each cardholder is liable for:
(1)
All transactions initiated by any cardholder or card user prior to the effective date of termination;
(2)
All transactions initiated at any time by or with the authorization of the cardholder against whom the issuer asserts liability, but no cardholder other than the initiating or authorizing cardholder shall be liable for such transaction; and
(3)
All transactions initiated by any card user at any time.
(d)
The account agreement shall remain applicable to any transaction initiated on or after the termination date for which a cardholder is liable, except that the outstanding balance of all such transactions shall, unless the issuer elects otherwise, be due and payable in full.
Acts 1989, ch. 216, § 5.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 3 - [Creditor's Records] (§§ 47-22-301 — 47-22-302) › Section 47-22-302 - Records that are considered records of regularly conducted activity for evidentiary purposes

(a)
A creditor's records shall include, but are not limited to, written or electronic records of an original creditor, issuer, or succeeding creditor that have been acquired by the creditor through a contractual agreement, an account purchase transaction or assignment in the creditor's regularly conducted business and such records are:
(1)
Incorporated as a business duty into the records of the creditor's regularly maintained records; and
(2)
Relied upon in the creditor's regularly conducted business activity.
(b)
(1)
Except as provided in subdivision (b)(2), records described in subsection (a) shall be considered records of the creditor and the creditor's records custodian may testify with respect to such records as if they are records of the creditor.
(2)
Subdivision (b)(1) shall not apply if the source of information or the method or circumstances of preparation indicate the records described in subsection (a) lack trustworthiness.
(c)
The records described in this section may be submitted as records of regularly conducted activity pursuant to Rule 803(6) of the Tennessee Rules of Evidence.
Added by 2013 Tenn. Acts, ch. 186,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 4 - PAYMENT SERVICES (§§ 47-22-401 — 47-22-405) › Section 47-22-402 - Information required to be provided by payment acquirer contracting directly with merchant to provide payment services

Any payment acquirer that contracts directly with a merchant to provide payment services shall:
(1)
Provide the merchant with information indicating where the merchant may obtain access to the operating rules, regulations, and bylaws applicable under the agreement with the merchant; provided, however, nothing in this subdivision (1) shall require access by the merchant to information made proprietary or confidential by law or contract;
(2)
Disclose the following information in any agreement with the merchant:
(A)
The effective date of the agreement;
(B)
The term of the agreement;
(C)
The provisions for early termination or cancellation of the agreement, if any; and
(D)
A complete schedule of all payment services fees applicable to the credit card, debit card, or other payment card services under the agreement; and
(3)
At the regular period agreed upon by the payment acquirer and the merchant, but not less than monthly, promptly supply the merchant with a statement, which may be electronic, that includes:
(A)
An itemized list of all payment services fees assessed since the previous statement;
(B)
The total value of the transactions processed by the payment acquirer for the merchant during the statement period; and
(C)
If the payment acquirer is not a bank holding company, an indication of the aggregate fee percentage, which shall be calculated by dividing the sum of all payment services fees accrued during the statement period by the total value of the transactions processed by the payment acquirer for the merchant during the statement period.
Added by 2015 Tenn. Acts, ch. 175,s 1, eff. 1/1/2016.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 4 - PAYMENT SERVICES (§§ 47-22-401 — 47-22-405) › Section 47-22-403 - Remedies of merchant for noncompliance by payment acquirer

(a)
If a payment acquirer fails to comply with §
47-22-402
, the merchant may terminate the agreement; provided, however, prior to terminating the agreement, the merchant shall provide the payment acquirer written notice of the payment acquirer's failure to comply with §
47-22-402
. The notice required by this subsection (a) shall specify the information the merchant requests under §
47-22-402
. If the agreement sets out the manner by which notice pursuant to this subsection (a) shall be given, the terms of the agreement as to the manner in which the notice shall be given shall control.
(b)
If noncompliance is based on a failure to disclose information described in §
47-22-402(1) or (3)
, the payment acquirer shall be given thirty (30) days from the date notice was provided to the payment acquirer pursuant to subsection (a) to comply with §
47-22-402
and provide the information. Notwithstanding subsection (a), if the payment acquirer complies with §
47-22-402(1) or (3)
within the thirty-day period, the merchant shall not be allowed to terminate the agreement pursuant to this section.
Added by 2015 Tenn. Acts, ch. 175,s 1, eff. 1/1/2016.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 4 - PAYMENT SERVICES (§§ 47-22-401 — 47-22-405) › Section 47-22-404 - Information to be included in contract between payment processor and merchant leasing payment card processing devices

(a)
Except as otherwise provided in subsection (b), any person that contracts with a merchant to lease a device that enables credit card, debit card, or other payment card processing shall ensure that the written contract between the payment processor and merchant clearly and conspicuously includes the following information:
(1)
The cost to lease the device on a monthly basis;
(2)
A reasonable approximation of the total cost to lease the device over the term of the lease calculated by multiplying the monthly lease cost by the term; provided, however, the total cost shall not include:
(A)
Any obligation due a governmental body; or
(B)
Any fees or charges incurred by the merchant due to the merchant's noncompliance with the terms of the contract;
(3)
The minimum time period for which the device may be leased; and
(4)
If an option to purchase the device is available:
(A)
The total cost to purchase the device outright if the merchant were to purchase the device at the time the contract is entered into; or
(B)
A toll-free telephone number that the merchant may use in order to learn the total cost to purchase the device outright or to buy out the lease agreement.
(b)
The information required in subdivisions (a)(1)-(4) shall be either:
(1)
Printed clearly and conspicuously on the written contract in at least fourteen-point bold font; or
(2)
Handwritten clearly and conspicuously in an appropriately designated blank space on a preprinted form contract.
Added by 2015 Tenn. Acts, ch. 218, s 1, eff. 1/1/2016.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 22 - CREDIT CARDS (§§ 47-22-101 — 47-22-405) › Part 4 - PAYMENT SERVICES (§§ 47-22-401 — 47-22-405) › Section 47-22-405 - Termination by merchant for noncompliance with 47-22-404

If a person fails to comply with §
47-22-404
, the merchant may terminate the contract with the person to lease a device that enables credit card, debit card, or other payment card processing.
Added by 2015 Tenn. Acts, ch. 218, s 1, eff. 1/1/2016.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 23 - DUTIES OF MORTGAGEE OR LENDER (§§ 47-23-101 — 47-23-106) › Section 47-23-101 - Insurance information confidential

(a)
(1)
When a borrower is required to keep real estate insured and to furnish evidence of such insurance to a lender as a condition for obtaining or keeping the loan, then the lender, mortgagee, assignee, or creditor is prohibited from disclosing to other persons or parties, directly or indirectly, information with respect to the expiration dates of such insurance or other insurance policy information so as to enable any person or party to solicit the insurance or any renewal thereof, without first obtaining the written consent of the policyholder for such disclosure to be made.
(2)
No other person or party shall request the disclosure of such information, so as to facilitate solicitations of the insurance or any renewal thereof, without first obtaining the written consent of the policyholder.
(3)
No lender, mortgagee, assignee, or creditor shall use any of the information contained in a policy of insurance for the purpose of soliciting insurance business with respect to the insured real property from the borrower.
(b)
These prohibitions do not apply when the lender, mortgagee, assignee, or creditor has been advised in writing by the insurer or its agent that the insurance on the property will be cancelled or will not be renewed.
(c)
A willful violation of this section by any lender, mortgagee, assignee, or creditor or by any other person or party who may request the disclosure of such information from such lender, mortgagee, assignee, or creditor is a Class A misdemeanor.
Acts 1975, ch. 144, §§ 1-3; Acts 1989, ch. 591, §§ 1, 6; T.C.A., §§ 47-15-118 -- 47-15-120, 47-23-101 -- 47-23-103.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 23 - DUTIES OF MORTGAGEE OR LENDER (§§ 47-23-101 — 47-23-106) › Section 47-23-102 - Purchase of insurance by mortgagee

(a)
(1)
When a borrower is required to keep real estate insured and to furnish evidence of such insurance to a lender or creditor as a condition for obtaining or keeping the loan, then the lender, mortgagee, assignee, creditor, or any person acting on that person's behalf, who receives and holds funds for the purpose of obtaining or renewing such insurance coverage, shall be required to purchase such coverage as instructed by the borrower or the borrower's agent, if such coverage is reasonably available, to the extent of the funds supplied, but in no event later than ten (10) days after expiration of the existing coverage.
(2)
The lender, mortgagee, assignee, creditor, or any person acting on that person's behalf shall have the right to select acceptable insurance companies as the commissioner of commerce and insurance has provided by rule.
(b)
(1)
Whenever the commissioner has reason to believe that any person has followed a practice or procedure in violation of this section, the attorney general and reporter, at the request of the commissioner, may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary injunction, or permanent injunction the commission of such violations.
(2)
The court may make such orders or render such judgments as may be necessary to make whole any person or class of persons who have suffered an ascertainable loss by reason of the violation of this section. The court may also enter an order temporarily or permanently revoking a license or certificate authorizing that person to engage in business in this state if the court finds knowing and persistent violations of this section. In the event that no such license or certificate exists, then the court may enter an order temporarily or permanently enjoining that person from doing business in this state.
Acts 1981, ch. 356, §§ 1, 2; T.C.A., §§
47-23-104
--
47-23-105
.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 23 - DUTIES OF MORTGAGEE OR LENDER (§§ 47-23-101 — 47-23-106) › Section 47-23-106 - Creditor to notify debtor of creditor's change of address

(a)
Each creditor shall notify its debtors of the creditor's change of address, within fifteen (15) days of such change of address, if failure to so notify may result in a debtor being assessed late charges or additional interest for failure to timely submit payment.
(b)
Each violation of subsection (a) constitutes an unfair and deceptive act and shall be subject to the procedures and penalties prescribed by chapter 18, part 1 of this title.
(c)
This section shall be enforced by the attorney general and reporter, in accordance with the procedures prescribed by chapter 18, part 1 of this title.
Amended by 2019 Tenn. Acts, ch. 459,s 53, eff. 9/30/2019.
Acts 1987, ch. 400, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 24 - EQUITY PARTICIPATIONS (§§ 47-24-101 — 47-24-102) › Section 47-24-101 - Definition

"Equity participations" means loan transactions in which the lender, in addition to interest and other amounts received pursuant to and rights resulting from the loan transaction, has the right, subject to §
47-24-102
, to participate in the borrower's enterprise or venture to the extent described in a written agreement between the lender and the borrower, the participation including, but not limited to, having or exercising the right to acquire equity in the enterprise or venture, and having or exercising the right to receive a percentage of the rents, profits, revenues, sales or refinancing proceeds, or other similar assets represented by the borrower's enterprise or venture, as defined in the written agreement between the lender and the borrower; provided, that no equity participation in agricultural land shall be entered into nor shall any equity participation be secured in any part by agricultural land.
Acts 1981, ch. 173, § 1; 1986, ch. 821, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 24 - EQUITY PARTICIPATIONS (§§ 47-24-101 — 47-24-102) › Section 47-24-102 - Nature of transaction

(a)
A lender has the right to participate in the borrower's enterprise or venture to such extent as may be set forth in a written agreement between the lender and the borrower; provided, that the original principal amount of the funds advanced to the borrower pursuant to the loan transaction shall be not less than five hundred thousand dollars ($500,000), or, alternatively, that there shall be contemplated to be a series of advances of money aggregating not less than five hundred thousand dollars ($500,000).
(b)
The consideration or value received by the lender in any such participation, as distinct from interest received pursuant to the loan transaction, shall not be deemed to be interest, loan charges, commitment fees, or brokerage commissions for purposes of chapter 14 of this title, notwithstanding the fact that the parties may describe such consideration or value to be interest or other such charges in a written agreement between the parties.
(c)
Nothing herein shall be construed to limit, modify, or otherwise affect rights which the lender may have, including, but not limited to, foreclosure rights, pursuant to the loan transaction.
(d)
The lender shall not be deemed to be a partner or joint venturer with the borrower, or otherwise jointly liable as to the financing with the borrower, as a result of such participation, unless the agreement between the lender and borrower shall expressly make the lender so liable.
Acts 1981, ch. 173, § 2; 1986, ch. 821, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-NEW - [Newly enacted section not yet numbered]

(a)
A business associate shall not enter into a contract with a person or entity that includes terms that restrict a patient or the patient's representative from accessing the patient's electronic health records. Any contract clause or provision that restricts a patient's access to the patient's electronic health records is void and unenforceable.
(b)
It is an unlawful restraint of trade or commerce for a person to intentionally violate federal laws regulating information blocking, as that term is defined in
45 CFR § 171.103
, and such violations are subject to the same civil and criminal penalties as a violation of§ 47-25-101.
Added by 2024 Tenn. Acts, ch. 931,s 3, eff. 5/6/2024.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-101 - Agreements in restraint of trade

All arrangements, contracts, agreements, trusts, or combinations between persons or corporations made with a view to lessen, or which tend to lessen, full and free competition in trade or commerce affecting this state, and all arrangements, contracts, agreements, trusts, or combinations between persons or corporations designed or which tend to advance, reduce, or control the price or the cost to the producer or the consumer of any product or service in trade or commerce affecting this state, are declared to be against public policy, unlawful, and void.
Amended by 2024 Tenn. Acts, ch. 776,s 1, eff. 4/23/2024.
Acts 1891, ch. 218, § 1; 1903, ch. 140, § 1; Shan., § 3185; Code 1932, § 5880; T.C.A. (orig. ed.), § 69-101.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-102 - Monopolization

It is unlawful for any corporation or person to monopolize, attempt to monopolize, conspire to monopolize, or maintain a monopoly over any part of trade or commerce affecting this state.
Amended by 2024 Tenn. Acts, ch. 776,s 2, eff. 4/23/2024.
Acts 1927, ch. 60, § 1; Code 1932, § 5881; T.C.A. (orig. ed.), § 69-102.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-103 - Criminal penalties for violation of Section 47-25-101 or Section 47-25-102 - Prosecution

(a)
Any violation of either §
47-25-101
or §
47-25-102
is declared to be destructive of full and free competition and a conspiracy against trade, and any person who engages in any such conspiracy or who, as principal, manager, director, or agent, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or orders made in furtherance of such conspiracy, commits a Class E felony.
(b)
Any violation of §
47-25-101
or §
47-25-102
by a corporation shall upon conviction be punished by a fine not exceeding one million dollars ($1,000,000).
(c)
The attorney general and reporter has the power to institute criminal proceedings against persons and corporations for violations of §
47-25-101
or §
47-25-102
, that involve the award of a contract by the state. However, the attorney general and reporter has jurisdiction to institute criminal proceedings that involve violations on contracts awarded by political subdivisions of the state upon the written request of the local district attorney general.
Acts 1891, ch. 218, § 2; 1903, ch. 140, § 3; Shan., § 3186; Acts 1927, ch. 60, § 4; mod. Code 1932, § 5882; Acts 1981, ch. 530, §§ 1, 2; T.C.A. (orig. ed.), § 69-103; Acts 1989, ch. 591, § 41.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-104 - Statute of limitations

(a)
Section 28-1-113 applies to all actions brought by the attorney general and reporter under this part.
(b)
Section 28-3-105 applies to all actions brought by any other person under this part.
Amended by 2024 Tenn. Acts, ch. 776,s 3, eff. 4/23/2024.
Acts 1891, ch. 218, § 4; 1903, ch. 140, § 2; Shan., § 3188; mod. Code 1932, § 5883; T.C.A. (orig. ed.), § 69-104.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-105 - Construction

Where necessary to consider the competitive effects of conduct or an agreement challenged under this part, a court shall consider exclusively the actual or reasonably likely effects of the challenged conduct or agreement on full and free competition. A full and free competitive process advances consumer welfare, which is served by competition on dimensions of price, quality, innovation, output, and consumer choice. This section does not confer standing on, or serve as proof of damages as to, any party.
Amended by 2024 Tenn. Acts, ch. 776,s 4, eff. 4/23/2024.
Acts 1891, ch. 218, § 3; Shan., § 3187; Code 1932, § 5884; T.C.A. (orig. ed.), § 69-105.