(a) This section shall be known and may be cited as the “Government Impostor and Deceptive Advertisements Act.”

Terms Used In Tennessee Code 47-18-131

  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-103
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means any natural person who seeks or acquires by purchase, rent, lease, assignment, award by chance, or other disposition, any goods, services, or property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated or any person who purchases or to whom is offered for sale a franchise or distributorship agreement or any similar type of business opportunity. See Tennessee Code 47-18-103
  • Goods: means any tangible chattels leased, bought, or otherwise obtained for use by an individual primarily for personal, family, or household purposes or a franchise, distributorship agreement, or similar business opportunity. See Tennessee Code 47-18-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-103
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Services: means any work, labor, or services including services furnished in connection with the sale or repair of goods or real property or improvements thereto. See Tennessee Code 47-18-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Summons: Another word for subpoena used by the criminal justice system.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) For purposes of this section:

(1) “Advertisement” means any written, oral, graphic, or electronic statement, solicitation, marketing, illustration, label, or other depiction, including labeling that is designed or used to create interest in the purchasing of, or consideration for purchase, impart information about the attributes of, publicize the availability of, or affect the sale or use of, goods or services, whether the statement appears in a brochure, newspaper, magazine, free standing insert, marketing kit, leaflet, mailer, book insert, letter, catalogue, poster, chart, billboard, electronic mail, web site, or other digital form, slide, or on the radio, broadcast television, cable television, or commercial or infomercial whether live or recorded or elsewhere; and
(2) “Governmental entity” means all units, subdivisions, entities of state, federal, or local government, including, but not limited to, a board, a department, an office, an agency, a military veteran entity, or a military or veteran service organization by whatever name.
(c) The following unfair or deceptive acts or practices constitute a violation of this part:

(1) Using or employing in any manner an advertisement for purposes of selling goods or services that:

(A) Simulates a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind; or
(B) Represents, implies, or otherwise causes a likelihood of confusion that the person using or employing the advertisement is a part of or associated with a unit of any governmental entity, when such is not true;
(2) Representing, implying, or otherwise causing a likelihood of confusion that goods or services, an advertisement, or an offer was sent or distributed by or has been approved, authorized, or endorsed, in whole or in part, by a governmental entity, when such is not true;
(3) Using or employing language, symbols, logos, representations, statements, titles, names, seals, emblems, insignia, trade or brand names, business or control tracking numbers, web site or email addresses, or any other term, symbol, or content that represents or implies or otherwise causes a likelihood of confusion that goods or services, an advertisement, or an offer is from a governmental entity, when such is not true; and
(4)

(A) Failing to provide the disclosure described in subdivision (c)(4)(B) either in the largest font type on the entire advertisement, but in no event smaller than bold fourteen (14) point black type, when offering documents that are available free of charge or at a lesser price from a governmental entity:

(i) On the front and outside of the mailing envelope;
(ii) At the top of the e-mail message;
(iii) On each web page; or
(iv) On the top of each page of any advertisement;
(B) The following disclosure shall be displayed in accordance with subdivision (c)(4)(A):

IMPORTANT NOTICE:

The documents offered by this advertisement are available to Tennessee consumers free of charge or for a lesser price from (insert name, telephone number, and mailing address of the applicable governmental entity). You are NOT required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any governmental entity. The item offered in this advertisement has NOT been approved or endorsed by any governmental agency, and this offer is NOT being made by an agency of the government.

(d) Notwithstanding any law to the contrary, the attorney general and reporter has the following authority:

(1) Investigate potential violations of this section;
(2) Issue requests for information consistent with § 47-18-106, regarding potential violations of this section;
(3) Settle, including entering into assurances of voluntary compliance consistent with § 47-18-107; and
(4) Commence litigation as set forth in § 47-18-108, when a violation of this section has occurred.
(e) Upon receipt of a written request from the attorney general and reporter or the attorney general and reporter’s designee, failing to timely submit written responses and answers concerning the alleged prohibited practices or violations in this section, including, but not limited to, supplying the attorney general and reporter with copies of customer lists, invoices, receipts, or other business records, shall be considered a failure to cooperate in a consumer protection investigation and thus be considered a violation of this section.
(f)

(1) Any act set out in subsection (c) shall be an unfair and deceptive act or practice affecting the conduct of trade and commerce and subject to the penalties and remedies provided in this part. A violation of subsection (e) shall also be subject to the penalties and remedies provided in this part.
(2) In addition to other remedies provided in this part, a court may order:

(A) Payment to the state of up to one hundred dollars ($100) for each person who receives a written or electronic advertisement distributed in violation of this section; and
(B) Reimbursement to the state for the reasonable costs and expenses of investigating and prosecuting a violation of this section, including attorneys’ fees.
(3) All funds recovered pursuant to this subsection (f) shall be retained by the attorney general and reporter to be used in the enforcement of this section and other consumer protection related activities.
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