Part 1 Consumer Protection Act of 1977 47-18-101 – 47-18-134
Part 3 Health Clubs 47-18-301 – 47-18-318
Part 4 True Origin of Goods Act 47-18-401 – 47-18-408
Part 5 Buyers’ Clubs 47-18-501 – 47-18-509
Part 6 Rental-Purchase Agreements 47-18-601 – 47-18-614
Part 7 Home Solicitation Sales 47-18-701 – 47-18-708
Part 8 Equal Consumer Credit 47-18-801 – 47-18-805
Part 9 Unsolicited Merchandise 47-18-901 – 47-18-902
Part 10 Credit Services Businesses 47-18-1001 – 47-18-1012
Part 11 Pyramid Promotional Schemes 47-18-1101 – 47-18-1106
Part 12 Water Treatment Devices 47-18-1201 – 47-18-1203
Part 13 Kerosene and Motor Fuels Quality Inspection 47-18-1301 – 47-18-1311
Part 14 Consumer Protection Warranty Extension 47-18-1401 – 47-18-1404
Part 15 Consumer Telemarketing Protection 47-18-1501 – 47-18-1527
Part 16 Fantasy Sports Act 47-18-1601 – 47-18-1612
Part 17 Employment Agencies 47-18-1701 – 47-18-1708
Part 18 Foreign Foods Disclosure 47-18-1801 – 47-18-1809
Part 19 Wireless Telecommunication Devices 47-18-1901 – 47-18-1905
Part 20 Cigarettes 47-18-2001 – 47-18-2006
Part 21 Identity Theft Deterrence 47-18-2101 – 47-18-2111
Part 22 Video Consumer Privacy 47-18-2201 – 47-18-2205
Part 23 [Misleading or Inaccurate Caller Identification Information] 47-18-2301 – 47-18-2305
Part 24 Unsolicited Loans 47-18-2401 – 47-18-2404
Part 25 Unsolicited Advertising by Electronic Means 47-18-2501 – 47-18-2502
Part 26 Structured Settlement Protection 47-18-2601 – 47-18-2607
Part 27 Health-Related Cash Discounts 47-18-2701 – 47-18-2704
Part 28 Price-Gouging of Vaccines and Inoculations During Medical Emergencies 47-18-2801 – 47-18-2805
Part 29 Protection of Confidential Information 47-18-2901
Part 30 Protected Health Information 47-18-3001 – 47-18-3006
Part 31 Farm Machinery 47-18-3101 – 47-18-3104
Part 50 Consumer Affairs Division 47-18-5001 – 47-18-5003
Part 51 Tennessee Price-Gouging Act of 2002 47-18-5101 – 47-18-5104
Part 52 Anti-Phishing Act of 2006 47-18-5201 – 47-18-5205
Part 53 Tennessee Truth in Music Advertising Act 47-18-5301 – 47-18-5304
Part 54 Foreclosure-Related Rescue Services 47-18-5401 – 47-18-5402
Part 55 Uniform Debt-Management Services Act 47-18-5501 – 47-18-5543

Terms Used In Tennessee Code > Title 47 > Chapter 18 - Consumer Protection

  • Abnormal economic disruption: means a disruption or anticipated disruption to usual business conditions caused by a natural or man-made disaster or emergency resulting from a terrorist attack, war, strike, civil disturbance, tornado, earthquake, fire, flood, or any other natural disaster or man-made disaster. See Tennessee Code 47-18-5102
  • 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. See Tennessee Code 47-18-1501
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advertisement: means a commercial message in any medium that aids, promotes, or assists directly or indirectly a rental-purchase agreement. See Tennessee Code 47-18-603
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable law: means state or federal statutes of the United States. See Tennessee Code 47-18-2602
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Ascertainable loss: means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice even when the precise amount of the loss is not known. See Tennessee Code 47-18-2102
  • Ascertainable loss: means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice even when the precise amount of the loss is not known. See Tennessee Code 47-18-2102
  • Ascertainable loss: means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice, even when the precise amount of the loss is not known. See Tennessee Code 47-18-5202
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-501
  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-603
  • Attorney general: means the office of the Tennessee attorney general and reporter. See Tennessee Code 47-18-2102
  • Attorney general: means the office of the attorney general and reporter. See Tennessee Code 47-18-1002
  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-1702
  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-1802
  • Attorney general: means the office of the Tennessee attorney general and reporter. See Tennessee Code 47-18-2102
  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-5202
  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-103
  • Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-402
  • Audiovisual work: means the electronic or physical embodiment of motion pictures, television programs, video or computer games, or other audiovisual presentations that consist of related images that are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, electronic equipment, a computer program, software, or system, together with accompanying sounds, if any. See Tennessee Code 47-18-402
  • Authorized dealer: means an individual, corporation, or limited liability company authorized by a manufacturer or distributor to sell, barter, or exchange a particular make of new farm machinery. See Tennessee Code 47-18-3101
  • Automatic renewal: means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term. See Tennessee Code 47-18-103
  • Automatic renewal offer terms: means the following clear and conspicuous disclosures:
    (A) That the subscription or purchasing agreement will continue until the consumer cancels. See Tennessee Code 47-18-103
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Building materials: means lumber, construction tools, windows, and anything else used in the building or rebuilding of property. See Tennessee Code 47-18-5102
  • Business day: means any day other than a Saturday, Sunday, or legal holiday. See Tennessee Code 47-18-501
  • Business day: means any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. See Tennessee Code 47-18-702
  • Buyer: means buyer or lessee. See Tennessee Code 47-18-702
  • Buyer: means a purchaser under a health club agreement. See Tennessee Code 47-18-301
  • Caller identification information: means information provided by a caller identification service regarding the telephone number, or other origination information, of a call or facsimile transmission made using a telecommunications service or an interconnected VoIP service, or of a text message sent using a text messaging service. See Tennessee Code 47-18-2301
  • Candidate: means any person, whether employed or unemployed, seeking or entering into any arrangement for employment or change of employment through the services of an employment agency. See Tennessee Code 47-18-1702
  • Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement. See Tennessee Code 47-18-603
  • Cigarette retailer: means each and every cigarette vending machine, place, store, booth, concession, truck, vehicle or person that in any way sells or makes available cigarettes or cigarette products directly or indirectly to the ultimate consumer. See Tennessee Code 47-18-2002
  • Clear and conspicuous: means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. See Tennessee Code 47-18-103
  • Clear title: means legal ownership free from a perfected security interest or other perfected lien. See Tennessee Code 47-18-3101
  • clearly and conspicuously: means in a volume and cadence sufficient to be readily audible and understandable. See Tennessee Code 47-18-103
  • club: means any person, corporation, partnership, unincorporated association, or other business enterprise operating for profit within the state of Tennessee, the primary purpose of which is to provide benefits to members from the cooperative purchase of services or merchandise. See Tennessee Code 47-18-501
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
  • Commercial recording or audiovisual work: means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has made or intends to make available for sale, rental, performance, or exhibition to the public under license but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. See Tennessee Code 47-18-402
  • Commission: means the Tennessee public utility commission, created by §. See Tennessee Code 47-18-1501
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 47-18-1002
  • 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. See Tennessee Code 47-18-1303
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Comparable farm machinery: means an identical or substantially similar replacement piece of farm machinery. See Tennessee Code 47-18-3101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer network: means a set of related, remotely connected devices and any communications facilities, including more than one (1) computer with the capability to transmit data among them through the communications facilities. See Tennessee Code 47-18-2502
  • Consumer: means a natural person who rents personal property under a rental-purchase agreement. See Tennessee Code 47-18-603
  • Consumer: means any individual who is solicited to purchase or who purchases the services of a credit services business. See Tennessee Code 47-18-1002
  • Consumer: means any renter, purchaser, or subscriber of goods or services from a video tape service provider or video tape seller. See Tennessee Code 47-18-2203
  • Consumer: means :
    (A) A person who purchases or leases a piece of new farm machinery for purposes other than resale. See Tennessee Code 47-18-3101
  • 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
  • Consumer: means any natural person who seeks or acquires by purchase, rent, lease, assignment, award by chance, or other disposition, any goods, services, 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 47-18-402
  • Consumer report: means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, which is furnished or is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:
    (i) Credit or insurance to be used primarily for personal, family, or household purposes. See Tennessee Code 47-18-1002
  • Consumer report: has the meaning ascribed to that term by Tennessee Code 47-18-2102
  • Consumer reporting agency: means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports. See Tennessee Code 47-18-1002
  • Consumer reporting agency: has the meaning ascribed to that term by Tennessee Code 47-18-2102
  • consumer transaction: means the advertising, offering for sale, lease or rental, or distribution of any goods, services, or property, tangible or intangible, real, personal, or mixed, and other articles, commodities, or things of value wherever situated. See Tennessee Code 47-18-103
  • Consummation: means the time a consumer becomes contractually obligated on a rental-purchase agreement. See Tennessee Code 47-18-603
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuous service: means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service. See Tennessee Code 47-18-103
  • Contract: means any oral or written agreement by which one becomes a member of a club. See Tennessee Code 47-18-501
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Costs: means any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business. See Tennessee Code 47-18-5102
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Credit services business: means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform any of the following services in return for the payment of money or other valuable consideration:
    (i) Improving a consumer's credit record, history, or rating. See Tennessee Code 47-18-1002
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Tennessee department of agriculture. See Tennessee Code 47-18-1303
  • Dependents: includes a payee's spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony. See Tennessee Code 47-18-2602
  • 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. See Tennessee Code 47-18-1303
  • Discounted present value: means the present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the internal revenue service, and the present value of the payments to be transferred by the payee using the actual discount rate applied to the transfer, stated as an annual percentage rate. See Tennessee Code 47-18-2602
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means any person who sells or distributes new and unused farm machinery to authorized dealers. See Tennessee Code 47-18-3101
  • Docket: A log containing brief entries of court proceedings.
  • Documentary material: means the original or copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated. See Tennessee Code 47-18-103
  • Electronic dissemination: means initiating a transmission of, making available, or otherwise offering, a commercial recording or audiovisual work for distribution, display, or performance on the Internet or other digital network, regardless of whether someone else had previously electronically disseminated the same commercial recording or audiovisual work. See Tennessee Code 47-18-402
  • Electronic mail message: means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox, commonly referred to as the "local part" and a reference to an Internet domain, commonly referred to as the "domain part" whether or not displayed, to which an electronic message can be sent or delivered. See Tennessee Code 47-18-5202
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency supplies: includes , but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers. See Tennessee Code 47-18-5102
  • Employer: means any person who engages or seeks to engage candidates for employment. See Tennessee Code 47-18-1702
  • Employment agency: means any person who, for a fee paid by a candidate or other compensation provided by a candidate:
    (A) Places or attempts to place candidates seeking employment where the fee is not paid by the employer. See Tennessee Code 47-18-1702
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See Tennessee Code 47-18-1002
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee: means anything of value paid or directed to be paid for the services of an employment agency. See Tennessee Code 47-18-1702
  • 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. See Tennessee Code 47-18-1303
  • File: when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. See Tennessee Code 47-18-1002
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Food: means any nourishing substance intended to be eaten by human beings. See Tennessee Code 47-18-1802
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreclosure-related rescue services: means any service related to or promising assistance in connection with:
    (A) Stopping, avoiding or delaying foreclosure proceedings concerning residential real property. See Tennessee Code 47-18-5401
  • Foreclosure-rescue consultant: means a person who directly or indirectly makes a solicitation, representation or offer to a homeowner to provide or perform, in return for payment of money or other valuable consideration, foreclosure-related rescue services. See Tennessee Code 47-18-5401
  • Foreclosure-rescue transaction: means a transaction that is designed or intended by the parties to stop, avoid or delay foreclosure proceedings against a homeowner's residential real property. See Tennessee Code 47-18-5401
  • Fraud: Intentional deception resulting in injury to another.
  • Full purchase price: means the cost paid by a consumer, including any collateral charge. See Tennessee Code 47-18-3101
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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. See Tennessee Code 47-18-1303
  • Gasoline: means any fuel used to power any motor vehicle or power tool. See Tennessee Code 47-18-5102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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 47-18-402
  • Goods: means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services. See Tennessee Code 47-18-702
  • 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
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health club: means any enterprise, however styled, which offers on a regular, full-time basis, and pursuant to a health club agreement, services or facilities for the development or preservation of physical fitness through exercise, weight control or athletics. See Tennessee Code 47-18-301
  • Health club agreement: means an agreement whereby a buyer purchases, or is obligated to purchase, any right to use health club facilities or services. See Tennessee Code 47-18-301
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Home improvement services: means the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to any residential property, and includes but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, and roofing. See Tennessee Code 47-18-103
  • Home solicitation sale: means a consumer sale or lease of goods (other than farm equipment and/or motor vehicles) or services, other than insurance and securities, in which the seller or a person acting for the seller engages in the personal solicitation of the sale or lease at any residence other than that of the seller, and the buyer's agreement or offer to purchase or lease is there given to the seller or a person acting for the seller. See Tennessee Code 47-18-702
  • Homeowner: means any record title owner of residential real property that is the subject of foreclosure proceedings. See Tennessee Code 47-18-5401
  • Housing: means any rental housing leased on a month-to-month term. See Tennessee Code 47-18-5102
  • Identification documents: means any card, certificate or document which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be a driver license, nondriver identification cards, birth certificates, marriage certificates, divorce certificates, passports, immigration documents, social security cards, employee identification cards, cards issued by the government to provide benefits of any sort, health care benefit cards, or health benefit organization, insurance company or managed care organization cards for the purpose of identifying a person eligible for services. See Tennessee Code 47-18-2102
  • Identification documents: means any card, certificate or document that identifies, or purports to identify, the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be driver licenses, nondriver identification cards, birth certificates, marriage certificates, divorce certificates, passports, immigration documents, social security cards, employee identification cards, cards issued by the government to provide benefits of any sort, health care benefit cards, or health benefit organization, insurance company or managed care organization cards for the purpose of identifying a person eligible for services. See Tennessee Code 47-18-5202
  • Identifying information: means , with respect to an individual, any of the following:
    (A) Social security number. See Tennessee Code 47-18-5202
  • Identity theft: means :
    (A) Obtaining, possessing, transferring, using or attempting to obtain, possess, transfer or use, for unlawful economic benefit, one (1) or more identification documents or personal identification numbers of another person. See Tennessee Code 47-18-2102
  • Identity theft: means :
    (A) Obtaining, possessing, transferring, using or attempting to obtain, possess, transfer or use, for unlawful economic benefit, one (1) or more identification documents or personal identification numbers of another person. See Tennessee Code 47-18-2102
  • Independent professional advice: means advice of an attorney, certified public accountant, actuary or other licensed professional adviser. See Tennessee Code 47-18-2602
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interested parties: means , with respect to any structured settlement, the payee, the annuity issuer, the structured settlement obligor, and any other party to the structured settlement that has continuing rights or obligations to receive or make payments under such structured settlement. See Tennessee Code 47-18-2602
  • Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extension, and is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on communications and related infrastructure. See Tennessee Code 47-18-402
  • Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on communications and related infrastructure. See Tennessee Code 47-18-5202
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. See Tennessee Code 47-18-1303
  • knowing: means actual awareness of the falsity or deception, but actual awareness may be inferred where objective manifestations indicate that a reasonable person would have known or would have had reason to know of the falsity or deception. See Tennessee Code 47-18-103
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal advertisement: means a solicitation of legal services through television. See Tennessee Code 47-18-3001
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessor: means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a rental-purchase agreement. See Tennessee Code 47-18-603
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local telephone directory: includes :
    (A) A classified advertising directory, commonly referred to as the yellow pages. See Tennessee Code 47-18-103
  • Location readily accessible: means a place that is conspicuous, not hidden and capable of being reached quickly and easily by the general public. See Tennessee Code 47-18-402
  • Manufacturer: means any person who manufactures, assembles or packages articles containing food of foreign origin. See Tennessee Code 47-18-1802
  • Manufacturer: means a person who manufactures, assembles, or imports new farm machinery. See Tennessee Code 47-18-3101
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Medical supplies: includes , but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products. See Tennessee Code 47-18-5102
  • member: means any status by which any natural person is entitled to any of the benefits of a discount buying organization. See Tennessee Code 47-18-501
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • 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. See Tennessee Code 47-18-1303
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nonconformity: means any defect or condition affecting a piece of farm machinery that:
    (A) Does not conform with the terms of an express warranty issued by a manufacturer to a consumer. See Tennessee Code 47-18-3101
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Online service: means any service available over the Internet, or that connects to the Internet or a wide-area network. See Tennessee Code 47-18-402
  • Operator: means any person, firm, corporation, or business entity which operates a health club. See Tennessee Code 47-18-301
  • Ordinary course of business: means only debt collection activities, order fulfillment, request processing, and the transfer of ownership. See Tennessee Code 47-18-2203
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payee: means an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights thereunder. See Tennessee Code 47-18-2602
  • Performing group: means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name. See Tennessee Code 47-18-5302
  • Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-402
  • Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
  • Person: includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity. See Tennessee Code 47-18-1002
  • Person: means any individual, partnership, firm, corporation or association, or any employee or agent thereof. See Tennessee Code 47-18-1201
  • Person: means an individual, partnership, corporation, company, firm, association or other business entity. See Tennessee Code 47-18-1303
  • Person: means any individual, company, corporation, partnership, association or firm, including any officer, director or employee of a corporation. See Tennessee Code 47-18-1702
  • 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 47-18-1802
  • Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
  • Person: means an individual or legal entity that advertises legal services or that identifies potential clients for attorneys or law firms. See Tennessee Code 47-18-3001
  • Person: means a natural person, partnership, corporation, association, trust, estate, or other legal entity. See Tennessee Code 47-18-3101
  • Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-5202
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • 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
  • Personal identification number: means any number that is assigned by the government to identify a particular person, including, but not limited to, social security number, federal tax payer identification number, Medicaid, Medicare or TennCare number which identifies a particular person eligible for benefits, any number assigned to a person as part of a licensure or registration process, such as a board of professional responsibility number, driver license number and passport number and any number assigned by an insurance company, health maintenance organization, managed care organization or other health benefit organization, for the purposes of identifying a particular person eligible for services. See Tennessee Code 47-18-2102
  • Personal identification number: means any number that is assigned by the government to identify a particular person, including, but not limited to, social security number, federal tax payer identification number, Medicaid, Medicare or TennCare number which identifies a particular person eligible for benefits, any number assigned to a person as part of a licensure or registration process, such as a board of professional responsibility number, driver license number and passport number and any number assigned by an insurance company, health maintenance organization, managed care organization or other health benefit organization, for the purposes of identifying a particular person eligible for services. See Tennessee Code 47-18-2102
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Personally identifiable information: means any information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider or video tape seller. See Tennessee Code 47-18-2203
  • Physical address: means the mailing address, including a zip code, that details the actual location of a person or entity, but does not include a post office box or email address. See Tennessee Code 47-18-402
  • Place of primary use: means the street address where a subscriber's use of a telecommunications service or interconnected VoIP service primarily occurs, which shall be:
    (A) The residential street address or the primary business street address of the subscriber or, in the case of a subscriber of interconnected VoIP service, the subscriber's registered location. See Tennessee Code 47-18-2301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Possession: means actual care, custody, control, or management of residential property, but shall not include occupancy of residential property through a lease or rental agreement. See Tennessee Code 47-18-103
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prepayment: means any payment greater than fifty dollars ($50. See Tennessee Code 47-18-501
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected health information: has the meaning given that term in 45 C. See Tennessee Code 47-18-3001
  • Provider: means a person or entity that offers telecommunications service or interconnected VoIP service. See Tennessee Code 47-18-2301
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Qualified assignment agreement: means an agreement providing for a qualified assignment within the meaning of 26 U. See Tennessee Code 47-18-2602
  • Quality assurance period: means the earliest of the following:
    (A) Twelve (12) months after the date of delivery of new farm machinery to a consumer. See Tennessee Code 47-18-3101
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Reasonable allowance for use: means an amount attributable to use by a consumer:
    (A) Before the consumer's first report of a nonconformity to a manufacturer, distributor, or authorized dealer. See Tennessee Code 47-18-3101
  • Reasonable number of repair attempts: means :
    (A) Three (3) attempts to repair the same nonconformity, the total cost of which equals at least thirty percent (30%) of the full purchase price of the farm machinery. See Tennessee Code 47-18-3101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Recording: means the electronic or physical embodiment of any recorded images, sounds, or images and sounds, but does not include audiovisual works or sounds accompanying audiovisual works. See Tennessee Code 47-18-402
  • Recording group: means a vocal or instrumental group at least one (1) of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See Tennessee Code 47-18-5302
  • Registered location: means the most recent information obtained by an interconnected VoIP service provider that identifies the physical location of an end user. See Tennessee Code 47-18-2301
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rental-purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four (4) months or less (whether or not there is any obligation beyond the initial period) that is automatically renewable with each payment and that permits the consumer to become the owner of the property. See Tennessee Code 47-18-603
  • 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).
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Residential owner: means a person who has possession of residential real property, including any person authorized by such residential owner to act on the residential owner's behalf. See Tennessee Code 47-18-103
  • Residential property: means the building structure where a person abides, lodges, resides or establishes a living accommodation or where a residential owner intends to abide, lodge, reside or establish a living accommodation following the completion of home improvement services made pursuant to a contract for home improvement services and includes the land on or adjacent to such building structure. See Tennessee Code 47-18-103
  • Residential real property: means improved real property used or occupied or intended to be used or occupied for residential purposes by the owner. See Tennessee Code 47-18-5401
  • Responsible administrative authority: means , with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement. See Tennessee Code 47-18-2602
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
  • Seller: means seller or lessor. See Tennessee Code 47-18-702
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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 47-18-402
  • 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
  • Settled claim: means the original tort claim. See Tennessee Code 47-18-2602
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Solicit: means offering to provide legal services by print. See Tennessee Code 47-18-3001
  • Sound recording: means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disc, tape, or other phono-record, in which the sounds are embodied. See Tennessee Code 47-18-5302
  • 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
  • Statute: A law passed by a legislature.
  • Structured settlement: means an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim. See Tennessee Code 47-18-2602
  • Structured settlement agreement: means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments. See Tennessee Code 47-18-2602
  • Structured settlement obligor: means , with respect to any structured settlement, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement. See Tennessee Code 47-18-2602
  • Structured settlement payment rights: means rights to receive periodic payments (including lump sum payments) under a structured settlement, whether from the settlement obligor or the annuity issuer where:
    (A) The payee is domiciled in this state. See Tennessee Code 47-18-2602
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means a person:
    (A) Who subscribes to a caller identification service in connection with a telecommunications service or an interconnected VoIP service. See Tennessee Code 47-18-2301
  • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  • Summons: Another word for subpoena used by the criminal justice system.
  • Telecommunications service: means the offering of telecommunications for a fee directly to the public, or to classes of users so as to be effectively available directly to the public, regardless of the facilities used. See Tennessee Code 47-18-2301
  • Telephone access line: means any seven-digit telephone number for each call to which a fee is charged. See Tennessee Code 47-18-1501
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tennessee Consumer Protection Act: means the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter, and related statutes. See Tennessee Code 47-18-402
  • Tennessee Consumer Protection Act: means the Tennessee Consumer Protection Act of 1977, as amended, compiled in part 1 of this chapter and related statutes. See Tennessee Code 47-18-2102
  • Tennessee Consumer Protection Act: means the Tennessee Consumer Protection Act of 1977, as amended, compiled in part 1 of this chapter and related statutes. See Tennessee Code 47-18-2102
  • Tennessee Consumer Protection Act: means the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter and related statutes. See Tennessee Code 47-18-5202
  • Terms of the structured settlement: includes , with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or approval of any court or responsible administrative authority or other government authority authorizing or approving such structured settlement. See Tennessee Code 47-18-2602
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Text messaging service: means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a telecommunications service or an interconnected VoIP service. See Tennessee Code 47-18-2301
  • Tobacco product manufacturer: means an entity that, after May 4, 1999, directly (and not exclusively through any affiliate):
    (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States. See Tennessee Code 47-18-2002
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means any sale, assignment, pledge, hypothecation, commutation, advance or other form of alienation or encumbrance made by a payee for consideration. See Tennessee Code 47-18-2602
  • Transfer agreement: means the agreement providing for transfer of structured settlement payment rights from a payee to a transferee. See Tennessee Code 47-18-2602
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Venue: The geographical location in which a case is tried.
  • Video tape seller: means any person engaged in the business of selling prerecorded video cassette tapes or similar audio visual materials. See Tennessee Code 47-18-2203
  • Video tape service provider: means any person engaged in the business of rental of prerecorded video cassette tapes or similar audio visual materials. See Tennessee Code 47-18-2203
  • 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. See Tennessee Code 47-18-1201
  • Web page: means a location that has a single uniform resource locator or other single location with respect to the Internet. See Tennessee Code 47-18-402
  • Web page: means a location that has a single uniform resource locator or other single location with respect to the Internet. See Tennessee Code 47-18-5202
  • Web site: means a set of related web pages served from a single web domain. See Tennessee Code 47-18-402
  • Wireless communication: includes text messages sent and received on smart devices. See Tennessee Code 47-18-5202
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105