Terms Used In Tennessee Code > Title 17 > Chapter 4 > Part 3 - Trial Court Vacancy Commission

• Account: means the account between a card issuer and one (1) or more cardholders reflecting the outstanding balance of card transactions. See Tennessee Code 47-22-201
• 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. See Tennessee Code 47-22-201
• Account purchase transaction: means an agreement under which a commercial entity sells accounts, instruments, documents, or chattel paper to another commercial entity subject to a discount or fee, regardless of whether the commercial entity has a repurchase obligation related to the transaction. See Tennessee Code 47-22-301
• Acquired: means the obtaining of business records, a credit card account, or an instrument evidencing an outstanding debt through an ownership transfer, including a contractual agreement, an account purchase transaction or assignment in a creditor's regularly conducted business. See Tennessee Code 47-22-301
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Agreement: means a contract to provide payment services. See Tennessee Code 47-22-401
• Air ambulance membership organization: means an individual or entity that provides an air ambulance membership agreement. See Tennessee Code 47-18-5601
• Attorney general: means the office of the Tennessee attorney general and reporter. See Tennessee Code 47-18-2102
• 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. See Tennessee Code 47-22-201
• Card issuer: means any person who issues a credit card, debit card, or other payment card, or the agent of the person with respect to the card. See Tennessee Code 47-22-401
• 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. See Tennessee Code 47-22-201
• 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. See Tennessee Code 47-22-201
• Cardholder: means any person 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. See Tennessee Code 47-22-301
• 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
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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.
• 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. See Tennessee Code 47-22-101
• Credit card: means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. See Tennessee Code 47-22-401
• Credit card account: means any account that can be accessed by a credit card, including a debit card with a credit feature, whereby the cardholder may obtain loans from time to time either by credit card cash advance or by the purchase or satisfactions by the bank of obligations of the cardholder incurred pursuant to a credit card. See Tennessee Code 47-22-301
• Creditor: means the person, business, financial institution or commercial entity that currently owns a credit card account or an instrument evidencing outstanding debt. See Tennessee Code 47-22-301
• Custodian: means and includes an individual, agent, employee, representative, or officer of a creditor, or an individual, agent, employee, representative, or officer of a management company charged with keeping a creditor's records, or any individual familiar with the books and records of a creditor or an appropriately designated person who is an official custodian of records. See Tennessee Code 47-22-301
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• division: means the consumer protection division of the office of the attorney general and reporter. See Tennessee Code 47-18-5601
• Electronic records: means that information evidenced by a record or records consisting of information stored electronically which may be produced tangibly. See Tennessee Code 47-22-301
• 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.
• Financial institution: means :
  (A) A banking institution that is authorized to issue credit cards pursuant to federal or state law. See Tennessee Code 47-22-301
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Incorporated: means to integrate into records, to make a part of records, to place within records, or to treat as records. See Tennessee Code 47-22-301
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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. See Tennessee Code 47-22-201
• Issuer: means a person, business, financial institution, commercial entity or authorized agent of a financial institution that currently issues a credit card account or an instrument evidencing outstanding debt. See Tennessee Code 47-22-301
• 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.
• Lease: means a transfer of the right to possession and use of a device for a term in return for consideration. See Tennessee Code 47-22-401
• 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}
• Merchant: means a person, located in this state, that is in the business of selling property or services and that accepts credit cards, debit cards, or other payment cards as payment for property or services sold. See Tennessee Code 47-22-401
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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. See Tennessee Code 47-22-201
• 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.
• Original creditor: means the person, business, financial institution or commercial entity that had the original contractual agreement with a cardholder on a credit card account or an instrument evidencing outstanding debt. See Tennessee Code 47-22-301
• 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.
• Payment acquirer: means a person that contracts directly with a merchant to provide payment services. See Tennessee Code 47-22-401
• Payment card network: means an entity:
  (A) That directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that route information and data to conduct credit card, debit card, or other payment card transaction authorization, clearance, and settlement. See Tennessee Code 47-22-401
• Payment services: means the acceptance, transmission, collection, or settlement of the merchant's sales receipts for the merchant's credit card, debit card, or other payment card transactions. See Tennessee Code 47-22-401
• 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 any individual, corporation, agency, business association, or similar group. See Tennessee Code 47-22-101
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal entity. See Tennessee Code 47-22-301
• 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.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• 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.
• 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
• 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.
• Succeeding creditor: means any creditor, not the originating creditor, succeeding to an ownership interest in a credit card account or an instrument evidencing outstanding debt by bill of sale or assignment. See Tennessee Code 47-22-301
• 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, as amended, compiled in part 1 of this chapter and related statutes. See Tennessee Code 47-18-2102
• Testify: Answer questions in court.
• transaction: means a cash advance, purchase, or other extension of credit effected or obtained by means of a credit card or account number. See Tennessee Code 47-22-201
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105