(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:

Terms Used In Tennessee Code 47-22-302

  • 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
  • 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
  • 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.
  • 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
  • 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
  • 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
  • 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
  • Testify: Answer questions in court.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(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.
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