Consumer Protection

Plain English Breakdown

The bill did not pass in its current session and may need further action.

Tennessee Homebuyer Harassment Prevention Act

This bill limits unsolicited contact from individuals or businesses trying to buy property without permission.

What This Bill Does

• Limits the number of times a person can contact a homeowner about buying their home unsolicited to one time per year.
• Requires anyone contacting a homeowner for an unsolicited offer to provide their name, address, phone number, and email address before making the offer.
• Allows homeowners to file complaints with the Division of Consumer Affairs if they believe someone has violated these rules.
• Gives the attorney general authority to investigate and enforce violations by taking legal action against violators.
• Imposes fines up to $2,000 for each violation and requires violators to pay costs related to investigation and prosecution.

Who It Names or Affects

• Property owners who receive unsolicited offers to buy their homes.
• People or businesses making unsolicited offers to buy property.
• The Division of Consumer Affairs in the Office of the Attorney General.

Terms To Know

Affiliate

A company that is controlled by, controls, or shares control with another company.

Government agency

An organization of the state government responsible for a specific area such as education or transportation.

Limits and Unknowns

• The bill does not apply to licensed real estate agents or government agencies.
• It is unclear how many property owners will benefit from this act.
• This bill did not pass in the current session and may need further action to become law.

Official Summary Text

This bill enacts the "Tenness
ee Homebuyer Harassment Prevention Act," as described below.

UNSOLICITED REQUESTS OR OFFERS TO BUY PROPERTY

This bill prohibits a person from contacting a property owner more than one time in a calendar year in connection with an unsolicited request or
offer to buy the property owner's real property. This limitation applies to contact made through a telephone call, text message, email, mail, facsimile transmission, or another form of contact.

When a person contacts a property owner in connection with
an unsolicited request or offer to buy the property owner's real property, prior to making the solicitation, this bill requires the person to provide all of the following to the property owner: (i) the person's legal name, (ii) the address from which the
p
erson operates, (iii) a telephone number at which the person can be contacted, and (iv) an email address at which the person can be contacted. However, if the contact between a person and a property owner is part of an ongoing negotiation between the per
s
on and the property owner, such contact is not an unsolicited request or offer until the property owner states that the property owner does not want to continue the negotiations, or, in the case of negotiations occurring through text message, writes that
t
he property owner does not want to continue negotiations.

Complaint

If a property owner believes that a person has violated the above provisions, then this bill authorizes the property owner to submit a complaint to the division of consumer affairs in
the office of the attorney general. The division is required to (i) begin reviewing the complaint within 20 business days from the date the complaint is submitted, (ii) send a written notice to the property owner that the division is reviewing the compla
i
nt, and (iii) send a written notice to the property owner upon completion of the review describing the findings of the review, including whether the individual who contacted the property owner is a licensed real estate agent, and the actions taken as a re
s
ult of the findings. The written notice must also include information about the purposes of, and the means by which, the property owner may enroll in the Tennessee Do Not Call Register.

Investigation

With regard to alleged violations, this bill provid
es that the attorney general has all of the investigative and enforcement authority that the attorney general has under the "Tennessee Consumer Protection Act of 1977." The attorney general may institute a proceeding involving alleged violations of the a
b
ove provisions in Davidson County circuit or chancery court or another venue otherwise permitted by law. Additionally, the attorney general must require the person being investigated pursuant to a complaint submitted under this bill, to disclose any affi
l
iates of the person that have sent an unsolicited request to buy the property owner's real property.

If a court finds that a person violated the above provisions, then this bill requires the court to assess a civil penalty of up to $2,000 per violation a
nd authorizes the court to also order reimbursement to this state for the reasonable costs and expenses of investigation and prosecution of actions under this bill, including reasonable attorneys' fees. For purposes of determining how many violations a p
e
rson has committed, each contact beyond the permitted number by a person, including any affiliate of the person, is a separate violation.

In addition to the penalties described above, this bill provides that such a violation where a person knowingly caus
es any caller identification service to transmit misleading or inaccurate caller identification information, including caller identification information that does not match the area code of the person, to a property owner with the intent to violate or oth
e
rwise circumvent a violation, is also a violation of caller identification spoofing, which is a Class A misdemeanor, and is subject to the remedies and penalties for such violation.

Exemption

The provisions under this heading are not applicable to an individual who is licensed as a real estate agent in the state in which the real property about which the individual contacted the property owner is located or a government agency.

NEW OFFENSE UN
DER CALLER IDENTIFICATION SPOOFING

This bill provides that it is an offense if a person knowingly causes any caller identification service to transmit misleading or inaccurate caller identification information, including caller identification information
that does not match the area code of the person, to a subscriber with the intent to violate or otherwise circumvent the provisions above.

TELEPHONE SOLICITATIONS

Present law authorizes the attorney general, at the request of the commission, to bring an
action in any court of competent jurisdiction in the name of the state against any person or entity relative to a violation of law relative to telephone solicitations or any rules promulgated pursuant to such law. The courts are authorized to issue orde
r
s and injunctions to restrain and prevent violations of such law, and such orders and injunctions must be issued without bond. In any action commenced by the state, the courts are authorized to order reasonable attorneys' fees and investigative costs be
p
aid by the violator to the state. An action brought by the attorney general may also include other causes of action, including a claim under the "Tennessee Consumer Protection Act of 1977."

This bill adds that if the Tennessee public utility commission
is unable to enforce such law against a person or entity because of a suspected violation of caller identification spoofing, then the commission may refer the suspected violation to the attorney general for enforcement.

ON MARCH 10, 2025, THE SENATE ADOP
TED AMENDMENT #1 AND PASSED SENATE BILL 204, AS AMENDED.

AMENDMENT #1 adds that the term "g
overnment agency
,
"
as used in the bill, also includes
a
contractor
of a branch, department, agency, commission, or instrumentality of this state
.

Current Bill Text

SENATE BILL 204
By Oliver

HOUSE BILL 565
By Hemmer

HB0565
001041
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
Chapter 33, Part 2; Title 47; Title 65 and Title 66,
relative to consumer protection.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Tennessee Homebuyer
Harassment Prevention Act."
SECTION 2. Tennessee Code Annotated, Title 47, Chapter 18, is amended by adding
the following as a new part:
47-18-5801.
As used in this part:
(1) "Affiliate" means any person controlling, controlled by, or under
common control with such person;
(2) "Division" means the division of consumer affairs in the office of the
attorney general and reporter;
(3) "Government agency" means a branch, department, agency,
commission, or instrumentality of this state, or an official or employee of a
branch, department, agency, commission, or instrumentality of this state; and
(4) "Person" means a natural person, individual, partnership, corporation,
trust, estate, incorporated or unincorporated association, and any other legal or
commercial entity however organized, including any affiliate.
47-18-5802.
(a)

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(1) A person shall not contact a property owner more than one (1) time in
a calendar year in connection with an unsolicited request or offer to buy the
property owner's real property.
(2) The limitation described in subdivision (a)(1) applies to contact made
through a telephone call, text message, email, mail, facsimile transmission, or
another form of contact.
(b) When a person contacts a property owner in connection with an unsolicited
request or offer to buy the property owner's real property, prior to making the solicitation,
the person shall provide to the property owner:
(1) The person's legal name;
(2) The address from which the person operates;
(3) A telephone number at which the person can be contacted; and
(4) An email address at which the person can be contacted.
(c) If the contact between a person and a property owner is part of an ongoing
negotiation between the person and the property owner, such contact is not an
unsolicited request or offer until the property owner states that the property owner does
not want to continue the negotiations, or, in the case of negotiations occurring through
text message, writes that the property owner does not want to continue negotiations.
47-18-5803.
(a) If a property owner believes a person has violated § 47-18-5802, then the
property owner may submit a complaint to the division. The division shall:
(1) Begin reviewing a complaint submitted pursuant to this subsection (a)
within twenty (20) business days from the date the complaint is submitted;
(2) Send a written notice to the property owner that the division is
reviewing the complaint; and

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(3) Send a written notice to the property owner upon completion of the
review describing the findings of the review, including whether the individual who
contacted the property owner is a licensed real estate agent, and the actions
taken, if any, as a result of the findings. The written notice must also include
information about the purposes of, and the means by which, the property owner
may enroll in the Tennessee Do Not Call Register as described in title 65,
chapter 4, part 4.
(b)
(1) With regard to alleged violations of § 47-18-5802, the attorney
general and reporter has all of the investigative and enforcement authority that
the attorney general and reporter has under part 1 of this chapter. The attorney
general and reporter may institute a proceeding involving alleged violations of
this part in Davidson County circuit or chancery court or another venue otherwise
permitted by law.
(2) The attorney general and reporter shall require the person being
investigated pursuant to a complaint submitted in accordance with subsection (a)
to disclose any affiliates of the person that have sent an unsolicited request to
buy the property owner's real property.
(3) If a court finds that a person violated § 47-18-5802, then the court
shall assess a civil penalty of up to two thousand dollars ($2,000) per violation.
The court may also order reimbursement to this state for the reasonable costs
and expenses of investigation and prosecution of actions under this part,
including reasonable attorneys' fees.

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(4) For purposes of determining how many violations a person has
committed, each contact beyond the permitted number under § 47-18-5802 by a
person, including any affiliate of the person, is a separate violation.
47-18-5804.
In addition to the penalties provided under § 47-18-5803, a violation of § 47-18-
5802, where a person knowingly causes any caller identification service to transmit
misleading or inaccurate caller identification information, including caller identification
information that does not match the area code of the person, to a property owner with
the intent to violate or otherwise circumvent § 47-18-5802 is also a violation of § 47-18-
2302, and subject to the remedies and penalties provided under part 23 of this chapter.
47-18-5805.
This part does not apply to:
(1) An individual who is licensed as a real estate agent in the state in
which the real property about which the individual contacted the property owner
is located; or
(2) A government agency.
SECTION 3. Tennessee Code Annotated, Section 47-18-2302(a), is amended by
adding the following as a new subdivision:
(3) A person to knowingly cause any caller identification service to transmit
misleading or inaccurate caller identification information, including caller identification
information that does not match the area code of the person, to a subscriber with the
intent to violate or otherwise circumvent § 47-18-5802.
SECTION 4. Tennessee Code Annotated, Section 65-4-405, is amended by deleting
subsections (g) and (h) and substituting:

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(g) The commission is authorized to allow access to the database and develop a
fee schedule for access to the database by independent contractors and the entity that
employs such contractors.
(h)
(1) As supplementary to the authority granted in this part, the attorney
general and reporter, at the request of the commission, may bring an action in
any court of competent jurisdiction in the name of the state against any person or
entity relative to a violation of this part or any rules promulgated pursuant to this
part. The courts are authorized to issue orders and injunctions to restrain and
prevent violations of this part, and such orders and injunctions must be issued
without bond. In any action commenced by the state, the courts are authorized
to order reasonable attorneys' fees and investigative costs be paid by the violator
to the state. An action brought by the attorney general and reporter may also
include other causes of action, including a claim under the Tennessee Consumer
Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(2) If the commission is unable to enforce this part against a person or
entity because of a suspected violation of § 47-18-2302(a), then the commission
may refer the suspected violation to the attorney general and reporter for
enforcement in accordance with §§ 47-18-2302 and 47-18-2304.
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to prohibited conduct occurring on or after that date.