Consumer Protection

Plain English Breakdown

The bill does not specify all potential impacts on businesses or consumers beyond the listed provisions.

Consumer Protection Act Changes

This bill amends Tennessee's Consumer Protection Act by adding unfair practices as unlawful, removing certain requirements for voluntary compliance agreements, updating disclosure rules for government-related advertisements, and making violations related to on-site parking payments and third-party ticket resellers subject to penalties under the act.

What This Bill Does

• Adds that engaging in any act or practice that is unfair to consumers is now considered unlawful under the Tennessee Consumer Protection Act of 1977.
• Removes the requirement for written assurances of voluntary compliance to be filed with a specific court in Davidson County.
• Updates the font requirements for disclosures about free or discounted government services and information, requiring Times New Roman typeface.
• Makes violations related to on-site parking payments and third-party ticket resellers subject to penalties under the Consumer Protection Act.

Who It Names or Affects

• Consumers who may be affected by unfair practices.
• Businesses that engage in deceptive or unfair acts.
• Government entities providing free or discounted services and information.

Terms To Know

Unfair Practices

Acts or behaviors that harm consumers, even if they are not explicitly misleading.

Voluntary Compliance Agreement

An agreement between the attorney general and a business to stop unfair practices without going to court.

Limits and Unknowns

• Some changes take effect on July 1, 2025, while others become effective immediately upon passage.
• The bill does not specify all potential impacts on businesses or consumers beyond the listed provisions.

Official Summary Text

This bill makes a number of changes relative to, or the application of, the Tennessee Consumer Protection Act of 1977, as described below.

UNLAWFUL ACTS OR PRACTICES

Present law provides that engaging in any act or practice that is deceptive to
the consumer or to any other person is unlawful under the Tennessee Consumer Protection Act of 1977. This bill adds that engaging in any act or practice that is unfair to the consumer is also unlawful.

Present law provides that the act or practice of di
rectly or indirectly advertising, promoting, selling, or offering for sale any good or service that is illegal or unlawful to sell in the state is unlawful under the Tennessee Consumer Protection Act of 1977. This bill removes this provision.

ASSURANCE
OF VOLUNTARY COMPLIANCE

Present law authorizes the attorney general to negotiate and accept an assurance of voluntary compliance with respect to any act or practice considered to violate the Tennessee Consumer Protection Act of 1977, from any person who
allegedly is engaging in, has engaged in, or, based upon information received from another law enforcement agency, is about to engage in such an act or practice. The assurance must be in writing and be filed with and subject to the approval of the circui
t
or chancery court of Davidson County. This bill removes the provision requiring the assurance to be in writing and filed with and subject to the approval of the circuit or chancery court of Davidson County.

PENALTY FOR VIOLATION

In any action brought
by the attorney general when the attorney general has reason to believe that any person has engaged in, is engaging in, or, based upon information received from another law enforcement agency, is about to engage in any act or practice declared unlawful un
d
er the Tennessee Consumer Protection Act of 1977 and that proceedings would be in the public interest, this bill provides that the attorney general is the sole party for discovery purposes and is deemed to lack possession, custody, or control over documen
t
s possessed by the general assembly, other state officers, or any state agencies or institutions. If such an action is asserted on behalf of a political subdivision or agency, then the attorney general may facilitate nonparty discovery from that politica
l
subdivision or agency as an instrumentality with an interest in the litigation consistent with present law. In any action when the attorney general has such reason, where the attorney general does not seek to recover for an injury suffered by a state go
v
ernmental branch or office, official, agency, political subdivision, or other instrumentality, nonparty discovery of that entity is presumptively unreasonable and unduly burdensome.

EXEMPTIONS

Present law provides exemptions to the Tennessee Consumer Pr
otection Act of 1977, including, but not limited to, a publisher, broadcaster, or other person principally engaged in the preparation or dissemination of information or the reproduction of printed or pictorial matter, who has prepared or disseminated such

information or matter on behalf of others without notification from the attorney general that the information or matter violates or is being used as a means to violate the Tennessee Consumer Protection Act of 1977. This bill revises this provision to, in
s
tead, exempt such person who has prepared or disseminated such information on behalf of others and where the claim concerns the underlying published content's violation, without notification.

GOVERNMENT IMPOSTER AND DECEPTIVE ADVERTISEMENTS ACT

Present law provides that certain unfair or deceptive acts or practices using or employing an advertisement for purposes of selling goods or services are unlawful, including, but not limited to, failing to provide the disclosure described by present law,
e
ither in the largest font type on the entire advertisement, but in no event smaller than bold 14 point black type, when offering documents that are available free of charge or at a lesser price from a governmental entity (i) on the front and outside of th
e
mailing envelope, (ii) at the top of the e-mail message, (iii) on each web page, or (iv) on the top of each page of any advertisement.

This bill revises this provision to, instead, read failing to provide the disclosure described in present law in Time
s New Roman typeface, either in the largest font type on the entire advertisement, but in no event smaller than bold 14 point black type, when offering documents, information, or services that are available free of charge or at a lesser price from a gover
n
mental entity, or when offering to take any action on behalf of another that could otherwise be taken free of charge or at a lesser price by interacting directly with a governmental entity (i) on the front and outside of the mailing envelope and on the to
p
page of any included advertisement, (ii) at the top of the email message, on each web page, or (iv) on the tip of each page of any advertisement for any other format.

PAYMENT METHODS ONSITE PARKING

This bill provides that a violation of the present la
w provisions regarding on-site payment for parking is a violation of the Tennessee Consumer Protection Act of 1977. A violation of such provisions constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalt
i
es and remedies as provided in the Tennessee Consumer Protection Act of 1977.

THIRD PARTY TICKER RESELLERS

This bill provides that a violation of the present law provisions regarding third party ticker resellers is a violation of the Tennessee Consumer
Protection Act of 1977. A violation of such provisions constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977.

ON MARCH 31,
2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 911, AS AMENDED.

AMENDMENT #1 rewrites the bill to, instead, revise one of the definitions of a "n
onprofit organization
" for purposes of the "
Tennessee Information Protection Act
" to mean a
publ
ic utility

organized
or regulated, instead of only organized,
under the laws of this state
.

Current Bill Text

SENATE BILL 529
By Stevens

HOUSE BILL 911
By Garrett

HB0911
001740
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 47,
relative to consumer protection.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 47-18-104(b)(27), is amended by
deleting "any other act or practice which is deceptive to the consumer" and substituting "any
other act or practice which is deceptive or unfair to the consumer".
SECTION 2. Tennessee Code Annotated, Section 47-18-104(b), is amended by
deleting subdivision (43) and substituting:
(43) The act or practice of directly or indirectly:
(A) Making representations that a person will pay or reimburse for a
motor vehicle traffic citation for any person who purchases a device or
mechanism, passive or active, that can detect or interfere with a radar, laser, or
other device used to measure the speed of motor vehicles; or
(B) Advertising, promoting, selling, or offering for sale any radar jamming
device that includes any active or passive device, instrument, mechanism, or
equipment that interferes with, disrupts, or scrambles the radar or laser that is
used by law enforcement agencies and officers to measure the speed of motor
vehicles;
SECTION 3. Tennessee Code Annotated, Section 47-18-107(a), is amended by
deleting "The assurance shall be in writing and shall be filed with and subject to the approval of
the circuit or chancery court of Davidson County.".

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SECTION 4. Tennessee Code Annotated, Section 47-18-108, is amended by adding
the following new subsections:
(d) In any action brought by the attorney general and reporter under subsection
(a), the attorney general and reporter is the sole party for discovery purposes and is
deemed to lack possession, custody, or control over documents possessed by the
general assembly, other state officers, or any state agencies or institutions. If such an
action is asserted on behalf of a political subdivision or agency, then the attorney
general and reporter may facilitate nonparty discovery from that political subdivision or
agency as an instrumentality with an interest in the litigation consistent with § 8-6-109.
(e) In any action brought by the attorney general and reporter under subsection
(a), where the attorney general and reporter does not seek to recover for an injury
suffered by a state governmental branch or office, official, agency, political subdivision,
or other instrumentality, nonparty discovery of that entity is presumptively unreasonable
and unduly burdensome.
SECTION 5. Tennessee Code Annotated, Section 47-18-111(a)(2), is amended by
deleting the language "on behalf of others without notification" and substituting "on behalf of
others and where the claim concerns the underlying published content's violation of this part,
without notification".
SECTION 6. Tennessee Code Annotated, Section 47-18-131(c)(4), is amended by
deleting subdivision (A) and substituting:
(A) Failing to provide the disclosure described in subdivision (c)(4)(B) in Times
New Roman typeface, either in the largest font type on the entire advertisement, but in
no event smaller than bold fourteen (14) point black type, when offering documents,
information, or services that are available free of charge or at a lesser price from a
governmental entity, or when offering to take any action on behalf of another that could

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otherwise be taken free of charge or at a lesser price by interacting directly with a
governmental entity:
(i) For mailers: on the front and outside of the mailing envelope and on
the top page of any included advertisement;
(ii) For emails: at the top of the email message;
(iii) For web pages: on each web page; or
(iv) For any other format: on the top of each page of any advertisement;
SECTION 7. Tennessee Code Annotated, Section 47-18-131(c)(4)(B), is amended by
deleting "documents" and substituting "documents, information, or services".
SECTION 8. Tennessee Code Annotated, Section 47-25-106(a), is amended by
deleting the language "may sue for and recover" and substituting "may individually sue for and
recover".
SECTION 9. Tennessee Code Annotated, Section 47-50-120, is amended by adding
the following subsection:
(e) A violation of this section is a violation of the Tennessee Consumer
Protection Act of 1977, compiled in chapter 18, part 1 of this title. A violation of this
section constitutes an unfair or deceptive act or practice affecting trade or commerce
and is subject to the penalties and remedies as provided in the Tennessee Consumer
Protection Act of 1977.
SECTION 10. Tennessee Code Annotated, Section 47-50-121, is amended by adding
the following subsection:
(e) A violation of this section is a violation of the Tennessee Consumer
Protection Act of 1977, compiled in chapter 18, part 1 of this title. A violation of this
section constitutes an unfair or deceptive act or practice affecting trade or commerce

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and is subject to the penalties and remedies as provided in the Tennessee Consumer
Protection Act of 1977.
SECTION 11. Tennessee Code Annotated, Section 47-18-104(b), is amended by
adding the following as new subdivisions:
( ) Violating § 47-50-120;
( ) Violating § 47-50-121;
SECTION 12. Tennessee Code Annotated, Section 47-18-104(b), is amended by
adding the following as a new subdivision:
( ) Advertising, promoting, selling, or offering for sale a good or service that is
illegal or unlawful to sell in this state;
SECTION 13. SECTIONS 3, 6, 7, and 9-11 take effect July 1, 2025, the public welfare
requiring it. SECTIONS 1, 2, 4, 5, 8, and 12 take effect upon becoming a law, the public welfare
requiring it, and apply retroactively to causes of action arising prior to this act's taking effect and
to pending litigation.