This bill enacts the "Tennessee 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 person 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 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. 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 complaint, 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 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. Investigation With regard to alleged violations, this bill provides 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 above 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 affiliates 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 and 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 person 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 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 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 UNDER 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 orders 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 paid 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 ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 204, AS AMENDED. AMENDMENT #1 adds that the term "government agency," as used in the bill, also includes a contractor of a branch, department, agency, commission, or instrumentality of this state.

Statutes affected:
Introduced: 47-18-2302(a), 47-18-2302, 65-4-405