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 directly 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 circuit 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 under 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 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 may facilitate nonparty discovery from that political 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 governmental 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 Protection 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, instead, 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, either 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 the 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 Times 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 governmental 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 top 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 law 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 penalties 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 "nonprofit organization" for purposes of the "Tennessee Information Protection Act" to mean a public utility organized or regulated, instead of only organized, under the laws of this state.

Statutes affected:
Introduced: 47-18-104(b)(27), 47-18-104, 47-18-104(b), 47-18-107(a), 47-18-107, 47-18-108, 47-18-111(a)(2), 47-18-111, 47-18-131(c)(4), 47-18-131, 47-18-131(c)(4)(B), 47-25-106(a), 47-25-106, 47-50-120, 47-50-121