Tennessee § 45-2-1204 - List of contact persons.

§ 45-2-1204. List of contact persons.

A financial service provider may offer to an elderly or vulnerable adult the opportunity to submit and periodically update a list of persons that the elderly or vulnerable adult authorizes the financial service provider to contact when the financial service provider has reasonable cause to suspect that the adult is a victim or a target of financial exploitation. Notwithstanding subsection (a), a financial service provider, or an officer or employee of the financial service provider, that has reasonable cause to suspect that an elderly or vulnerable adult is the victim or target of financial exploitation may convey the suspicion to one (1) or more of the following, provided that the person is not the suspected perpetrator: Persons on the list described in subsection (a), if a list has been provided by the elderly or vulnerable adult; A co-owner, additional authorized signatory, or beneficiary on the elderly or vulnerable adult's account; or A person known by the financial service provider to be a family member, including a parent, adult child, or sibling. When providing information under this section, the financial service provider may limit the information and disclose only that the financial service provider has reasonable cause to suspect that the elderly or vulnerable adult may be a victim or target of financial exploitation without disclosing any other details or confidential personal information regarding the financial affairs of the elderly or vulnerable adult. The financial service provider may choose not to contact one (1) or more persons on the list provided pursuant to subsection (a) if the financial service provider suspects that the person or persons are engaged in financial exploitation. The financial service provider may rely on information provided by the customer in compiling a list of contact persons. A financial service provider, or an employee of a financial service provider, is immune from all criminal, civil, and administrative liability for contacting a person or electing not to contact a person under this section and for actions taken in furtherance of that determination if the determination was made based on reasonable belief. Contact with any person, and any information provided under this section, is exempt from the customer consent and customer notice provisions in §§ 45-10-105 and 45-10-106. Acts 2017, ch. 264, § 1. Compiler's Notes. Acts 2017, ch. 264, § 1 enacted a new part 22, §§ 45-2-2201 — 45-2-2206 , but the part has been redesignated as part 12, §§ 45-2-1201 — 45-2-1206 by authority of the Code Commission. Acts 2017, ch. 264, § 6 provided that the Department of Financial Institutions is encouraged, within existing public or private resources, to consult with financial service providers as defined in this act, the Tennessee Commission on Aging and Disability, and the Department of Human Services to consider distributing public education and information to alert the public to the dangers posed to elderly and vulnerable adults by financial exploitation. Acts 2017, ch. 264, § 7 provided that the act, which enacted this section, shall be repealed on June 30, 2022. However, Acts 2020, ch. 605, § 9 deleted the language of chapter 264 of the Public Acts of 2017, which provided for the repeal. Cross-References. Confidentiality of public information, § 10-7-504 .