Tennessee § 47-18-103 - Part definitions.

§ 47-18-103. Part definitions.

As used in this part, unless the context otherwise requires: “Attorney general” means the attorney general and reporter, or the attorney general and reporter's designee; “Bait and switch” or “switch” means advertising items to lure consumers, then inducing the consumers to buy different and more expensive items by failing to make available the goods or services advertised, or by disparaging the less expensive product. Provision of accurate factual information shall not be considered disparagement; “Consumer” means any natural person who seeks or acquires by purchase, rent, lease, assignment, award by chance, or other disposition, any goods, services, or property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated or any person who purchases or to whom is offered for sale a franchise or distributorship agreement or any similar type of business opportunity; “Contract for home improvement services” means a contractual agreement, written or oral, between a person performing home improvement services and a residential owner, and includes all labor, services and materials to be furnished and performed under such agreement; “Covered file-sharing program” means a computer program, application, or software that enables the computer on which such program, application, or software is installed to designate files as available for searching by and copying to one (1) or more other computers, to transmit such designated files directly to one (1) or more other computers, and to request the transmission of such designated files directly from one (1) or more other computers. “Covered file-sharing program” does not mean a program, application, or software designed primarily to operate as a server that is accessible over the Internet using the Internet domain name system, to transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications, or to provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, technical support or repair, or to detect or prevent fraudulent activities; [Deleted by 2019 amendment.] “Documentary material” means the original or copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated; “Goods” means any tangible chattels leased, bought, or otherwise obtained for use by an individual primarily for personal, family, or household purposes or a franchise, distributorship agreement, or similar business opportunity; “Home improvement services” means the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to any residential property, and includes but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, and roofing; “Home improvement services provider” means any person or entity, whether or not licensed pursuant to title 62, chapter 6, who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of the home improvement service for a fee. “Home improvement services provider” specifically includes but is not limited to a “residential contractor” as defined in § 62-6-102 when performing home improvement services and a “home improvement contractor” as defined in § 62-6-501; “Knowingly” or “knowing” means actual awareness of the falsity or deception, but actual awareness may be inferred where objective manifestations indicate that a reasonable person would have known or would have had reason to know of the falsity or deception; “Local telephone directory” means a telephone directory that is distributed by a telephone company or directory publisher, or provided as a service to subscribers located in the local exchanges contained in the directory. “Local telephone directory” includes: A classified advertising directory, commonly referred to as the yellow pages; A directory of individual telephone listings, commonly referred to as the white pages, whether identified as “business listings” or combined in listings of residences and businesses in a directory that does not have separate residence and business listings; A directory that includes listings of more than one (1) telephone company; or A directory assistance database or similar service, commonly used by dialing “411” and speaking with a live person or through an automated system; “Local telephone number” means a telephone number that has the three (3) number prefix used by the provider of telephone service for telephones physically located within the area covered by the local telephone directory in which the number is listed. “Local telephone number” does not include long distance numbers or 800, 888, or 900 exchange numbers listed in a local telephone directory; “Person” means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized; “Physical address” means the mailing address, including a zip code, which details the actual location of a person or entity, but does not include a post office box; “Possession” means actual care, custody, control, or management of residential property, but shall not include occupancy of residential property through a lease or rental agreement; “Residential owner” means a person who has possession of residential real property, including any person authorized by such residential owner to act on the residential owner's behalf; “Residential property” means the building structure where a person abides, lodges, resides or establishes a living accommodation or where a residential owner intends to abide, lodge, reside or establish a living accommodation following the completion of home improvement services made pursuant to a contract for home improvement services and includes the land on or adjacent to such building structure; “Services” means any work, labor, or services including services furnished in connection with the sale or repair of goods or real property or improvements thereto; and “Trade,” “commerce,” or “consumer transaction” means the advertising, offering for sale, lease or rental, or distribution of any goods, services, or property, tangible or intangible, real, personal, or mixed, and other articles, commodities, or things of value wherever situated. Acts 1977, ch. 438, § 3; 1986, ch. 860, § 1; 1988, ch. 974, § 1; 1999, ch. 473, § 1; 2008, ch. 873, § 1; 2010, ch. 779, § 1; 2010, ch. 1055, § 2; 2019, ch. 459, § 2. Compiler's Notes. Acts 2010, ch. 1055, § 7 provided that the act shall apply to any contract for home improvement services entered into on or after July 1, 2010. Acts 2019, ch. 459, § 55 provided that the division of consumer affairs in the department of commerce and insurance shall coordinate with the attorney general and reporter to transfer all documents, information, systems, and other material deemed relevant to the operation of the division of consumer affairs of the office of the attorney general and reporter. Amendments. The 2019 amendment added the definition for “attorney general” and deleted the definition for “division”, which read: “‘Division’ means the division of consumer affairs in the department of commerce and insurance;”. Effective Dates. Acts 2019, ch. 459, § 56. September 30, 2019. Law Reviews. Mass Tort–Class Action Certification–The Unavailability of Class Certification under the Tennessee Consumer Protection Act and the Appropriateness of Class Claims Alleging Common Law Fraud and Misrepresentation in Tennessee (Sarah-Katherine Adams Wright), 76 Tenn. L. Rev. 491 (2009). Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987). Cited: American Bldgs. Co. v. White, 640 S.W.2d 569, 1982 Tenn. App. LEXIS 413 (Tenn. Ct. App. 1982); County of Johnson by Board of Education v. United States Gypsum Co., 580 F. Supp. 284, 1984 U.S. Dist. LEXIS 20642 (E.D. Tenn. 1984); Haverlah v. Memphis Aviation, Inc., 674 S.W.2d 297, 1984 Tenn. App. LEXIS 3389 (Tenn. Ct. App. 1984); Akers v. Bonifasi, 629 F. Supp. 1212, 1984 U.S. Dist. LEXIS 22260 (M.D. Tenn. 1984); Chandler v. Prudential Ins. Co., 715 S.W.2d 615, 1986 Tenn. App. LEXIS 3011 (Tenn. Ct. App. 1986); Mackey v. Judy's Foods, Inc., 654 F. Supp. 1465, 1987 U.S. Dist. LEXIS 13585 (M.D. Tenn. 1987); Grantham & Mann v. American Safety Prods., 831 F.2d 596, 1987 U.S. App. LEXIS 12920 (6th Cir. Tenn. 1987); Nichols v. Merrill Lynch, Pierce, Fenner & Smith, 706 F. Supp. 1309, 1989 U.S. Dist. LEXIS 1182 (M.D. Tenn. 1989); Myint v. Allstate Ins. Co., 970 S.W.2d 920, 1998 Tenn. LEXIS 293 (Tenn. 1998); Turner v. E-Z Check Cashing, Inc., 35 F. Supp. 2d 1042, 1999 U.S. Dist. LEXIS 2045 (M.D. Tenn. 1999); Myers v. Hexagon Co., 54 F. Supp. 2d 742, 54 F. Supp. 742, 1998 U.S. Dist. LEXIS 22470 (E.D. Tenn. 1998); Messer Griesheim Indus. v. Cryotech of Kingsport, Inc., 45 S.W.3d 588, 2001 Tenn. App. LEXIS 26 (Tenn. Ct. App. 2001); Shah v. Racetrac Petroleum Co., 338 F.3d 557, 2003 FED App. 244P, 2003 U.S. App. LEXIS 14749 (6th Cir. Tenn. 2003); Constant v. Wyeth, 352 F. Supp. 2d 847, 2003 U.S. Dist. LEXIS 12786 (M.D. Tenn. 2003); Honeycutt v. First Fed. Bank, 278 F. Supp. 2d 893, 2003 U.S. Dist. LEXIS 14786 (W.D. Tenn. 2003); Fayne v. Vincent, 301 S.W.3d 162, 2009 Tenn. LEXIS 830 (Tenn. Dec. 11, 2009); Poole v. Union Planters Bank, N.A., 337 S.W.3d 771, 2010 Tenn. App. LEXIS 259 (Tenn. Ct. App. Apr. 8, 2010); Hanson v. J.C. Hobbs Co., — S.W.3d —, 2012 Tenn. App. LEXIS 807 (Tenn. Ct. App. Nov. 21, 2012); Leverette v. Tenn. Farmers Mut. Ins. Co., — S.W.3d —, 2013 Tenn. App. LEXIS 161 (Tenn. Ct. App. Mar. 4, 2013).