Tennessee § 47-18-111 - Exemptions.

§ 47-18-111. Exemptions.

This part does not apply to: Acts or transactions required or specifically authorized under the laws administered by, or rules and regulations promulgated by, any regulatory bodies or officers acting under the authority of this state or of the United States; 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 this part; Credit terms of a transaction which may be otherwise subject to this part, except insofar as the Tennessee Equal Consumer Credit Act of 1974, compiled in part 8 of this chapter may be applicable; or A retailer who has in good faith engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that such claims violated this part. The burden of proving an exemption from this part, as provided in this section, shall be upon the person claiming the exemption. Acts 1977, ch. 438, § 12; 1988, ch. 974, § 4; 2019, ch. 459, § 12. Compiler's Notes. 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 substituted “attorney general” for “division” in (a)(2). 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). Cited: Nichols v. Merrill Lynch, Pierce, Fenner & Smith, 706 F. Supp. 1309, 1989 U.S. Dist. LEXIS 1182 (M.D. Tenn. 1989); Joyner v. Triple Check Financial Service, 782 F. Supp. 364, 1991 U.S. Dist. LEXIS 19144 (W.D. Tenn. 1991); Myint v. Allstate Ins. Co., 970 S.W.2d 920, 1998 Tenn. LEXIS 293 (Tenn. 1998); Winkler v. Interim Servs., Inc., 36 F. Supp. 2d 1026, 1999 U.S. Dist. LEXIS 7454 (M.D. Tenn. 1999); Gaston v. Tenn. Farmers Mut. Ins. Co., 120 S.W.3d 815, 2003 Tenn. LEXIS 1088 (Tenn. 2003).