39-14-127 - Deceptive business practices. - Tennessee Statutes

39-14-127. Deceptive business practices.

(a)  A person commits an offense who, with intent to deceive, in the course of business:

     (1)  Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

     (2)  Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;

     (3)  Takes or tends to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure;

     (4)  Sells, offers or exposes for sale adulterated or mislabeled commodities;

          (A)  “Adulterated” means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; and

          (B)  “Mislabeled” means varying from the standard of disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage;

     (5)  Makes a false or misleading statement in any advertisements addressed to the public or to a substantial segment thereof for the purposes of promoting the purchase or sale of property or services;

     (6)  Makes false or deceptive representations in any advertisement or solicitation for services or products that those services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary or affiliate thereof; or

     (7)  Uses the name or logo of any bank, savings and loan association, savings bank or subsidiary or affiliate thereof, without the express written consent of the person whose name is used.

(b)  “Commodity,” as used in this section, means any tangible or intangible personal property.

(c)  Deceptive business practices is a Class B misdemeanor.

[Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 21; 2003, ch. 31, §§ 1-3.]