47-18-103 - Definitions. - Tennessee Statutes

47-18-103. Definitions.

As used in this part, unless the context otherwise requires:

     (1)  “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;

     (2)  “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;

     (3)  “Division” means the division of consumer affairs in the department of commerce and insurance;

     (4)  “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;

     (5)  “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;

     (6)  “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;

     (7)  “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)  A classified advertising directory, commonly referred to as the yellow pages;

          (B)  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;

          (C)  A directory that includes listings of more than one (1) telephone company; or

          (D)  A directory assistance database or similar service, commonly used by dialing “411” and speaking with a live person or through an automated system;

     (8)  “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.

     (9)  “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;

     (10)  “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

     (11)  “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.]