47-18-2102 - Definitions. - Tennessee Statutes

47-18-2102. Definitions.

As used in this part and in the Tennessee Consumer Protection Act, compiled in part 1 of this chapter, unless the context otherwise requires:

     (1)  “Ascertainable loss” means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice even when the precise amount of the loss is not known. Whenever a violation of this part has occurred, an ascertainable loss shall be presumed to exist;

     (2)  “Attorney general” means the office of the Tennessee attorney general and reporter;

     (3)  “Consumer report” has the meaning ascribed to that term by 15 U.S.C. § 1681a(d);

     (4)  “Consumer reporting agency” has the meaning ascribed to that term by 15 U.S.C. § 1681a(f);

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

     (6)  “Financial document” means any credit card, debit card, check or checking account information or number, savings deposit slip or savings account information or number, or similar financial account or account number, including but not limited to, a money market account, certificate of deposit, or other type of interest generating account with a bank, savings and loan or credit union account, or any other financial institution, mutual fund account, 401K account, individual retirement account, retirement account, or other stock account information, savings bond or other bond, credit line, equity line or other line of credit which the possessor of the account has the right to draw against;

     (7)  “Identification documents” means any card, certificate or document which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be a driver license, nondriver identification cards, birth certificates, marriage certificates, divorce certificates, passports, immigration documents, social security cards, employee identification cards, cards issued by the government to provide benefits of any sort, health care benefit cards, or health benefit organization, insurance company or managed care organization cards for the purpose of identifying a person eligible for services;

     (8)  “Identity theft” means:

          (A)  Obtaining, possessing, transferring, using or attempting to obtain, possess, transfer or use, for unlawful economic benefit, one or more identification documents or personal identification numbers of another person; or

          (B)  Otherwise obtaining, possessing, transferring, using or attempting to obtain, possess, transfer or use, for unlawful economic benefit, one (1) or more financial documents of another person;

     (9)  “Person” means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized;

     (10)  “Personal identification number” means any number that is assigned by the government to identify a particular person, including, but not limited to, social security number, federal tax payer identification number, Medicaid, Medicare or TennCare number which identifies a particular person eligible for benefits, any number assigned to a person as part of a licensure or registration process, such as a board of professional responsibility number, driver license number and passport number and any number assigned by an insurance company, health maintenance organization, managed care organization or other health benefit organization, for the purposes of identifying a particular person eligible for services; and

     (11)  “Tennessee Consumer Protection Act” means the Tennessee Consumer Protection Act of 1977, as amended, as compiled in part 1 of this chapter and related statutes. Related statutes specifically include any statute that indicates within the law, regulation or rule that a violation of that law, regulation or rule is a violation of the Tennessee Consumer Protection Act of 1977. Without limiting the scope of this definition, related statutes include but are not limited to: the Prize and Promotion Act, § 47-18-120; Health Club Act, as compiled in part 3 of this chapter; Buyer's Clubs Act, as compiled in part 5 of this chapter; Home Solicitations Sales Act of 1974, as compiled in part 7 of this chapter; Tennessee Credit Services Businesses Act, as compiled in part 10 of this chapter; Consumer Telemarketing Protection Act of 1990, as compiled in part 15 of this chapter; Unsolicited Telefacsimile Advertising Act, as compiled in part 16 of this chapter; Tennessee Employment Agency Act, as compiled in part 17 of this chapter; and Membership Camping Act, as compiled in title 66, chapter 32, part 3.

[Acts 1999, ch. 201, § 3; 2007, ch. 170, § 2.]