47-18-2203 - Definitions. - Tennessee Statutes

47-18-2203. Definitions.

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

     (1)  “Consumer” means any renter, purchaser, or subscriber of goods or services from a video tape service provider or video tape seller;

     (2)  “Informed, written consent of the consumer” means that the video tape service provider, prior to furnishing any video tape services, shall offer the consumer an opportunity to elect not to have personally identifiable information disclosed. Such notice shall be in writing in at least ten point (10 pt.) bold face type, affixed to any membership, subscriber or rental agreement between the consumer and the video tape service provider, and shall be posted on a sign in full and clear view of the consumer at the point of rental transaction, and shall read as follows:

“This video tape service provider from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented by video customers. You have the right to elect not to have your name, address or the description or subject matter of any material rented included in such description or subject matter of any material rented included in such lists. This election may be changed by you, in writing, at any time.”;

     (3)  “Ordinary course of business” means only debt collection activities, order fulfillment, request processing, and the transfer of ownership;

     (4)  “Personally identifiable information” means any information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider or video tape seller;

     (5)  “Video tape seller” means any person engaged in the business of selling prerecorded video cassette tapes or similar audio visual materials; and

     (6)  “Video tape service provider” means any person engaged in the business of rental of prerecorded video cassette tapes or similar audio visual materials.

[Acts 1999, ch. 342, § 4.]