47-18-5518 - Communication by electronic or other means. [Effective July 1, 2010.] - Tennessee Statutes

47-18-5518. Communication by electronic or other means.   [Effective July 1, 2010.]

(a)  In this section:

     (1)  “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family or household purposes; and

     (2)  “Federal act” means the electronic signatures in the Global and National Commerce Act, 15 U.S.C. § 7001, et seq.

(b)  A provider may satisfy the requirements of § 47-18-5517, § 47-18-5519, or § 47-18-5527 by means of the Internet or other electronic means if the provider obtains a consumer's consent in the manner provided by 15 U.S.C. § 7001(c)(1).

(c)  The disclosures and materials required by §§ 47-18-5517, 47-18-5519 and 47-18-5520 shall be presented in a form that is capable of being accurately reproduced for later reference.

(d)  With respect to disclosure by means of an Internet web site, the disclosure of the information required by § 47-18-5517(d) must appear on one (1) or more screens that:

     (1)  Contain no other information; and

     (2)  The individual must see before proceeding to assent to formation of an agreement.

(e)  At the time of providing the materials and agreement required by §§ 47-18-5517(c) and (d), 47-18-5519 and 47-18-5527, a provider shall inform the individual that upon electronic, telephonic or written request, it will send the individual a written copy of the materials and shall comply with a request as provided in subsection (f).

(f)  If a provider is requested, before the expiration of ninety (90) days after an agreement is completed or terminated, to send a written copy of the materials required by § 47-18-5517(c) and (d), § 47-18-5519, or § 47-18-5527, the provider shall send them at no charge within three (3) business days after the request is received; but the provider need not comply with a request more than once per calendar month or if it reasonably believes the request is made for purposes of harassment. If a request is made more than ninety (90) days after an agreement is completed or terminated, the provider shall send, within a reasonable time, a written copy of the materials requested.

(g)  A provider that maintains an Internet web site shall disclose on the home page of its web site or on a page that is clearly and conspicuously connected to the home page by a link that clearly reveals its contents:

     (1)  Its name and all names under which it does business;

     (2)  Its principal business address, telephone number and electronic-mail address, if any; and

     (3)  The names of its principal officers.

(h)  Subject to subsection (i), if a consumer who has consented to electronic communication in the manner provided by 15 U.S.C. § 7001 withdraws consent as provided in 15 U.S.C. §  7001, a provider may terminate its agreement with the consumer.

(i)  If a provider wishes to terminate an agreement with a consumer pursuant to subsection (h), it shall notify the consumer that it will terminate the agreement unless the consumer, within thirty (30) days after receiving the notification, consents to electronic communication in the manner provided in 15 U.S.C. § 7001(c). If the consumer consents, the provider may terminate the agreement only as permitted by § 47-18-5519(a)(6)(G).

[Acts 2009, ch. 469, § 1.]