68-15-208 - Unlawful to offer comfort exchange policy Violations. - Tennessee Statutes

68-15-208. Unlawful to offer comfort exchange policy Violations.

(a)  It is unlawful for a mattress manufacturer, wholesaler or retailer to offer a comfort exchange policy to a mattress buyer pursuant to the sale of a mattress. This subsection (a) shall not prevent a mattress buyer from returning a defective mattress in accordance with any warranty issued pursuant to the sale of a mattress if the mattress is not appropriately designated and tagged as used or secondhand.

(b)  A first offense for a violation of this part is a Class C misdemeanor, punishable by a fine only of fifty dollars ($50.00); a second offense is a Class B misdemeanor, punishable by a fine only of five hundred dollars ($500); and a third or subsequent offense is a Class A misdemeanor, punishable by a fine only of two thousand five hundred dollars ($2,500).

(c)  Each violation of this section shall be considered a separate offense.

(d)  A violation of this section shall constitute a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1. For the purpose of application of the Tennessee Consumer Protection Act, any violation of the provisions of this section shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce.

[Acts 2006, ch. 591, § 2; 2007, ch. 35, § 4.]