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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A litigation financier shall not:
(1) Pay or offer to pay commissions, referral fees or other forms of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees for referring a consumer to a litigation financier;
(2) Accept any commissions, referral fees, rebates or other forms of consideration from an attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees;
(3) Advertise false or misleading information regarding its products or services;
(4) Refer a consumer or potential consumer to a specific attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees; provided, that if a consumer does not have legal representation, the provider shall refer the consumer to a local or state bar referral service operated by a bar association or a nonprofit organization;
(5) Fail to promptly supply copies of any and all complete litigation financing contracts to the consumer and the attorney representing the consumer in the dispute;
(6) Attempt to obtain a waiver of any remedy, including but not limited to, compensatory, statutory, or punitive damages, that the consumer might otherwise have;
(7) Attempt to effect mandatory arbitration or otherwise effect waiver of a consumer's right to a trial by jury;
(8) Offer or provide legal advice to the consumer regarding the litigation financing or the underlying dispute; or
(9) Assign, which includes securitizing, a litigation financing contract, in whole or in part, to a third party; however:
(A) This subdivision (9) does not prevent a litigation financier that retains responsibility for collecting payment, administering, or otherwise enforcing the litigation financing contract from making an assignment that is:
(i) To a wholly owned subsidiary of the litigation financier;
(ii) To an affiliate of the litigation financier that is under common control with the litigation financier; or
(iii) A grant of a security interest that is pursuant to title 47, chapter 9 or is otherwise permitted by law; and
(B) If an assignment is authorized and made pursuant to this subdivision (9), for purposes of this section, “litigation financier” includes a successor-in-interest to a litigation financing contract.
(b) A commercial litigation financier shall not:
(1) Direct, or make decisions with respect to, the course of a civil action, administrative proceeding, legal claim, or other legal proceeding for which the commercial litigation financier has provided commercial litigation financing, or a settlement or other disposition thereof, including decisions in appointing or changing legal representatives, choice or use of expert witnesses, and litigation strategy. All rights to make decisions with respect to the course and settlement or other disposition of the subject civil action, administrative proceeding, legal claim, or other legal proceeding remains solely with the parties to such action, claim, or proceeding and their legal representatives; or
(2) Contract for, receive, or recover, whether directly or indirectly, an amount greater than an amount equal to the share of the proceeds collectively recovered by the parties in a civil action, administrative proceeding, legal claim, or other legal proceeding seeking to recover monetary damages financed by a commercial litigation financing contract after the payment of any attorney fees and costs owed in connection to such action, claim, or proceeding.
Cite this article: FindLaw.com - Tennessee Code Title 47. Commercial Instruments and Transactions § 47-16-105 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-16-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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