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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A licensee, a person who markets debt resolution services on behalf of a licensee, or a person described in § 47-18-5804(b)(2) shall not:
(1) Take or exercise a power of attorney that authorizes the licensee to resolve a debt. For purposes of this subdivision (a)(1), “resolve” means entering into a binding agreement to discharge in full a debt in exchange for a payment of a sum certain of money;
(2) Send to a creditor a cease and desist notice, or require a consumer to notify a creditor of changes of address or phone number in order to divert communication from the creditor to the debt resolution services provider rather than the consumer;
(3) Exercise or attempt to exercise any authority of the consumer after a licensee has received notice under § 47-18-5810 that the consumer has terminated the consumer's agreement with the licensee;
(4) Initiate, or request that a dedicated account service provider initiate, a transfer from a consumer's bank account unless the transfer is:
(A) A return of money to the consumer;
(B) Before any termination of an agreement and properly authorized by the agreement and this part for payment of a fee; or
(C) At the express direction of the consumer, to a consumer's creditor to fund a negotiated resolution with that creditor;
(5) Receive consumer funds or control consumer funds, other than to receive funds in payment of fees earned by the debt resolution services provider;
(6) Resolve a debt or lead a consumer to believe that a payment to a creditor is in resolution of a debt to the creditor unless, at the time of resolution, the creditor confirms that the payment is in full resolution of the debt or is part of a payment plan that, upon completion, will be in full resolution of the debt;
(7) Make a representation that:
(A) The licensee will furnish money to pay bills or prevent attachments; or
(B) Participation in a program will prevent litigation, garnishment, attachment, repossession, foreclosure, eviction, or loss of employment;
(8) Misrepresent that the licensee is able to furnish legal advice or perform legal services;
(9) Misrepresent, directly or by implication, any material aspect of a debt resolution services program, including the amount of money or the percentage of the debt amount that a consumer may save by using the service; the amount of time necessary to achieve the represented results; the amount of money or the percentage of each outstanding debt that the consumer must accumulate before the provider of the debt resolution services will initiate attempts with the consumer's creditors or make a bona fide offer to negotiate, resolve, or modify the terms of the consumer's debt; the effect of the service on a consumer's creditworthiness; the effect of the service on collection efforts of the consumer's creditors; the percentage or number of consumers who attain the represented results; or whether debt resolution services are offered or provided by a nonprofit entity;
(10) Take a confession of judgment or power of attorney to confess a judgment against a consumer;
(11) Purchase a debt or obligation of the consumer, or obtain a mortgage or other security interest from any person in connection with the services provided to the consumer;
(12) Receive from or on behalf of a consumer a promissory note or other negotiable instrument other than a check or a demand draft or a postdated check or demand draft; or
(13) Except as permitted by federal law or by order of a court of competent jurisdiction, disclose the identity or identifying information of a consumer or the identity of the consumer's creditors, except to the commissioner, upon proper demand, or to the extent necessary or appropriate to administer the program, including to a dedicated account services provider or a creditor of the consumer.
(b) An agreement must not:
(1) Provide for the application of law of any jurisdiction, other federal law, or the law of a state of the United States;
(2) Except as otherwise permitted by the law of this state and the Federal Arbitration Act (9 U.S.C. § 1 et seq.), restrict an individual's remedies under this part or another law of this state; or
(3) Limit or release the liability of a person for failing to perform the obligations of the agreement or for violating this part.
Cite this article: FindLaw.com - Tennessee Code Title 47. Commercial Instruments and Transactions § 47-18-5814 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-18-5814/
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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