Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0204 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 565
3		-	By Hemmer
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 204
6	5		By Oliver
7	6
8	7
9	8		SB0204
10	9		001041
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 40,
14	13		Chapter 33, Part 2; Title 47; Title 65 and Title 66,
15	14		relative to consumer protection.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. This act is known and may be cited as the "Tennessee Homebuyer
19	18		Harassment Prevention Act."
20	19		SECTION 2. Tennessee Code Annotated, Title 47, Chapter 18, is amended by adding
21	20		the following as a new part:
22	21		47-18-5801.
23	22		As used in this part:
24	23		(1) "Affiliate" means any person controlling, controlled by, or under
25	24		common control with such person;
26	25		(2) "Division" means the division of consumer affairs in the office of the
27	26		attorney general and reporter;
28	27		(3) "Government agency" means a branch, department, agency,
29	28		commission, or instrumentality of this state, or an official or employee of a
30	29		branch, department, agency, commission, or instrumentality of this state; and
31	30		(4) "Person" means a natural person, individual, partnership, corporation,
32	31		trust, estate, incorporated or unincorporated association, and any other legal or
33	32		commercial entity however organized, including any affiliate.
34	33		47-18-5802.
35	34		(a)
36	35
37	36
38	37		- 2 - 001041
39	38
40	39		(1) A person shall not contact a property owner more than one (1) time in
41	40		a calendar year in connection with an unsolicited request or offer to buy the
42	41		property owner's real property.
43	42		(2) The limitation described in subdivision (a)(1) applies to contact made
44	43		through a telephone call, text message, email, mail, facsimile transmission, or
45	44		another form of contact.
46	45		(b) When a person contacts a property owner in connection with an unsolicited
47	46		request or offer to buy the property owner's real property, prior to making the solicitation,
48	47		the person shall provide to the property owner:
49	48		(1) The person's legal name;
50	49		(2) The address from which the person operates;
51	50		(3) A telephone number at which the person can be contacted; and
52	51		(4) An email address at which the person can be contacted.
53	52		(c) If the contact between a person and a property owner is part of an ongoing
54	53		negotiation between the person and the property owner, such contact is not an
55	54		unsolicited request or offer until the property owner states that the property owner does
56	55		not want to continue the negotiations, or, in the case of negotiations occurring through
57	56		text message, writes that the property owner does not want to continue negotiations.
58	57		47-18-5803.
59	58		(a) If a property owner believes a person has violated § 47-18-5802, then the
60	59		property owner may submit a complaint to the division. The division shall:
61	60		(1) Begin reviewing a complaint submitted pursuant to this subsection (a)
62	61		within twenty (20) business days from the date the complaint is submitted;
63	62		(2) Send a written notice to the property owner that the division is
64	63		reviewing the complaint; and
65	64
66	65
67	66		- 3 - 001041
68	67
69	68		(3) Send a written notice to the property owner upon completion of the
70	69		review describing the findings of the review, including whether the individual who
71	70		contacted the property owner is a licensed real estate agent, and the actions
72	71		taken, if any, as a result of the findings. The written notice must also include
73	72		information about the purposes of, and the means by which, the property owner
74	73		may enroll in the Tennessee Do Not Call Register as described in title 65,
75	74		chapter 4, part 4.
76	75		(b)
77	76		(1) With regard to alleged violations of § 47-18-5802, the attorney
78	77		general and reporter has all of the investigative and enforcement authority that
79	78		the attorney general and reporter has under part 1 of this chapter. The attorney
80	79		general and reporter may institute a proceeding involving alleged violations of
81	80		this part in Davidson County circuit or chancery court or another venue otherwise
82	81		permitted by law.
83	82		(2) The attorney general and reporter shall require the person being
84	83		investigated pursuant to a complaint submitted in accordance with subsection (a)
85	84		to disclose any affiliates of the person that have sent an unsolicited request to
86	85		buy the property owner's real property.
87	86		(3) If a court finds that a person violated § 47-18-5802, then the court
88	87		shall assess a civil penalty of up to two thousand dollars ($2,000) per violation.
89	88		The court may also order reimbursement to this state for the reasonable costs
90	89		and expenses of investigation and prosecution of actions under this part,
91	90		including reasonable attorneys' fees.
92	91
93	92
94	93		- 4 - 001041
95	94
96	95		(4) For purposes of determining how many violations a person has
97	96		committed, each contact beyond the permitted number under § 47-18-5802 by a
98	97		person, including any affiliate of the person, is a separate violation.
99	98		47-18-5804.
100	99		In addition to the penalties provided under § 47-18-5803, a violation of § 47-18-
101	100		5802, where a person knowingly causes any caller identification service to transmit
102	101		misleading or inaccurate caller identification information, including caller identification
103	102		information that does not match the area code of the person, to a property owner with
104	103		the intent to violate or otherwise circumvent § 47-18-5802 is also a violation of § 47-18-
105	104		2302, and subject to the remedies and penalties provided under part 23 of this chapter.
106	105		47-18-5805.
107	106		This part does not apply to:
108	107		(1) An individual who is licensed as a real estate agent in the state in
109	108		which the real property about which the individual contacted the property owner
110	109		is located; or
111	110		(2) A government agency.
112	111		SECTION 3. Tennessee Code Annotated, Section 47-18-2302(a), is amended by
113	112		adding the following as a new subdivision:
114	113		(3) A person to knowingly cause any caller identification service to transmit
115	114		misleading or inaccurate caller identification information, including caller identification
116	115		information that does not match the area code of the person, to a subscriber with the
117	116		intent to violate or otherwise circumvent § 47-18-5802.
118	117		SECTION 4. Tennessee Code Annotated, Section 65-4-405, is amended by deleting
119	118		subsections (g) and (h) and substituting:
120	119
121	120
122	121		- 5 - 001041
123	122
124	123		(g) The commission is authorized to allow access to the database and develop a
125	124		fee schedule for access to the database by independent contractors and the entity that
126	125		employs such contractors.
127	126		(h)
128	127		(1) As supplementary to the authority granted in this part, the attorney
129	128		general and reporter, at the request of the commission, may bring an action in
130	129		any court of competent jurisdiction in the name of the state against any person or
131	130		entity relative to a violation of this part or any rules promulgated pursuant to this
132	131		part. The courts are authorized to issue orders and injunctions to restrain and
133	132		prevent violations of this part, and such orders and injunctions must be issued
134	133		without bond. In any action commenced by the state, the courts are authorized
135	134		to order reasonable attorneys' fees and investigative costs be paid by the violator
136	135		to the state. An action brought by the attorney general and reporter may also
137	136		include other causes of action, including a claim under the Tennessee Consumer
138	137		Protection Act of 1977, compiled in title 47, chapter 18, part 1.
139	138		(2) If the commission is unable to enforce this part against a person or
140	139		entity because of a suspected violation of § 47-18-2302(a), then the commission
141	140		may refer the suspected violation to the attorney general and reporter for
142	141		enforcement in accordance with §§ 47-18-2302 and 47-18-2304.
143	142		SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and
144	143		applies to prohibited conduct occurring on or after that date.