| 4 | 3 | | |
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| 5 | 4 | | SENATE BILL 402 |
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| 6 | 5 | | By Lamar |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | SB0402 |
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| 10 | 9 | | 000076 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 9, |
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| 14 | 13 | | Chapter 8; Title 16; Title 18; Title 20; Title 21; Title |
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| 15 | 14 | | 27; Title 28; Title 29; Title 45; Title 47; Title 63 and |
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| 16 | 15 | | Title 68, relative to credit data. |
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| 17 | 16 | | |
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| 18 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 19 | 18 | | SECTION 1. Tennessee Code Annotated, Title 47, Chapter 18, is amended by adding |
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| 20 | 19 | | the following as a new part: |
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| 21 | 20 | | 47-18-5801. |
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| 22 | 21 | | As used in this part: |
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| 23 | 22 | | (1) "Consumer report" has the same meaning as defined by 15 U.S.C. § |
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| 24 | 23 | | 1681a(d); |
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| 25 | 24 | | (2) "Consumer reporting agency" has the same meaning as defined by |
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| 26 | 25 | | 15 U.S.C. § 1681a(f); |
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| 27 | 26 | | (3) "Debt collections agency" means a person or entity hired to collect or |
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| 28 | 27 | | attempt to collect debts due or asserted to be due to another person or entity; |
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| 29 | 28 | | (4) "Healthcare provider" means a healthcare practitioner, person, or |
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| 30 | 29 | | facility licensed, authorized, certified, registered, or regulated under title 33, title |
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| 31 | 30 | | 63, or title 68; and |
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| 32 | 31 | | (5) "Medical debt" means debt arising from the receipt of healthcare |
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| 33 | 32 | | services and related expenses. |
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| 34 | 33 | | 47-18-5802. |
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| 42 | 41 | | (b) Beginning July 1, 2025, a consumer reporting agency shall not include on a |
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| 43 | 42 | | consumer report a record of medical debt. |
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| 44 | 43 | | (c) If a consumer reporting agency includes information in a consumer report in |
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| 45 | 44 | | violation of subsection (b), then the person to whom the consumer report applies may |
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| 46 | 45 | | dispute the completeness or accuracy of such information, as provided under the federal |
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| 47 | 46 | | Fair Credit Reporting Act (15 U.S.C. § 1681i). |
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| 48 | 47 | | 47-18-5803. |
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| 49 | 48 | | (a) A violation of this part constitutes a violation of the Tennessee Consumer |
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| 50 | 49 | | Protection Act of 1977, compiled in part 1 of this chapter. A violation of this part |
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| 51 | 50 | | constitutes an unfair or deceptive act or practice affecting trade or commerce and is |
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| 52 | 51 | | subject to the penalties and remedies as provided in the Tennessee Consumer |
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| 53 | 52 | | Protection Act of 1977, in addition to the penalties and remedies in this part. |
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| 54 | 53 | | (b) The attorney general and reporter has all of the investigative and |
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| 55 | 54 | | enforcement authority that the attorney general and reporter has under the Tennessee |
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| 56 | 55 | | Consumer Protection Act of 1977 relating to alleged violations of this part. The attorney |
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| 57 | 56 | | general and reporter may institute any proceedings involving alleged violations of this |
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| 58 | 57 | | part in Davidson County circuit or chancery court or any other venue otherwise permitted |
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| 59 | 58 | | by law. |
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| 60 | 59 | | (c) Costs of any kind or nature cannot be taxed against the attorney general and |
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| 61 | 60 | | reporter or this state in actions commenced under this part. |
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| 62 | 61 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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