| 1 | 1 | | |
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| 2 | 2 | | <BillNo> <Sponsor> |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE BILL 1262 |
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| 5 | 5 | | By Yarbro |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | SB1262 |
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| 9 | 9 | | 001668 |
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| 10 | 10 | | - 1 - |
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| 11 | 11 | | |
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| 12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 45 |
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| 13 | 13 | | and Title 47, relative to the use of fake checks for |
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| 14 | 14 | | advertising. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 45, Chapter 1, Part 1, is amended by |
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| 18 | 18 | | adding the following as a new section: |
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| 19 | 19 | | 45-1-131. |
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| 20 | 20 | | (a) A person shall not send by mail a fake check or an image of a fake check for |
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| 21 | 21 | | the purpose of advertising. It is not an exception to this subsection (a) if the fake check |
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| 22 | 22 | | or the image of the fake check states that the check is not real, voided, or may be used |
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| 23 | 23 | | as a method to accept an expiring offer from the advertisement. |
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| 24 | 24 | | (b) The department of financial institutions shall enforce this section. The |
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| 25 | 25 | | department shall promulgate rules to effectuate this section. The rules must be |
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| 26 | 26 | | promulgated in accordance with the Uniform Administrative Procedures Act, compiled in |
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| 27 | 27 | | title 4, chapter 5. |
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| 28 | 28 | | (c) In addition to the remedies and penalties provided under this part, a violation |
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| 29 | 29 | | of this section constitutes a violation of the Tennessee Consumer Protection Act of 1977, |
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| 30 | 30 | | compiled in title 47, chapter 18, part 1. A violation of this section constitutes an unfair or |
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| 31 | 31 | | deceptive act or practice affecting trade or commerce and is subject to the penalties and |
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| 32 | 32 | | remedies as provided in the Tennessee Consumer Protection Act of 1977. |
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| 33 | 33 | | SECTION 2. Tennessee Code Annotated, Section 47-18-104(b), is amended by adding |
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| 34 | 34 | | the following as a new subdivision: |
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| 35 | 35 | | ( ) Violating ยง 45-1-131; |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | - 2 - 001668 |
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| 39 | 39 | | |
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| 40 | 40 | | SECTION 3. For the purpose of promulgating rules, this act takes effect upon becoming |
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| 41 | 41 | | a law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2025, |
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| 42 | 42 | | the public welfare requiring it, and applies to conduct occurring on or after that date. |
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