HB0106113th GA (Historical)Introduced

Amends TCA Title 40, Chapter 33, Part 2; Title 47 and Title 66.

This bill prohibits a developer, business entity, or individual working on behalf of a developer or business entity from contacting a property owner more than two times in a calendar year in connection with an unsolicited request to buy the property owner's real property. This limitation applies to contact made through a telephone call, email, mail, facsimile transmission, or another form of contact.<br /> <br /> If a developer, business entity, or individual working on behalf of a developer or business entity contacts a property owner in connection with an unsolicited request to buy the property owner's real property, then, prior to making the solicitation, this bill requires the person or entity to provide to the property owner:<br /> <br /> (1) The developer or business entity's legal name;<br /> <br /> (2) The address from which the developer or business entity operates;<br /> <br /> (3) A telephone number at which the developer or business entity can be contacted; and<br /> <br /> (4) An email address at which the developer or business entity can be contacted.<br /> <br /> This bill allows a property owner to submit a complaint to the consumer affairs division in the office of the attorney general, if the property owner believes a violation of the provisions above has occurred.<br /> <br /> The bill gives the attorney general the same investigative and enforcement authority that the attorney general has under the Tennessee Consumer Protection Act of 1977 and authorizes the attorney general to institute a proceeding involving alleged violations in Davidson County circuit or chancery court or another venue otherwise permitted by law.<br /> <br /> If a court finds that a developer or business entity is guilty of a violation, then this bill requires the court to assess a fine of up to $500 per violation, each contact beyond the permitted number being a separate violation. This bill also authorizes the court to order reimbursement to this state for the reasonable costs and expenses of investigation and prosecution of actions, including attorneys' fees.<br /> <br /> This bill applies to prohibited conduct occurring on or after July 1, 2023.<br />

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Overview

This bill prohibits a developer, business entity, or individual working on behalf of a developer or business entity from contacting a property owner more than two times in a calendar year in connection with an unsolicited request to buy the property owner's real property. This limitation applies to contact made through a telephone call, email, mail, facsimile transmission, or another form of contact.<br /> <br /> If a developer, business entity, or individual working on behalf of a developer or business entity contacts a property owner in connection with an unsolicited request to buy the property owner's real property, then, prior to making the solicitation, this bill requires the person or entity to provide to the property owner:<br /> <br /> (1) The developer or business entity's legal name;<br /> <br /> (2) The address from which the developer or business entity operates;<br /> <br /> (3) A telephone number at which the developer or business entity can be contacted; and<br /> <br /> (4) An email address at which the developer or business entity can be contacted.<br /> <br /> This bill allows a property owner to submit a complaint to the consumer affairs division in the office of the attorney general, if the property owner believes a violation of the provisions above has occurred.<br /> <br /> The bill gives the attorney general the same investigative and enforcement authority that the attorney general has under the Tennessee Consumer Protection Act of 1977 and authorizes the attorney general to institute a proceeding involving alleged violations in Davidson County circuit or chancery court or another venue otherwise permitted by law.<br /> <br /> If a court finds that a developer or business entity is guilty of a violation, then this bill requires the court to assess a fine of up to $500 per violation, each contact beyond the permitted number being a separate violation. This bill also authorizes the court to order reimbursement to this state for the reasonable costs and expenses of investigation and prosecution of actions, including attorneys' fees.<br /> <br /> This bill applies to prohibited conduct occurring on or after July 1, 2023.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 11, 2023

Subjects
10100255

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HB0106: Amends TCA Title 40, Chapter 33, Part 2; Title 47 and Title 66. | LegisGo