Amends TCA Title 8; Title 9, Chapter 8; Title 10, Chapter 7; Title 16; Title 18; Title 20; Title 21; Title 27; Title 28; Title 29; Title 45; Title 47; Title 50, Chapter 6 and Title 66.
Beginning July 1, 2023, this bill prohibits a consumer reporting agency from including on a consumer report a record of a legal proceeding for collection of a debt, monetary compensation for damages caused by a person's act or omission, or eviction ("civil action") if the following occurs:<br /> <br /> (1) The action was dismissed with prejudice and a notice of appeal was not timely filed;<br /> <br /> (2) The action was dismissed without prejudice, but cannot be recommenced under law; or<br /> <br /> (3) A satisfaction of judgment was entered for the court's final judgment in the action.<br /> <br /> Pursuant to this bill, if a consumer reporting agency includes information in a consumer report in violation of the above provision, then the person to whom the consumer report applies may dispute the completeness or accuracy of such information, as provided under the federal Fair Credit Reporting Act. However, this bill does not prohibit a consumer reporting agency from including in a consumer report a debt that is based on a valid judgment that has not been satisfied.<br /> <br /> REMEDIES<br /> <br /> A violation of this bill constitutes a violation of the Tennessee Consumer Protection Act of 1977, and is subject to the penalties and remedies as provided in that act, in addition to the penalties and remedies in this bill.<br /> <br /> This bill grants the attorney general all of the investigative and enforcement authority that the attorney general has under that act relating to alleged violations of this bill. This bill authorizes the attorney general to institute any proceedings involving alleged violations of this bill in Davidson County circuit or chancery court or any other venue otherwise permitted by law. This bill provides that costs of any kind or nature cannot be taxed against the attorney general or the state in actions commenced under this bill.<br />
Beginning July 1, 2023, this bill prohibits a consumer reporting agency from including on a consumer report a record of a legal proceeding for collection of a debt, monetary compensation for damages caused by a person's act or omission, or eviction ("civil action") if the following occurs:<br /> <br /> (1) The action was dismissed with prejudice and a notice of appeal was not timely filed;<br /> <br /> (2) The action was dismissed without prejudice, but cannot be recommenced under law; or<br /> <br /> (3) A satisfaction of judgment was entered for the court's final judgment in the action.<br /> <br /> Pursuant to this bill, if a consumer reporting agency includes information in a consumer report in violation of the above provision, then the person to whom the consumer report applies may dispute the completeness or accuracy of such information, as provided under the federal Fair Credit Reporting Act. However, this bill does not prohibit a consumer reporting agency from including in a consumer report a debt that is based on a valid judgment that has not been satisfied.<br /> <br /> REMEDIES<br /> <br /> A violation of this bill constitutes a violation of the Tennessee Consumer Protection Act of 1977, and is subject to the penalties and remedies as provided in that act, in addition to the penalties and remedies in this bill.<br /> <br /> This bill grants the attorney general all of the investigative and enforcement authority that the attorney general has under that act relating to alleged violations of this bill. This bill authorizes the attorney general to institute any proceedings involving alleged violations of this bill in Davidson County circuit or chancery court or any other venue otherwise permitted by law. This bill provides that costs of any kind or nature cannot be taxed against the attorney general or the state in actions commenced under this bill.<br />
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