Amends TCA Title 38, Chapter 6; Title 45; Title 47; Title 56 and Title 62.
This bill generally prohibits a consumer reporting agency from creating or furnishing a consumer report containing the following information: (1) Bankruptcies that, from the date of the order for relief, antedate the report by more than seven years; (2) Suits that, from the date of filing, and satisfied judgments that, from the date of entry, antedate the report by more than seven years; (3) Unsatisfied judgments that, from the date of entry, antedate the report by more than seven years; (4) Unlawful detainer actions where the defendant was the prevailing party or where the action was resolved by settlement agreement; (5) Paid tax liens that, from the date of payment, antedate the report by more than seven years; (6) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years; (7) Records of arrest, indictment, information, or conviction of a Class B, C, D, or E felony offense or a misdemeanor offense that, from the date of disposition, release, or parole, antedate the report by more than seven years; or (8) Other adverse information that antedates the report by more than seven years. However, this bill provides that the prohibition above does not apply if the consumer report is to be used (i) in the underwriting of life insurance involving, or that may reasonably be expected to involve, an amount of $250,000 or more; or (ii) by an employer who is explicitly required by a governmental regulatory agency to check for records that are prohibited when the employer is reviewing a consumer's qualification for employment. REMEDIES This bill provides that if a consumer reporting agency includes information in a consumer report in violation of this bill, 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. A violation of this bill also constitutes a violation of the Tennessee Consumer Protection Act of 1977, and subjects the violator to the penalties and remedies as provided in that Act. This bill provides that the attorney general has all of the investigative and enforcement authority that the attorney general has under Tennessee Consumer Protection Act of 1977 relating to alleged violations of this bill. The attorney general may institute any proceedings involving alleged violations of this section in Davidson County circuit or chancery court or any other venue otherwise permitted by law. However, costs of any kind or nature cannot be taxed against the attorney general or the state in actions commenced under this bill.
This bill generally prohibits a consumer reporting agency from creating or furnishing a consumer report containing the following information: (1) Bankruptcies that, from the date of the order for relief, antedate the report by more than seven years; (2) Suits that, from the date of filing, and satisfied judgments that, from the date of entry, antedate the report by more than seven years; (3) Unsatisfied judgments that, from the date of entry, antedate the report by more than seven years; (4) Unlawful detainer actions where the defendant was the prevailing party or where the action was resolved by settlement agreement; (5) Paid tax liens that, from the date of payment, antedate the report by more than seven years; (6) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years; (7) Records of arrest, indictment, information, or conviction of a Class B, C, D, or E felony offense or a misdemeanor offense that, from the date of disposition, release, or parole, antedate the report by more than seven years; or (8) Other adverse information that antedates the report by more than seven years. However, this bill provides that the prohibition above does not apply if the consumer report is to be used (i) in the underwriting of life insurance involving, or that may reasonably be expected to involve, an amount of $250,000 or more; or (ii) by an employer who is explicitly required by a governmental regulatory agency to check for records that are prohibited when the employer is reviewing a consumer's qualification for employment. REMEDIES This bill provides that if a consumer reporting agency includes information in a consumer report in violation of this bill, 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. A violation of this bill also constitutes a violation of the Tennessee Consumer Protection Act of 1977, and subjects the violator to the penalties and remedies as provided in that Act. This bill provides that the attorney general has all of the investigative and enforcement authority that the attorney general has under Tennessee Consumer Protection Act of 1977 relating to alleged violations of this bill. The attorney general may institute any proceedings involving alleged violations of this section in Davidson County circuit or chancery court or any other venue otherwise permitted by law. However, costs of any kind or nature cannot be taxed against the attorney general or the state in actions commenced under this bill.
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