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2017 Tennessee Code
Title 39 - Criminal Offenses
Chapter 14 - Offenses Against Property
Part 1 - Theft
§ 39-14-127. Deceptive business practices.
Universal Citation: TN Code § 39-14-127 (2017)
- (a) A person commits an offense who, with intent to deceive, in the course of business:
- (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
- (2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;
- (3) Takes or tends to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure;
- (4) Sells, offers or exposes for sale adulterated or mislabeled commodities;
- (A) "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; and
- (B) "Mislabeled" means varying from the standard of disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage;
- (5) Makes a false or misleading statement in any advertisements addressed to the public or to a substantial segment thereof for the purposes of promoting the purchase or sale of property or services;
- (6) Makes false or deceptive representations in any advertisement or solicitation for services or products that those services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary or affiliate thereof; or
- (7) Uses the trade name or trademark, or a confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in a solicitation for the offering of services or products if such use is likely to cause confusion, mistake or deception as to the source of origin, affiliation or sponsorship of such products or services; or, uses the trade name or trademark, or confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in any manner in a solicitation for the offering of services or products unless the solicitation clearly and conspicuously states the following in bold-face type on the front page of the solicitation:
- (A) The name, address and telephone number of the person making the solicitation;
- (B) A statement that the person making the solicitation is not affiliated with the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; and
- (C) A statement that the solicitation is not authorized or sponsored by the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary.
- (b) "Commodity," as used in this section, means any tangible or intangible personal property.
- (c) Deceptive business practices is a Class B misdemeanor.
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