govt.fyi
Back to HB 743
Tennessee General Assembly· HB 743Transmitted to Governor for his action.

Consumer Protection - As enacted, enacts the "Debt Resolution Services Act." - Amends TCA Title 47, Chapter 18. HB0743 has been assigned Public Chapter Number 287 by the Secretary of State, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
··=·;·•·
              '•,?.:<1;; •.
              ··:··fi\
              r J.~i , ~ \,.'j
:•1~E-i'(AC'

                        ~tate of \!Cennessee

                          PUBLIC CHAPTER NO. 287

                                                  HOUSE BILL NO. 743

                                       By Representatives Keisling, Garrett

                                       Substituted for: Senate Bill No. 1078

                                             By Senators Johnson, Yager

         AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to debt
resolution services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 47, Chapter 18, is amended by adding
the following as a new part:

          47-18-5801. Short title.

                    This part is known and may be cited as the "Debt Resolution Services Act."

          47-18-5802. Part definitions.

                    As used in this part:

                              (1) "Active consumer" means a consumer for which an agreement to
                    resolve the consumer's debts has been accepted and who is actively making
                    payments to resolve the debt;

                              (2) "Affiliated with" means a dedicated account service provider that
                    controls, is controlled by, or is under common control with a licensee;

                              (3) "Agreement" means a contract between a licensee and a consumer
                    that meets the requirements of§ 47-18-5809;

                              (4) "Bank" means a financial institution, including a commercial bank,
                    savings bank, savings and loan association, credit union, mortgage bank, or a
                    trust company, engaged in the business of banking, that is chartered under
                    federal or state law and regulated by a federal or state banking regulatory
                    agency;

                              (5) "Business address" means the designation of the physical location of
                    a business, including the name and number of a street;

                              (6) "Business day" means a calendar day, except for Saturdays, Sundays,
                    and legal holidays;

                              (7) "Commissioner" means the commissioner of commerce and
                     insurance, or the commissioner's designee;

                               (8) "Consumer" means an individual who has executed an agreement
                    with a licensee;

                               (9) "Creditor" means a person that has extended credit to a consumer,
                     including an agent or assignee of the person;

                               (10) "Debt resolution services" means a program or service represented,
                     directly or by implication, to negotiate, settle, or in any way alter the terms of
                     payment or other terms of the debt between a consumer and one (1) or more
                     unsecured creditors, including a reduction in the balance, interest rate, or fees
                     owed by a consumer to an unsecured creditor;
HB743

                              (11) "Dedicated account" means an account that meets the criteria set
                    forth in § 47-18-5809(a)(1 )-(5);

                              (12) "Dedicated account service provider" means an entity that facilitates
                    transactions authorized by the consumer pursuant to the terms of 16 CFR
                    310.4(a)(5)(ii);

                              (13) "Enrolled consumer" means a consumer who is saving in a dedicated
                    account, but whose creditors have not accepted a reduced amount to resolve the
                    consumer's debt with the credits;

                              (14) "Licensee" means a provider of debt resolution services that
                    possesses a valid license issued pursuant to this part;

                              (15) "Person" means an individual, group, unincorporated association,
                    limited or general partnership, corporation, or other business entity;

                              (16) "Record" means information that is inscribed on a tangible medium or
                    that is stored in an electronic or other medium and is retrievable in perceivable
                    form; and

                              (17) "State" means a state of the United States, including this state, the
                    District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory
                    or possession subject to the jurisdiction of the United States.

          47-18-5803. License required.

                    (a) A person shall not provide or offer to provide debt resolution services in this
          state unless the person first obtains a license from the commissioner.

                    (b) A licensee shall obtain a license for the licensee's primary business address.

                    (c) A license must not be transferred or assigned.

                    (d) A licensee shall file a surety bond in favor of this state in an amount the
          commissioner determines before the licensee may provide or offer to provide debt
          resolution services in this state; provided, that the amount of the bond must not be
          greater than fifty thousand dollars ($50,000). The surety bond must be in effect during
          the period of licensure and for two (2) years after the date the licensee ceases providing
          debt resolution services to individuals in this state. The surety bond must have payment
           conditioned upon noncompliance with this part by the licensee or the licensee's agent.

                     (e) A licensee shall not provide debt resolution services in this state under a
           business name other than the business name that is listed on the licensee's license;
           provided, that a licensee may do business under an assumed name as long as the
           licensee registers the assumed name with the secretary of state and provides evidence
           of the registration with the commissioner.

           47-18-5804. Exempt persons.

                     (a) The following persons are exempt from this part:

                               (1) A person organized under § 501 (c) or § 501 (q) of the Internal
                     Revenue Code (26 U.S.C. § 501 );

                               (2) Judicial officers, including an individual acting under the direction of a
                     court;

                               (3) Banks and the employees of banks;

                               (4) Attorneys licensed to practice law in this state who provide debt
                     resolution services within an attorney-client relationship;

                               (5) Creditors or the employees of creditors who negotiate debt resolutions
                     with consumers or with licensees acting on behalf of consumers;

                                                                 2
HB743

                              (6) Assignees for the benefit of creditors;

                              (7) Officers or employees of the United States or any state who perform
                    debt resolution services on behalf of the federal government, a state, a
                    municipality, or a state agency, and who receive compensation solely from the
                    governmental entity;

                              (8) Certified public accountants licensed in this state who provide debt
                    resolution services within an accountant-client relationship;

                              (9) Dedicated account service providers that do not otherwise provide
                    debt resolution services for consumers; and

                              (10) Persons, to the extent that the person provides or agrees to provide
                    debt resolution services to an individual who the person has no reason to know
                    resides in this state at the time the person agrees to provide the services.

                    (b) The following persons are exempt from the licensing requirements
          established in§ 47-18-5803:

                              (1) A licensee's employees; and

                              (2) A person who:

                                        (A) Markets on behalf of a licensee; and

                                        (B) Does not otherwise provide debt resolution services.

          47-18-5805. Application for licensure.

                     (a)

                              (1) An application for a license or license renewal must:

                                        (A) Be in a form prescribed by the commissioner;

                                        (B) Contain information as the commissioner reasonably requires;

                                        (C) Be accompanied by a reasonable fee established by the
                              commissioner; and

                                         (D) Be signed under oath.

                               (2) A license to provide debt resolution services is valid for a period of two
                     (2) years from the date of issuance.

                     (b) The following items are required in an application for a license under this part:

                               (1) Proof of compliance with the Business Tax Act, compiled in title 67,
                     chapter 4, part 7, and any other requirement imposed by the secretary of state
                     for an entity to engage in business in this state;

                               (2) The applicant's name, principal business address, and telephone
                     number; all business addresses in this state; the principal email address for the
                     business; and the principal website address to be used for the business;

                               (3) The name and business address of each executive officer and
                     member of the board of directors, or equivalent leadership structure, of the
                     applicant;

                               (4) A statement describing, to the extent it is known or should be known
                     by the applicant, any material civil or criminal judgment in any jurisdiction, or any
                     enforcement action against the applicant, or any of the applicant's executive
                     officers or members of the applicant's board of directors, or equivalent leadership
                     structure, by any local, state, or federal governmental agency, in each case

                                                                 3
H8743

                   relating to debt adjusting, debt pooling, prorating, activity as a credit services
                   organization, unfair and deceptive trade practices, false advertising, this state's
                   consumer protection law, or any other similar law or regulation;

                              (5) A copy of each form of agreement and the schedule of fees and
                    charges that the applicant will use with consumers who reside in this state;

                              (6) Income statements and balance sheets from the applicant for the two
                    (2) fiscal years preceding the date of the application; and

                              (7) Evidence of accreditation or certification by an independent
                    accrediting or certifying organization approved by the commissioner or by a
                    national trade group for debt resolution services providers to certify that regular
                    audits have been completed to assure compliance with federal and state
                    regulations and with industry best practices.

                    (c) In connection with an application for license renewal, the licensee shall
          provide access to the licensee's books and records with respect to consumers in this
          state that are being or have been serviced by the licensee.

                    (d) The commissioner may participate in a multistate licensing system for the
          sharing of regulatory information and for the licensing and application, by electronic or
          other means, of entities engaged in the business of debt resolution services. The
          commissioner may establish requirements for participation by an applicant in a multistate
          licensing system that varies from this part. The applicant shall pay directly to a multistate
          licensing system any additional fees relating to participation in the multistate licensing
          system.

                    (e)

                              (1) The commIssIoner may require each applicant applying for initial
                    licensure under this part to submit a full set of fingerprints of each of the
                    applicant's executive officers in order for the commissioner to obtain and receive
                    national criminal history records from the criminal justice information services
                    division of the federal bureau of investigation. Unless the commissioner contracts
                    to obtain criminal history records, or makes use of an existing contract to obtain
                    criminal history records, pursuant to subdivision (e)(2), the commissioner may
                    submit each executive officer's fingerprints and the fee required to perform the
                    criminal history record check to the Tennessee bureau of investigation and the
                    federal bureau of investigation for state and national criminal history record
                    checks. The commissioner may require any fingerprints submitted pursuant to
                    this subsection (e) be provided in an electronic format.

                               (2) The commissioner may contract, or make use of an existing contract
                    with this state, for the collection and transmission of fingerprints authorized under
                     this section. If the commissioner contracts, or makes use of an existing contract,
                     then the commissioner may order the applicant to pay the fee for collecting and
                     transmitting fingerprints to the contractor. The commissioner may agree to a
                     reasonable fingerprinting fee to be charged by the contractor to the applicant.

                               (3) The commissioner shall treat and maintain any executive officer's
                     fingerprints and any criminal history record information obtained under this
                     section as confidential and limit the use of records solely to the purposes
                     authorized under this section. The fingerprints and any criminal history record
                     information are not subject to subpoena, other than a subpoena issued in a
                     criminal action or investigation, and are confidential by law and privileged, and
                     are not subject to discovery or admissible in evidence in any private civil action.

                               (4) The commissioner shall refuse to issue an initial license to an
                     applicant who does not provide fingerprints in compliance with this subsection
                     (e).

                                                                 4
HB743

                    (f) An applicant or licensee shall notify the commissioner within thirty (30) days
          after a material change in any of the information submitted in connection with an
          application for a license or license renewal submitted pursuant to this part, including:

                              (1) A change in the applicant's or licensee's principal place of business;

                              (2) A merger or dissolution related to the licensee; or

                              (3) An applicant or licensee pleading guilty to or being convicted of a
                    felony in a court of competent jurisdiction.

          47-18-5806. License issuance or denial.

                    (a) The commissioner may deny a license if:

                              (1) The applicant does not satisfy the requirements of§ 47-18-5805;

                              (2) The application contains information that is materially erroneous or
                    materially incomplete;

                              (3) The applicant fails to provide in a timely manner such information as
                    the commissioner reasonably requests;

                              (4) An executive officer or member of the board of directors, or equivalent
                    leadership structure, of the applicant has been convicted of or pied nolo
                    contendere to:

                                        (A) A felony; or

                                        (B) An act involving fraud, deceit, or dishonesty; or

                              (5) An executive officer or member of the board of directors, or equivalent
                    leadership structure, of the applicant has had a professional license revoked,
                    suspended, or subjected to enforcement action in any state, and the license has
                    not been reinstated.

                    (b) The commissioner shall provide to the applicant a written decision and
          findings containing the reasons supporting a denial of license issuance or renewal no
          later than twenty (20) days after the date of the denial. The applicant may appeal the
          denial to the chancery court of Davidson County no later than thirty (30) days after the
          applicant's receipt of the written decision denying the license issuance or renewal.

           47-18-5807. License suspension, revocation, or denial of renewal.

                    (a) The commissioner may suspend, revoke, or deny renewal of a license if:

                               (1) A licensee has violated this part or any rule adopted pursuant to this
                     part, or another law applicable to the conduct of the licensee's business;

                               (2) A fact or condition exists that, if it had existed when the licensee
                     applied for a license, would have warranted the commissioner refusing to issue
                     the license;

                               (3) The licensee does not satisfy the criteria required under § 47-18-
                     5805(b);

                               (4) The licensee has refused to permit the commissioner to examine the
                     licensee's books and records, failed to comply with § 47-18-5812, or made a
                     material misrepresentation or omission in complying with§ 47-18-5812; or

                               (5) The licensee has not responded within a reasonable time and in an
                     appropriate manner to the commissioner's communications.

                     (b) If the commissioner suspends, revokes, or denies renewal of a license, then
           the commissioner may require the licensee to make available the licensee's books and

                                                                 5
HB743

          records with respect to any consumers in this state that are being or have been serviced
          by the licensee.

                    (c) Except as provided in § 47-18-5808, a licensee must receive notice and a
          hearing before the commissioner revokes or suspends a license.

                    (d) A licensee may deliver a written notice to the commissioner to surrender the
          licensee's license. However, if a licensee surrenders the licensee's license, the
          licensee's civil or criminal liability for acts committed before the surrender is not affected.

                    (e) Upon a licensee's submission of an application for license renewal and until
          such time as an application for license renewal is approved or denied, the licensee may
          continue to provide or offer to provide debt resolution services, but a suspension or
          denial of a license terminates any right to provide or offer to provide debt resolution
          services in this state unless continuation is approved by the commissioner.

          47-18-5808. Powers of the commissioner -- Enforcement.

                    (a) The commissioner may promulgate rules to administer this part, including
          rules to establish reasonable fees to be paid by the applicants and licensees for the
          expenses of administering this part. The rules must be promulgated in accordance with
          the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

                    (b) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5,
          governs all matters and procedures regarding the hearing and judicial review of any
          violation or contested case arising under this part.

                    (c) If the commissioner finds that a delay in issuing an order under subsection (b)
          will irreparably harm the public interest, then the commissioner may summarily suspend
          the license pursuant to§ 4-5-320(d).

                     (d) Any order issued pursuant to this section is subject to review by appeal to the
          chancery court of Davidson County.

                     (e) The commissioner may:

                               (1) Act on the commissioner's own initiative or in response to complaints;

                               (2) Receive complaints;

                               (3) Take action to obtain voluntary compliance with this part;

                               (4) Refer cases to the attorney general and reporter, a district attorney
                     general, or another appropriate law enforcement official; and

                               (5) Seek and provide remedies as provided in this part.

                     (f) The commissioner may investigate the books, accounts, records, and files of a
           licensee or any other person that the commissioner has reason to believe is providing or
           offering to provide debt resolution services in this state.

           47-18-5809. Prerequisites and permitted practices for providing debt resolution
 services.

                     (a) A licensee may request or require a consumer, as a condition to the provision
           of debt resolution services, to establish and place funds into a dedicated account
           administered by a dedicated account services provider; provided, that:

                               (1) The funds are held in a federal deposit insurance corporation insured
                     bank;

                                (2) The consumer owns the funds held in the account, including all
                     accrued interest on the account, if any;

                                                                  6
HB743

                              (3) The dedicated account service provider is not owned or controlled by,
                    or affiliated with, the debt resolution services provider. For purposes of this
                    subdivision (a)(3), "control" means the direct or indirect possession of the power
                    to direct or cause the direction of the management of a licensee, whether by
                    contract or through ownership of more than twenty percent (20%) of the voting
                    securities of the licensee;

                              (4) The dedicated account service provider does not give or accept any
                    money or other compensation in exchange for referrals of business involving the
                    debt resolution services;

                              (5) The consumer may terminate the debt resolution services at any time
                    without penalty by giving notice as required in§ 47-18-5810(a), and thereafter,
                    the licensee shall notify the dedicated account services provider of the
                    consumer's termination within five (5) business days of receipt of the consumer's
                    notice of intent to terminate debt resolution services; and

                              (6) The agreement discloses the criteria set forth in subdivisions (a)(1 )-
                    (5).

                    (b) A licensee shall, at the time an agreement is executed by a consumer, or as
          shortly thereafter as practicable, distribute or otherwise make available to the consumer
          a copy of the executed agreement. For purposes of this part, electronic distribution of an
          executed agreement is permitted if the consumer agrees.

                    (c) The agreement with the consumer must disclose:

                              (1) The services that the licensee will perform;

                              (2) The methodology the licensee will use to calculate fees to be charged
                    for debt resolution services and, if known or if the information to calculate the fee
                    is reasonably available, at the time the agreement is executed, the fees that the
                    licensee will charge;

                               (3) The amount of time estimated on a good faith basis to be necessary to
                    achieve the resolution of all enrolled debts, and to the extent that the service may
                    include a resolution offer to any of the consumer's creditors, the time estimated
                    on a good faith basis when the debt resolution services provider will make a bona
                    fide resolution offer to each creditor;

                               (4) To the extent that the debt resolution services provider may include a
                     resolution offer to any of the consumer's creditors, the amount of money or the
                     percentage of each outstanding debt that the consumer must accumulate before
                     the debt resolution services provider will make a bona fide resolution offer to
                     each creditor;

                               (5) That debt resolution services may not be suitable for all individuals;

                               (6) To the extent that any aspect of the debt resolution services relies
                     upon or results in the consumer's failure to make timely payments to creditors,
                     that the consumer's failure to pay the consumer's debts will likely adversely affect
                     the consumer's creditworthiness, may result in the consumer being subject to
                     collection efforts, including lawsuits by creditors, and may increase the amount of
                     money the consumer owes due to the accrual of fees and interest;

                               (7) That, unless the consumer is insolvent, if a creditor resolves a debt for
                     less than its full amount, the resolution may result in the creation of taxable
                     income to the consumer, even though the consumer does not receive any
                     money;

                               (8) That specific results cannot be predicted or guaranteed and the
                     licensee cannot require a creditor to negotiate or resolve a debt;

                                                                  7
HB743

                              (9) That debt resolution services programs require an individual to meet
                    regular savings goals in order to enable resolutions;

                              (10) That the licensee does not provide tax, accounting, or legal advice to
                    an individual, unless the licensee is licensed in this state to provide such advice;

                              (11) That the licensee is the consumer's advocate and does not receive
                    compensation from creditors for providing debt resolution services to the
                    consumer;

                              (12) That the licensee does not make monthly or other payments to the
                    consumer's creditors;

                              (13) The list of debts that the agreement covers; and

                              (14) That, if applicable, the consumer's rights are subject to mandatory
                    arbitration of any and all disputes with the debt resolution services provider.

                    (d) A licensee shall maintain a toll-free telecommunications system, staffed at a
          level that has adequate capacity to accept requests from the reasonably anticipated
          volume of consumers contacting the licensee during ordinary business hours.

                    (e) A licensee may extend credit to a consumer in the form of a deferral of some
          or all of the licensee's fee for resolving the consumer's debts, at no additional expense to
          the consumer. A licensee may assist in arranging credit to the consumer if the credit is
          extended to the consumer by or through a person that is either separately licensed or
          authorized to perform lending in this state, or exempt from licensure.

           47-18-5810. Consumer's right to terminate agreement.

                     (a) A consumer may terminate an agreement at any time without penalty by
           notifying the licensee electronically, in writing, or telephonically on a recorded line.

                     (b) Within two (2) business days of receipt of a consumer's notice of termination,
           a licensee shall advise the consumer of the effect, if any, a termination of the consumer's
           debt resolution services program would have on a previously negotiated installment
           resolution agreement and any pending resolution negotiations. Not later than five (5)
           business days following the delivery of the advice, and absent further instruction from
           the consumer, a licensee shall notify the dedicated account service provider of the
           consumer's termination and request that the dedicated account service provider
           communicate with the consumer regarding disposition of all funds held in the dedicated
           account.

                     (c) Notwithstanding the consumer's right to terminate as set forth under
           subsection (a), the licensee is entitled to recover all fees earned prior to the receipt of a
           termination notice; provided, that the fee is requested or received in compliance with §
           47-18-5813.

           47-18-5811. Licensee's right to terminate agreement.

                     If a consumer fails to fulfill the consumer's contractual obligations on or before
           the sixth day after the consumer was required to fulfill the obligations, then the licensee
           may terminate its agreement with the consumer in writing, including electronically. If the
           licensee terminates the agreement in accordance with this section, then the consumer
           does not owe any further payment to the licensee as of the date the licensee terminates
           the agreement, other than for the fees previously earned by the licensee.
           Notwithstanding this part, if a consumer refuses to pay any fee to a licensee after the
           payment has been earned by the licensee, then the licensee may, upon proper notice to
           the consumer in writing, which may be provided electronically, terminate the licensee's
           agreement with the consumer immediately.

            47-18-5812. Annual reports.

                                                                  8
HB743

                    (a) A licensee shall file with the commissioner an annual report, under oath, that
          includes the following information for the calendar year reporting period:

                              (1) Total number of active consumers in this state;

                              (2) Total number of enrolled consumers in this state; and

                              (3) The total fees collected in this state.

                    (b) If a licensee does not file an annual report as required under subsection (a),
          or does not amend a filed report on or before the thirtieth day after the commissioner
          provides notice to the licensee that the licensee's filed annual report requires
          amendment, then the commissioner may assess civil penalties against the licensee and
          suspend, revoke, or refuse to renew the licensee's license.

          47-18-5813. Fees for debt resolution services.

                    (a) A licensee shall not impose, directly or indirectly, a fee or other charge on a
          consumer, or receive payment from or on behalf of a consumer, for performing debt
          resolution services, except as provided in this section.

                    (b) A licensee shall not request or receive payment of any fee or consideration
          for any debt resolution services unless:

                              (1) The licensee and the consumer have signed an agreement that
                    complies with§ 47-18-5809;

                              (2) The licensee has renegotiated, resolved, reduced, or otherwise
                    altered the terms of at least one (1) debt pursuant to a resolution agreement or
                    other such valid contractual agreement executed by the consumer and the
                    creditor;

                              (3) The consumer has made at least one (1) payment pursuant to the
                    resolution agreement or other valid contractual agreement between the
                    consumer and the creditor; and

                               (4) To the extent that debts enrolled in a service are renegotiated,
                     resolved, reduced, or otherwise altered individually, the fee or consideration
                     either:

                                         (A) Bears the same proportional relationship to the total fee for
                               renegotiating, resolving, reducing, or altering the terms of the entire debt
                               balance as the individual debt amount bears to the entire debt amount.
                               The individual debt amount and the entire debt amount are those owed at
                               the time the debt was enrolled in the service; or

                                         (B) Is a percentage of the amount saved as a result of the
                               renegotiation, resolution, reduction, or alteration. The percentage charged
                               cannot change from one (1) individual debt to another. The amount saved
                               is the difference between the amount owed at the time the debt was
                               enrolled in the service and the amount actually paid to satisfy the debt.

                     (c) Any fee or other charge imposed by or on behalf of a dedicated account
           service provider in connection with the administration of a dedicated account is not a fee
           or other charge imposed for performing debt resolution services for purposes of this part.

                     (d) Any fee or other charge imposed by or on behalf of a third-party legal service
           provider is not a fee or other charge imposed by a licensee for performing debt
           resolution services for purposes of this part.

           47-18-5814. Prohibitions.

                     (a) A licensee, a person who markets debt resolution services on behalf of a
           licensee, or a person described in§ 47-18-5804(b)(2) shall not:

                                                                 9
HB743

                 (1) Take or exercise a power of attorney that authorizes the licensee to
       resolve a debt. For purposes of this subdivision (a)(1 ), "resolve" means entering
       into a binding agreement to discharge in full a debt in exchange for a payment of
       a sum certain of money;

                 (2) Send to a creditor a cease and desist notice, or require a consumer to
       notify a creditor of changes of address or phone number in order to divert
       communication from the creditor to the debt resolution services provider rather
       than the consumer;

                 (3) Exercise or attempt to exercise any authority of the consumer after a
       licensee has received notice under § 47-18-5810 that the consumer has
       terminated the consumer's agreement with the licensee;

                 (4) Initiate, or request that a dedicated account service provider initiate, a
       transfer from a consumer's bank account unless the transfer is:

                           (A) A return of money to the consumer;

                           (B) Before any termination of an agreement and properly
                 authorized by the agreement and this part for payment of a fee; or

                           (C) At the express direction of the consumer, to a consumer's
                 creditor to fund a negotiated resolution with that creditor;

                 (5) Receive consumer funds or control consumer funds, other than to
       receive funds in payment of fees earned by the debt resolution services provider;

                 (6) Resolve a debt or lead a consumer to believe that a payment to a
       creditor is in resolution of a debt to the creditor unless, at the time of resolution,
       the creditor confirms that the payment is in full resolution of the debt or is part of
       a payment plan that, upon completion, will be in full resolution of the debt;

                 (7) Make a representation that:

                           (A) The licensee will furnish money to pay bills or prevent
                 attachments; or

                           (B) Participation in a program will prevent litigation, garnishment,
                 attachment, repossession, foreclosure, eviction, or loss of employment;

                 (8) Misrepresent that the licensee is able to furnish legal advice or
       perform legal services;

                 (9) Misrepresent, directly or by implication, any material aspect of a debt
       resolution services program, including the amount of money or the percentage of
       the debt amount that a consumer may save by using the service; the amount of
       time necessary to achieve the represented results; the amount of money or the
       percentage of each outstanding debt that the consumer must accumulate before
       the provider of the debt resolution services will initiate attempts with the
       consumer's creditors or make a bona fide offer to negotiate, resolve, or modify
       the terms of the consumer's debt; the effect of the service on a consumer's
       creditworthiness; the effect of the service on collection efforts of the consumer's
       creditors; the percentage or number of consumers who attain the represented
       results; or whether debt resolution services are offered or provided by a nonprofit
        entity;

                  (10) Take a confession of judgment or power of attorney to confess a
       judgment against a consumer;

                  (11) Purchase a debt or obligation of the consumer, or obtain a mortgage
        or other security interest from any person in connection with the services
        provided to the consumer;

       10
HB743

                              (12) Receive from or on behalf of a consumer a promissory note or other
                    negotiable instrument other than a check or a demand draft or a postdated check
                    or demand draft; or

                              (13) Except as permitted by federal law or by order of a court of
                    competent jurisdiction, disclose the identity or identifying information of a
                    consumer or the identity of the consumer's creditors, except to the commissioner,
                    upon proper demand, or to the extent necessary or appropriate to administer the
                    program, including to a dedicated account services provider or a creditor of the
                    consumer.

                    (b) An agreement must not:

                              (1) Provide for the application of law of any jurisdiction, other federal law,
                    or the law of a state of the United States;

                              (2) Except as otherwise permitted by the law of this state and the Federal
                    Arbitration Act (9 U.S.C. § 1 et seq.), restrict an individual's remedies under this
                    part or another law of this state; or

                              (3) Limit or release the liability of a person for failing to perform the
                    obligations of the agreement or for violating this part.

          47-18-5815. Information Requirements.

                    (a) A licensee shall distribute, or arrange to be distributed, a statement of
          accounting to a consumer:

                              (1) While a debt resolution services agreement is in effect:

                                        (A) At least once per month; and

                                        (8) On or before the fifth business day after a consumer requests
                              a statement of accounting from a licensee; provided, that a licensee is not
                              required to provide more than one (1) statement of accounting per month
                              per consumer in response to the consumer's request; and

                              (2) Within five (5) business days from the date on which a consumer or a
                    licensee terminates an agreement.

                    (b) A statement of accounting must contain the following information, to the
          extent applicable:

                              (1) The amount of money that the consumer has deposited into the
                    consumer's dedicated account, and all withdrawals from the dedicated account,
                    from the initiation of the consumer's debt resolution services program;

                               (2) The amounts, dates, and creditors associated with each resolution
                     obtained by the licensee on behalf of the consumer;

                               (3) The fees that the licensee has charged to and collected from the
                     consumer in connection with each of the consumer's resolutions;

                               (4) The amount of money that the consumer holds in the consumer's
                     dedicated account; and

                               (5) With respect to each resolution obtained by the licensee for the
                     consumer:

                                         (A) The total amount of money that the consumer paid to the
                               creditor in full discharge or satisfaction of the consumer's debt;

                                         (8) The amount of the debt at the time the licensee and the
                               consumer entered into the agreement;

                                                                 11
HB743

                                        (C) The amount of the debt at the time the creditor agreed to
                              resolve the debt; and

                                        (D) The amount of compensation that the licensee received or will
                              receive to resolve the debt.

                    (c) Notwithstanding subdivisions (a)(1) and (2), a licensee that enables, or
          arranges to enable, twenty-four (24) hours per day, seven (7) days per week, electronic
          access by a consumer to all of the consumer's deposit account transaction information,
          including all deposit and withdrawal activity, and electronic access by a consumer to
          account activity, including resolution information, account status, resolution dates,
          resolution amounts, and fees paid, satisfies the requirements of subsections (a) and (b).

          47-18-5816. Prohibition on false and misleading advertising.

                    (a) A licensee shall not, directly or through a person who markets debt resolution
          services on behalf of a licensee or a person described in§ 47-18-5804(b)(2), advertise,
          announce, broadcast, display, distribute, print, publish, televise, or permit another
          person to advertise, announce, broadcast, display, distribute, print, publish, or televise
          on the licensee's behalf a statement or representation related to debt resolution services
          that is deceptive, false, or misleading.

                    (b) A licensee shall not directly or indirectly provide anything of value in
          exchange for favorable treatment in reviews or favorable placement in rankings.

                    (c) A licensee, or an affiliate of a licensee, shall not directly or indirectly own or
          operate a website or other public-facing resource presenting rankings or consumer
          reviews of the licensee.

                    (d) A licensee shall not make any statement or take any action that is likely to
          mislead consumers regarding whether reviews the licensee uses to advertise its
          business accurately reflect all reviews consumers have submitted to the licensee.

                    (e) A licensee shall comply with 16 CFR Part 255 and with CFPB Bulletin 2022-
          05: Unfair and Deceptive Acts or Practices that Impede Consumer Reviews.

           47-18-5817. Records.

                    (a) At the time of providing to a consumer any materials or agreements required
          by this part, a licensee shall inform the consumer that upon electronic, telephonic, or
          written request, the licensee must send the consumer a copy of the materials and must
          comply with a request as provided in subsection (b).

                     (b) If a consumer submits a request to a licensee before the expiration of ninety
           (90) days after a program is completed or terminated to send a copy of the materials
           required by this section, then the licensee must send the materials to the consumer at no
           cost to the consumer within five (5) business days after the request; provided, however,
           that the licensee is not required to comply with more than one (1) request for materials
           from the same consumer per calendar month, or if the licensee reasonably believes the
           request is made for purposes of harassment. If a request is made more than ninety (90)
           days and less than two (2) years after a program is completed or terminated, then the
           licensee must send, within a reasonable time, a copy of the materials requested. The
           licensee is not required to comply with any request from a consumer made more than
           the later of:

                               (1) Two (2) years after a program is completed or terminated; or

                               (2) The applicable statute of limitations governing the contract.

                     (c) A licensee that maintains a website shall disclose on the home page or on a
           page that is clearly and conspicuously connected to the home page by a link that clearly
           reveals its contents:

                                                                 12
HB743

                              (1) The licensee's name and all names under which the licensee does
                    business in this state; and

                              (2) The licensee's principal business address, telephone number, and
                    email address, if any.

                    (d) A licensee shall keep, for a period of two (2) years from the date the record is
          produced, the following records:

                              (1) All substantially different advertising, brochures, telemarketing scripts,
                    promotional materials, and supportive data;

                              (2) The name and last known address of each consumer, the goods or
                    services purchased, the date the goods or services were first provided or the
                    consumer signed an agreement for the provision of the goods or services, and
                    the amount paid by the consumer for the goods or services; and

                              (3) The name, any fictitious name used, the last known home address
                    and telephone number, and the job titles for all current and former employees
                    directly involved in sales or solicitations; provided, however, that if the licensee
                    permits fictitious names to be used by employees, each fictitious name must be
                    traceable to only one (1) specific employee.

                    (e) In addition to the records required by subsection (d), the licensee must keep a
          copy of each signed agreement with any consumer for not less than five (5) years from
          the date that the consumer either graduates or terminates the debt resolution program.

                    (f) A licensee may keep the records required by subsections (d) and (e) in any
          form, and in the same manner, format, or place as the licensee keeps such records in
          the ordinary course of business. Failure to keep all records required by subsections (d)
          and (e) is a violation of this part.

                    (g) In the event of any dissolution or termination of the licensee's business, the
          principal of the licensee must maintain all records as required under subsections (d) and
          (e). In the event of any sale, assignment, or other change in ownership of the licensee's
          business, the successor business must maintain all records required under subsections
          (d) and (e).

           47-18-5818. Penalty for violation.

                     (a) If the commissioner finds that a person has violated a provision of this part, a
           rule adopted pursuant to this part, or any other law applicable to the conduct of a
           licensee, then the commissioner may order or impose a penalty upon the person, which
           must not exceed five thousand dollars ($5,000) per violation, up to a maximum of one
           hundred thousand dollars ($100,000), plus costs of investigation. Each day a violation
           occurs may be considered a separate offense.

                     (b) A finding or order by the commissioner that a violation under this part has
           occurred is reviewable pursuant to the Uniform Administrative Procedures Act, compiled
           in title 4, chapter 5.

           47-18-5819. Statute of limitations.

                     An action or proceeding brought by the commissioner under this part must be
           commenced within the later of the following:

                               (1) Four (4) years after the conduct that underlies the complaint is
                     discovered by the commissioner or the harmed consumer; or

                               (2) The applicable statute of limitations for any applicable criminal
                     offense.

           47-18-5820. Transition.

                                                                 13
HB743
                    (a) Transactions for licensees whose licenses were issued pursuant to part 55 of

          this chapter that were entered into prior to January 1, 2026, and the rights, duties, and
          interests resulting from such transactions, may be completed, terminated, or enforced as
          required or permitted by a law amended, repealed, modified, or preempted by this part
          as though the amendment, repeal, modification, or preemption had not occurred.

                    (b) Licenses issued pursuant to part 55 of this chapter prior to January 1, 2026,
          and the rights, duties, and interests resulting from the issuance of such licenses, may be
          completed, terminated, or enforced as required or permitted by a law amended,
          repealed, modified, or preempted by this part as though the amendment, repeal,
          modification, or preemption had not occurred.

                    (c) Businesses offering services other than debt resolution services whose
          licenses were issued pursuant to part 55 of this chapter may continue to operate under
          such license without transition to this part.
          SECTION 2. The headings to sections in this act are for reference purposes only and do
not constitute a part of the law enacted by this act. However, the Tennessee Code Commission
is requested to include the headings in any compilation or publication containing this act.
          SECTION 3. For purposes of rulemaking, this act takes effect July 1, 2025, the public
welfare requiring it. For all other purposes, this act takes effect January 1, 2026, and applies to
conduct occurring and licenses applied for or renewed on or after that date.

                                                           14
         HOUSE BILL NO. 743

PASSED:  April 1O, 2025

                                          CAMERON--s'EXTON,SPEAKER
                                         HOUSE OF REPRESENTATIVES

                         n., " · \ ~ ,.,R3A,N~D'Y9M..1~ALLY

                                                SPEAKER OF THE S~ATE

/Jrpr-; APPROVED this JL(I&. day of  I  2025

• U6. - BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.