Substituted for: House Bill No. 2195

By McDonald, Davidson, Head, Fowlkes, Williams, Pinion, Hood, Rhinehart, Lewis, Ferguson, Curtiss, Ridgeway, Fitzhugh, McMillan

AN ACT To amend Tennessee Code Annotated, Title 39 and Title 47, Chapter 18, relative to prohibited telephone solicitations.

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

SECTION 1. Tennessee Code Annotated, Section 47-18-120(c)(1), is amended by adding the following appropriately designated subpart:

(J) Offers lottery winnings to a consumer in exchange for incurring a monetary obligation or making a purchase.

SECTION 2. Tennessee Code Annotated, Section 47-18-120, is amended by adding the following new subsection:

(g) Notwithstanding any other provision of law, a violation of this section constitutes an unfair deceptive act or practice, and without limiting the scope of Section 47-18-104 shall be punishable by a civil penalty of a minimum of one thousand dollars ($1,000) to a maximum of ten (10) times the amount collected or requested by the offeror for each violation.

SECTION 3. Tennessee Code Annotated, Section 47-18-104(b), is hereby amended by adding the following appropriately designated new subsection:

(____) Offering lottery winnings in exchange for making a purchase or incurring a monetary obligation pursuant to T.C.A., Section 47-18-120.

SECTION 4. This act shall take effect July 1, 1998, the public welfare requiring it.