HB 2453

This bill makes various changes and additions to the Tennessee Consumer Protection Act of 1977 (referred to in this summary as the "Act""), the Tennessee Information Protection Act, and present law concerning unlawful restraint of trade. Present law authorizes the attorney general to negotiate and accept an assurance of voluntary compliance with respect to any act or practice considered to violate the Act from an alleged violator. Any such assurance must be in writing and be filed with and subject to the approval of the circuit or chancery court of Davidson County. Effective July 1, 2026, this bill removes the requirements that the assurance be in writing and subject to judicial approval. This bill adds that, i n any action brought by the attorney general and reporter to enjoin an unfair or deceptive practice affecting commerce, the attorney general and reporter is deemed to lack possession, custody, or control over documents possessed by the general assembly, other state officers, or any state agencies or institutions. If such an action is asserted on behalf of a political su bdivision or agency, then the attorney general and reporter may facilitate nonparty discovery from that political su bdivision or agency as an instrumentality with an interest in the litigation consistent with present law . Under present law, the act does not apply to a publisher, broadcaster, or other person principally engaged in the preparation or dissemination of information or the reproduction of printed or pictorial matter, who has prepared or disseminated such information or matter on behalf of others without not ification from the attorney general that the information or matter violates or is being used as a means to violate the Act. This bill adds that, in order for such exemption to apply, the claim must concern the underlying published content's violation of this part. Present law generally authorizes a ny person who is directly or indirectly injured or damaged by an unlawful restraint of trade, such as price fixing or a monopoly, to sue for and recover equitable relief and actual damages . This bill specifies that such actions may be brought individually. Present law requires third-party ticket reseller s, ticket broker s, ticket issuer s, and ticket resale website s to disclose the total cost of a ticket . Present law also prohibits increasing the price of a ticket sold through a website after a consumer has selected that ticket for purchase . Effective July 1, 2026, this bill makes a violation of the ticket disclosure requirement or pricing requirement a violation of the Act. The Tennessee Information Protection Act prohibits a person who determines the purpose and means of processing personal information (a ""controller"") from process ing sensitive data concerning a consumer without obtaining the consumer's consent . Present law defines ""sensitive data"" to include various categories of personal information, including t he processing of genetic or biometric data for the purpose of uniquely identifying a natural person . Under present law, ""b iometric data "" : ( 1 ) Means data generated by automatic measurement of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retina or iris, or other unique biological patterns or characteristics that are used to identify a specific individual; and ( 2 ) Does not include a physical or digital photograph, video recording, or audio recording or data generated from a photograph or video or audio recording; or information collected, used, or stored for healthcare treatment, payment, or operations under HIP AA . Effective July 1 2026, this bill removes data generated from a photograph or video or audio recording from (2). Except as specified in this summary, this bill take s effect upon becoming a law and appl ies retroactively to causes of action arising prior to this bill 's taking effect and to pending litigation."