CHAPTER NO. 1001

HOUSE BILL NO. 2501

By Representatives Lois DeBerry, Armstrong, Miller, Bowers, Pleasant, Haley, Hargett, Langster

Substituted for: Senate Bill No. 2546

By Senator Dixon

AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 50, Part 1, relative to certain retail sales practices.

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

SECTION 1. Tennessee Code Annotated, Title 47, Chapter 50, Part 1Error! Bookmark not defined., is amended by adding the following language as a new, appropriately designated section:

Section ___. (a) When clothing is purchased that contains an anti-theft security tag and the tag is not removed at the time of purchase, and the customer resides more than a fifteen (15) minute commute from the retailer, the retailer shall reimburse the customer for mailing costs incurred by the customer in returning the item of clothing for removal of the tag. Upon showing proof of purchase of the item and proof of mailing costs, the retailer shall reimburse the customer for such costs.

(b) It shall be deemed to be an unfair business practice under the Consumer Protection Act, Title 47, Chapter 18, if a retailer fails to reimburse the customer in accordance with subsection (a).

SECTION 2. Tennessee Code Annotated, Title 47, Chapter 50, Part 1, is amended by adding the following language as a new appropriately designated section:

Section ___. (a) Upon cancellation of any performance or event for which a ticket for admission is sold, the ticketing service company that contracts to sell tickets for such event or performance at retail ticket outlets shall refund to all ticket purchasers the purchase price of the ticket plus any service fees or charges paid by the purchaser for such ticket.

(b) It shall be deemed to be an unfair business practice under the Consumer Protection Act, Title 47, Chapter 18, if a ticketing service company fails to refund the purchase price in accordance with subsection (a).

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.

PASSED:

May 1, 1998

APPROVED this 18th day of May 1998