Tennessee Consent to Discuss Consumer's File in Presence of Third Person

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Multi-State
Control #:
US-01408BG
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Description

The Fair Credit Reporting Act provides that the consumer, in obtaining disclosure of information in the consumer's file from a consumer reporting agency personally, is permitted to be accompanied by one other person of the consumer's choosing, which person must provide reasonable identification. The act further provides that the consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.

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FAQ

Tennessee Personal Rights Protection Act (?TPRPA?) Tennessee recognizes a statutory invasion of privacy claim arising from the property right in one's likeness/image where a person can show a causal connection between the infringement and a direct benefit going to the infringing party.

Tennessee provides a statutory right of publicity under its Personal Rights Protection Act of 1984. It provides ?property in the use? of one's ?name, photograph, or likeness.? The rights are considered ?freely assignable and licensable.? The statute also provides post-mortem rights.

The TIPA uses a similar definition for personal information as other state laws, namely: ?information that is linked or reasonably linkable to an identified or identifiable natural person.? It does not include publicly available information or de-identified or aggregate consumer information.

The Tennessee Attorney General's Office enforces the Tennessee Consumer Protection Act and other consumer related laws in order to protects consumers and businesses from those who engage in unfair or deceptive business practices. These enforcement actions are brought in the name of the State of Tennessee.

Similar to other state privacy laws, TIPA establishes a category of ?sensitive data? as personal information that includes: (1) personal information revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of ...

Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the use or employment by another person of an unfair or deceptive act or practice described in § 47-18-104(b) and declared to be unlawful by ...

TIPA is also the first state privacy law to feature an entity-level carve-out for insurance companies, entirely exempting all insurance companies licensed under Tennessee law (though insurance companies are often using the GLBA exemption of the other comprehensive state privacy laws to achieve similar exemptions).

Private Litigation 8 Consumers have only one year to bring the lawsuit. The one-year period starts to run on the day the consumer discovers the unlawful act. If a consumer does not discover the unlawful act until five years after the date the unlawful act happened, the time has run out to file the lawsuit.

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Tennessee Consent to Discuss Consumer's File in Presence of Third Person