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Can I offer discounts or promotions without violating pricing laws in Tennessee? What are the requirements?
Discounts and Promotions in Tennessee
To offer discounts or promotions without violating pricing laws in Tennessee, you must comply with the Tennessee Consumer Protection Act [1.1]. Any violation of this act constitutes an unfair or deceptive act or practice affecting the conduct of any trade or commerce. Additionally, you must comply with the Tennessee Coupon Sales Promotion Act [3.3] if you plan to offer coupons.
Under the Tennessee Coupon Sales Promotion Act, you must have a prior contract or agreement in writing with the coupon sponsor, and a copy of such contract shall be furnished to the sponsor at the time of its execution [3.4]. The contract shall set forth all terms and conditions under which coupons obligating the sponsor may be published, distributed, or sold. The contract shall include a specific description of the goods, services, or discount privileges which the sponsor will provide in exchange for each coupon presented for redemption, the hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor, the expiration date of the coupon, and all purchases required of a coupon holder as a condition of redemption and any other restrictions or limitations imposed on the redemption of the coupons by the sponsor [3.4].
Furthermore, the Tennessee Retail Installment Sales Act applies to membership camping contracts covered by this part [1.2].
The Tennessee public utility commission shall retain regulatory jurisdiction established in this title for specific, individual telecommunications services. Except as provided in this section, the commission shall not assert regulatory jurisdiction over the retail offering of combinations or bundles of products or services, whether or not such combinations or bundles of products or services are subject to a tariff or other regulatory filing with the commission as of May 28, 2005, and whether or not comprised of products or services provided by a local exchange carrier alone or with another company [2.1].
It is the policy of the general assembly to encourage and not prohibit or delay attractive discount pricing and special promotional offers for telecommunications services. To implement the policy articulated in this section and to encourage low prices, notwithstanding any other law, all telecommunications providers shall be permitted to offer promotional incentives for telecommunications services, including rebates and limited free service offerings, with such promotions not extending more than six (6) months [2.3].
In summary, to offer discounts or promotions without violating pricing laws in Tennessee, you must comply with the Tennessee Consumer Protection Act, the Tennessee Coupon Sales Promotion Act, and the Tennessee Retail Installment Sales Act. Additionally, telecommunications providers are permitted to offer promotional incentives for telecommunications services, including rebates and limited free service offerings, with such promotions not extending more than six (6) months.
Source(s):
- [1.1] Violation of Tennessee Consumer Protection Act.
- [2.1] Retail offering of combinations or bundles of products or services.
- [2.3] Promotional incentives for telecommunications services — Policy — Implementation.
- [1.2] Retail Installment Sales Act applicable.
- [3.3] Short title.
- [3.4] Coupons — Restrictions on number, distribution, and terms.
Jurisdiction
Tennessee