Tennessee Code Annotated
Tenn. Code Ann. § 47-11-107 (2026)
Penalty for violations - Liquidated damages
✓ current as of May 2026
- (a) An intentional and willful violation of this chapter is a Class C misdemeanor.
- (b) In case of an intentional failure to comply with this chapter, or in case the seller shall permit the buyer to sign a contract containing blank spaces not permitted by this chapter, the buyer shall have a right to recover from the person committing such violation, or to set off or counterclaim in any action by such person to enforce a contract or agreement, as liquidated damages, an amount equal to the whole of the original time balance in a contract, and all amounts payable under an agreement with respect to the transaction or transactions to which such violation pertains, together with reasonable attorney's fees.
- (c) In case of any other failure to comply with this chapter, the buyer shall have a right to recover from the person committing such violation, or to set off or counterclaim in any action by such person to enforce a contract or agreement, as liquidated damages, an amount equal to two (2) times the time price differential charged to the buyer, together with reasonable attorney's fees.
- (d) Notwithstanding this section, no person shall be subject to any penalty for any failure to comply with any provision of this chapter until the retail buyer has notified such person in writing of such failure and unless within thirty (30) days after such notice such failure is not corrected by such person.
Acts 1961, ch. 110, § 1; T.C.A., § 47-1907; Acts 1989, ch. 591, § 111.
Notes of Decisions
Cited in 1
case, 1977–1977 · leading case: Dawson v. Advance Mortg. Corp., 556 S.W.2d 761 (Tenn. 1977).
Dawson v. Advance Mortg. Corp., 556 S.W.2d 761 (Tenn. 1977). “Appellants brought this suit against the holder of a retail installment contract, seeking to recover one of the statutory penalties for violation contained in T.C.A. § 47-11-107(b) and (c). Appellee had purchased the contract from the retail seller at some time after the…”
Tenn. Code Ann. § 47-11-107(b): 1 case
Dawson v. Advance Mortg. Corp., 556 S.W.2d 761 (Tenn. 1977). “Appellants brought this suit against the holder of a retail installment contract, seeking to recover one of the statutory penalties for violation contained in T.C.A. § 47-11-107(b) and (c). Appellee had purchased the contract from the retail seller at some time after the…”
Tenn. Code Ann. § 47-11-107(d): 1 case
Dawson v. Advance Mortg. Corp., 556 S.W.2d 761 (Tenn. 1977). “Appellants brought this suit against the holder of a retail installment contract, seeking to recover one of the statutory penalties for violation contained in T.C.A. § 47-11-107(b) and (c). Appellee had purchased the contract from the retail seller at some time after the…”
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