Tennessee Code Annotated
Tenn. Code Ann. § 47-18-113 (2026)
Waiver of rights - Restrictions on jurisdiction or venue prohibited
✓ current as of May 2026
- (a) No provision of this part may be limited or waived by contract, agreement, or otherwise, notwithstanding any other law to the contrary; provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warranties or the exclusion or modification of such warranties.
- (b) Any provision in any agreement or stipulation, verbal or written, restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state with respect to any claim arising under or relating to the Tennessee Consumer Protection Act of 1977 and related acts set forth in this title is void as a matter of public policy. Further, no action of a consumer or other person can alter, amend, obstruct or abolish the right of the attorney general and reporter to proceed to protect the state of Tennessee and consumers or other persons within this state or from other states who are victims of illegal practices of persons located, wholly or in part, in Tennessee's borders.
- (c)
- (1) No other right or benefit conferred on consumers by any other provision of this code may be waived or otherwise varied except as provided for in this section.
- (2) Any waiver of a right or benefit described in this subsection (c) must be knowingly and intelligently made.
- (3) The competence of the consumer, the consumer's actual knowledge of the rights or benefits being waived, or lack thereof, the manner in which the right or benefit was pointed out to the consumer at the time of the consumer transaction, the nature of the deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of consideration received are relevant to the issue of whether the waiver was knowingly and intelligently made.
- (4) If the consumer was not specifically informed of the effect of the waiver and did not specifically waive such consumer's rights or benefits at the time of the consumer transaction, the party claiming waiver shall have the burden of establishing that the waiver was knowingly and intelligently made.
Acts 1977, ch. 438, § 14; 1979, ch. 303, § 1; 1999, ch. 395, § 5.
Notes of Decisions
Cited in 13
cases (7 in the last 5 years), 1992–2024 · leading case: Pyburn v. Bill Heard Chevrolet, 63 S.W.3d 351 (Tenn. Ct. App. 2001).
Pyburn v. Bill Heard Chevrolet, 63 S.W.3d 351 (Tenn. Ct. App. 2001). “The TCPA prohibits the waiving of any rights granted in that statute unless the waiver meets the requirements set forth in T.C.A. § 47-18-113. Plaintiff asserts that the requirements of T.”
Morris v. MacK's Used Cars, 824 S.W.2d 538 (Tenn. 1992). “Section 47-18-113, T.C.A., provides, Waiver of Rights, (a) No provision of this part may be limited or waived by contract, agreement, or otherwise, notwithstanding any other provision of law to the contrary; provided, however, the provisions of this part shall not alter, amend,…”
Smith v. Scott Lewis Chevrolet, Inc., 843 S.W.2d 9 (Tenn. Ct. App. 1992). “Morris, supra; see T.C.A. 47-18-113(a) (provision specifically prohibits disclaimers of liability under the Consumer Protection Act).”
Acer Landscape Servs., LLC v. Lasiter & Lasiter Inc. PC (M.D. Tenn. 2023). “See Tenn. Code Ann. § 47-18-113 (b) (“Any provision in any agreement or stipulation, verbal or written, restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state with respect to any claim arising under or relating…”
Hohl v. Black Diamond Franchising, Inc. (M.D. Tenn. 2024). “Tenn. Code Ann. § 47-18-113 (b). Hohl challenges the validity of the arbitration provision and argues that it is “void as a matter of public policy” and that the matter is for the Court to decide because “there is no express delegation of the issue of arbitrability regarding the…”
Angel Aguilar v. Eads Auto Sales (Tenn. Ct. App. 2024). “” (citing Tenn. Code Ann. § 47-18-113 (a) (“No provision of this part may be limited or waived by contract, agreement, or otherwise .”
Brown v. Woodbury Auto Grp. LLC (M.D. Tenn. 2022). “3d at 539 (quoting Tenn. Code Ann. § 47-18-113 ). The Amended Complaint does not clearly reference specific “unfair or deceptive” acts enumerated in Section 104(b).”
Brown v. Woodbury Auto Grp. LLC (M.D. Tenn. 2023). “” Tenn. Code Ann. § 47-18-113 . F. Fraud and Deceit i.”
Thomas J. Wolaver v. JBEEZ, Inc. (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 47-18-113 (b) (2013). With respect to forum-selection clauses, the TCPA provides that [a]ny provision in any agreement or stipulation, verbal or written, restricting jurisdiction or venue to a forum outside this state .”
Paula H. Chaffin, Manny Formigo, & Brenda Thurman v. Norwegian Cruise Line Ltd, A/K/A Norwegian Cruise Lines, Inc., A/K/A Norwegian Cruise Lines (Tenn. Ct. App. 1999). “” Tenn. Code Ann. § 47-18-113 (a). Based upon these two statutes, Plaintiffs contend that the forum selection clauses cannot limit or waive their ability to bring their action in Tennessee.”
Nathan B. Overton v. Westgate Resorts, LTD., L.P. (Tenn. Ct. App. 2015). “Tenn. Code Ann. § 47-18-113 (2013). Pursuant to this statutory provision, a contractual forum selection clause “cannot defeat the ability of a Tennessee consumer to bring an 19 action under the [Tennessee Consumer Protection Act] within the appropriate forum in this state.”
BlueDane, LLC v. Bandura Cyber, Inc. (D. Maryland 2021). “Finally, Plaintiff argues that Tenn. Code Ann. § 47-18-113 (b) indicates that transfer would be against the public policy of Tennessee.”
— Tenn. Code Ann. § 47-18-113(a) — 2 cases
Smith v. Scott Lewis Chevrolet, Inc., 843 S.W.2d 9 (Tenn. Ct. App. 1992). “Morris, supra; see T.C.A. 47-18-113(a) (provision specifically prohibits disclaimers of liability under the Consumer Protection Act).”
Paula H. Chaffin, Manny Formigo, & Brenda Thurman v. Norwegian Cruise Line Ltd, A/K/A Norwegian Cruise Lines, Inc., A/K/A Norwegian Cruise Lines (Tenn. Ct. App. 1999). “” Tenn. Code Ann. § 47-18-113 (a). Based upon these two statutes, Plaintiffs contend that the forum selection clauses cannot limit or waive their ability to bring their action in Tennessee.”
— Tenn. Code Ann. § 47-18-113(b) — 2 cases
Acer Landscape Servs., LLC v. Lasiter & Lasiter Inc. PC (M.D. Tenn. 2023). “See Tenn. Code Ann. § 47-18-113 (b) (“Any provision in any agreement or stipulation, verbal or written, restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state with respect to any claim arising under or relating…”
William H. Richardson v. Bates Show Sales Staff, inc. d/b/a Bates RV Exch. (Tenn. Ct. App. 2013).
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