WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) As used in this section: (1) "AlgorithmAlgorithm"Algorithm" means a computational automated process that uses a set of rules to define a sequence of operations.Tenn. Code Ann. § 47-18-139(a)(1)" means a computational automated process that uses a set of rules to define a sequence of operations; (2) "ConsumerConsumer"Consumer" means a natural person who is seeking or has solicited to purchase, lease, or receive a good or service for personal, family, or household use.Tenn. Code Ann. § 47-18-139(a)(2)" means a natural person who is seeking or has solicited to purchase, lease, or receive a good or service for personal, family, or household use; (3) "Dynamic pricingDynamic pricing"Dynamic pricing" means pricing that fluctuates dependent on conditions.Tenn. Code Ann. § 47-18-139(a)(3)" means pricing that fluctuates dependent on conditions; (4) "EntityEntity"Entity" means a natural person, firm, organization, partnership, association, corporation, or any other entity domiciled or doing business in this state.Tenn. Code Ann. § 47-18-139(a)(4)" means a natural person, firm, organization, partnership, association, corporation, or any other entityEntity"Entity" means a natural person, firm, organization, partnership, association, corporation, or any other entity domiciled or doing business in this state.Tenn. Code Ann. § 47-18-139(a)(4) domiciled or doing business in this state; (5) "Personal dataPersonal data"Personal data": (A) Means any data that identifies or could reasonably be linked with, directly or indirectly, a specific consumer or device; and (B) Does not include location data that is used solely to calculate the fare based on mileage and trip duration between the passenger's pickup and drop-off locations for a prearranged ride, as defined in § 65-15-301, or by a taxi, limousine, or other for-hire vehicle regulated pursuant to § 7-51-1003.Tenn. Code Ann. § 47-18-139(a)(5)": (A) Means any data that identifies or could reasonably be linked with, directly or indirectly, a specific consumerConsumer"Consumer" means a natural person who is seeking or has solicited to purchase, lease, or receive a good or service for personal, family, or household use.Tenn. Code Ann. § 47-18-139(a)(2) or device; and (B) Does not include location data that is used solely to calculate the fare based on mileage and trip duration between the passenger's pickup and drop-off locations for a prearranged ride, as defined in § 65-15-301, or by a taxi, limousine, or other for-hire vehicle regulated pursuant to § 7-51-1003; and (6) "Personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means dynamic pricing set by an algorithm that uses personal data.Tenn. Code Ann. § 47-18-139(a)(6)" means dynamic pricingDynamic pricing"Dynamic pricing" means pricing that fluctuates dependent on conditions.Tenn. Code Ann. § 47-18-139(a)(3) set by an algorithmAlgorithm"Algorithm" means a computational automated process that uses a set of rules to define a sequence of operations.Tenn. Code Ann. § 47-18-139(a)(1) that uses personal dataPersonal data"Personal data": (A) Means any data that identifies or could reasonably be linked with, directly or indirectly, a specific consumer or device; and (B) Does not include location data that is used solely to calculate the fare based on mileage and trip duration between the passenger's pickup and drop-off locations for a prearranged ride, as defined in § 65-15-301, or by a taxi, limousine, or other for-hire vehicle regulated pursuant to § 7-51-1003.Tenn. Code Ann. § 47-18-139(a)(5).
(b)–(c) 1 An entityEntity"Entity" means a natural person, firm, organization, partnership, association, corporation, or any other entity domiciled or doing business in this state.Tenn. Code Ann. § 47-18-139(a)(4) shall not set the price of a specific good or service for a consumerConsumer"Consumer" means a natural person who is seeking or has solicited to purchase, lease, or receive a good or service for personal, family, or household use.Tenn. Code Ann. § 47-18-139(a)(2) in this state using personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means dynamic pricing set by an algorithm that uses personal data.Tenn. Code Ann. § 47-18-139(a)(6). (c) Subsection (b) does not apply to: (1) An entityEntity"Entity" means a natural person, firm, organization, partnership, association, corporation, or any other entity domiciled or doing business in this state.Tenn. Code Ann. § 47-18-139(a)(4) that is subject to the insurance law of this state; (2) A financial institution or affiliate of a financial institution, all as defined in 15 U.S.C. § 6809, to the extent that the financial institution or affiliate is subject to Title V of the federal Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq.); (3) A state or national bank, a savings and loan association, savings bank, credit union, industrial loan and thrift company, or mortgage lender; or (4) A price that is offered to a consumerConsumer"Consumer" means a natural person who is seeking or has solicited to purchase, lease, or receive a good or service for personal, family, or household use.Tenn. Code Ann. § 47-18-139(a)(2) who has an existing subscription-based contract or subscription-based agreement for goods or services with an entityEntity"Entity" means a natural person, firm, organization, partnership, association, corporation, or any other entity domiciled or doing business in this state.Tenn. Code Ann. § 47-18-139(a)(4) and where such price is less than the price for the same good or service set forth in the subscription-based agreement or subscription-based contract.
(d) A violation of subsection (b) constitutes a violation of the Tennessee ConsumerConsumer"Consumer" means a natural person who is seeking or has solicited to purchase, lease, or receive a good or service for personal, family, or household use.Tenn. Code Ann. § 47-18-139(a)(2) Protection Act of 1977, compiled in this part. A violation of subsection (b) constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in this part.
(e) This section does not limit any other criminal or civil liability such entityEntity"Entity" means a natural person, firm, organization, partnership, association, corporation, or any other entity domiciled or doing business in this state.Tenn. Code Ann. § 47-18-139(a)(4) may be subject to under law.
This section establishes the core prohibition: no entity may set the price of a specific good or service for a Tennessee consumer using personalized algorithmic pricing — i.e., dynamic pricing set by an algorithm that uses personal data. The prohibition is categorical rather than disclosure-based; there is no option to use personalized algorithmic pricing with notice or consent.
Four classes of entities and transactions are exempted: entities subject to Tennessee insurance law, financial institutions subject to the Gramm-Leach-Bliley Act, state and national banks and similar depository institutions, and subscription-based pricing that offers the consumer a lower price than the contract price. Violations are classified as unfair or deceptive acts under the Tennessee Consumer Protection Act of 1977, incorporating that act's penalties and remedies by reference.
Violating § 47-18-139;
This section adds a violation of the new § 47-18-139 (algorithmic pricing prohibition) to the enumerated list of unfair or deceptive acts under the Tennessee Consumer Protection Act, ensuring the algorithmic pricing ban is enforceable under the TCPA's existing penalty and remedy structure.
The heading in this act is for reference purposes only and does not constitute a part of the law enacted by this act. However, the Tennessee Code Commission is requested to include the heading in any compilation or publication containing this act.
A standard legislative housekeeping provision clarifying that the act's heading is for reference only and does not constitute substantive law, while requesting the Tennessee Code Commission include it in compilations.
This act takes effect July 1, 2026, the public welfare requiring it, and applies to conduct occurring on or after that date.
The act takes effect July 1, 2026, and applies prospectively to conduct occurring on or after that date.