Tenn. Code § 47-22-401

Current through Acts 2023-2024, ch. 1069

Section 47-22-401 - Part definitions

As used in this part:

(1) "Agreement" means a contract to provide payment services;

(2) "Bank holding company":

(A) Has the same meaning as defined in 12 U.S.C. § 1841;

(B) Includes any subsidiaries or affiliates, as defined in 12 U.S.C. § 1841, of a bank holding company; and

(C) Includes any federal credit union or state credit union, as those terms are defined in 12 U.S.C. § 1752;

(3) "Card issuer" means any person who issues a credit card, debit card, or other payment card, or the agent of the person with respect to the card;

(4) "Credit card" means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit;

(5) "Debit card":

(A) Means any card, or other payment code or device, issued or approved for use through a payment card network to debit an asset account, regardless of the purpose for which the account is established, whether authorization is based on signature, PIN, or other means;

(B) Includes a general-use prepaid card, as defined in 15 U.S.C. § 1693l-1(a)(2)(A); and

(C) Does not include paper checks;

(6) "Lease" means a transfer of the right to possession and use of a device for a term in return for consideration;

(7) "Merchant" means a person, located in this state, that is in the business of selling property or services and that accepts credit cards, debit cards, or other payment cards as payment for property or services sold;

(8) "Other payment card":

(A) Means any stored-value card, smart card, gift card, or other similar device that enables a person to obtain property or services in a transaction with a merchant, the payment for which is initiated through a payment card network; and

(B) Does not include credit cards or debit cards;

(9) "Payment acquirer" means a person that contracts directly with a merchant to provide payment services;

(10) "Payment card network" means an entity:

(A) That directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that route information and data to conduct credit card, debit card, or other payment card transaction authorization, clearance, and settlement; and

(B) That a person uses in order to accept as a form of payment a brand of credit card, debit card, or other payment card;

(11) "Payment services" means the acceptance, transmission, collection, or settlement of the merchant's sales receipts for the merchant's credit card, debit card, or other payment card transactions; and

(12) "Payment services fee":

(A) Means any amount:

(i) Charged, established, or received by a payment acquirer, payment card network, or card issuer; and

(ii) Paid by a merchant in relation to a credit card, debit card, or other payment card transaction;

(B) Includes any amount related to the purchase or lease of equipment as part of an agreement to provide payment services used in relationship to credit card, debit card, or other payment card transactions if the amount is charged, established, or received by a payment acquirer, payment card network, or card issuer; and

(C) Does not include any fees for providing deposit account, loan, or other services by a bank holding company.

T.C.A. § 47-22-401

Added by 2015 Tenn. Acts, ch. 218, s 1, eff. 1/1/2016.

Added by 2015 Tenn. Acts, ch. 175, s 1, eff. 1/1/2016.