Bill > SB0545

This bill establishes a new process in Tennessee for individuals to challenge documents filed with the secretary of state that include their name or address without their consent. The bill allows a person to file a detailed complaint with the secretary of state, which must include specific information such as a description of the document, the complainant's contact details, and any known information about the business entities or individuals involved in the filing. Upon receiving a complaint, the secretary of state will send notice to the business entity associated with the challenged document, giving them 21 business days to respond. If no response is received, the allegations in the complaint will be deemed admitted. The secretary of state will then review the complaint and any responses, and if clear and convincing evidence shows that the person's name or address was included without consent, the secretary of state can void the business record. The decision can be judicially reviewed, and while the bill provides a specific remedy for unauthorized filings, it does not preclude other legal remedies. If a filing is voided, the original filer will not receive a refund of filing fees, and all complaints and responses will be considered public records. The bill will take effect on July 1, 2025, and applies to business filings under Tennessee Code Annotated, Title 48 and Title 61.