Unless otherwise specifically included, this Chapter shall not apply to transactions involving:

1. (1) Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this Chapter;

2. (2) Contracts used to fund:

   1. (a) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
   2. (b) A plan described by Sections 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code (IRC), as amended, if established or maintained by an employer;
   3. (c) A government or church plan defined in Section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the IRC; or
   4. (d) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
3. (3) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
4. (4) Formal prepaid funeral contracts.

Authority: T.C.A. §§ 56-2-301, 56-2-305, 56-3-508, 56-6-112, 56-6-124, and 56-8-101, et seq. Administrative History: Original rule filed April 22, 2008; effective July 6, 2008. Repeal and new rule filed August 3, 2015; effective November 1, 2015. Amendments filed January 17, 2023; effective April 17, 2023.