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HB 460

Secretary of State - As introduced, establishes a complaint process with the secretary of state for any person who contends that the person’s name or address was included on a document filed with the secretary of state without the person’s consent. - Amends TCA Title 48.

114th Regular Session (2025-2026) Introduced by Andrew Farmer

Establishes complaint process enabling Tennessee residents to challenge unauthorized inclusion of their personal information on Secretary of State filings.

P2C, ref. to State & Local Government Committee
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Bill Summary · HB 460

Legislative bill overview

HB 460 would establish a formal complaint process allowing individuals to challenge the inclusion of their name or address on documents filed with Tennessee's Secretary of State without their consent. The bill amends Tennessee Code Annotated Title 48 to create this mechanism for addressing potentially unauthorized use of personal information in state filings.

Why is this important

This addresses a real vulnerability in business and legal filing systems where individuals' personal information can appear on corporate documents, UCC filings, or other records without authorization—potentially exposing them to identity theft, fraud, or unwanted liability. Creating an official complaint process would give citizens a direct remedy and require the Secretary of State to investigate and remediate fraudulent filings.

Potential points of contention

  • Definition and burden of proof: The bill doesn't clarify what constitutes "without consent," creating ambiguity about legitimate filings (spouse on joint business applications, authorized agents, etc.) versus actual fraud
  • Enforcement mechanism: No details on what remedies the Secretary of State can impose, whether the agency has resources to investigate complaints, or how quickly disputes would be resolved
  • Liability questions: Unclear whether the state would assume liability for fraudulent filings or if victims must pursue perpetrators separately through civil courts

Compiled from official sources — confirm details with the bill’s official record.

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