Tennessee Consumer Protection Act
The Tennessee Consumer Protection Act (CPA) protects you from fraudulent, deceitful and misleading business tactics by permitting what is called a “private right of action.” This means that a suspected violator of the provisions of the CPA may be personally liable to you upon a finding that a business has engaged in unfair or deceptive business practices resulting in economic loss.
The Tennessee Legislature in fact believed so strongly in protecting consumers that it provided, as an added inducement, an award of attorney’s fees should the plaintiff prove that the defendant violated the CPA. Moreover, courts are permitted under the Act to triple your damages award upon a finding of a willful violation with the help of a top personal injury lawyer in Tennessee.
Under the CPA, there are over 33 prohibited business practices. Prohibited practices include bait and switch tactics, false advertising, and negligent misrepresentations (where a seller unwittingly makes guarantees about a product that turns out false). Some more concrete examples of CPA violations include apartment complexes keeping your security deposit without reason, car dealers knowingly selling you a salvaged car, and Tennessee insurance companies denying your claim in bad faith.
While the CPA provides consumer protection in Tennessee to protect individuals from these practices, a potential threat to this protection is on the horizon with the introduction of house bill 1206. Though the CPA has been on the books for over 30 years without any significant modification, this bill would raise significant evidentiary obstacles, making it more difficult for plaintiffs to succeed on a CPA claim. Please call your representative and tell him or her to oppose this bill because it diminishes the long-held protections afforded under the Act.
Deceptive and unfair business practices are prohibited in the State of Tennessee. Don’t sleep on your rights; call the skilled and experienced product liability attorneys in Tennessee at Baker Associates today for a free consultation.
