Tennessee Consumer Protection Act Attorney
Individual consumers are often powerless when confronting businesses in Tennessee, and they historically had few rights when companies broke the law. Tennessee sought to provide a fair playing field and to that end adopted the Tennessee Consumer Protection Act (TCPA). This law prohibits deceptive or unfair acts or practices, and it provides a remedy to those injured by giving them the ability to sue.
At Atkins Brezina, PLLC, we help those who are injured by deceptive, unethical businesses. Please contact us to speak with a Tennessee Consumer Protection Act attorney today.
Violations of the TCPA
The Act is found at Tennessee Code § 47-18-104, which lists 55 examples of unfair or deceptive practices. Individual consumers or businesses can be injured when companies:
- Sell counterfeit goods
- Use a confusingly similar service mark or trademark
- Falsely misrepresent goods as original or new
- Deceptively claim a false origin for the goods, e.g., “Grown in Tennessee” when the goods are grown in California
- Disparage another company’s goods with false or misleading statements
- Sell or participate in a Ponzi scheme
- Commit various forms of false advertisements, such as falsely advertising a company is going out of business
The types of unfair conduct are too numerous to list here. Nevertheless, reach out to an attorney if you suspect that you were harmed.
Compensation for Violations
If you were injured by a company’s unfair or deceptive practices, you can seek compensation in the form of:
Actual damages. This is the amount of money you lost due to the unfair practice.
Treble damages or punitive damages. When the defendant’s conduct has been intentional, a plaintiff can seek treble damages or punitive damages—but not both.
Attorney’s fees. This is an excellent benefit of bringing a TCPA lawsuit. You will not be responsible for your lawyer’s fees.
Depending on the violation, our clients might also seek equitable relief against the defendant. For example, if a business competitor is importing and selling counterfeit goods, or if they are using a confusingly similar trademark, you should seek an injunction to stop them.
Time Limits for Filing a Lawsuit
The TCPA has a statute of limitations of only one year, and the clock starts running when you become aware of an unlawful practice or act—not when the defendant commits the unfair act.
The law also states you can be charged with “constructive” knowledge: essentially, you had all the facts in your possession so you should have known of the violation on a certain date.
And in no situation can a person file a lawsuit after five years of the unlawful act, regardless of when they discovered it. For these reasons, please reach out to a TCPA attorney in Knoxville as soon as possible.
Call Atkins Brezina, PLLC Today
Our Tennessee Consumer Protection Act attorney in Knoxville is available to meet with you to discuss a possible legal claim. A company is sure to have a legal team on its side, so you don’t want to go into court without a lawyer who has your back. Contact us today to get started.