Understanding the Tennessee Consumer Protection Act: Crucial Information for Consumers and Businesses
As a consumer or business owner in Tennessee, one crucial law you need to know about is the Consumer Protection Act. The Tennessee Consumer Protection Act (TCPA), which has been in effect since 1977, is designed to protect consumers and businesses from unethical conduct. Besides prohibiting unethical behavior, the TCPA provides victims with legal recourse to seek compensation for their losses. Whether you are an individual who has been misled by false advertising or a business adversely affected by unfair competition, this law allows you to take legal action and hold the offending parties liable. If you have fallen victim to unfair and misleading business practices, contact a civil litigation attorney for help pursuing your legal claim.
Understanding the TCPA
The Tennessee Consumer Protection Act was implemented to protect businesses and individuals from those who engage in unfair and misleading business practices. This Act enables anyone harmed by such practices to pursue compensation through a civil lawsuit. Beyond civil remedies, the TCPA criminalizes any deceptive or unfair actions that affect business. This means that anyone who violates the Act could face criminal penalties on top of civil penalties. Violating the TCPA is considered a Class B misdemeanor. Under Tennessee criminal law, Class B misdemeanors are punishable by up to six months in jail and a $500 fine.
Unfair or Deceptive Practices Under the TCPA
The TCPA outlines numerous actions that are considered unfair or misleading, including the following;
- Misrepresenting the quality, benefits, or origin of goods or services
- Advertising products or services without intent to deliver as promised
- Falsely passing off products as those of another business
- Using or creating fake reviews or testimonials
- Discriminating against disabled people in credit transactions
- Limiting essential goods or manipulating prices during emergencies
Some common examples of unfair or misleading practices that go against the TCPA include;
- Changing vehicle odometers
- Telling customers that unnecessary services or repairs are needed
- Engaging in “bait-and-switch” schemes: Advertising a particular thing, only for the customer to get there and find that you are selling a different thing.
These unethical behaviors can affect not just consumers but also competing businesses that follow the law. For example, a company may lose revenue or customers if a competitor uses false advertising to gain an unfair advantage. Fortunately, the TCPA protects not only consumers but also commercial victims.
Filing a Claim Under the TCPA
If a violation under the TCPA has caused you losses, it is advisable to first reach out to the business in question. Often, disputes can be resolved directly without involving government agencies or the courts. If that does not work, you can file a formal complaint with the state’s Division of Consumer Affairs. If that too doesn’t work, you may need to pursue a lawsuit in court. A qualified civil litigation attorney can help evaluate your case, gather evidence, and represent you through the legal process.
Legal Help Is Available
If you have suffered harm due to unfair or deceptive business practices, contact our experienced Knoxville civil litigation lawyers at Reynolds, Atkins, Brezina, & Stewart, PLLC to discuss your case.
Source:
tn.gov/content/dam/tn/attorneygeneral/documents/consumer/militaryguide/chapter02.pdf
