The Consumer Protection Act
Almost everyone in America is a consumer. Americans routinely buy, lease, sell, or dispose of goods and services. Most consumer sales or transactions go smoothly, and if an issue arises, the seller or lessor resolves it quickly. Unfortunately, some suppliers and vendors take advantage of consumers, do not treat them honestly or fairly, or lie to them about the product or service that is sold. As a result, those consumers do not receive what they bargained for, what they expected, or what was advertised and, instead, get the short end of the stick. However, like many other states, Tennessee has enacted the Consumer Protection Act. This Act prohibits sellers and lessors from deceiving the public or any consumer and from committing unfair commercial practices.
The Consumer Protection Act prohibits “unfair or deceptive actions or practices” by sellers or lessors. It covers most consumer transactions – buying or leasing a vehicle, routine purchases, and more, much more. So, for instance, if a car dealer represents to you that the vehicle you are about to purchase has never been in a wreck but in fact has been totaled, the dealer has violated the Consumer Protection Act. Lying or misrepresenting a material and concrete fact is a deceptive act or practice. Or, for instance, if a roofer tells that you need a new roof immediately and you do not, the roofer likely has violated the law. Or, if a debt collector abuses you, he or may have violated the Consumer Protection Act or another consumer law, the Fair Debt Collection Practices Act.
In addition, the Consumer Protection Act prohibits false advertising. Other consumer legislation requires sellers to list accurate and up-to-date information and warning labels on some products.
Tennessee’s Consumer Protection Act states that if you win your lawsuit, the other side must pay your attorney’s fees. The law also states that a consumer whom a seller treats shabbily may be awarded treble damages, or three times the actual damages, when a seller or lessor knowingly violates the Act. The remedies are powerful but may not apply in every case.
In short, if you were duped, cheated, lied to, or abused in a consumer sale or transaction, you may have rights and legal remedies. If you have questions about consumer laws, talk to a lawyer. For more information and to have your questions answered, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.