The Tort Reform Act passed by the Tennessee Legislature in October, 2011 significantly limits the scope of the private right of action for consumers under the Tennessee Consumer Protection Act (TCPA). A recent article by James Davis in the Tennessee Bar Journal discusses the limitation of any TCPA claims to T.C.A. 47-18-104(b).
Before the 2011 Tort Reform Act revisions, Tennessee plaintiffs often used the TCPA Section 27 “catch-all” clause to bring consumer protection cases. That section allowed plaintiffs to make a case against any merchant who was “engaging in any other act or practice which is deceptive to the consumer or to any other person.” Now, that provision is exclusively enforced by the Tennessee Attorney General’s office.
If you have been the victim of a deceptive act or practice in a commercial transaction we can help. Please call (615) 244-0749 to set up a consultation today.