Tennessee

• Pages: 543-553

543

CHAPTER 44

TENNESSEE

A. Scope of the Statute and Elements of a Cause of Action

The Tennessee Consumer Protection Act of 1977 (TCPA)1prohibits

“[u]nfair or deceptive acts or practices affecting the conduct of any trade

or commerce” and classifies such acts or practices as Class B

misdemeanors.2 Under the statute, the terms “trade,” “commerce,” and

“consumer transaction” mean “the advertising, offering for sale, lease or

rental, or distribution of anygoods, services, or property, tangible or

intangible, real, personal, or mixed, and other articles, commodities, or

things of value wherever situated.”3 To establish a claim under the TCPA,

the plaintiff must prove: (1) that the defendant engaged in an unfair or

deceptive act or practice declared unlawful by the TCPA and (2) that the

defendant’s conduct caused an ascertainable loss of money or property,

real, personal, or mixed, or any other article, commodity, or thing of

value wherever situated. . . .4

“[A] ‘deceptive act or practice’ is a material representation, practice

or omission likely to mislead a reasonable consumer.”5An act is

considered unfair if it “causes or is likely to cause substantial injury to

consumers which is not reasonably avoidable by consumers themselves

and not outweighed by countervailing benefits to consumers or to

competition.”6 The Tennessee legislature has directed that “the [TCPA]

shall be interpreted and construed consistently with the interpretations

given by the federal trade commission and the federal courts pursuant to

§ 5(A)(1) of the Federal Trade Commission Act (15 U.S.C.A.

§ 45(a)(1)).”7

1. TENN. CODE ANN. § 47-18-101 to -132.

2. Id. § 47-18-104(a).

3. Id. § 47-18-103(20).

4. Tucker v. Sierra Builders, 180 S.W.3d 109, 115 (Tenn. Ct. App. 2005)

(quoting TENN.CODE ANN. § 47-18-109(a)(1)) (internal quotations

omitted).

5. Ganzevoort v. Russell, 949 S.W.2d 293, 299 (Tenn. 1997).

6. Tucker, 180 S.W.3d at 116-17 (quoting 15 U.S.C.A. § 45(n) (1977)).

7. TENN. CODE ANN. § 47-18-115.