Tennessee Consumer Protection Act (TCPA)

January 1, 2011

Summary

The Tennessee Consumer Protection Act (TCPA), codified at Tenn. Code Ann. § 47-18-101 et seq., is a comprehensive consumer protection statute enacted to safeguard the public from unfair or deceptive acts or practices in the conduct of trade or commerce.  The law applies broadly to businesses operating in Tennessee and does not require proof that a consumer was actually harmed—only that the practice was likely to mislead.  The TCPA prohibits false advertising, misrepresentation, concealment or omission of material facts, and other unconscionable business practices.  It is frequently invoked in cases involving misleading environmental claims, financial misrepresentations, and deceptive marketing strategies.  The statute empowers both the Tennessee Attorney General and private individuals to bring enforcement actions.  Remedies under the TCPA include injunctive relief, actual damages, and in some cases, treble damages and attorney’s fees for prevailing plaintiffs.  The goal of the TCPA is to promote transparency, protect consumers from deception, and ensure fair business practices across the state. 

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