Consumer Protection Litigation
Introduction
During interactions between persons, professionals, or organizations for the purpose of conducting a consumer transaction -- like purchasing goods or services -- certain protections under the law are triggered. Generally speaking, the provider of the goods and services is obligated to disclose all information that is relevant and material concerning the good or service and is also obligated to ensure that all disclosures or representations are accurate. Intentional -- and in some cases, even unintentional -- misrepresentation or other unfair conduct in this context is potentially a violation of consumer protection laws. ​
​
Please check out our for further discussion of specific scenarios and applicable law.
Statutory Consumer Protection Laws
Thirteen state legislatures, including Tennessee's General Assembly, have passed laws broadly prohibiting unfair and deceptive conduct towards consumers. In 1977, Tennessee passed the Tennessee Consumer Protection Act (T.C.A. § 47-18-100 et. seq.) providing consumers with the ability to bring a lawsuit against a person or entity for violations of the Tennessee Consumer Protection Act. The TCPA is robust with many specific examples of prohibited conduct and provides for relief to consumers including, but not limited to, compensatory and treble damages, and attorney's fees.
Tennessee's Division of Consumer Affairs -- the state agency tasked with public enforcement of consumer protection laws -- sits within the state's Office of the Attorney General & Reporter.
​
The United States Congress has passed several important statutory regimes designed to address different practices related to consumer transactions including, for example: the Federal Trade Commission Act, the Fair Credit Reporting Act, the Truth In Lending Act, the Dodd-Frank Act.
​
Many federal agencies are tasked with enforcement power of specific consumer sectors and promulgate their own regulations which have the force of law just like a statute passed by Congress.
​
​
Common Law Fraud
Statutory provisions are not the only tool used to address misrepresentations, deception, or unfairness in consumer transactions at the state level. Legal doctrines have been developed by the courts -- not the legislatures -- over centuries to address common factual scenarios. This is called the common law. Some of these doctrines that often apply in the consumer context are: fraud (intentional misrepresentation), fraudulent inducement, fraudulent concealment, promissory fraud, negligent misrepresentation, and constructive fraud. In addition to compensatory damages, punitive damages are often sought for misrepresentations that are considered (and demonstrated) to be intentional.
​
​
​
Northstar Litigation attorneys are highly experienced in prosecuting and defending consumer protections actions.
​
a consultation today.
