Tennessee

General Overview

UDAAP is an acronym representing laws that prohibit Unfair, Deceptive, or Abusive Acts or Practices in the context of trade or business. This includes misrepresentation, deception, false advertising, or false promises. These laws emerged following the Dodd-Frank Wall Street Reform and Consumer Protection Act that was enacted in response to the 2008 financial crisis. The ultimate goal with these laws is geared towards protecting consumers involved in financial transactions, educating consumers on their rights, and allowing them access to information and resources to best inform their decisions.

The organizations which regulate and enforce UDAAP laws are the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). The FTC expanded the initial UDAAP laws in 2004 to include unfair and deceptive acts and practices. Some standards for unfairness, in particular, include if it causes or is likely to cause substantial injury to consumers, the injury is not reasonably avoidable by consumers, and the injury is not outweighed by countervailing benefits to consumers or to competition.

Tennessee

The Tennessee Consumer Protection Act (TCPA), Tenn. Code Ann. Sections 47-18-101 through 47-18-125, is Tennessee’s UDAP statute. The TCPA broadly prohibits both unfair and deceptive acts or practices, such as advertising goods or services with no intent to sell them as advertised or falsely representing a going-out-of-business sale. It also allows the consumer a simple process by not requiring pre-suit notice or a showing of public interest. But, the statute could be strengthened by clarifying that consumers are protected from unlawful lending practices and removing the exemption for insurance companies.

Successful plaintiffs can recover compensatory damages, multiple or punitive damages, and attorneys fees. The statute of limitations for a TCPA lawsuit is one year from the discovery of the unlawful act or practice. To prove a TCPA claim, a plaintiff must show that he or she suffered an ascertainable loss as the result of the act or practice.

UDAAP and Arbitration

Arbitration is an out-of-court proceeding where a neutral third-party (the arbitrator) hears all the evidence from both sides and makes a decision about the case, which may or may not be binding. Binding arbitration, the most common type of arbitration, means that the decision is enforceable in a court of law and participants agree to abide by the decision. Some contracts allow for non-binding arbitration, meaning that either party is free to reject the arbitrator’s decision and take the dispute to court, although this is less common.

Arbitration has many advantages over traditional litigation, including being faster, more flexible in scheduling, and more efficient. Arbitration also avoids the hostility that can accompany court cases, remains confidential, and allows for an arbitrator who is a professional in the field to be selected instead of a judge who may not have familiarity with the issues at hand. 

If you have a UDAAP claim, chances are we can bring your claim in arbitration.  Arbitration is a very useful tool for resolving disputes, and Agruss Law Firm, LLC can help. With our expert guidance, we bring the big companies to the table and provide the support needed to get your bills corrected, credit reports fixed, improper fees refunded, and more. Let us pick up the sword for you; you have nothing to lose.

We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would.  Our unique formula has earned us over 1,070 outstanding client reviews on our website, an A+ BBB rating, and over 155 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected], or schedule a meeting with us here. We’re here 24/7.

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Submitted Complaints

I opened my small business in September of 2021. My business requires privacy and a quiet space to operate. I responded to an add for a space that promised privacy and a soundproof room. After moving in the landlord built glass barn doors on to my room which are completely transparent. There have been issues with noise and disruptions including forced entry by the landlord while I’m with a client, receptionist and landlord yelling and knocking on door despite signs that request privacy. I have provided both verbal and written request to replace the doors and reduce noise and the landlord has neglected to make reparations and continues to charge and advertise, for services she is neither willing or able to provide. I have a recording of the landlord telling one of her clients that she acknowledges the noise and “cannot make it quiet back there”. She has not in six months shared this information with me. However continued to make a profit. This behavior and lack of providing services advertised has taken a financial tole on my business.