543
CHAPTER 44
TENNESSEE
A. Scope of the Statute and Elements of a Cause of Action
The Tennessee Consumer Protection Act of 1977 (TCPA)1 prohibits
“[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 any goods, 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.”5 An 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).
(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.
