Tennessee Consumer Protection Act (TCPA)

The Tennessee Consumer Protection Act (TCPA) — codified at Tenn. Code § 47-18-101 et seq. — prohibits unfair or deceptive acts in trade or commerce. For vehicle defect cases, TCPA adds discretionary treble damages under § 47-18-109(a)(3) and mandatory attorney fees under § 47-18-109(e)(1) — but the dangerously short 1-year SOL under § 47-18-110 is a serious deadline trap.

What TCPA prohibits

§ 47-18-104(b) lists 50+ specifically prohibited practices, including:

• Misrepresenting goods/services as new.
• Misrepresenting the quality, characteristics, or condition.
• Failure to disclose material information.
• Misleading warranty representations.
• Bait-and-switch tactics.

For vehicle cases, key TCPA hooks include:

• Misrepresentation by dealer or manufacturer about vehicle condition.
• Failure to disclose prior damage, salvage history, known defects.
• Deceptive warranty practices.
• Deceptive add-on / F&I products.

TCPA treble damages — discretionary

§ 47-18-109(a)(3) provides:

“If the court finds that the use or employment of the unfair or deceptive act or practice was a willful or knowing violation of this part, the court may award three (3) times the actual damages…”

Trebling is:

• Discretionary (“may award”).
• Requires willful or knowing violation — higher threshold than negligence.
• Joins Illinois ICFA, Pennsylvania UTPCPL, Ohio CSPA as discretionary-treble jurisdictions.
• Less powerful than New Jersey CFA, North Carolina UDTPA, Washington WCPA automatic trebling.

Mandatory § 47-18-109(e)(1) attorney fees

§ 47-18-109(e)(1) provides:

“Upon a finding by the court that a provision of this part has been violated, the court may award to the person bringing such action reasonable attorney’s fees and costs…”

Although “may,” Tennessee courts treat fees as functionally mandatory for prevailing TCPA plaintiffs.

DANGEROUSLY SHORT 1-year SOL

§ 47-18-110 provides:

“Any action commenced pursuant to § 47-18-109 shall be brought within one (1) year from a person’s discovery of the unlawful act or practice…”

1 year from discovery — among the shortest UDAP SOLs in the country:

• Tennessee TCPA: 1 year from discovery.
• Arizona CFA: 1 year from discovery — joins TN as shortest tier.
• [Most other UDAPs]: 3-6 years.
• Pennsylvania UTPCPL: 6 years.
• Minnesota Private AG Statute: 6 years.

Strategic implication: TCPA claims must be filed promptly. Discovery rule applies — but filing past 1 year from discovery forecloses the treble + fee enhancement.

Tennessee Supreme Court narrowing

Tennessee courts — particularly the TN Supreme Court — have at times narrowed TCPA’s application. Some categories of conduct (e.g., insurance practices, certain financial services) have been excluded. Vehicle defect / dealer fraud cases generally remain TCPA-actionable, but careful pleading is required.

TCPA in vehicle-defect cases

TCPA applies to:

• Dealer misrepresentation at sale.
• Failure to disclose prior damage, accidents, salvage.
• Lemon Law violations can be TCPA per se.
• Deceptive arbitration practices.
• F&I deceptive add-ons — extended warranty, gap, etching.

Pre-suit notice — strongly recommended

TCPA does not require a pre-suit demand letter, but best practice is to send notice giving the manufacturer/dealer opportunity to cure. This:

• Triggers the willfulness analysis (refusal post-notice supports willful/knowing).
• Preserves treble damages exposure.
• Can shift settlement leverage.

Bottom line

TCPA provides Tennessee consumers with discretionary treble damages and mandatory fees — but the 1-year SOL is a serious trap. File within 1 year of discovery of the deceptive practice. Combined with Lemon Law mandatory fees and Magnuson-Moss, TCPA cases can carry strong settlement value when timed correctly.

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