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Tennessee Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law for Tennessee on
Q: can a storage auction unit be cancled after ive paid for it because unit was sized wrong in on line auction

i was the one who brought it to there attention after i paid the unit price in full

0 Answers | Asked in Consumer Law and Small Claims for Tennessee on
Q: Homeowner ignores steps the contractor laid out for addressing issues that arose after warranty ended.

A previous client contacted us six months after their warranty ran out w/ us over concerns w/ a tile project. We advised them to have a contractor of their choice come out and re-grout the tile & to address other issues that we could not give advice over email since we were unable to look at it... View More

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Can a title loan company or their repossession company refuse to allow a person to retrieve personal belongings repodcar

Car was repossessed after defaulting on title loan after missing two payments. Repossession agent called my mother after 9pm at night and told her if I didn't meet him by midnight that night to sign a "payment plan" for missed payments then I would have a felony warrant for my arrest... View More

Anthony M. Avery
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answered on May 6, 2024

Ask again to get your property. Otherwise you will have to file suit for an Action to Recover Property and/or Conversion in General Sessions Court. Be certain who it is that has your property, as you may have to sue two defendants. Loan co. will have an agent for service of process.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: What are the limitations for collecting a debt from an eviction
Anthony M. Avery
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answered on Apr 30, 2024

Every kind of defense there is almost. Exemptions, being Judgment Proof, Bankruptcy, etc. Hire an attorney to collect a Judgment.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: With the lawsuit for Hyundai can the lender, if I stop making the car payments, will they repo my vehicle?
Anthony M. Avery
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answered on Apr 11, 2024

I do not know what suit you are referencing. But if you signed a note and financing agreement, your contract is with the lender and has nothing to do with the manufacturer.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I currently am using a debt relief company but I just can’t afford the monthly payment any longer after more than a year

I am 71 years old and live only on social security and two very small pensions totaling $400. Can my income be garnished if I cancel my debt relief company.

Anthony M. Avery
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answered on Apr 8, 2024

You might hire an attorney to examine your assets and possibly file a Notice of Exempt Property. Or a Chapter 7 Bankruptcy might work better. And yes, if there is a judgment against you, most sources of income can be garnished.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Self-storage owner is requiring insurance on my contents -- what's the law in TN that says I have to have ins

Can I be evicted if I don't get it.

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It is a matter of contract, not of law. Based on the information you provided, if a contract with a self-storage company provides that insurance is required, there is no law prohibiting that provision. For example, many landlords require residential tenants to have renter's insurance.... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: A dealer sold me a car and said it was in great shape and already had the shop look over it. Now it back

bought a car from a dealer on Mar the 11th drove it for till the 13 and had it towed back to the dealer. the dealer's mech. looked at it changed the plugs & hoses but couldn't find out what was wrong. meanwhile they cleared the code no record of those codes. The dealer had it taken... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, it seems that the dealer may have misrepresented the condition of the car when they sold it to you. If the dealer assured you that the car was in great shape and had been inspected by their shop prior to the sale, but significant issues arose shortly after the... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: How long does a salon have to issue a refund? I paid a $20 deposit but was cancelled by the stylist. Its been 24 hrs now

My appointment was cancelled by the stylist. I reached out to her today and threatened take legal action but she responded with “Now I will pay you whenever I decide to pay you”

James L. Arrasmith
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answered on Mar 21, 2024

In situations like these, the timeframe for a refund can vary depending on the salon's policy and the terms of service agreed upon at the time of booking. Typically, a business should issue a refund within a reasonable time frame, often considered to be 7-14 days. However, this can differ... View More

1 Answer | Asked in Civil Rights and Consumer Law for Tennessee on
Q: Company willingly shared my info with another customer , can I sue

A car wash that I have a membership with made a billing mistake. This is in a city that I have never visited. The manager sent a screen shot of my entire account to the other customer (manager admitted it ) and said I used his card which is absolutely incorrect! There would be no way I could even... View More

James L. Arrasmith
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answered on Mar 8, 2024

In your situation, where a company has shared your personal information without your consent, you might have grounds to pursue legal action. Privacy laws in many jurisdictions protect individuals' personal data, and businesses are typically required to safeguard this information. If the... View More

2 Answers | Asked in Internet Law and Consumer Law for Tennessee on
Q: Can I sue for a dealership ruining my cars value by digitally posting to Carfax an estimated trade in value incorrectly?

I called a Dealership 5 hours from me, In another state. Regarding a used Mclaren I was interested in test driving. (mainly because I wanted to see if the suspension was more comfortable than mine) -- On the contingency that I trade in mine. I spoke over the phone regarding my car's specs,... View More

James L. Arrasmith
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answered on Mar 6, 2024

If a dealership has posted an estimated trade-in value for your car to Carfax that you believe inaccurately reflects its true market value, you might feel concerned about the potential impact on its perceived worth. Inaccurate reporting can indeed influence the opinions of future buyers or... View More

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2 Answers | Asked in Consumer Law for Tennessee on
Q: Can I create a legal and binding documents that restricts a mechanic from driving my car more than a couple of miles

My car doesnt have a dipstick so the engine and oil must be warm when it is checked. I drive over 50 miles and more than an hour to my mechanic so the vehicle is warm when it arrives. Can I legally prevent the mechanic from driving my car 50+ miles adding to my mileage and burning my gas taking... View More

James L. Arrasmith
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answered on Feb 23, 2024

Yes, you can create a legal and binding document that outlines restrictions on the use of your car by your mechanic. However, it's important to note that enforcing such restrictions might be challenging, as once your car is in the mechanic's possession, they may need to test-drive it for... View More

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1 Answer | Asked in Consumer Law and Identity Theft for Tennessee on
Q: I just received an alert that I had a derogatory on my credit.

I found this weird as my credit score is 843 and I take pride in it. I called the firm representing whoever put the 679 judgement against me and they said it was for a Rachel. I don't have any clue who this person is and it it was from Naples Fl who I have no one in that area. They just pulled... View More

Anthony M. Avery
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answered on Feb 22, 2024

If you cannot get this off your record by disputing it with the credit bureaus, then you will need an attorney. That amount of money may not justify the expense. It would help to get a copy of the judgment from the Court it was entered. Then you can talk to the attorney about suit. It the... View More

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for Tennessee on
Q: What do I do now?

Discover Bank/CC is suing me. We already went to court once where their lawyer, before court went into session, tried to get me to agree I owe the debt and make a deal for repayment. I asked for proof I owe it. He showed me 3 copies of statements that showed nothing other than the past due amount.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 9, 2024

If you are unwilling to enter into a payment arrangement and cannot afford a lawyer, you can spend the next 4 months learning everything you can about lawyering because you'll be representing yourself. There are three options: agree to a payment plan, consent to a judgment, or defend the lawsuit.

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1 Answer | Asked in Consumer Law, Communications Law, Internet Law, Libel & Slander and Employment Law for Tennessee on
Q: a president of the hoa fired me and now is slandering my name and holding my pay

he is a Bullie racist. He lies and he breaks by laws and my contract. He is petty and spiteful

James L. Arrasmith
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answered on Jan 31, 2024

I'm sorry to hear about your situation. It's crucial to address this issue properly. First, gather all evidence of the President's actions, such as emails, documents, and any witnesses who can support your claims. Consult an attorney experienced in employment law to review your... View More

1 Answer | Asked in Consumer Law and Civil Rights for Tennessee on
Q: Honda dealership commiting a class d felony against a consumer and lying and misleading them and refusing buisness

owning a new Honda Civic Type Base Hatchback i currently have an ongoing issue with Cookville Honda's auto dealership for them practicing fraudulent auto dealer practices with which i filed a complaint with the Tennessee Division Of Consumer Affairs with which Sierra Pruitt got in touch with... View More

James L. Arrasmith
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answered on Jan 28, 2024

Based on the details provided, it does seem like the dealership may be engaging in deceptive or fraudulent practices which could violate Tennessee's Consumer Protection Act. Here are the key next steps I would recommend:

1. Continue working with the Tennessee Division of Consumer...
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1 Answer | Asked in Consumer Law for Tennessee on
Q: My mother in law was given a summons from a process server for me. It’s a summons to court regarding a debt that I owe.

I was not present when the process server came by. The summons was given to my mother in law for a debt that I owe. This is a civil case in general sessions court in Shelby County, Tennessee. Buffaloe & Vallejo, PLC is the plaintiff. The affidavit notes my last payment was on 11/30/2022. This... View More

Anthony M. Avery
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answered on Jan 25, 2024

Either reach a compromise with the attorneys yourself, hire a lawyer to dispute the debt, or file a chapter 7. If you do nothing, default will occur, and collections will start for at least 10 years.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Gaming for Tennessee on
Q: Can I request a civil standby to help reclamation of scammed items on Steam?

Recently, I got scammed on Steam (Valve Corporation) and lost valuable CS2 skins I paid for. The scammer’s account has been trade banned, and thus my scammed items current reside within the scammer's inventory. But Steam Support doesn’t want to restore those scammed items to me. Firstly,... View More

Anthony M. Avery
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answered on Jan 3, 2024

Call the Treasury Department with all the details. That company is notorious for having their friends present stolen debit cards to them for cash and goods. The operators need to go to jail

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: My loan company paid the wrong company. Now they tell me to collect from them- instead of them

I placed an order with Fabtools.shop but affirm paid Sport Haley LLC.

affirm will not return my $284.60. Tried for weeks now with letters filing complaints but they keep telling me to collect from Sport Haley LLC. How could I do that ? I never heard of Sport Haley LLC until I saw their... View More

T. Augustus Claus
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answered on Dec 14, 2023

Affirm's actions may be considered a violation of Tennessee's Consumer Protection Act, and you can file a complaint with the Federal Trade Commission (FTC) for further investigation. If the amount in dispute is below the small claims court limit in Tennessee, you could file a lawsuit... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: I had court with a debt collector and I missed it can I be arrested?

Owed 1200 missed court will they lock me up

Anthony M. Avery
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answered on Dec 6, 2023

Depends on what the Hearing was about. If a debt cause of action, then a default will go down. But if it was discovery, contempt of Court is likely.

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