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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Constitutional Law and Consumer Law for Tennessee on
Q: Is this legal? I thought I was covered under the no surprise bill act?

I had secondary insurance (united health care) for a few months mainly for a new prescription for my glasses. Primary Amerigroup. I had a doctors appointment during the period I had 2 health insurances. I did not supply the information for my secondary insurance to my doctors office but a year... View More

James L. Arrasmith
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answered on Nov 15, 2023

The No Surprises Act generally protects patients from unexpected bills for emergency services and certain services at in-network facilities.

However, it's important to understand that this protection may not cover all medical billing situations. In your case, if you had secondary...
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1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for Tennessee on
Q: I'm partially blind...I donate plasma. I've passed all screenings and still I was put off til 11/14.i have more but

I've been to many centers and not one ever enquired over a partial blindness from 34 yrs ago..I was told I had abnormalities which was wrote down and go have my pcp sign off saying I was congenital and benign...smh it was 34 yrs ago. Now mind you this is my 4th trip already to this place. My... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Tennessee, if you're facing difficulties donating plasma due to your partial blindness and the plasma center's requirements, there are steps you can take. It's important to ensure that the plasma center is not discriminating against you because of your disability.

The...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Tennessee on
Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court

The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term "Consent Judgement" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court?

Anthony M. Avery
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answered on Nov 10, 2023

It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees... View More

1 Answer | Asked in Civil Rights, Consumer Law and Employment Law for Tennessee on
Q: Do walmart employees have a legitimate reason to start following someone around the store if someone comes in to shop

Then the person they are with asks if they could go back out to the vehicle and get something out of the vehicle to exchange, so they leave it at the return counter and let them know the person who needs to exchange it is in the store shopping so they asked you to grab item out of vehicle and you... View More

James L. Arrasmith
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answered on Nov 9, 2023

Walmart employees, like those of any retail establishment, are often trained to observe for unusual or suspicious behavior as part of loss prevention strategies. Leaving an item at the return counter with an explanation that someone else will finalize the transaction could be seen as unusual and... View More

1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: I have a bank that’s closed my account an will not return left funds saying they sent them back to where they came from

But will not give me proof that’s what they did or where they sent them

Anthony M. Avery
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answered on Oct 17, 2023

If it is enough money involved, then sue for conversion. Suing banks is difficult, but General Sessions Court might be the answer here.

1 Answer | Asked in Consumer Law for Tennessee on
Q: My daughter's car was towed from her rental community after it was damaged in an accident.

She notified the office it was undriveable. They say they didn't get the msg. She has the phone record. After a month they won't tell her where it is. There is no towing sign at the entrance

Anthony M. Avery
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answered on Oct 4, 2023

What is your question? Owner can tow cars which are obstructions. But you will be lucky to find the car and who had it towed. I doubt any kind of conversion action is there.

1 Answer | Asked in Collections and Consumer Law for Tennessee on
Q: A business is trying to collect money via lawsuit - but didn’t follow proper collection procedure to begin with?

A business texted, harassed, and threatened customer regarding money owed. They then filed a lawsuit. How do you address the improper collection actions with the court?

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2023

You can bring a cross complaint. But, first, make certain what they did was illegal, and that the are the type of creditor that is precluded from those actions.

Consider consulting with experienced debt collect defense/FDCPA attorneys in the state where this occurred.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Tennessee on
Q: TN code violations for corporation using deceptive acts of promising refunds in writing without ever paying???

Multiple promises in writing, asked Corp multiple times for transcripts, recordings & notes for all interactions with representatives that I supposedly had access to as customer, I have large amount of those interactions & asking to compare in order to solve who is at fault to no avail...... View More

Anthony M. Avery
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answered on Sep 25, 2023

That sounds like a potential breach of contract action on each refund. Possible class action. But it sounds like you have no evidence. Consult with an attorney. But be advised it may not be a TN jurisdictional matter.

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm in Tennessee. My friend had her vehicle confiscated. She owns it free and clear but she had a judgement entered 2018

The judgement was from a landlord because she broke a lease and the judgement was for 9K. This was five years ago. She just got a car so she can drive her child to where they need to go and it was taken. The car is only worth about 2K. That said, if she gets another car, can that take that one as... View More

Anthony M. Avery
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answered on Sep 22, 2023

Friend needs a competent TN attorney to file a Notice of Exempt Property with the Court and creditor.

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1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: Civli Post Judgement Discovery in Tennessee

The judgment is just against me. I own zero assets, either solo, jointly, or tenants by the entirety. How do I best object/respond to requests for spouse info during post-judgment interrogatories? Invasion of privacy? Same thing with tax return requests? Redact all info but specific to me or refuse... View More

Anthony M. Avery
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answered on Sep 19, 2023

You probably have no grounds to deny their discovery requests. Answer truthfully before a notarty. Then file a Notice of Exempt Property.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Tennessee on
Q: What’s the statute of limitations for Directv installation property damage claims in TN?

I’m experiencing a leaking roof & interior property damage by Directv from a 2nd installed dish that occurred in 2021. The original dish was installed in 2006. The repairman in 2021 removed the old dish but left the old mounting brackets in the roof and installed a dish with mounting... View More

Anthony M. Avery
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answered on Aug 1, 2023

Property Torts have a 3 year SOL. But they are already claiming you busted it. When you sue expect to fight a Rule 56 Motion on the SOL. Be prepared to prove the 2021 work is what did the damage.

1 Answer | Asked in Consumer Law and Employment Law for Tennessee on
Q: Can you garnish a 1099 employee wages?

I’m a contract employee and the company I’m contracted through receive a garnishment for me.

Anthony M. Avery
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answered on Jul 7, 2023

If the creditor issues a garnishment against the payor, then that is probably going to be a successful garnishment against all monies owed you.

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Can I sue my mortgage lender for enforcing 8.3% for 16 yrs? Even during modification due to hardship, they would not.

The co-borrower quit claimed the home to me through divorce. The tax assessor removed the co-borrower. The co-borrower is now incarcerated and Deutsche Bank will not remove the co-borrower from the loan unless I refinance. I am still rebuilding my credit and life after divorce and being the sole... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

It sounds like you should have refinanced a few years ago when rates were super low. While you probably can’t sue your lender for the interest rate assuming that is the rate you previously agreed to, you probably can still get a lower rate on a 15 year mortgage even today and get the co-borrower... View More

1 Answer | Asked in Consumer Law, Family Law and Tax Law for Tennessee on
Q: State collecting debt

My mother passed recently and was put in nursing home in June 2020. Signed up for personal choice with State and also had Medicare. However nursing home bills are paid but State saying I’m responsible for my mother debt they paid while in nursing home. I am unaware of this debt? Now they want... View More

Anthony M. Avery
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answered on Jun 14, 2023

Hire an attorney for advice on asset protection, exemptions, and also prepare to defend against the State's probable lawsuit.

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Tennessee on
Q: I bought a cargo trailer from a private party. I received a bill of sale but no title. Seems there is a lien in place.

I’m military, living in Tennessee but currently serving a tour in Korea. Seller lives in Missouri. Lien is recorded in Illinois. After months of excuses about the bank being slow I received a picture of a title with matching vin showing the seller as the buyer and the lien signed off. So not a... View More

Anthony M. Avery
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answered on Jun 9, 2023

If the contract was made in TN, then jurisdiction arguably lies there. But it sounds like it is a MO contract, and apparently that is where the seller would be served, so MO is alot safer. You did not mention the price involved, which makes a difference. If that photo shows a lien, then contact... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: My apartment maintenance entered my apartment without notice. Is this legal?

My apt maint entered my apt due to the apt below me having a water leak. The apt did not give any notice prior to entering my apt and found that the my apt was not contributing to the leak. The lease states owner may enter at any time to prevent damage to property without written or verbal notice.... View More

Bennett James Wills
Bennett James Wills
answered on May 22, 2023

If they had reason to believe that the water leak was coming from your unit then their conduct would likely fall under the emergency exception to the notice requirement under the lease and the landlord tenant act.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Is it illegal for a dealership to require a down payment?
John Michael Frick
John Michael Frick
answered on May 14, 2023

No. It is very common because cars frequently depreciate more than the amount paid early in the term of a car loan.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: Can I force a home improvement contract to be broken when the contractor made an admitted measurement mistake?

I ordered replacement windows. The contractor stated he did not note that the exterior measurements were different from the interior measurements. The option is to cut the brick around my windows which I do not want to do. They will not break contract for a refund and will not honor warranty... View More

Henry Ambrose
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answered on May 22, 2023

You should consult a lawyer who practices construction law and is familiar with the licensing requirements and work. From your description, the contractor made a mistake and you should not have to pay for his mistake. You seem to have bargained for something other than what they are offering to do... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: I purchased a tax sale property in January. I'm seeking an attorney

I purchased a tax sale property in Jan. i did my due diligence before i even brought it. I was assigned the property On April 1. I found out they condemned the property in feb when I went to try to sell it out. I was defrauded out of my money and I want my money back plus more.

Anthony M. Avery
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answered on May 8, 2023

Unfortunately tax sales sometimes purchase nothing. However it can also clear a title. Did you search the Title? There are probably some code complaints filed. You also have to get a Deed not just the bill of sale, and deal with the owners/heirs redemption rights. It is doubtful that any... View More

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Dealership forged signature on contract sent to lending company. Has different terms and payments.

I signed a loan contract for 4.90% APR, dealership sent contract to lender showing 4.99% and forged my signature on the contract.

Is it worth pursuing? Only option given by dealership is signing an updated contract for 4.99APR.

Car purchased in Nashville, I reside in Cincinnati.

Anthony M. Avery
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answered on May 24, 2023

You might inform seller you are paying only the actual contract amount of 4.9%. Especially in OH it will be difficult to repossess. Tell them if they have a problem you will call Davidson County Sheriff about the Forgery, which a lawyer cannot do.

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