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Tennessee Consumer Law Questions & Answers
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 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 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 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, 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, Civil Litigation and Small Claims for Tennessee on
Q: I live in Tennessee. I want to file a small claims action against Samsung Electronics USA. Not sure where to file.

Samsung's headquarters is in New Jersey. Do I file in Tennessee or New Jersey?

Anthony M. Avery
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answered on Apr 28, 2023

In Personam Jurisdiction varies greatly. If there is a contract, it might have a jurisdiction term, or you might be able to sue in the County where it was formed. With a tort, where the injury occurred. Almost always you can sue in the defendant's home place. Depending on the case, you... View More

1 Answer | Asked in Admiralty / Maritime and Consumer Law for Tennessee on
Q: A cruise line said we owe them from a canceled 2020 cruise that never sailed. They said a double refund we never got it

Upon investigation the bank said we didn’t owe them anything and they saw one refund . I supplied a a letter from the bank and statements to show we got one refund . The cruise line accountant told us to wire the money or they will cancel our new cruise we have booked .trust me I checked and... View More

James L. Arrasmith
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answered on Mar 5, 2023

If you have evidence that you received the double refund that the cruise line is claiming you owe them, and you have provided this evidence to the cruise line's accounting department, but they are still threatening to cancel your new cruise unless you wire the money, it may be advisable to... View More

1 Answer | Asked in Small Claims and Consumer Law for Tennessee on
Q: I bought a skid steer machine in march. I have just noticed that serial numbers are sanded down to hide the fact that it

It was different brand, make and model as seller described

Henry Ambrose
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answered on Jan 25, 2023

You should notify the police or sheriff about this because it can be a crime to alter serial numbers when it was done to misrepresent the identity of the item. You can also probably sue the seller for fraud. But you should talk to a lawyer about this first. What you can and should do will be... View More

1 Answer | Asked in Consumer Law, Banking, Business Law and Identity Theft for Tennessee on
Q: What to do when someone fraudulently cashes a check?

Someone fraudulently cashed a check I sent to pay my trash bill. The trash company never received it, so they still say I owe the bill. Who is responsible for getting the money - the bank, or the trash company?

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

Most likely you.

If someone intercepted a check you wrote to pay a bill and wrongly cashed it, you can legally pursue that person and possibly your own bank as well as the bank that cashed the check.

But you do still owe your trash company and should pay it. This time I recommend...
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2 Answers | Asked in Consumer Law and Civil Rights for Tennessee on
Q: Ive got a company calling me 18 times in the past 5 days. It is not a collection company, its a mortgage company. Help

They are not my mortgage company, and i am at the point of screaming into the phone that i do not want to talk to them. I am a truck driver so multiple calls from a company that I have nothing to do with is extremely distracting and they seem not to get the hint. I have declined their calls except... View More

Tammy Lee Hussin
Tammy Lee Hussin
answered on Jan 12, 2023

If the calls are automated and you have no business relationship with the mortgage company, you might be entitled to statutory damages under the Telephone Consumer Protection Act. If you answer the calls and you hear an automated voice prior to speaking to a live representative, you should reach... View More

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1 Answer | Asked in Consumer Law, Federal Crimes and Social Security for Tennessee on
Q: What kind of lawyer I need to talk to about my social security number keeps popping up that I'm deceased since last year

An extended friend of mine got a call from a funeral home last year saying I gave them that number which wasn't mine to make plot arrangements and burial plots for myself and every since then I been popping up as deceased even when I went out of state and tried to buy a phone it showed I was... View More

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2022

A Tennessee attorney could advise best, but your question remains open for five weeks. It would be helpful for the lawyer to have experience working with personal information with government agencies. Maybe reaching out to identity theft, social security, privacy & security, or other attorneys... View More

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 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.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: In TN, can a property owner request copies of workman's Comp certificate, auto insurance, and liability coverage?

I want work to stop until I have proof.

Anthony M. Avery
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answered on Dec 5, 2023

You do not have a right to see those documents. But you can demand them now. If you terminate the contract you may be sued. Those are issues you address before signing the contract.

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