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Tennessee Consumer Law Questions & Answers
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 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 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

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