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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Tennessee on
Q: Is there a statue of limitations for collections from TN AG’s office. I never received a bill & 2018 is the last year

On Saturday, Nov 23, 2024 I received a letter from AG’s office in TN saying I owed them over 80k. The last year I had interaction with them is during an inquiry by the TN medical license board regarding false allegations of over prescribing opioids. I had practiced for 33 years when the hospital... View More

Anthony M. Avery
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answered on Dec 7, 2024

Not sure of what the $ 80K alleged debt is for, so I cannot give you a SOL, There is a 10 yr catch all SOL, but if criminal costs are involved, it may be part of a sentence. But you do have Exemption Rights, which you might need to assert by Notice Of Exempt Properties if CH 7 Bankruptcy is not... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: Can I use tca 47-3-118 Statute of Limitation to enforce the credit bureaus to remove negative items off my credit report
Anthony M. Avery
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answered on Jul 16, 2024

You can cite it to show some debts are unenforceable. But SOL starts from last payment., Credit companies do not have to comply until you give a written dispute. If report is still wrong then hire a lawyer to sue. They will usually ignore you.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I'm being charged for a septic service when I am not hooked up to it or requested it i have my own tank , What
Anthony M. Avery
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answered on Jun 18, 2024

Start with complaining to the Lincoln County Mayor. From there, inform whoever is charging you that you will not pay for a utility service you do not get. I have a feeling the Mayor knows what is going on. You may need to get your County Commissioner involved also.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Business Law for Tennessee on
Q: If I get a car from a dealership but make payments to another dealership, is something illegal happening?

Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions

Anthony M. Avery
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answered on May 28, 2024

Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... 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 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 for Tennessee on
Q: I went to return a item to family dollar without a receipt and was denied even though the website clearly states that I
Tim Akpinar
Tim Akpinar
answered on Jan 17, 2025

A Tennessee attorney could advise best, but your question remains open for two weeks. It looks like part of it was cut off. Although some questions go unanswered, you could try reposting with the part of the question that was left off. Good luck

1 Answer | Asked in Consumer Law for Tennessee on
Q: Is it legal for repo company to charge me to get my belongings out of a repossessed car saying $75
Anthony M. Avery
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answered on Dec 9, 2024

That is alot less than filing an Action To Recover Personal Property.

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