Tennessee Code Annotated
Tenn. Code Ann. § 47-18-109 (2026)
Private right of action - Damages - Notice to attorney general
✓ current as of May 2026
- (a)
- (1) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the use or employment by another person of an unfair or deceptive act or practice described in § 47-18-104(b) and declared to be unlawful by this part, may bring an action individually to recover actual damages.
- (2) The action may be brought in a court of competent jurisdiction in the county where the alleged unfair or deceptive act or practice took place, is taking place, or is about to take place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
- (3) If the court finds that the use or employment of the unfair or deceptive act or practice was a willful or knowing violation of this part, the court may award three (3) times the actual damages sustained and may provide such other relief as it considers necessary and proper, except that the court may not award exemplary or punitive damages for the same unfair or deceptive practice.
- (4) In determining whether treble damages should be awarded, the trial court may consider, among other things:
- (A) The competence of the consumer or other person;
- (B) The nature of the deception or coercion practiced upon the consumer or other person;
- (C) The damage to the consumer or other person; and
- (D) The good faith of the person found to have violated this part.
- (5) This subsection (a) does not apply with respect to alleged violations of the Tennessee Equal Consumer Credit Act of 1974, compiled in part 8 of this chapter.
- (b) Without regard to any other remedy or relief to which a person is entitled, anyone affected by a violation of this part may bring an action to obtain a declaratory judgment that the act or practice violates this part and to enjoin the person who has violated, is violating, or who is otherwise likely to violate this part; provided, that such action shall not be filed once the attorney general has commenced a proceeding pursuant to § 47-18-107 or § 47-18-108.
- (c)
- (1) Any person who has been affected by an act or practice declared to be a violation of this part may accept any written reasonable offer of settlement made by the person or persons considered to have violated this part; provided, that the tender of acceptance of such a settlement offer shall not abate any proceeding commenced by the attorney general pursuant to § 47-18-107 or § 47-18-108.
- (2) Such a settlement may be set aside by a court of competent jurisdiction at the request of the affected person or of the attorney general if such a request is made within one (1) year from the date of the settlement agreement and if the court finds the settlement to be unreasonable.
- (3) In determining the reasonableness of a settlement, the court shall consider:
- (A) The competence of the consumer or other person;
- (B) The nature of the deception or coercion practiced upon the consumer or other person;
- (C) The value of the consideration received; and
- (D) The nature and extent of the legal advice received by the consumer or other person.
If the consumer or other person was not represented by legal counsel at the time of the offer of settlement, the person claiming the benefit of the settlement shall have the burden of establishing that it is reasonable.
- (4) In any private action commenced under this section, the court may, upon the introduction of proof that the person against whom the action is filed has made a written, reasonable offer of settlement which has been communicated to the affected party, limit the amount of recovery to the terms of the offer of settlement.
- (d) Any permanent injunction, judgment, or final court order made pursuant to § 47-18-108, or assurance of voluntary compliance entered into pursuant to § 47-18-107, which has not been complied with, shall be prima facie evidence of the violation of this part in any action brought pursuant to this section.
- (e)
- (1) Upon a finding by the court that a provision of this part has been violated, the court may award to the person bringing such action reasonable attorney's fees and costs.
- (2) In any private action commenced under this section, upon finding that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may require the person instituting the action to indemnify the defendant for any damages incurred, including reasonable attorney's fees and costs.
- (3) This subsection (e) does not apply to an action initiated by the attorney general.
- (f)
- (1) Upon the commencement of any action brought under subsections (a) and (b), the clerk of the court shall mail a copy of the complaint or other initial pleading to the attorney general and, upon the entry of any judgment, order, or decree in the action, shall mail a copy of such judgment, order or decree to the attorney general.
- (2) A copy of any notice of appeal shall be served by the appellant upon the attorney general, who in the public interest may intervene on appeal.
- (g) No class action lawsuit may be brought to recover damages for an unfair or deceptive act or practice declared to be unlawful by this part.
- (h) No private right of action shall be commenced under this section for any alleged unfair or deceptive act or practice involving the marketing or sale of a security as defined in the Tennessee Securities Act, § 48-1-102.
Amended by 2019 Tenn. Acts, ch. 459,s 11, eff. 9/30/2019.
Acts 1977, ch. 438, § 10; 1988, ch. 974, § 3; 1989, ch. 498, § 3; 1991, ch. 468, §§ 3, 4; 2011, ch. 510, §§ 14, 16 - 18, 20.
Notes of Decisions
Cited in 315
cases (49 in the last 5 years), 1980–2026 · leading case: ATS Se., Inc. v. Carrier Corp., 18 S.W.3d 626 (Tenn. 2000).
ATS Se., Inc. v. Carrier Corp., 18 S.W.3d 626 (Tenn. 2000). “’ Thus, because the Tennessee Consumer Protection Act affords a private right of action to ‘[a]ny person,’ [under] Tenn. Code Ann. § 47-18-109 (a)(l), and a trial court is required to consider specifically ‘[t]he damage to the consumer or other person,’ [under] TenmCode Ann.”
Kristen Cox MORRISON v. Paul ALLEN Et Al., 338 S.W.3d 417 (Tenn. 2011). “19, 2002) (award of less than three times damages permissible based on “such other relief” language in Tenn. Code Ann. § 47-18-109 (a)(3)). -5- Appeals to offset her judgment against the defendants by the amount of her settlement with American General and to deny her request for…”
Discover Bank v. Morgan, 363 S.W.3d 479 (Tenn. 2012). “Once an ascertainable loss has been established, the TCPA allows consumers to recover “actual damages,” Tenn. Code Ann. § 47-18-109 (a)(l), but does not define that term.”
Tucker v. Sierra Builders, 180 S.W.3d 109 (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 47-18-109 (a)(3); Concrete Spaces, Inc.”
Concrete Spaces, Inc. v. Sender, 2 S.W.3d 901 (Tenn. 1999). “Tenn. Code Ann. § 47-18-109 (a)(3) (1995) provides that it is the trial court, and not the jury, that determines whether the defendant’s violation was knowing and willful.”
Buddy Lee Attractions, Inc. v. William Morris Agency, Inc., 13 S.W.3d 343 (Tenn. Ct. App. 1999). “WHO DECIDES CULPABILITY? We must first note the distinction between Tennessee Code Annotated section 47-18-109(a)(3), the statute providing for treble damages under the Consumer Protection Act as was involved in Concrete Spaces , and Tennessee Code Annotated section 47-50-109,…”
Grantham & Mann, Inc., D/B/A Grantham Saf. Indus., Inc. v. Am. Saf. Prods., Inc., Sam Evans, Richard J. Althoff & James Hunneke, 831 F.2d 596 (6th Cir. 1987). “See Tenn. Code Ann. § 47-18-109 (a) (1984). Grantham contends on appeal that an action alleging unfair trade practices sounds in tort, not contract, so that the choice of law provision in the distributorship agreement was inapplicable in ascertaining whether North Carolina or…”
Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006). “*409 Tenn.Code Ann. § 47-18-109(a)(l) (2001). Such actions “may be brought in a court of competent jurisdiction,” id.”
Kimberly E. Lapinsky v. Janice E. Cook, 536 S.W.3d 425 (Tenn. Ct. App. 2016). “The Cooks raise an issue regarding whether the Trial Court erred in denying their motion for attorney’s fees pursuant to Tenn. Code Ann. § 47-18-109 . We find and hold that the Trial Court did not abuse its discretion in refusing to allow further discovery, that the defendants…”
Steed Realty v. Oveisi, 823 S.W.2d 195 (Tenn. Ct. App. 1991). “T.C.A. § 47-18-109(a)(2) states that “[t]he action may be brought in a court of competent jurisdiction .”
David White v. Empire Express, Inc. & Empire Transp., Inc., 395 S.W.3d 696 (Tenn. Ct. App. 2012). “” *726 Tenn.Code Ann. § 47-18-109. In order to recover under the TCPA, White must show by a preponderance of the evidence that: (1) the Defendants engaged in an unfair or deceptive act or practice declared unlawful by the TCPA, and (2) the Defendants’ conduct caused the loss of…”
In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009). “2008) (interpreting Tenn. Code Ann. § 47-18-109 (a)(1)); State v.”
— Tenn. Code Ann. § 47-18-109(2) — 2 cases
Netherland v. Hunter, 133 S.W.3d 614 (Tenn. Ct. App. 2003).
U.S. Bank, N.A., as Servicer for the Tennessee Hous. Dev. Agency v. Tennessee Farmenrs Mut. Ins. Co. (Tenn. Ct. App. 2007).
— Tenn. Code Ann. § 47-18-109(3)(1988) — 1 case
Brandel v. Moore Mortg. & Inv. Co., 774 S.W.2d 600 (Tenn. Ct. App. 1989).
— Tenn. Code Ann. § 47-18-109(a) — 16 cases
ATS Se., Inc. v. Carrier Corp., 18 S.W.3d 626 (Tenn. 2000). “’ Thus, because the Tennessee Consumer Protection Act affords a private right of action to ‘[a]ny person,’ [under] Tenn. Code Ann. § 47-18-109 (a)(l), and a trial court is required to consider specifically ‘[t]he damage to the consumer or other person,’ [under] TenmCode Ann.”
Discover Bank v. Morgan, 363 S.W.3d 479 (Tenn. 2012). “Once an ascertainable loss has been established, the TCPA allows consumers to recover “actual damages,” Tenn. Code Ann. § 47-18-109 (a)(l), but does not define that term.”
Am. Bldgs. Co. v. White, 640 S.W.2d 569 (Tenn. Ct. App. 1982).
Beard v. Worldwide Mortg. Corp., 354 F. Supp. 2d 789 (W.D. Tenn. 2005).
Productivemd, LLC v. 4umd, LLC, 821 F. Supp. 2d 955 (M.D. Tenn. 2011).
— Tenn. Code Ann. § 47-18-109(a)(1) — 42 cases
Discover Bank v. Morgan, 363 S.W.3d 479 (Tenn. 2012). “Once an ascertainable loss has been established, the TCPA allows consumers to recover “actual damages,” Tenn. Code Ann. § 47-18-109 (a)(l), but does not define that term.”
Tucker v. Sierra Builders, 180 S.W.3d 109 (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 47-18-109 (a)(3); Concrete Spaces, Inc.”
Ganzevoort v. Russell, 949 S.W.2d 293 (Tenn. 1997).
Kristen Cox MORRISON v. Paul ALLEN Et Al., 338 S.W.3d 417 (Tenn. 2011). “19, 2002) (award of less than three times damages permissible based on “such other relief” language in Tenn. Code Ann. § 47-18-109 (a)(3)). -5- Appeals to offset her judgment against the defendants by the amount of her settlement with American General and to deny her request for…”
Brown v. Tennessee Title Loans, Inc., 328 S.W.3d 850 (Tenn. 2010).
— Tenn. Code Ann. § 47-18-109(a)(2) — 4 cases
Steed Realty v. Oveisi, 823 S.W.2d 195 (Tenn. Ct. App. 1991). “T.C.A. § 47-18-109(a)(2) states that “[t]he action may be brought in a court of competent jurisdiction .”
Netherland v. Hunter, 133 S.W.3d 614 (Tenn. Ct. App. 2003).
Ward v. Yokley, 338 S.W.3d 912 (Tenn. Ct. App. 2010).
Paula H. Chaffin, Manny Formigo, & Brenda Thurman v. Norwegian Cruise Line Ltd, A/K/A Norwegian Cruise Lines, Inc., A/K/A Norwegian Cruise Lines (Tenn. Ct. App. 1999).
— Tenn. Code Ann. § 47-18-109(a)(3) — 49 cases
Kristen Cox MORRISON v. Paul ALLEN Et Al., 338 S.W.3d 417 (Tenn. 2011). “19, 2002) (award of less than three times damages permissible based on “such other relief” language in Tenn. Code Ann. § 47-18-109 (a)(3)). -5- Appeals to offset her judgment against the defendants by the amount of her settlement with American General and to deny her request for…”
Concrete Spaces, Inc. v. Sender, 2 S.W.3d 901 (Tenn. 1999). “Tenn. Code Ann. § 47-18-109 (a)(3) (1995) provides that it is the trial court, and not the jury, that determines whether the defendant’s violation was knowing and willful.”
Buddy Lee Attractions, Inc. v. William Morris Agency, Inc., 13 S.W.3d 343 (Tenn. Ct. App. 1999). “WHO DECIDES CULPABILITY? We must first note the distinction between Tennessee Code Annotated section 47-18-109(a)(3), the statute providing for treble damages under the Consumer Protection Act as was involved in Concrete Spaces , and Tennessee Code Annotated section 47-50-109,…”
Murvin v. Cofer, 968 S.W.2d 304 (Tenn. Ct. App. 1997).
Lien v. Couch, 993 S.W.2d 53 (Tenn. Ct. App. 1998).
— Tenn. Code Ann. § 47-18-109(a)(3)(1995) — 2 cases
Concrete Spaces, Inc. v. Sender, 2 S.W.3d 901 (Tenn. 1999). “Tenn. Code Ann. § 47-18-109 (a)(3) (1995) provides that it is the trial court, and not the jury, that determines whether the defendant’s violation was knowing and willful.”
Buddy Lee Attractions, Inc. v. William Morris Agency, Inc., 13 S.W.3d 343 (Tenn. Ct. App. 1999). “WHO DECIDES CULPABILITY? We must first note the distinction between Tennessee Code Annotated section 47-18-109(a)(3), the statute providing for treble damages under the Consumer Protection Act as was involved in Concrete Spaces , and Tennessee Code Annotated section 47-50-109,…”
— Tenn. Code Ann. § 47-18-109(a)(3)(2001) — 2 cases
Holladay v. Speed, 208 S.W.3d 408 (Tenn. Ct. App. 2005).
Wilson v. Esch, 166 S.W.3d 729 (Tenn. Ct. App. 2004).
— Tenn. Code Ann. § 47-18-109(a)(3)(4) — 1 case
Buddy Lee Attractions, Inc. v. William Morris Agency, Inc., 13 S.W.3d 343 (Tenn. Ct. App. 1999). “WHO DECIDES CULPABILITY? We must first note the distinction between Tennessee Code Annotated section 47-18-109(a)(3), the statute providing for treble damages under the Consumer Protection Act as was involved in Concrete Spaces , and Tennessee Code Annotated section 47-50-109,…”
— Tenn. Code Ann. § 47-18-109(a)(4) — 16 cases
ATS Se., Inc. v. Carrier Corp., 18 S.W.3d 626 (Tenn. 2000). “’ Thus, because the Tennessee Consumer Protection Act affords a private right of action to ‘[a]ny person,’ [under] Tenn. Code Ann. § 47-18-109 (a)(l), and a trial court is required to consider specifically ‘[t]he damage to the consumer or other person,’ [under] TenmCode Ann.”
Buddy Lee Attractions, Inc. v. William Morris Agency, Inc., 13 S.W.3d 343 (Tenn. Ct. App. 1999). “WHO DECIDES CULPABILITY? We must first note the distinction between Tennessee Code Annotated section 47-18-109(a)(3), the statute providing for treble damages under the Consumer Protection Act as was involved in Concrete Spaces , and Tennessee Code Annotated section 47-50-109,…”
Bridgeport Music, Inc. v. 11C MUSIC, 154 F. Supp. 2d 1330 (M.D. Tenn. 2001).
Smith Corona Corp. v. Pelikan, Inc., 784 F. Supp. 452 (M.D. Tenn. 1992).
Poole v. Batson (In re Batson), 568 B.R. 281 (Bankr. M.D. Tenn. 2017).
— Tenn. Code Ann. § 47-18-109(a)(4)(2001) — 1 case
Holladay v. Speed, 208 S.W.3d 408 (Tenn. Ct. App. 2005).
— Tenn. Code Ann. § 47-18-109(a)(4)(A) — 5 cases
ATS Se., Inc. v. Carrier Corp., 18 S.W.3d 626 (Tenn. 2000). “’ Thus, because the Tennessee Consumer Protection Act affords a private right of action to ‘[a]ny person,’ [under] Tenn. Code Ann. § 47-18-109 (a)(l), and a trial court is required to consider specifically ‘[t]he damage to the consumer or other person,’ [under] TenmCode Ann.”
Smith Corona Corp. v. Pelikan, Inc., 784 F. Supp. 452 (M.D. Tenn. 1992).
Operations Mgmt. Int'l, Inc. v. Tengasco, Inc., 35 F. Supp. 2d 1052 (E.D. Tenn. 1999).
Syncor Int'l Corp. v. Newbaker, 12 F. Supp. 2d 781 (W.D. Tenn. 1998).
Lou Ann Zelenik v. Crowell Homebuilding, LLC (Tenn. Ct. App. 2025).
— Tenn. Code Ann. § 47-18-109(a)(4)(B) — 1 case
Lou Ann Zelenik v. Crowell Homebuilding, LLC (Tenn. Ct. App. 2025).
— Tenn. Code Ann. § 47-18-109(a)(4)(C) — 1 case
Smith Corona Corp. v. Pelikan, Inc., 784 F. Supp. 452 (M.D. Tenn. 1992).
— Tenn. Code Ann. § 47-18-109(a)(4)(D) — 1 case
Lou Ann Zelenik v. Crowell Homebuilding, LLC (Tenn. Ct. App. 2025).
— Tenn. Code Ann. § 47-18-109(a)(l) — 29 cases
Walker v. Sunrise Pontiac-GMC Truck, Inc., 249 S.W.3d 301 (Tenn. 2008).
Tucker v. Sierra Builders, 180 S.W.3d 109 (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 47-18-109 (a)(3); Concrete Spaces, Inc.”
In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009). “2008) (interpreting Tenn. Code Ann. § 47-18-109 (a)(1)); State v.”
Kristen Cox MORRISON v. Paul ALLEN Et Al., 338 S.W.3d 417 (Tenn. 2011). “19, 2002) (award of less than three times damages permissible based on “such other relief” language in Tenn. Code Ann. § 47-18-109 (a)(3)). -5- Appeals to offset her judgment against the defendants by the amount of her settlement with American General and to deny her request for…”
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009).
— Tenn. Code Ann. § 47-18-109(b) — 4 cases
Tennessee Med. Ass'n v. Bluecross Blueshield of Tennessee, Inc., 229 S.W.3d 304 (Tenn. Ct. App. 2007).
Grantham & Mann, Inc., D/B/A Grantham Saf. Indus., Inc. v. Am. Saf. Prods., Inc., Sam Evans, Richard J. Althoff & James Hunneke, 831 F.2d 596 (6th Cir. 1987). “See Tenn. Code Ann. § 47-18-109 (a) (1984). Grantham contends on appeal that an action alleging unfair trade practices sounds in tort, not contract, so that the choice of law provision in the distributorship agreement was inapplicable in ascertaining whether North Carolina or…”
Syncor Int'l Corp. v. Newbaker, 12 F. Supp. 2d 781 (W.D. Tenn. 1998).
Paula H. Chaffin, Manny Formigo, & Brenda Thurman v. Norwegian Cruise Line Ltd, A/K/A Norwegian Cruise Lines, Inc., A/K/A Norwegian Cruise Lines (Tenn. Ct. App. 1999).
— Tenn. Code Ann. § 47-18-109(e) — 6 cases
River Park Hosp., Inc. v. BlueCross BlueShield of Tennessee, Inc., 173 S.W.3d 43 (Tenn. Ct. App. 2002).
Rafia N. Khan, Individually, & In Her Capacity As Tr. Of The Rafia N. Khan Irrevocable Trust v. Regions Bank, 461 S.W.3d 505 (Tenn. Ct. App. 2014).
Chandler v. Prudential Ins. Co., 715 S.W.2d 615 (Tenn. Ct. App. 1986).
Jerry Faerber v. Troutman & Troutman, P.C. (Tenn. Ct. App. 2017).
Ashley Shearin Meade v. Paducah Nissan, LLC (Tenn. Ct. App. 2022).
— Tenn. Code Ann. § 47-18-109(e)(1) — 27 cases
Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303 (Tenn. 2009).
Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006). “*409 Tenn.Code Ann. § 47-18-109(a)(l) (2001). Such actions “may be brought in a court of competent jurisdiction,” id.”
Pyburn v. Bill Heard Chevrolet, 63 S.W.3d 351 (Tenn. Ct. App. 2001).
River Park Hosp., Inc. v. BlueCross BlueShield of Tennessee, Inc., 173 S.W.3d 43 (Tenn. Ct. App. 2002).
Lien v. Couch, 993 S.W.2d 53 (Tenn. Ct. App. 1998).
— Tenn. Code Ann. § 47-18-109(e)(2) — 14 cases
David White v. Empire Express, Inc. & Empire Transp., Inc., 395 S.W.3d 696 (Tenn. Ct. App. 2012). “” *726 Tenn.Code Ann. § 47-18-109. In order to recover under the TCPA, White must show by a preponderance of the evidence that: (1) the Defendants engaged in an unfair or deceptive act or practice declared unlawful by the TCPA, and (2) the Defendants’ conduct caused the loss of…”
Wagner v. Fleming, 139 S.W.3d 295 (Tenn. Ct. App. 2004).
Holt v. MacY's Retail Holdings, Inc., 719 F. Supp. 2d 903 (W.D. Tenn. 2010).
Kimberly E. Lapinsky v. Janice E. Cook, 536 S.W.3d 425 (Tenn. Ct. App. 2016). “The Cooks raise an issue regarding whether the Trial Court erred in denying their motion for attorney’s fees pursuant to Tenn. Code Ann. § 47-18-109 . We find and hold that the Trial Court did not abuse its discretion in refusing to allow further discovery, that the defendants…”
Wesley Finch v. O.B. Hofstetter/Anderson Trust (Tenn. Ct. App. 2017).
— Tenn. Code Ann. § 47-18-109(e)(l) — 11 cases
Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006). “*409 Tenn.Code Ann. § 47-18-109(a)(l) (2001). Such actions “may be brought in a court of competent jurisdiction,” id.”
Murvin v. Cofer, 968 S.W.2d 304 (Tenn. Ct. App. 1997).
Grantham & Mann, Inc., D/B/A Grantham Saf. Indus., Inc. v. Am. Saf. Prods., Inc., Sam Evans, Richard J. Althoff & James Hunneke, 831 F.2d 596 (6th Cir. 1987). “See Tenn. Code Ann. § 47-18-109 (a) (1984). Grantham contends on appeal that an action alleging unfair trade practices sounds in tort, not contract, so that the choice of law provision in the distributorship agreement was inapplicable in ascertaining whether North Carolina or…”
Allen v. Smith (In re Smith), 567 B.R. 529 (Bankr. M.D. Tenn. 2017).
Akers v. Bonifasi, 629 F. Supp. 1212 (M.D. Tenn. 1985).
— Tenn. Code Ann. § 47-18-109(g) — 1 case
Dremak v. Iovate Health Sciences Grp., Inc., 299 F.R.D. 648 (S.D. Cal. 2014).
— Tenn. Code Ann. § 47-18-109(h) — 1 case
Allen v. Smith (In re Smith), 567 B.R. 529 (Bankr. M.D. Tenn. 2017).
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.