Memphis attorney Vincent Perryman discusses The Consumer Protection Act
By J. Vincent Perryman |
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Memphis attorney Vincent Perryman discusses The Consumer Protection Act Part 1
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Today, Memphis lawyer Vincent Perryman is joined by local attorney Lauren Prater to discuss The Consumer Protection Act. Not everyone knows about The Division of Consumer Affairs, a Tennessee state agency whose sole mission is "working to protect consumers and businesses from unfair business practices". On their website both businesses and consumers can find The Consumer Protection Act as well as addional resources. A consumer is broadly defined as anyone who buys, rents, leases, or otherwise acquires anything from anyone. The Consumer Protection Act protects against such things as misrepresented merchandise and deceptive business practices. The Act does not just cover products, but also services. A given example would be someone who goes to get their car serviced. If the company servicing your car deceives you by telling you that you need some part replaced when you actually don't, that would be something that The Consumer Protection Act would help you to resolve. The Act also stipulates how companies are supposed to form contracts so that consumers are not easily misled. While The Consumer Protection Act does do a great deal to protect you from unwholesome businesses, it is also important to keep a copy of any contract you sign for future reference and any legal matters that may arise.
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Memphis attorney Vincent Perryman discusses The Consumer Protection Act Part 2
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Memphis lawyer Vincent Perryman continues the discussion on The Consumer Protection Act with local attorney Lauren Prater. The discussion picks up with what consumers can do if they feel that they have been a victim of deceptive practices. Attorney Lauren Prater suggests that consumers file a complaint with either The Better Business Bureau or The Division of Consumer Affairs. If a consumer has lost money then they can also sue the offending party. One good aspect of The Consumer Protection Act is that it provides for the recovery of attorney's fees through litigation. One downside to The Consumer Protection Act is that the state can also take action against businesses. In such a case, consumers who have also been deceived or wronged by the same business can not pursue legal recourse. For this reason, it is important for consumers to research if the business is currently in a legal dispute with the state prior to taking legal actions. The Act also covers "The Lemon Law" which is to protect consumers who purchase a car. However, The Lemon Law only applies to new vehicles, meaning that if you were to purchase a used car with no warranty and it fell apart the next day, you would be out of luck.
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Memphis attorney Vincent Perryman discusses The Consumer Protection Act Part 3
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Memphis lawyer Vincent Perryman concludes the discussion with local attorney Lauren Prater on The Consumer Protection Act. They continue by discussing how adamant Tennessee is concerning the prevention of abuse of elderly consumers. If a business specifically targets the elderly, then they can then be fined $10,000 in addition to all other damages that are to be paid to the elderly consumer. The additional $10,000 is for each violation, meaning that the business would be fined $250,000 for five violations on five elderly consumers. Next, the discussion turns to whether consumers should file complaints or persue legal recourse. In the case of filing a complaint, the state may or may not take action. When suing a business, you are much more likely to gain a positive outcome. However, individuals who do choose a litigation approach are advised to be represented by an attorney. Proving that a company did knowingly deceive an individual can be a difficult task even for a skilled lawer.
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