I understand the reasoning of Magistrate Bryant, and the state court judges with whom I have debated this topic, but it just does not seem right that a person or entity not associated with the consumer transaction at all should be held liable under the Act. How was the independent adjuster involved in the
independent adjuster
Independent Adjusters Can Be Held Liable for Violations of the Tennessee Consumer Protection Act
By Brandon McWherter on
Posted in Bad Faith, Consumer Protection Act
Magistrate Ed Bryant (W.D. Tenn.) recently issued a Report and Recommendation in one of my cases in which he held that Tennessee law allows an independent adjuster to be held liable under the Tennessee Consumer Protection Act. The defendant independent adjuster argued that my client failed to state a claim under the TCPA because the…