Tennessee and Montana expand consumer protection laws

Editor's Note: This article was originally published on Orrick's InfoBytes Blog and is republished here with permission.
smarques27 / Adobestock

On April 11, Tennessee enacted HB 911 (the “Act”), amending certain consumer protection measures. The Act introduces changes focusing on deceptive and unfair practices, motor vehicle-related misrepresentations, and regulatory procedures. The Act expands the scope of prohibited acts from those that are merely “deceptive” to those that are “deceptive or unfair” to consumers. Moreover, the Act mandates specific disclosure requirements in advertisements, particularly those offering services available for free or at a lower cost from governmental entities. These disclosures must be prominently displayed in a specified font size and typeface. The effective dates of various sections of the Act are staggered, with some provisions taking effect immediately and others set for July 1.

On April 17, Montana enacted SB 488 (the “Act”) which amends the Montana Unfair Trade Practices and Consumer Protection Act of 1973 to include false, misleading or otherwise deceptive consumer reviews or testimonials. The Act also revises the statutes of limitations for filing actions related to these unfair practices, providing a five-year timeframe for the Montana DOJ to bring an action and extending that timeframe to individual rights of action to two years. The Act also removes an annual reporting requirement that had applied to the state’s Department of Justice with respect to publication of material harmful to minors and similar violations. The Act went into effect upon passage.