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Monday, February 18, 2019

New Tennessee Case on Hospital Liens

The Tennessee Court of Appeals recently issued its opinion in Franks v. Sykes, No. W2018-00654-COA-R3-CV (Tenn. Ct. App. Nov. 28, 2018).  The syllabus from the slip opinion reads:
This appeal concerns two separate plaintiffs’ claims under the Tennessee Consumer Protection Act (“TCPA”), alleging that the filing of undiscounted hospital liens violated the TCPA by “[r]epresenting that a consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which are prohibited by law.” The trial court dismissed one plaintiff’s claim based on the pleadings due to the plaintiff’s failure to bring a claim under the Hospital Lien Act and dismissed another plaintiff’s claim for improper venue. We affirm in part as modified, reverse in part, and remand for further proceedings.
Here is a link to the slip opinion:


NOTE: This opinion offers insight into how to handle a hospital lien from a plaintiff's lawyer's perspective.  The court herein held that the Hospital Lien Act ("HLA") was not the plaintiffs' exclusive remedy and that the Tenn. Consumer Protection Act ("TCPA") may be utilized under the proper circumstances.  However, under these circumstances, the court held that the matter in question was not a "consumer transaction" covered by the TCPA.  

Furthermore, proper venue is discussed in this opinion.  Especially as it relates to the HLA and the TCPA.  

This is a good opinion to be familiar with in my opinion.  It is worth readings.  

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