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35 U. Mem. L. Rev. 485 (2004-2005)
Only We Can Save You: When and Why Non-Consumer Businesses Have Standing to Sue Business Competitors under the Tennessee Consumer Protection Act

handle is hein.journals/umem35 and id is 495 raw text is: Only We Can Save You: When and
Why Non-Consumer Businesses Have
Standing to Sue Business
Competitors Under the Tennessee
Consumer Protection Act
D. WES SULLENGER*
I.    INTRODUCTION   ......................................................... 486
II.    STANDING TO SUE IN TENNESSEE ..............................487
III.  THE RISE OF CONSUMER PROTECTION LAWS .............. 489
IV.   THE TENNESSEE CONSUMER PROTECTION ACT ........... 493
A. Businesses Generally Have Standing Under
the Tennessee Consumer Protection Act ............. 495
B. Businesses Have Standing to Sue
Business Competitors Under the Act .................. 496
C. Why Business Competitor Standing
Exists  Under  the  Act  ........................................... 500
1. The Language of the Act Has
Always Allowed for Business
Competitor Standing  .................................... 500
2. The 1989 Amendment to the Act
Removes Any Doubt That Business
Competitors Have Standing to Sue ............... 501
3. Public Policy Concerns Further
Buttress the Case for Business
Competitor Standing  ................................... 503
4. A Flexible Standing Test to
*   Associate in the Nashville office of King & Ballow Law Offices. The
author practices all aspects of employment discrimination litigation as well as
wage and hour law. He has also represented businesses as both plaintiff and
defendant in cases involving the Tennessee Consumer Protection Act. The au-
thor would like to thank Mark E. Stamelos, Esq., for his feedback on earlier
drafts of this Article. Special thanks also to Tonya Sullenger for her support
during the research and writing process.

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