SECURAMERICA BUSINESS CREDIT v. SOUTHLAND TRANSPORTATION CO., LLC., ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on Apr 1, 2016

Court: TN Court of Appeals

Attorneys 1:

William O. Luckett, Jr., Clarksdale, Mississippi, and Lorrie K. Ridder, Indianapolis, Indiana, for the appellant, SecurAmerica Business Credit.

Attorneys 2:

David Jarvis Cocke, Memphis, Tennessee, for the appellees, Karl Schledwitz and Terry Lynch.

Judge(s): GIBSON

This is the third appeal involving liability on personal guaranties securing the debt of a transportation company. On remand after our second opinion, the trial court found that the transportation company and the lender, through the actions of its president, entered into a conspiracy to violate the Tennessee Consumer Protection Act (“TCPA”) and violated the duty of good faith and fair dealing, thereby relieving the guarantors of their liability under the continuing guaranties. Specifically, the trial court found that the guarantors were “consumers” under the TCPA, that the guarantors suffered an ascertainable loss due to the transportation company?s deceptive acts, and that a violation of the TCPA can be a predicate tort for a civil conspiracy claim. Now, we reverse the trial court?s finding that the transportation company?s acts affected trade or commerce within the meaning of the TCPA. Accordingly, we also reverse the trial court?s determination that the guarantors should be released from their guaranties.