By The Law Offices of John Day, P.C. on Oct 14, 2024 06:00 am
TPPA dismissal of a defamation claim related to news stories about an orthodontic business was recently affirmed. In SmileDirectClub, Inc. v. NBCUniversal Media, LLC, No. M2021-01491-COA-R3-CV (Tenn. Ct. App. Sept. 19, 2024), plaintiff teledentistry business offered teeth straightening services. The business model operated on minimal dentist/orthodontist involvement, and therefore cost significantly less than traditional braces. Defendant news organization published an online article and a television news story that included claims that some of plaintiff’s clients had experienced painful problems and suffered permanent damage. The news story asserted that employees told customers that the initial visit with a dentist was not required, and it discussed a confidentiality agreement required in order to obtain a refund from plaintiff. Based on these print and television stories, plaintiff filed defamation and Tennessee Consumer Protection Act (“TCPA”) claims against defendant. Defendant filed a petition to dismiss under the Tennessee Public Protection Act (“TPPA”), which the trial court granted. On appeal, dismissal was affirmed.
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