Dorothy Tucker v. Sierra Builders, et al. - Dissenting

The majority’s analysis of the Consumer Protection Act is just excellent, however, I respectfully disagree with the majority’s opinion that All American did not violate the Act in its representations made to this plaintiff. I agree with the majority’s detailed history of the TCPA and that it is much broader in scope than common-law fraud, that it must be construed liberally to protect consumers, and that the plaintiff must prove an “unfair” or “deceptive” act by the defendant. I also agree that “the essence of deception is misleading consumers by a merchant’s statements, silence, or actions.” I disagree with the majority’s conclusion, however, that All American did not act deceptively in its dealings with Ms. Tucker, and I believe that the majority opinion overlooks certain key facts in this regard. The majority neither accords the Trial Court the presumption of correctness in its fact finding as required by Rule 13(d), nor does it defer to the Trial Court on the issue of the credibility of the witnesses.¹