Thomas J. Wolaver Et Al. v. JBEEZ, Inc.

A husband and his wife found their rental boat unsatisfactory.  So they sued the rental company, alleging a violation of the Tennessee Consumer Protection Act.  The rental company moved to dismiss based on a forum-selection clause in the rental agreement that required all disputes to be brought in a different county.  The husband and wife responded that the venue provision of the Tennessee Consumer Protection Act controlled over the forum-selection clause.  The trial court agreed with the rental company and dismissed the suit without prejudice.  We vacate the judgment.