Recent headlines involving Afroman have reignited a national conversation about the right to speak freely- especially when that speech exposes uncomfortable truths. While his case centers on the First Amendment and government actors, mine is different, but no less important. This case is about consumer-protected speech - the right of homeowners to speak honestly about their experiences without being threatened, sued, or silenced.
In response to a January 2022 demand letter from our attorney requesting that Regency comply with its contractual warranty obligations and correct numerous defects, Regency didn’t fix the problems—they sued me in April 2022 for speaking truthfully about the lemon of a house they built us.
Instead of addressing the issues they created, they chose litigation as a weapon- an attempt to intimidate, silence, and control the narrative. This action by Regency Homebuilders is the very definition of a SLAPP lawsuit (Strategic Lawsuit Against Public Participation) - a legal tactic used to punish and silence individuals for speaking out, not because the claims have merit, but because the process itself is the punishment.
Under the Tennessee Public Participation Act (TPPA), enacted in 2019, citizens like me are protected from exactly this kind of retaliation. The TPPA ensures that Tennesseans have swift, fair, and inexpensive access to justice when sued for exercising their constitutional right to free speech on matters of public concern. It exists to dismiss meritless lawsuits early, prevent abuse of the court system, and protect individuals who speak out about wrongdoing or deception.
But Regency has found a way to sidestep those protections.
By forcing mandatory, binding arbitration into their contracts, they now argue that the TPPA does not apply, effectively stripping homeowners of the very protections the Tennessee Legislature intended. What should have been a quick dismissal of a retaliatory lawsuit has instead become a prolonged and expensive legal battle.
This loophole allows powerful companies like Regency Homebuilders to silence consumers without ever stepping foot in a courtroom. It undermines the TPPA’s core purpose: to protect Tennesseans from abusive legal tactics designed to punish people for speaking out. What should have been a fast, fair process to dismiss a meritless claim has instead become an expensive, drawn-out battle, all because a builder used arbitration as a shield against accountability and free speech.
This case isn’t just about one homeowner.
It’s about whether consumers still have the right to tell the truth.
(AKA:TPPA)
(AKA: CRFA)