Plaintiff Wade Cummins, p/k/a Elvis Wade (hereinafter Cummins) filed suit against defendant Steve Brodie (hereinafter Brodie) and Elvis Wade International, Inc. alleging breach of contract, fraud, misrepresentation, and violation of the Tennessee Consumer Protection Act, T.C.A. Â§ 47-18-101, et seq., because Cummins cancelled several nightclub performance dates upon Brodies advise and Brodie failed to obtain any replacement bookings, Cummins is an entertainer who does Elvis Presley imitations at night clubs and fairs. Brodie is an entrepreneur in the music business who founded Transcontinental Record Sales, Inc. in Buffalo, New York, has an ownership interest in Cartee Music Publishing Company in Nashville, Tennessee, owns Sahara Records in California, and produced a movie in California. Elvis Wade International, Inc. is a to-be-formed corporation whose purpose is to exploit the musical career of Cummins with Cummins, Brodie, and Alan Cartee, who is not a party in this suit, as its shareholders. Although the corporate charter was filed with the secretary of state, the corporation was not capitalized. It did not make an appearance in this case and was not represented by counsel.