With no explanation, chose the best option from "A", "B", "C" or "D". him, he cannot state a claim for breach on this ground. See Life Care Ctrs. of Am., 79 F.3d at 514 (concluding that damages are an essential element of a breach of contract under Tennessee law). 8 . Wachovia arrives at this calculation by taking the $389.66 per month payment specified in the May DFA plus Hinton’s "regular payment” of $887.72. J.A. at 24 (May DFA at 1). Wachovia determines the "regular payment” to be $887.72 by dividing $7101.77, the total of the eight "regular payments,” by eight. Id. 11 . Wachovia’s conduct, even if deceptive, might not be covered by the TCPA because it is not clear under Tennessee law that such actions related to a forebearance agreement would be seen as affecting commerce. See Pursell v. First Am. Nat’l Bank, 937 S.W.2d 838, 840-42 (Tenn.1996)

A: holding that claim against state for failing to prevent sexual abuse was covered by statute
B: holding that payments from a tortfeasors insurer are not from a collateral source because they stem directly from the tortfeasor
C: holding that a claim for breach of a provision in a merger agreement arises from the purchase or sale of the debtors securities
D: holding that a claim for deception regarding lenders repossession of debtors collateral was not covered by the tcpa but explicitly refraining from exempting banking activities from the tcpa
D.