The Missouri Merchandising Practices Act (MMPA) may be a powerful consumer protection statute if you have been harmed by an unfair, misleading or deceptive business transaction. The “fundamental purpose: of the MMPA is the “protection of consumers.” Huch v. Charter Comm., Inc., 290 S.W.3d 721,724 (Mo. banc 2009). The Court continued, noting that

“[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][T]o promote that purpose, the act prohibits false fraudulent or deceptive merchandising practices.” Id. “The legislature intended section 407.020 to “supplement the definitions of common law fraud in an attempt to preserve fundamental honesty, fair play and right dealing in public transactions.”

Section 407.020.1 RSMo., states that

The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri, is declared to be an unlawful practice. * * * Any act, use or employment declared unlawful by this subsection violates this subsection whether committed before, during or after the sale, advertisement or solicitation. (emphasis added).

Each of the emphasized words quoted above are defined by the Missouri Merchandising Practices Act. The MMPA defines “merchandise” to include “any objects, wares, goods, commodities, intangibles, real estate or services.” By including “real estate or services” in the definition of “merchandise,” the MMPA applies in almost any transaction, whether involving a tangible item or a service.

Several terms are not defined by the statute. Specifically, the terms “deceptive” and “unfair practice” are left without definition. Missouri law requires courts to use the ordinary meaning of terms that are not defined. If a reasonable argument, using common sense, can be made that you have been harmed by a deceptive or unfair practice, then perhaps the MMPA can assist you.

One of the most powerful features of the MMPA is that consumers who have been harmed by deceptive marketing practices do not need to prove that they relied upon any particular misrepresentation or omission in purchasing a good or service to recover damages. Missouri consumers must only prove that the defendant engaged in deceptive or unfair marketing practices, and that the consumer suffered ascertainable loss by purchasing the good or service.

Currently, the Missouri legislature is considering SB793, which seeks to undermine the power of the statute by requiring Missouri consumers to prove reliance upon the deceptive or unfair practice in making the purchase. The proposed modification reads as follows:

“A person seeking to recover damages shall demonstrate that he or she acted reasonably in light of all the circumstances and establish his or her individual damages with sufficiently definitive and objective evidence to allow the loss to be calculated with a reasonable degree of certainty. The damages shall be measured by the person’s out-of-pocket loss, which shall be defined as an amount of money equal to the difference between the amount paid by the consumer for the good or service and the actual market value of the good or service that the consumer actually received. In order to recover damages under this section, each person shall be required to prove that the method, act, or practice declared unlawful by section 407.020 caused him or her to enter into the transaction that resulted in his or her damages.”

If you have been harmed by false, misleading and/or unfair business practices, the MMPA, offers protection and opportunities to recover compensation. The attorneys of Kennedy, Kennedy, Robbins & Yarbro, LC will be glad to assist you by reviewing the specifics of your transaction. We will compare your facts to other similar cases under the Missouri Merchandising Practices Act, and if appropriate, pursue compensation for your losses and damages.

Our lawyers combine aggressive representation with an emphasis on creative litigation solutions. Please contact us or call us at (573)686-2459 to discuss your potential litigation needs.
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