Missouri Consumer Law

In Missouri, the mini-FTC act is the Missouri – Merchanidising Practices Act.  Under this legislation, plaintiffs have a cause of action when any person who acts, uses or employs 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.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is a statute of limitations for actions under the statute of five years after discovery of the harm.

            A successful plaintiff is entitled to damages, punitive damages at the court’s discretion and such equitable relief as the court deems necessary or proper as potential remedies for a violation.  Damages under the statute are not capped, and attorneys’ fees are recoverable by the prevailing party.  Class actions are permitted under the statute.