In a competitive economy, companies are constantly vying for market share with their unique
products. As a result, you’ll find multiple brands selling the same items. That is where
advertising and marketing become prominent.
We are not always attracted to the best-rounded choice, but the company whose campaign
leaves a mark. Hence, it is no surprise that companies make false claims, mislead the
consumers, and withhold compromising information about their products.
The Missouri Merchandising Practices Act (MMPA) upholds customer protection laws in the
state.
How does MMPA make a difference?
MMPA is a tool that the people of Missouri can utilize to seek compensation for any
misguidance or unfair treatment from product-based companies.
It covers most personal, family, and household items, but the claim is limited to individuals
exclusively. Therefore, businesses cannot leverage it.
Before we learn to file a claim, it is essential to realize what qualifies as unlawful conduct.
By Section 407.020, an act of deception, false pretense, misrepresentation, fraud, or
concealment and omission of material facts involving the sale or advertisement of any
product, is unlawful conduct in the state of Missouri.
It must be within the purview of trade and commerce or concerning a charitable cause.
Steps to claim under MMPA
Consumers are eligible to claim compensation if they satisfy the following criterion –
- They purchased the merchandise.
- The purpose was household, family, or personal.
- They suffered a loss of money or property as a result of unlawful conduct.
The score of consumer laws under MMPA extends to the purchase of vehicles, debt
collection, misinformation on food labels, wrongful foreclosure, etc.
No need to prove reliance on the advertisement
MMPA does not limit its benefits based on whether the consumers purchased the product
based on a deceptive marketing strategy or misinformation.
If the court deems the company guilt of unlawful conduct or misleading, the consumers will
receive compensation while the manufacturers will be penalized.
Moreover, MMPA permits class action, which cannot take place if reliance requirement
stands. Class actions protect consumers collectively, and they can pursue claims together.
Let the Lawyers take over
MMPA allows consumers to recover any attorney fees if their case succeeds.
Companies also seek to close out cases sooner to avoid massive legal bills. It is usually not
possible for an individual to file a lawsuit and bear the cost of a lawyer.
However, if it is a robust case, lawyers take up the case based on a contingency fee, knowing
that the defendant needs to reimburse their payment.
Call to Action
If you want to learn more about consumer laws and MMPA, fill-up the form on our website
and reach experts.