Practice Areas‎ > ‎Consumer Law‎ > ‎

Missouri Merchandising Practices Act Violations

What is the Missouri Merchandising Practices Act (MMPA)?

Mo. Rev. Stat. § 407.020.1 (2010) provides: 

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 is defined by Mo. Rev. Stat. § 407.453 (2010).  While the name of the act implies that it only applies to material goods, the MMPA broadly defines "merchandise" to include "any objects, wares, goods, commodities, intangibles, real estate or services."  Id.  By including "real estate or services" in the definition of "merchandise," the MMPA was given great power to effectuate justice for Missouri consumers defrauded in nearly any transaction.