Section 12 Intent Not Required

• Library: Merchandising Practices Act 2013

The MPA is an especially powerful tool in dealing with consumer fraud because, unlike the common-law tort of fraud, a claim alleging consumer fraud under the MPA does not require intent, reliance, or, in some situations, even privity. Furthermore, the MPA includes a private right of action when the recovery can include not only actual and punitive damages but also attorney fees.

In 1981, the Missouri court of appeals held that “intent” was not an element that had to be proved in order to prevail under §...