Section 16 Ascertainable Loss
| Library | Consumer Law and Practice 2010 |
The plaintiff must suffer an "ascertainable loss of money or property, real or personal" as a result of the defendant's unlawful conduct. Section 407.025.1, RSMo 2000. If the plaintiff never pays anything to the defendant, the plaintiff cannot plead the essential element of ascertainable loss necessary to bring an action under the MMPA. Merely incurring an obligation to pay does not amount to ascertainable loss. The plaintiff must part with at least some of the consideration. Compare Clement v. St....
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