Section 20 Class Actions

• Library: Merchandising Practices Act 2013

The MPA also allows for class actions, as noted in § 407.025.3, RSMo 2000. Missouri courts do not recognize a distinction between a class action maintained under the Rule (Rule 52.08) and one maintained under the statute (§ 407.025.3). Dale v. DaimlerChrysler Corp., 204 S.W.3d 151, 161 (Mo. App. W.D. 2006). Additionally, Missouri courts can rely on federal interpretations of Federal Rule of Civil Procedure 23 when interpreting Rule 52.08 or § 407.025. Dale, 204 S.W.3d at 161.

As in most other cases, the elements for an MPA class action are as follows:

1. The class is too numerous for joinder of all plaintiffs. Section 407.025.3(1).

It is important for counsel to note that the standard for “too numerous” is not an impossibility; joinder only needs to be impracticable. Dale, 204 S.W.3d at 167 (citing Ardrey v. Fed. Kemper Ins. Co., 142 F.R.D. 105, 109 (E.D. Pa. 1992)). As Dale noted, “[j]oinder of all members is ‘impracticable’ for purposes of the rule when it would be inefficient, costly, time-consuming and probably confusing.” Dale, 204 S.W.3d at 167. There are no “arbitrary or rigid rules to define the required size of a class.” Id. (citations omitted). Rather, courts are instructed to make this determination on a case-by-case basis. Id. at 168 (noting that classes as small as 18 and 19 members have been upheld).

2. There are common questions of law or fact. Section 407.025.3(2).

Dale explained that, even though numerous individual questions had to be addressed—such as the length of time that the member owned a vehicle, its mileage, and whether it was purchased for commercial or consumer purposes—“[it] does not prevent the satisfaction of
the common-question-predominance question.” Dale, 204 S.W.3d at 177. To this end, Dale held, “[t]he...