Section 24 Waiver/Voluntary Payment Not a Bar

• Library: Merchandising Practices Act 2013

The voluntary-payment doctrine provides that someone who voluntarily pays money with full knowledge of all the facts in the case, and in the absence of fraud and duress, cannot recover it back. This doctrine is not a defense to consumer fraud. Huch v. Charter Commc’ns, Inc., 290 S.W.3d 721 (Mo. banc 2009). In Huch, a cable television company provided an unsolicited channel guide to consumers and then billed and collected, or attempted to collect, payment for the unordered merchandise. The plaintiffs alleged...