Section 24 Broad Scope

• Library: Consumer Law and Practice 2010

In addition to the relatively easy burden of pleading a case under the MMPA, the MMPA is incredibly broad in scope. Although § 407.020, RSMo Supp. 2010, declares unfair or deceptive practices unlawful, it does not define deceptive practices. As the Supreme Court of Missouri emphasized, "[t]his was done to give broad scope to the meaning of the statute and to prevent evasion because of overly meticulous definitions." Huch v. Charter Commc'ns, Inc., 290 S.W.3d 721, 724 (Mo. banc 2009). But under § 407.145, RSMo 2000, the Attorney General may promulgate "'all rules necessary to the administration and enforcement' of the provisions of the act, which includes the authority to promulgate rules setting out the scope and meaning of the act." Huch, 290 S.W.3d at 724-25.

Accordingly, the Attorney General has promulgated regulations found in the Code of State Regulations, Title 15, Division 60, Chapters 7-9, which explain and define terms used in § 407.020 of the MMPA and...