Section 4 Actual or Compensatory Damages

• Library: Consumer Law and Practice 2010

Section 407.025.1, RSMo 2000, provides for actual damages in MMPA cases and, in the court's discretion, punitive damages, attorney fees, and equitable relief.

This specifically authorizes recovery of actual damages by a plaintiff who has suffered an ascertainable loss as a result of deceptive or unfair merchandising practices. The "benefit of the bargain" rule is applied to measure damages unless the plaintiff elects to rescind the transaction and seek restitution. Morehouse v. Behlmann Pontiac-GMC Truck Serv., Inc., 31 S.W.3d 55 (Mo. App. E.D. 2000);Sunset Pools of St. Louis, Inc. v. Schaefer, 869 S.W.2d 883...