Section 42 Missouri Merchandising Practices Act

• Library: Consumer Law and Practice 2010

Individuals, as well as the state, may also bring actions in accordance with the MMPA (Missouri Merchandising Practices Act), Chapter 407, RSMo, for violations involving the sale and financing of real estate, including predatory mortgage lending. As the Supreme Court of Missouri pointed out in Hess v. Chase Manhattan Bank, USA, N.A., 220 S.W.3d 758, 768 (Mo. banc 2007):

Before 2000, though, only the attorney general could bring enforcement actions for deceptive practices in the sale of real estate. § 407.025.1, RSMo 1994; Detling v. Edelbrock, 671 S.W.2d 265, 272-73 (Mo. banc 1984) . . . .

In 2000, the private right of action permitted under the MPA was broadened to include all transactions in "merchandise."

Under § 407.010(4), RSMo 2000, merchandise is defined to include "any...