Section 8 Sale or Advertisement

• Library: Merchandising Practices Act 2013

In a private action under § 407.025, RSMo 2000, the unlawful act must occur in connection with the sale or lease of any merchandise in trade or commerce. Because only the Attorney General can bring suit against those who merely attempt to defraud or deceive, it must also be an actual purchase, and not merely advertising to bring a private action—only the Attorney General can bring an MPA action for false advertising, § 407.025. “One who attempts to purchase but who never receives the goods or services nor pays anything of value cannot be said to have suffered damage by reason of any unlawful practice.” Jackson v. Charlie’s Chevrolet, Inc., 664 S.W.2d 675, 677 (Mo. App. E.D. 1984). But if the underlying sale was void because of fraud under § 301.210, RSMo 2000, the plaintiffs are still allowed to proceed with an MPA
case. For example, in Antle v. Reynolds, 15 S.W.3d 762 (Mo. App. W.D. 2000), the dealership failed to transfer title of the purchased vehicle, even though the consumers had paid for it. While the transaction was technically void because the vehicle titling statutes were not followed, the court found that this type of fraudulent activity was contemplated by the MPA...