Section 9 Ascertainable Loss

• Library: Merchandising Practices Act 2013

The MPA requires that a private plaintiff (as opposed to a suit brought by the Attorney General) must suffer an ascertainable loss of money or property (real or personal). Therefore, it would appear that if a consumer did not actually fall prey to a violative act, the consumer would not have a cause of action under the MPA. For example, in Lester E. Cox Medical Centers, Springfield, Missouri v. Huntsman, No. 003276CVSDWECF, 2003 WL 22004998 (W.D. Mo. Aug. 5, 2003), the court held that, when a consumer had not paid the medical bill in dispute, the consumer did not suffer an ascertainable loss. See also Freeman Health Sys. v. Wass, 124 S.W.3d 504 (Mo. App. W.D. 2004).

In Jackson v. Charlie’s Chevrolet, Inc., 664 S.W.2d 675 (Mo. App. E.D. 1984), the court held that the MPA does not provide a cause of action for one who merely offers or attempts to purchase—even if that person had made a...