The New MMPA Standard: One Step Forward or Two Steps Back?

In the summer of 2020, Missouri legislators passed a law that drastically reduced consumer protections in Missouri.1 SB-591 amended –

In the summer of 2020, Missouri legislators passed a law that drastically reduced consumer protections in Missouri.1 SB-591 amended – and effectively gutted – the protections of the Missouri Merchandising Practices Act (MMPA). The MMPA was the primary method of relief for Missouri consumers who have fallen victim to fraudulent behavior. The freshly gutted MMPA has distinct parallels to the inadequacies of common law fraud. Wronged consumers now face higher burdens of proof, minimal awards, and an uphill battle to seek redress when they have been wronged. This article examines the law’s progression from inadequate remedies under common law fraud to the new version of Missouri’s consumer protection regime. Under the new version of Missouri’s consumer protection law, Missouri consumers now face similar inadequacies during a time when merchants are more sophisticated than ever. This article further speculates on the impacts SB-591 may have on both consumers and businesses.

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