Missouri: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes - any person who purchases or leases merchandise primarily for personal, family or household purposes and suffers an ascertainable loss may bring a private civil action to recover actual damages

407.025

may bring a private civil action in either the circuit court of the county in which the seller or lessor resides

Actual damages

Recovery for the loss a person actually suffered.

Recoverable - private action to recover actual damages

407.025

to recover actual damages

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Punitive damages may be awarded in the court's discretion

407.025

The court may, in its discretion: (1) Award punitive damages;

Attorney fees

Rules for recovering the cost of legal representation.

Discretionary award to the prevailing party, based on time reasonably expended

407.025

Award to the prevailing party attorney's fees, based on the amount of time reasonably expended

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Class actions authorized with conditions; no bar, but requirements including reasonable-consumer and individual-damages showings

407.025

institute an action as representative or representatives of a class against one or more defendants as representatives of a class

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

Not found in the statute text reviewed

Injunctive relief

Court orders requiring conduct to stop or change.

Court may provide equitable relief, including injunction, in its discretion

407.025

Provide such equitable relief as it deems necessary or proper to protect the prevailing party

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not more than one thousand dollars per violation

407.100

The court may award to the state a civil penalty of not more than one thousand dollars per violation