Consumer Protection Laws

Better Business Bureau Complaint Process If you file a complaint with the BBB, everything you submit will be forwarded to the business within 2 business days The business will be asked to respond within 14 days If a response is not received, a second request will be made You will be notified of the business’s response (or notified that the BBB has received no response) BBB says that complaints are usually closed within 30 days https://www.bbb.org/consumer-complaints/file-a-complaint/get-started

Lifetime of a Complaint in the Missouri Attorney General’s Office STEP 1: File a complaint 2 ways: 1. Submit your complaint online OR 2. Mail your complaint to the Missouri Attorney General’s Office Tips: PDF form is available to print out online: https://ago.mo.gov/docs/default- source/forms/consumercomplaintform.pdf If need additional help or have questions about how to file your complaint, call hotline: 1-800-392-8222

STEP 2: Upload or send additional documentation STEP 3: MO AGO will contact the business referenced in the consumer’s complaint and will attempt to resolve complaint through mediation a LOT of complaints are resolved this way! STEP 4: If business is unresponsive, complaint will be referred to investigators and attorneys in the Consumer Protection Division for investigation and potential litigation STEP 5: Investigators and attorneys will be in touch with you STEP 6: After investigation, attorneys decide whether to file a criminal or civil case STEP 7: Plea or trial

Missouri Merchandising Practices Act The MO AGO typically uses the Missouri Merchandising Practices Act (MMPA) to bring cases involving fraud, misrepresentation, false promises, or unfair practices. The consumer also has the ability to sue a business under the MMPA

Missouri Merchandising Practices Act (continued) To bring an MMPA claim, the consumer must show: There was a use or employment of: a. a deception, b. a fraud, c. a false pretense, d. a false promise, e. a misrepresentation, f. an unfair practice, or g. A concealment, suppression, or omission of a material fact; V.A.M.S. 407.020 RSMo § 407.020

Missouri Merchandising Practices Act (continued) 2. The unlawful act occurred in connection with the sale or advertisement of any merchandise in trade or commerce; 3. The unlawful act resulted in an ascertainable loss of money or real or personal property; and 4. The loss occurred to a person who purchases or leases merchandise primarily for personal, family, or household purposes. RSMo § 407.020

Damages Under the MMPA ,a plaintiff who has suffered an ascertainable loss as a result of unfair merchandising practices is authorized to recover actual damages Actual damages may include: • the cost of repairing defective goods; • the difference in value between the goods as actually received and as represented; and • any other losses directly attributable to the defendant's deceptive or unfair practices, including consequential damages A plaintiff may also be able to recover punitive damages, if the plaintiff can prove by clear and convincing evidence that the business in question acted willfully or in reckless disregard of the consequences RSMo § 407.025.1; Werremeyer v. K.C. Auto Salvage Co., Inc., 134 S.W.3d 633 (Mo. 2004)

Remedies if MO AGO brings case under MMPA Restitution Civil penalties Injunctive relief e.g., the business owner would be prohibited from conducting any further business in the state of Missouri Incarceration of business owner (if criminal case)