Understanding Missouri’s Consumer Fraud Protections

In Missouri, there is a statute called the “Missouri Merchandising Practices Act” which is intended to combat consumer fraud.  This law is a valuable tool for anyone who believes they have been defrauded by a seller of goods or services in the State of Missouri.

The Missouri Merchandising Practices Act is a valuable tool for several reasons.  First, the statute allows victims to bring a civil lawsuit against people or businesses that commit fraud.  Second, the law states that the victim of fraud can recover a civil monetary judgment, including punitive damages, against the person or business who has committed the fraud.

Third, the Missouri Merchandising Practices Act defines fraud in a broad manner in order to cover every type of fraudulent practice.  This is especially important because fraud takes many shapes, and fraudulent practices are always evolving.  Specifically, the Missouri Merchandising Practices Act prohibits the use of “deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce.”

Let us know your thoughts on Missouri’s consumer fraud protections.  We would be interested to hear if this was informative, so please leave a comment!

If you believe you are the victim of fraud, we would like the opportunity to meet with you to discuss your situation.  Please Contact Luke Wells Law, and Luke Wells will call you back as soon as possible.  

Statutes of Limitations: Don’t let time run out on your lawsuit

There are several laws in Missouri which require that a civil lawsuit must be filed within a certain amount of time after the act which is the basis for the lawsuit.  These are called “statutes of limitations.”

These statutes of limitations can cause huge problems.  If your lawsuit is not filed within the required period of time set forth by the statute of limitation, the lawsuit will likely be dismissed, regardless of how careless the defendant acted in causing your injuries.

In Missouri, an automobile accident lawsuit must be filed within 5 years of the incident.  A lawsuit based upon the dangerous condition of property, such as a “slip and fall” incident, must be filed within 5 years of the incident.   A medical malpractice lawsuit must be filed within 2 years of the malpractice.  A lawsuit based upon intentional conduct, like an assault, must be filed within 2 years of the incident.  A wrongful death case must be filed within 3 years of the death.   While there are some exceptions to these rules, these general rules govern most situations.

If you believe your case is nearing the end of the limitations period, it is very important that you talk to an attorney immediately.  Contact Luke Wells Law, if you believe your case is nearing the end of the limitations period, and we can discuss the situation as soon as possible.

Moving violations and the Missouri points system

If you are found guilty of a moving violation in Missouri, the State assesses “points” against your license.  Under Missouri law, the State can and will suspend or revoke your drivers license if you accumulate too many points over certain periods of time.

If you receive 8 points over an 18 month period, the State can suspend your license.  If you receive 12 points over a 12 month period, 18 points over a 24 month period, or 24 points over a 36 month period, the State can revoke your license.

A speeding violation is worth 3 points.  A careless driving violation is worth 4 points.  With these simple mistakes, someone could be on the verge of losing his or her license.

We will work on your behalf to avoid the assessment of points against your license, and prevent suspension or revocation.  Under Missouri law, some people are able to attend a driving safety program instead of receiving points against their license.  Sometimes, we will be able to work out a plea to a non-points violation.

Let us know your thoughts on the Points System.  We would be interested to hear if this was informative, so please leave a comment!

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