407.010. Definitions. — As used in sections 407.010 to 407.130, the following words and terms mean:
(1) "Advertisement", the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise;
(2) "Documentary material", the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated;
(3) "Examination of documentary material", the inspection, study, or copying of such material, and the taking of testimony under oath or acknowledgment in respect to any documentary material or copy thereof;
(4) "Merchandise", any objects, wares, goods, commodities, intangibles, real estate or services;
(5) "Person", any natural person or his legal representative, partnership, firm, for-profit or not-for-profit corporation, whether domestic or foreign, company, foundation, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof;
(6) "Sale", any sale, lease, offer for sale or lease, or attempt to sell or lease merchandise for cash or on credit;
(7) "Trade" or "commerce", the advertising, offering for sale, sale, or distribution, or any combination thereof, of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever situated. The terms "trade" and "commerce" include any trade or commerce directly or indirectly affecting the people of this state.
Notes of Decisions
State Ex Rel. Nixon v. Estes, 108 S.W.3d 795 (Mo. Ct. App. 2003).
· cites it 14× “Harold Eugene Estes appeals the circuit court’s ruling granting the Attorney General’s motion for summary judgment in a civil action brought against him under the provisions of the Merchandising Practices Act (“MPA”), § 407.010 et seq. 1 We affirm the judgment of the circuit…”
Jackson v. Barton, 548 S.W.3d 263 (Mo. 2018).
· cites it 8× “See section 407.010(4). In fact, Mr. Jackson alleged in the petition that he and LifeSmile agreed the transaction would not be complete until he "paid Lifesmile in accordance with Lifesmile's payment demands.”
Kathy Haywood v. Massage Envy Franchising, LLC, 887 F.3d 329 (7th Cir. 2018).
· cites it 2× “, and the Missouri Merchandising Practices Act (“MMPA”), Mo. Rev. Stat. § 407.010 et seq., when it offered and sold “what it stated were one‐hour massages or ‘massage sessions’ that provided no more than 50 minutes of massage time.”
Chochorowski v. Home Depot U.S.A., 404 S.W.3d 220 (Mo. 2013).
· cites it 6× “Janet Chochorowski filed a class-action lawsuit against Home Depot, claiming that Home Depot violated the Missouri Merchandising Practices Act (MMPA), section 407.010 et seq., 1 by automatically including a damage waiver fee in its tool rental agreement that Ms.”
Anthony Arcese v. Daniel Schmitt & Co., 504 S.W.3d 772 (Mo. Ct. App. 2016).
· cites it 4× “(“Defendant”) alleging, inter alia, violations of the Missouri Merchandising Practices Act (“MMPA”), Section 407.010, et seq., in connection with the sale of a 1954 Cadillac convertible.”
Ruhl v. Lee's Summit Honda, 322 S.W.3d 136 (Mo. 2010).
· cites it 8× “020, [1] and its deceptive practices connected with the sale of merchandise under the Missouri merchandising practices act (MPA), sections 407.010 to 407.130. Honda claims that the trial court erred in failing to compel arbitration because the claims were within scope of the…”
Freeman Health Sys. v. Wass, 124 S.W.3d 504 (Mo. Ct. App. 2004).
· cites it 6× “*506 Appellant filed his counterclaim and petition for class action status, alleging that Freeman had violated the Missouri Merchandising Practices Act, section 407.010, et seq., (“the Act”). 1 He asserted Freeman charged him a higher amount than the usual and customary charges…”
Jennifer Beardsall v. CVS Pharmacy, Inc., 953 F.3d 969 (7th Cir. 2020).
“(against Fruit of the Earth and CVS); Count VII: Missouri Merchandising Practices Act, Mo. Rev. Stat. § 407.010 et seq. (against Fruit of the Earth and CVS); Count VIII: New Hampshire Regulation of Business Practices for Consumer Protection, N.”
Amburgy v. Express Scripts, Inc., 671 F. Supp. 2d 1046 (E.D. Mo. 2009).
· cites it 4× “Accordingly, Count IV of the Complaint fails to state a claim upon which plaintiff may obtain relief, and, as such, is subject to dismissal pursuant to Fed.”
Peel v. Credit Acceptance Corp., 408 S.W.3d 191 (Mo. Ct. App. 2013).
· cites it 3× “The MPA also defines “trade” or “commerce” as “the advertising, offering for sale, sale, or distribution, or any combination thereof, of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever…”
Hope v. Nissan North Am., Inc., 353 S.W.3d 68 (Mo. Ct. App. 2011).
· cites it 3× “We must examine the issues in light of the asserted theories of liability. The Missouri Merchandising Practices Act (“MMPA”) Claims First, we turn to Plaintiffs’ allegations that Nissan violated the Missouri Merchandising Practices Act (“MMPA”), section 407.”
— Mo. Rev. Stat. § 407.010(1) — 1 case
— Mo. Rev. Stat. § 407.010(4) — 27 cases
Freeman Health Sys. v. Wass, 124 S.W.3d 504 (Mo. Ct. App. 2004).
“*506 Appellant filed his counterclaim and petition for class action status, alleging that Freeman had violated the Missouri Merchandising Practices Act, section 407.010, et seq., (“the Act”). 1 He asserted Freeman charged him a higher amount than the usual and customary charges…”
Jackson v. Barton, 548 S.W.3d 263 (Mo. 2018).
“See section 407.010(4). In fact, Mr. Jackson alleged in the petition that he and LifeSmile agreed the transaction would not be complete until he "paid Lifesmile in accordance with Lifesmile's payment demands.”
Chochorowski v. Home Depot U.S.A., 404 S.W.3d 220 (Mo. 2013).
“Janet Chochorowski filed a class-action lawsuit against Home Depot, claiming that Home Depot violated the Missouri Merchandising Practices Act (MMPA), section 407.010 et seq., 1 by automatically including a damage waiver fee in its tool rental agreement that Ms.”
Amburgy v. Express Scripts, Inc., 671 F. Supp. 2d 1046 (E.D. Mo. 2009).
“Accordingly, Count IV of the Complaint fails to state a claim upon which plaintiff may obtain relief, and, as such, is subject to dismissal pursuant to Fed.”
— Mo. Rev. Stat. § 407.010(5) — 8 cases
— Mo. Rev. Stat. § 407.010(6) — 7 cases
Jackson v. Barton, 548 S.W.3d 263 (Mo. 2018).
“See section 407.010(4). In fact, Mr. Jackson alleged in the petition that he and LifeSmile agreed the transaction would not be complete until he "paid Lifesmile in accordance with Lifesmile's payment demands.”
Chochorowski v. Home Depot U.S.A., 404 S.W.3d 220 (Mo. 2013).
“Janet Chochorowski filed a class-action lawsuit against Home Depot, claiming that Home Depot violated the Missouri Merchandising Practices Act (MMPA), section 407.010 et seq., 1 by automatically including a damage waiver fee in its tool rental agreement that Ms.”
Peel v. Credit Acceptance Corp., 408 S.W.3d 191 (Mo. Ct. App. 2013).
“The MPA also defines “trade” or “commerce” as “the advertising, offering for sale, sale, or distribution, or any combination thereof, of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever…”
— Mo. Rev. Stat. § 407.010(7) — 10 cases
State Ex Rel. Nixon v. Estes, 108 S.W.3d 795 (Mo. Ct. App. 2003).
“Harold Eugene Estes appeals the circuit court’s ruling granting the Attorney General’s motion for summary judgment in a civil action brought against him under the provisions of the Merchandising Practices Act (“MPA”), § 407.010 et seq. 1 We affirm the judgment of the circuit…”
Peel v. Credit Acceptance Corp., 408 S.W.3d 191 (Mo. Ct. App. 2013).
“The MPA also defines “trade” or “commerce” as “the advertising, offering for sale, sale, or distribution, or any combination thereof, of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.