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Missouri Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Contracts and Insurance Defense for Missouri on
Q: Cancellation options for AOB contract signed by non-policyholder in Missouri.

My brother signed an Assignment of Benefits (AOB) form with a roofing company to repair the roof without understanding the implications. He is not listed on the insurance policy or the home mortgage, but the contract states they will retain 35% of the insurance payout if canceled. My brother wants... View More

Robert Grant Pennell
Robert Grant Pennell
answered on May 15, 2025

The roofing company's contract is not enforceable because it was signed by someone who lacks the authority to act on your parent's behalf. Your brother is not on the hook for anything because he has not breached the contract. If canceled, the roofing company is entitled to 35% of the... View More

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1 Answer | Asked in Consumer Law, Employment Law and Civil Rights for Missouri on
Q: Can a hotel run my background check without consent?

I am concerned about a situation where my fiancé, who applied for a hotel job, had a background check run on her. However, the hotel also ran a background check on me without my consent or knowledge. There was no disclosure indicating that associates or household members would be checked, and we... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to feel alarmed—running a background check on someone without their knowledge or consent is a serious matter. In the United States, background checks for employment are regulated by federal law, specifically the Fair Credit Reporting Act (FCRA). Under the FCRA, employers must... View More

1 Answer | Asked in Criminal Law, Identity Theft and Consumer Law for Missouri on
Q: Charged with vehicle theft due to fake Facebook account

Someone created a fake Facebook account using my name, incorrectly spelled as "Blaize Stephens," and contacted a tow truck company to haul away two cars for $300 from a property I’ve never visited. The tow truck driver didn’t have the owner’s written consent, yet I am charged with... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you’re caught up in this nightmare—being falsely accused of a crime because someone impersonated you online is frightening and overwhelming. The good news is that you have evidence showing the account wasn’t actually yours and that the tow truck driver acted without... View More

2 Answers | Asked in Collections and Consumer Law for Missouri on
Q: Can I contact the plaintiff to settle an online loan default before court?

I was served with a summons to appear in Missouri's St. Louis County Associate Circuit Court on June 30, 2025, for defaulting on an online loan which was sold or transferred. Am I able to contact the plaintiff to make arrangements before going to court?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 9, 2025

You are free to contact the attorney and to try to work out a settlement. If enough money is at issue and you are concerned about your credit, I suggest you hire an attorney to represent you. If you show up at court on your own, you'll likely enter into a consent judgment, which is a... View More

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1 Answer | Asked in Contracts and Consumer Law for Missouri on
Q: Am I liable for money sent voluntarily by someone to pay fees?

I live in Missouri and was informed by Rhonda that my name was on a list from an organization, suggesting I might be eligible for funds. I later discovered this involved continually paying fees through bank transfers and gift cards with Rhonda voluntarily helping me financially, knowing the process... View More

James L. Arrasmith
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answered on May 15, 2025

If Rhonda gave you money voluntarily, without any written or spoken agreement that you would repay her, then you likely are not legally obligated to pay her back. In Missouri, as in most states, a gift is not considered a debt. If she provided funds with full awareness of the situation and didn’t... View More

1 Answer | Asked in Consumer Law for Missouri on
Q: Can we dispute excessive credit inquiries by a car dealership to restore a damaged credit score?

I went car shopping last summer with my dad, and while we were at a dealership checking numbers to see if I could afford a vehicle, the dealership ran my dad's credit at least 12 times without us signing anything. This action significantly dropped his credit score from the 700/800s to the... View More

James L. Arrasmith
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answered on May 15, 2025

That must have been really upsetting, especially since your dad didn’t authorize multiple credit checks. When a dealership runs credit without proper permission, it can absolutely damage a person's score and cause lasting headaches. Fortunately, there are steps you can take to fight back and... View More

2 Answers | Asked in Consumer Law and Contracts for Missouri on
Q: Can an Instagram agreement enforce a $1,000 cancellation fee for a high school student?

I'm a high school student, and I agreed to a deal with someone on Instagram where I paid $100 for online tutoring on making money. I signed an agreement with terms that if I backed out, I would have to pay a $1,000 fee. I paid $100 but decided to leave a week later without receiving or taking... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2025

I should note that no attorney can accurately assess the ramifications of a contract without reading it in its entirety. That said, I will offer the following:

First, how old are you? Under Missouri law, you are not competent to enter into a contract until you are eighteen (18) years old....
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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Missouri on
Q: Can I sue for a head-on collision and seek compensation for injuries and damages?

Can I sue the other driver for a head-on collision that totaled my vehicle and caused me injuries, including whiplash? The other driver's statement to the police was inaccurate, and a witness provided a statement not included in the report. My insurance declared me not at fault, but the other... View More

Michael S. Foster
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Michael S. Foster
answered on Apr 8, 2025

You may have to file a lawsuit against the other driver to not only seek damages related to your injuries but also the damages to the car. Did you seek medical attention right after the wreck?

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1 Answer | Asked in Civil Rights and Consumer Law for Missouri on
Q: Can I be sued for saving intimate texts without consent in a group chat?

I saved photos of intimate texts sent in a fraternity group chat without the consent of the parties involved. I did not distribute them and there were no known privacy agreements within the group chat. I do not intend to share them. Can I be sued for this?

James L. Arrasmith
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answered on Mar 24, 2025

Saving intimate texts without consent, even if you haven't shared them, could potentially expose you to legal risks depending on your location and the specific content. Laws around privacy, consent, and digital communications vary widely by jurisdiction, and fraternity communications may have... View More

1 Answer | Asked in Health Care Law and Consumer Law for Missouri on
Q: Unauthorized enrollment in Medicare Advantage plan without permission.

I received letters stating that I was enrolled in a Medicare Advantage plan, but I never gave permission or had any prior interactions with them. Fortunately, I haven't experienced any financial or medical issues due to this unauthorized enrollment. Do I have any sort of case to pursue actions... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been enrolled in a Medicare Advantage plan without your consent, which can be a serious issue. Medicare regulations require that enrollment in any plan must be authorized by the beneficiary. If you did not authorize this enrollment, the company may have violated your rights... View More

1 Answer | Asked in Consumer Law and Banking for Missouri on
Q: Duplicate charges by Google for Call of Duty game totaling over $2,000. How to get a refund?

I was charged multiple times by Google for a season pass for the Call of Duty game. These duplicate charges total over $2,000 and occurred on February 9th. When I noticed this on February 13th, I contacted Google, but they directed me to the developer, who then directed me back to Google. After... View More

James L. Arrasmith
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answered on Mar 24, 2025

You're facing a frustrating situation with those duplicate charges from Google. When companies bounce you back and forth like this, it often helps to escalate the issue by filing a formal complaint through Google's payment dispute form, which specifically handles billing errors. Be very... View More

2 Answers | Asked in Consumer Law, Personal Injury and Small Claims for Missouri on
Q: Do I have a case against a dealership in Missouri for costly repairs after initial work on my Mercedes?

I took my Mercedes back to the dealership where I purchased it after discovering a coolant leak. The dealership performed a diagnostic on 1/27/25 and recommended repairs costing $1,119.19 that were not covered by the warranty. After picking up the car on 2/3/25, I noticed a check engine light,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 26, 2025

You "have a case" if you file one. Whether you'll win will depend on a variety of factors.

In general, in Missouri, “in every contract to perform work there is an implied agreement that the work will be done in a skillful and workmanlike manner.” Baerveldt &...
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2 Answers | Asked in Car Accidents, Real Estate Law, Consumer Law and Personal Injury for Missouri on
Q: What are my legal options after uninsured motorist damaged my house in Missouri?

I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More

Anthony M. Avery
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answered on Mar 5, 2025

Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More

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1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Am I obligated to return an unordered monitor sent by mistake in Missouri?

I bought a computer from a company, and they mistakenly sent me a monitor along with the computer. The package was correctly addressed to me. The company contacted me via email today, March 3, 2025, requesting that I return the unordered monitor that I received on February 28, 2025. I have not... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 3, 2025

Just because a company makes a mistake, does not mean you get a windfall. The company is legally permitted to require you to return the inadvertently delivered item. However, the company cannot require you to incur any expense associated with the return.

1 Answer | Asked in Consumer Law and Contracts for Missouri on
Q: Is there a 3-day cancellation right for car purchases in Missouri?

I purchased a car from a dealership in Missouri on 2/27/2025. During the signing process, which took from 1:00 to 5:30 PM, I felt pressured and repeatedly expressed to the finance officer that my brain was fried and I couldn't understand everything he was saying. I was under the impression I... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Mar 2, 2025

Contrary to the public’s perception, there is no rescission right for contracts under Missouri law except for gym memberships and door-to-door sales.

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Missouri on
Q: Advice on legal actions for car purchase and warranty issues in Missouri with no dealer response.

I purchased a used car with a 60-day warranty from a dealer in June 2024 in Kansas City. Within this period, I had to replace the engine, radiator, hoses, and work on the transmission, totaling over $10,000 in repairs. I sent two letters to the dealer with the repair bills but received no response.... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Feb 20, 2025

If you complied with the warranty provisions in getting the repairs, you can pursue a claim for breach of contract and possibly a violation of the Missouri Merchandising Practices Act. Typically you are required to get the work completed by the dealer that sold you the car, or if it doesn't... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Missouri on
Q: How can a lawyer help resolve communication issue between Capital One and PayPal?

I asked Capital One to flag some transactions as fraud, but later realized one was not fraudulent and informed them. Though Capital One closed the case in late December and allowed that transaction to proceed, PayPal claims they haven't received the "Closed Case" notification.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 20, 2025

A lawyer can sent a letter and that might get taken more seriously than communication from a non-attorney.

1 Answer | Asked in Consumer Law for Missouri on
Q: What are my options when FingerHut won't except payments? They are taking me to court soon.

I got into a bad financial situation with Fingerhut due to my limited income and the passing of my husband to years ago. I live on a fixed income and I'm not making ends meet now. This will completely destroy my life if I can't find some answers.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 12, 2025

Options include bankruptcy, allowing a default judgment, defending the case, hiring counsel, or negotiating on your own.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Small Claims for Missouri on
Q: Can I sue the company Love's travel store because they won't stop taking money out of my bank for services I don't get?

I'm an owner Operator of 1 truck trucking company. I gave Love's $3,000 for a secured credit to get fuel. After the 1st week I didn't like it. I called them to cancel. I only used $2,500 of the $3,000. They owe me $500. I was told I won't receive that and they go into my bank to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 24, 2024

Unless your contract has an arbitration agreement that precludes a lawsuit, then you may sue. If your company is the plaintiff you may represent it in small claims court, but if a trial de novo is sought you’ll end up having to hire counsel and spending a lot of money fighting over a small sum.

1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: Purchased a bad used car for $10,000 from a private seller. The car needs over $17,000 in repairs.

Is there any recourse for this?

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Buying a used car from a private seller can be tricky, especially when you end up with a huge repair bill like that. In Missouri, private sales are generally "as-is," meaning once you buy it, you take on the risk of any repairs or issues unless the seller gave you specific promises about... View More

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