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Missouri Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Personal Injury, Car Accidents and Lemon Law for Missouri on
Q: Who so I contact in my area?

I was in a serious car accident. I have been sold two lemons from two different car lots. I feel that I have been mislead and taken advantage of by both of them. I am seeking the justice I deserve.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 23, 2021

Contact an attorney to discuss your options. The lemon law only applies to new vehicles but there may be other avenues for you if the vehicles were used.

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1 Answer | Asked in Consumer Law for Missouri on
Q: Do I have a case against gas station that refuse service discriminating against a certain people that moved here
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 1, 2021

If you filed suit and have a case number then you "have a case." Whether the situation you encountered would make a strong case and whether you are willing to pay an attorney potentially tens of thousands of dollars to represent you or whether an attorney is willing to invest potentially... Read more »

1 Answer | Asked in Consumer Law for Missouri on
Q: The law stating that ticket scalping is illegal. Would this apply to the mass of product scalping going on as well

Such as the massive price tag people are placing on new devices

Tim Akpinar
Tim Akpinar answered on Jan 3, 2021

A Missouri attorney could advise best, but your question remains open for five weeks. It can apply IN PRINCIPLE, but it could also involve separate laws. The objective is similar, to prevent abuse and exploitation of consumers - whether it be gasoline containers and generators after a hurricane, or... Read more »

1 Answer | Asked in Consumer Law, Estate Planning and Banking for Missouri on
Q: Wife opened bank account for young daughter with herself also listed. Wife died. Daughter now 20, access without court?

Account type is a savings account. Only my daughter and my late wife are listed on the account. Daughter’s name is listed first and daughter treated as owner for interest income reporting. We are in State of MO and daughter is now 20. Bank telling her that they can’t give her any info or answer... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 28, 2020

It will depend on how their names are listed on the account. Things as simple as “and” and “or” can make a big difference. It is worth a brief conference with an attorney to determine your daughter’s rights to the account, especially if it can avoid the necessity of filing probate.

1 Answer | Asked in Consumer Law for Missouri on
Q: I received a check from Computershare/KCC AAG TCPA Settlement, claim AVO-10196354301 and I dont recall what this is for.

I dont feel comfortable cashing a check that I dont recall what it was for, with all that has been going on this year it might have slipped my mind. There is not a phone number or anything to contact someone from Computershare.

I worked in a bank for over 20 years and the check does look... Read more »

Adam Savett
Adam Savett answered on Dec 15, 2020

I believe that the check is your pro-rata portion of the settlement in Abramson v. American Advisors Group (W.D. Pa. No. 2:19-cv-01341-MJH).

This was a case alleging that AAG violated a federal law, the Telephone Consumer Protection Act, (“TCPA”) by placing unsolicited telemarketing...
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1 Answer | Asked in Consumer Law and Products Liability for Missouri on
Q: An online store underpriced an item and I bought several, are they able to make me pay more money or give them back?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 2, 2020

An attorney would need to review the terms of sale. Relevant considerations would be the contract terms, which state's laws apply, and whether there was a mutual mistake.

1 Answer | Asked in Health Care Law, Consumer Law and Collections for Missouri on
Q: What is the statute of limitations for when a hospital presents a bill for services rendered which must be paid?

The service was performed in August of 2017 and the first time I ever saw a bill was November of 2019. I assumed (and forgot) that insurance covered it and it was a done. When the bill showed up, I first asked for an explanation of benefits as well as the excuse for only seeing it 27 months later... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 21, 2020

You are mistaken. The statute of limitations is at least 5 years. It is 10 years on a written promise to pay money.

What actions within five years.

516.120. Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those...
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1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Missouri on
Q: Ive got a case against me for deceptive business practices.

My fathet and i ran a small busineas together where we dealt with many clients sending us (animals they harvested) in return we taxidermied them and sent them back to them.if i told a client their animal was done and ready to ship back, they sent us a check, i in return told them we would ship... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2020

I don’t know what you mean about the state trying to charge you. It either has or hasn’t charged you. If the latter then you should hire an attorney to defend the lawsuit. It would be the state’s burden to establish culpability on your end.

1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: I was quoted a price from a dealer with a buyers order faxed and dealer claiming they quoted wrong price. Have to honor?

I was quoted a price on a used vehicle from a dealership in Centralia, MO. The dealer quoted the vehicle at $21,905. I agreed to purchase the vehicle and the dealer sent over buyers order to my bank to secure funds. After funds were secured and the morning I was supposed to pick up the vehicle,... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2020

This isn’t a small claims question given the amount at issue and the relief that you might be seeking. You very well might have a viable claim for specific performance, i.e., to force the sale. Consult with an attorney to help you assess whether investing in a lawsuit makes sense for you.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can I sue the seller or contractor?

I purchased a house in Aug 2019. There was rotted would that i wanted replaced and the banks underwriter was requiring to be replaced. The receipt from the contractor stated the wood was replaced. It wasnt replaced. It was temporarily fixed. My basement has been getting rained in at the spot of the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 20, 2020

If you did not hire the contractor then I don't think you have a legal basis to sue the contractor. But I believe it is worth looking into suing the sellers for violation of Missouri's Merchandising Practces Act (MPA). Here's a blog article that I wrote. Beware, Missouri's... Read more »

1 Answer | Asked in Consumer Law for Missouri on
Q: Is it possible to join in on this lawsuit? I feel that my personal privacy has been violated.

I had used Google's "incognito" browsing option for sometime in searching sensitive information online, and have now come to find they have been saving and tracking my queries.

Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
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1 Answer | Asked in Consumer Law, Real Estate Law, Agricultural Law and Environmental for Missouri on
Q: what is the penalty for negligent burning in the state of Missouri? It is a class C misdemeanor.
Tim Akpinar
Tim Akpinar answered on May 30, 2020

Only a Missouri attorney could advise you on this, as it involves state law. But you await a response for four weeks. Here on Justia, at - https://law.justia.com/codes/missouri/2017/title-xxxviii/chapter-569/section-569.065/, you will see an outline of the law - 2017 Missouri Revised Statutes -... Read more »

1 Answer | Asked in Consumer Law and Collections for Missouri on
Q: My Mother in-law is 80 on social security can;t afford new car any longer if let car go back can they garnish her check?

She just bought it 3 or 4 months ago,and still makes house payments.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2020

If a judgment is entered against her then the plaintiff may garnish her bank account. If her sole income into that account is Social Security benefits then she may file an “exemption” to the garnishment but must do it properly and timely.

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Missouri on
Q: Can I recoup expenses due to Sellers year-long ignoring requests and changed deed w.o me a not agreed?

March 2019 requested letter or legal documents of our lease to purchase agreement so I could have home owners insurance.

-July 2019 Seller said again would get me documents to obtain insurance. (never happened)

-October 2019 paid in full the sale price.

-Dec 2019 Sellers... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 4, 2020

There is a lot going on here. You definitely need to meet with an attorney. They can help you get copies of the necessary documentation and potentially make a claim to enforce the contract. Hopefully your requests listed in your question were made in writing. But as long as your contract is in... Read more »

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for Missouri on
Q: What is the legal time frame for a merchant to return your deposit if a deal falls through?

There was a commercial kitchen for sale. It was technically only the equipment. The space has to be rented separately but you couldn’t take the equipment from the space. The price was $25,000 with a required down payment of $5,000. For the deal to work you have to be approved by the landlord... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 14, 2020

If the contract doesn’t provide a time frame you’ll have to file suit to get your money back. Small claims court has a maximum jurisdiction of $5000. You may use an attorney if you wish.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Missouri on
Q: Can they require me to go through an debtors exam after 5 years from initial court appearance?

I have already had 3 exams in the past and they have show my inability to pay. I have also served a night in jail because they didn't inform me that they moved the court date to the previous week.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 10, 2020

A judgment in Missouri is valid for 10 years, so that fact that the judgment against you is 5 years old only means that it is still valid. If you get summoned, you need to appear. Consult with an attorney familiar with judgment debtor examinations, as there is an easy way to avoid answering the... Read more »

1 Answer | Asked in Consumer Law and Business Law for Missouri on
Q: I live in Missouri. I hired an electrician from Arkansas to re-do all the electric in my campground 9 months ago. I have

Paid him now he wont finish the job. What can i do to get my money back so i can pay someone else to finish?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 16, 2020

First, exhaust your efforts to get paid without hiring an attorney. If that doesn't work and enough money is at issue hire an attorney. Most attorneys could send a letter and many could file suit if necessary.

1 Answer | Asked in Civil Litigation and Consumer Law for Missouri on
Q: Can you sue a company who keeps soliciting adds to you by mail even after they have been asked repetitively to stop?

There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 16, 2020

You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that... Read more »

1 Answer | Asked in Consumer Law for Missouri on
Q: Does the state of Missouri have protections for consumers victimized by contractors?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2019

Yes, Missouri has a strong consumer protection statutes, the Merchandising Practices Act (MPA).

The MPA can be a defendant’s nightmare. It covers consuer contracts and creates liability for even innocent misrepresentations:

1. The act, use or employment by any person of any...
Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Collections and Landlord - Tenant for Missouri on
Q: getting sued for something I don’t have the title to anymore

I inherited a trailer that I didn’t want. I found someone that wanted it so I gave them the title and keys. A month later the person that owned the lot it was in called me and said he didn’t want that person to live on his property. Another months went buy and the guy I gave the trailer to was... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 4, 2019

If you don’t have a written lease with the land owner you probably have a good defense. You should consult with an attorney to be sure.

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