By Steve Levine · Updated June 30, 2026 · 7 min read
Quick Answer
The Missouri Merchandising Practices Act (MMPA), Mo. Rev. Stat. § 407.010 et seq., is Missouri's main consumer-protection law. It bars deception, fraud, false promises, misrepresentation, unfair practices, and the concealment or omission of any material fact in the sale or advertisement of merchandise. The Missouri Attorney General can enforce it, and consumers have a private right of action under § 407.025. The 2020 reform law, Senate Bill 591, tightened that private action: for cases filed on or after August 28, 2020, a plaintiff must show they acted as a reasonable consumer, that the practice would lead a reasonable person to enter the transaction, and must prove an ascertainable loss with definite, objective evidence.
What the MMPA Is and Why It Exists
The Missouri Merchandising Practices Act is the state's flagship consumer-protection
statute, enacted to give Missourians a remedy against deceptive and unfair conduct in the
marketplace. It is enforced both by the Missouri Attorney General, who can investigate
and bring enforcement actions, and by individual consumers through a private lawsuit. Like the
Arizona Consumer Fraud Act
and the Washington Consumer Protection Act,
the MMPA is frequently invoked in nationwide consumer class actions alongside other states'
consumer-fraud laws.
For years the MMPA was viewed as one of the more plaintiff-friendly consumer statutes in the
country, because older case law did not require a buyer to prove they personally relied on the
unlawful practice. That changed with the 2020 reforms discussed below, which added
reasonable-consumer and proof-of-loss requirements aimed at curbing what the business community
argued had become excessive litigation.
What the MMPA Prohibits
The core prohibition lives in Mo. Rev. Stat. § 407.020. It declares unlawful the use of
certain conduct in connection with the sale or advertisement of any merchandise in trade
or commerce. The categories the statute names are:
Deception. Conduct that has the tendency or capacity to mislead a consumer.
Fraud, false pretense & false promise. Affirmative misstatements or promises made to induce a purchase.
Misrepresentation. A false statement of fact about the merchandise or the terms of the deal.
Unfair practice. Conduct that offends public policy or is unethical, oppressive, or unscrupulous and causes substantial injury — defined further by Attorney General regulation.
Concealment, suppression, or omission of a material fact. Staying silent about something important the buyer would want to know.
A key feature is that the statute reaches omissions, not just affirmative lies, and that
it does not require the seller to have intended to deceive — the focus is on the effect of
the conduct on consumers. “Merchandise” is defined broadly to include goods,
services, and real estate purchased primarily for personal, family, or household purposes.
The Private Right of Action — § 407.025
Most consumer class actions rely on § 407.025, which lets a private individual sue
rather than waiting for the Attorney General to act. To use it, a person must have
purchased or leased merchandise primarily for personal, family, or household purposes and
suffered an ascertainable loss of money or property as a result of an act or practice the
MMPA declares unlawful.
That “ascertainable loss” requirement is central. A consumer who was exposed to a
deceptive ad but lost nothing measurable generally cannot recover. Missouri courts most often
measure the loss using the benefit-of-the-bargain rule — the difference between the
value of the product as represented and its actual value as delivered. Proving that gap with
real evidence has become more important since the 2020 reforms.
The 2020 SB 591 Reforms
In 2020 the Missouri Legislature passed Senate Bill 591, which took effect
August 28, 2020 and significantly tightened the MMPA's private right of action. For cases
filed on or after that date, a plaintiff seeking damages must now establish each of the
following:
• That they acted as a reasonable consumer would in light of all the circumstances.
• That the method, act, or practice claimed to be unlawful would cause a reasonable
person to enter into the transaction that resulted in the damages — a causation and
materiality requirement that functions much like a reliance element.
• That the individual damages are proven with sufficiently definite and objective
evidence so the loss can be calculated with a reasonable degree of certainty.
SB 591 also reshaped remedies and procedure: it tied MMPA punitive damages to Missouri's
general punitive-damages statute, § 510.261, which requires proof by clear and
convincing evidence that the defendant intentionally harmed the plaintiff without just cause
or acted with deliberate and flagrant disregard for others; it gave courts express authority to
review whether requested attorneys' fees are reasonable; and it directed courts to
determine that a class action is the appropriate vehicle before certifying one. Because
these changes apply based on the filing date, older cases and newer cases can be governed by
meaningfully different standards.
MMPA Class Actions
Section 407.025.2 expressly authorizes MMPA claims to be brought as class actions on behalf of
similarly situated consumers. In practice, a Missouri MMPA class faces the same hurdles as any
other proposed class: the named plaintiffs must satisfy the reasonable-consumer and
ascertainable-loss requirements, common questions must predominate, and the court must find the
class device appropriate
and certifiable. The 2020 reforms make damages models a frequent battleground, because the
class must show loss can be calculated on a classwide basis with objective evidence.
Being named as a defendant in an MMPA class action is not a finding of wrongdoing, and the filing
of a complaint does not mean a settlement or a claim form exists. Allegations must be proven, a
class must be certified, and any recovery is typically years away if a case advances at all.
Damages and Your Rights
A consumer who proves an MMPA violation may recover actual damages for the ascertainable
loss. Beyond that, the court has discretion to award punitive damages (subject to the
heightened § 510.261 standard), reasonable attorneys' fees, and injunctive
relief ordering the seller to stop the unlawful practice. Attorneys' fees can be especially
important in small-dollar consumer cases, because they make it economically feasible to pursue a
claim that would otherwise cost more to litigate than it is worth.
These are amounts a court may award if a violation is proven; they are not guaranteed and
not money that exists simply because a case was filed. If you believe you were harmed by a
deceptive or unfair practice in Missouri, the controlling text is the MMPA itself (Mo. Rev. Stat.
§ 407.010 et seq.) and the Missouri decisions interpreting it.
Frequently Asked Questions
What is the Missouri Merchandising Practices Act?
The Missouri Merchandising Practices Act (MMPA), Mo. Rev. Stat. § 407.010 et seq., is Missouri's main consumer-protection law. It prohibits deception, fraud, false pretense, false promise, misrepresentation, unfair practice, and the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of merchandise. The Missouri Attorney General can enforce it, and the statute also gives individual consumers a private right of action under § 407.025.
Who can sue under the MMPA?
Under § 407.025, a person who purchases or leases merchandise primarily for personal, family, or household purposes and suffers an ascertainable loss of money or property as a result of an unlawful practice may bring a private lawsuit. After the 2020 SB 591 amendments, the consumer must also show that they acted as a reasonable consumer, that the unlawful practice would cause a reasonable person to enter the transaction, and that the loss can be calculated with sufficiently definite and objective evidence.
How did SB 591 change the MMPA in 2020?
Senate Bill 591, effective August 28, 2020, tightened the MMPA's private right of action. For cases filed on or after that date, a plaintiff must show they acted as a reasonable consumer, that the challenged practice would cause a reasonable person to enter into the transaction, and must prove an individual ascertainable loss with definite and objective evidence. The law also limited punitive damages (governed by § 510.261, requiring clear and convincing evidence) and directed courts to scrutinize whether attorneys' fees and any class action are appropriate.
What damages are available under the MMPA?
A successful MMPA plaintiff may recover actual damages for the ascertainable loss, and the court has discretion to award punitive damages, reasonable attorneys' fees, and injunctive relief. Punitive damages are subject to Missouri's general punitive-damages statute (§ 510.261), which requires proof by clear and convincing evidence. These are amounts a court may award if a violation is proven; they are not a guaranteed payout.
Can MMPA claims be brought as a class action?
Yes. Section 407.025.2 allows MMPA claims to proceed as class actions, and after the 2020 reforms a Missouri court must determine that a class action is the appropriate way to litigate the claim before certifying it. The named plaintiffs must still satisfy the same reasonable-consumer and ascertainable-loss requirements, and the class must meet the usual certification standards before any recovery is possible.
Related Terms
Unjust Enrichment — a companion theory often pleaded alongside state consumer-fraud claims
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About This Page
General legal-information about the Missouri Merchandising Practices Act, not legal advice.
OpenClassActions.com is a consumer news site and is not a law firm or a settlement
administrator. Statutes and case law change, and how they apply depends on the facts of a
particular situation. For the controlling text, see the MMPA itself (Mo. Rev. Stat. §
407.010 et seq.) and the relevant Missouri court decisions. If you think your rights were
affected, consult a qualified attorney in your jurisdiction.
More on Consumer-Protection Claims
Unjust Enrichment: The equitable theory often pleaded alongside state consumer-fraud statutes like the MMPA. Read the guide →
Express vs. Implied Warranty: How warranty claims differ — and why they ride along with consumer-fraud counts. Learn more →
ROSCA — Negative-Option Billing: The federal law behind auto-renewal and free-trial subscription class actions. What it covers →
Coupon Settlement: Why some consumer settlements pay in vouchers instead of cash, and the CAFA limits on them. Read more →
