Missouri HB 2108: Prohibits actions for personal injury or death from being brought under the Merchandising Practices Act

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2108
99TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TRENT.
5895H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 407.025, RSMo, and to enact in lieu thereof one new section relating to claims
for bodily injury.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 407.025, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 407.025, to read as follows:
407.025. 1. Any person who purchases or leases merchandise primarily for personal,
2 family or household purposes and thereby suffers an ascertainable loss of money or property, real
3 or personal, as a result of the use or employment by another person of a method, act or practice
4 declared unlawful by section 407.020, may bring a private civil action in either the circuit court
5 of the county in which the seller or lessor resides or in which the transaction complained of took
6 place, to recover actual damages. The court may, in its discretion, award punitive damages and
7 may award to the prevailing party attorney's fees, based on the amount of time reasonably
8 expended, and may provide such equitable relief as it deems necessary or proper. No action
9 shall be brought under this section to recover damages for personal injury or death.
10 2. Persons entitled to bring an action pursuant to subsection 1 of this section may, if the
11 unlawful method, act or practice has caused similar injury to numerous other persons, institute
12 an action as representative or representatives of a class against one or more defendants as
13 representatives of a class, and the petition shall allege such facts as will show that these persons
14 or the named defendants specifically named and served with process have been fairly chosen and
15 adequately and fairly represent the whole class, to recover damages as provided for in subsection
16 1 of this section. The plaintiff shall be required to prove such allegations, unless all of the
17 members of the class have entered their appearance, and it shall not be sufficient to prove such
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 2108 2
18 facts by the admission or admissions of the defendants who have entered their appearance. In
19 any action brought pursuant to this section, the court may in its discretion order, in addition to
20 damages, injunction or other equitable relief and reasonable attorney's fees.
21 3. An action may be maintained as a class action in a manner consistent with Rule 23
22 of the Federal Rules of Civil Procedure and Missouri rule of civil procedure 52.08 to the extent
23 such state rule is not inconsistent with the federal rule if:
24 (1) The class is so numerous that joinder of all members is impracticable;
25 (2) There are questions of law or fact common to the class;
26 (3) The claims or defenses of the representative parties are typical of the claims or
27 defenses of the class; and
28 (4) The representative parties will fairly and adequately protect the interests of the class;
29 and, in addition
30 (5) The prosecution of separate action by or against individual members of the class
31 would create a risk of:
32 (a) Inconsistent or varying adjudications with respect to individual members of the class
33 which would establish incompatible standards of conduct for the party opposing the class; or
34 (b) Adjudications with respect to individual members of the class which would as a
35 practical matter be dispositive of the interests of the other members not parties to the
36 adjudications or substantially impair or impede their ability to protect their interests; or
37 (6) The party opposing the class has acted or refused to act on grounds generally
38 applicable to the class, thereby making appropriate final injunctive relief or corresponding
39 declaratory relief with respect to the class as a whole; or
40 (7) The court finds that the questions of law or fact common to the members of the class
41 predominate over any questions affecting only individual members, and that a class action is
42 superior to other available methods for the fair and efficient adjudication of the controversy. The
43 matters pertinent to the findings include:
44 (a) The interest of members of the class in individually controlling the prosecution or
45 defense of separate actions;
46 (b) The extent and nature of any litigation concerning the controversy already
47 commenced by or against members of the class;
48 (c) The desirability or undesirability of concentrating the litigation of the claims in the
49 particular forum;
50 (d) The difficulties likely to be encountered in the management of a class action.
51 4. (1) As soon as practicable after the commencement of an action brought as a class
52 action, the court shall determine by order