Civil action to recover damages--class actions authorized,when--procedure.
407.025. 1. Any person who purchases or leases merchandise primarilyfor personal, family or household purposes and thereby suffers anascertainable loss of money or property, real or personal, as a result of theuse or employment by another person of a method, act or practice declaredunlawful by section 407.020, may bring a private civil action in either thecircuit court of the county in which the seller or lessor resides or in whichthe transaction complained of took place, to recover actual damages. Thecourt may, in its discretion, award punitive damages and may award to theprevailing party attorney's fees, based on the amount of time reasonablyexpended, and may provide such equitable relief as it deems necessary orproper.
2. Persons entitled to bring an action pursuant to subsection 1 of thissection may, if the unlawful method, act or practice has caused similar injuryto numerous other persons, institute an action as representative orrepresentatives of a class against one or more defendants as representativesof a class, and the petition shall allege such facts as will show that thesepersons or the named defendants specifically named and served with processhave been fairly chosen and adequately and fairly represent the whole class,to recover damages as provided for in subsection 1 of this section. Theplaintiff shall be required to prove such allegations, unless all of themembers of the class have entered their appearance, and it shall not besufficient to prove such facts by the admission or admissions of thedefendants who have entered their appearance. In any action brought pursuantto this section, the court may in its discretion order, in addition todamages, injunction or other equitable relief and reasonable attorney's fees.
3. An action may be maintained as a class action in a manner consistentwith Rule 23 of the Federal Rules of Civil Procedure and Missouri rule ofcivil procedure 52.08 to the extent such state rule is not inconsistent withthe federal rule if:
(1) The class is so numerous that joinder of all members isimpracticable;
(2) There are questions of law or fact common to the class;
(3) The claims or defenses of the representative parties are typical ofthe claims or defenses of the class; and
(4) The representative parties will fairly and adequately protect theinterests of the class; and, in addition
(5) The prosecution of separate action by or against individual membersof the class would create a risk of:
(a) Inconsistent or varying adjudications with respect to individualmembers of the class which would establish incompatible standards of conductfor the party opposing the class; or
(b) Adjudications with respect to individual members of the class whichwould as a practical matter be dispositive of the interests of the othermembers not parties to the adjudications or substantially impair or impedetheir ability to protect their interests; or
(6) The party opposing the class has acted or refused to act on groundsgenerally applicable to the class, thereby making appropriate final injunctiverelief or corresponding declaratory relief with respect to the class as awhole; or
(7) The court finds that the questions of law or fact common to themembers of the class predominate over any questions affecting only individualmembers, and that a class action is superior to other available methods forthe fair and efficient adjudication of the controversy. The matters pertinentto the findings include:
(a) The interest of members of the class in individually controlling theprosecution or defense of separate actions;
(b) The extent and nature of any litigation concerning the controversyalready commenced by or against members of the class;
(c) The desirability or undesirability of concentrating the litigationof the claims in the particular forum;
(d) The difficulties likely to be encountered in the management of aclass action.
4. (1) As soon as practicable after the commencement of an actionbrought as a class action, the court shall determine by order whether it is tobe so maintained. An order pursuant to this subdivision may be conditional,and may be altered or amended before the decision on the merits.
(2) In any class action maintained pursuant to subdivision (7) ofsubsection 3 of this section, the court shall direct to the members of theclass the best notice practicable under the circumstances, includingindividual notice to all members who can be identified through reasonableeffort. The notice shall advise each member that:
(a) The court will exclude such member from the class if such member sorequests by a specified date;
(b) The judgment, whether favorable or not, will include all members whodo not request exclusion; and
(c) Any member who does request exclusion may, if such member desires,enter an appearance through such member's counsel.
(3) The judgment in an action maintained as a class action pursuant tosubdivision (5) of subsection 3 of this section or subdivision (6) ofsubsection 3 of this section, whether or not favorable to the class, shallinclude and describe those whom the court finds to be members of the class.The judgment in an action maintained as a class action pursuant to subdivision(7) of subsection 3 of this section, whether or not favorable to the class,shall include and specify or describe those to whom the notice provided insubdivision (2) of this subsection was directed, and who have requestedexclusion, and whom the court finds to be members of the class.
(4) When appropriate an action may be brought or maintained as a classaction with respect to particular issues, or a class may be divided intosubclasses and each subclass treated as a class, and the provisions of thissection shall then be construed and applied accordingly.
5. In the conduct of actions to which this section applies, the courtmay make appropriate orders:
(1) Determining the course of proceedings or prescribing measures toprevent undue repetition or complication in the presentation of evidence orargument;
(2) Requiring, for the protection of the members of the class orotherwise for the fair conduct of the action, that notice be given in suchmanner as the court may direct to some or all of the members of any step inthe action, or of the proposed extent of the judgment, or of the opportunityof members to signify whether they consider the representation fair andadequate, to intervene and present claims or defenses, or otherwise to comeinto the action;
(3) Imposing conditions on the representative parties or on intervenors;
(4) Requiring that the pleadings be amended to eliminate therefromallegations as to representation of absent persons, and that the actionproceed accordingly;
(5) Dealing with similar procedural matters.
6. A class action shall not be dismissed or compromised without theapproval of the court, and notice of the proposed dismissal or compromiseshall be given to all members of the class in such manner as the courtdirects.
7. Upon commencement of any action brought pursuant to subsection 1 ofthis section, the plaintiff or plaintiffs shall inform the clerk of the courtin which such action is brought, on forms to be provided by such clerk, thatthe action is brought pursuant to this section. The clerk of the court shallforthwith inform the attorney general of the commencement of such action,together with a copy of the complaint or other initial pleading, and, uponentry of any judgment or decree in the action, the clerk shall mail a copy ofsuch judgment or decree to the attorney general.
8. Any permanent injunction, judgment or order of the court madepursuant to section 407.100 shall be prima facie evidence in an action broughtpursuant to* this section that the respondent used or employed a method, actor practice declared unlawful by section 407.020.
(L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1999 S.B. 1, et al., A.L. 2000 H.B. 1509)
*Word "to" does not appear in original rolls.
(2001) Placing a bet at casino blackjack table is not a purchase within meaning of section. Ziglin v. Players MH, L.P., 36 S.W.3d 786 (Mo.App.E.D.).
(2005) Claim for punitive damages under section requires determination by jury. Scott v. Blue Springs Ford Sales, Inc., 176 S.W.3d 140 (Mo.banc).
Civil action to recover damages--class actions authorized,when--procedure.
407.025. 1. Any person who purchases or leases merchandise primarilyfor personal, family or household purposes and thereby suffers anascertainable loss of money or property, real or personal, as a result of theuse or employment by another person of a method, act or practice declaredunlawful by section 407.020, may bring a private civil action in either thecircuit court of the county in which the seller or lessor resides or in whichthe transaction complained of took place, to recover actual damages. Thecourt may, in its discretion, award punitive damages and may award to theprevailing party attorney's fees, based on the amount of time reasonablyexpended, and may provide such equitable relief as it deems necessary orproper.
2. Persons entitled to bring an action pursuant to subsection 1 of thissection may, if the unlawful method, act or practice has caused similar injuryto numerous other persons, institute an action as representative orrepresentatives of a class against one or more defendants as representativesof a class, and the petition shall allege such facts as will show that thesepersons or the named defendants specifically named and served with processhave been fairly chosen and adequately and fairly represent the whole class,to recover damages as provided for in subsection 1 of this section. Theplaintiff shall be required to prove such allegations, unless all of themembers of the class have entered their appearance, and it shall not besufficient to prove such facts by the admission or admissions of thedefendants who have entered their appearance. In any action brought pursuantto this section, the court may in its discretion order, in addition todamages, injunction or other equitable relief and reasonable attorney's fees.
3. An action may be maintained as a class action in a manner consistentwith Rule 23 of the Federal Rules of Civil Procedure and Missouri rule ofcivil procedure 52.08 to the extent such state rule is not inconsistent withthe federal rule if:
(1) The class is so numerous that joinder of all members isimpracticable;
(2) There are questions of law or fact common to the class;
(3) The claims or defenses of the representative parties are typical ofthe claims or defenses of the class; and
(4) The representative parties will fairly and adequately protect theinterests of the class; and, in addition
(5) The prosecution of separate action by or against individual membersof the class would create a risk of:
(a) Inconsistent or varying adjudications with respect to individualmembers of the class which would establish incompatible standards of conductfor the party opposing the class; or
(b) Adjudications with respect to individual members of the class whichwould as a practical matter be dispositive of the interests of the othermembers not parties to the adjudications or substantially impair or impedetheir ability to protect their interests; or
(6) The party opposing the class has acted or refused to act on groundsgenerally applicable to the class, thereby making appropriate final injunctiverelief or corresponding declaratory relief with respect to the class as awhole; or
(7) The court finds that the questions of law or fact common to themembers of the class predominate over any questions affecting only individualmembers, and that a class action is superior to other available methods forthe fair and efficient adjudication of the controversy. The matters pertinentto the findings include:
(a) The interest of members of the class in individually controlling theprosecution or defense of separate actions;
(b) The extent and nature of any litigation concerning the controversyalready commenced by or against members of the class;
(c) The desirability or undesirability of concentrating the litigationof the claims in the particular forum;
(d) The difficulties likely to be encountered in the management of aclass action.
4. (1) As soon as practicable after the commencement of an actionbrought as a class action, the court shall determine by order whether it is tobe so maintained. An order pursuant to this subdivision may be conditional,and may be altered or amended before the decision on the merits.
(2) In any class action maintained pursuant to subdivision (7) ofsubsection 3 of this section, the court shall direct to the members of theclass the best notice practicable under the circumstances, includingindividual notice to all members who can be identified through reasonableeffort. The notice shall advise each member that:
(a) The court will exclude such member from the class if such member sorequests by a specified date;
(b) The judgment, whether favorable or not, will include all members whodo not request exclusion; and
(c) Any member who does request exclusion may, if such member desires,enter an appearance through such member's counsel.
(3) The judgment in an action maintained as a class action pursuant tosubdivision (5) of subsection 3 of this section or subdivision (6) ofsubsection 3 of this section, whether or not favorable to the class, shallinclude and describe those whom the court finds to be members of the class.The judgment in an action maintained as a class action pursuant to subdivision(7) of subsection 3 of this section, whether or not favorable to the class,shall include and specify or describe those to whom the notice provided insubdivision (2) of this subsection was directed, and who have requestedexclusion, and whom the court finds to be members of the class.
(4) When appropriate an action may be brought or maintained as a classaction with respect to particular issues, or a class may be divided intosubclasses and each subclass treated as a class, and the provisions of thissection shall then be construed and applied accordingly.
5. In the conduct of actions to which this section applies, the courtmay make appropriate orders:
(1) Determining the course of proceedings or prescribing measures toprevent undue repetition or complication in the presentation of evidence orargument;
(2) Requiring, for the protection of the members of the class orotherwise for the fair conduct of the action, that notice be given in suchmanner as the court may direct to some or all of the members of any step inthe action, or of the proposed extent of the judgment, or of the opportunityof members to signify whether they consider the representation fair andadequate, to intervene and present claims or defenses, or otherwise to comeinto the action;
(3) Imposing conditions on the representative parties or on intervenors;
(4) Requiring that the pleadings be amended to eliminate therefromallegations as to representation of absent persons, and that the actionproceed accordingly;
(5) Dealing with similar procedural matters.
6. A class action shall not be dismissed or compromised without theapproval of the court, and notice of the proposed dismissal or compromiseshall be given to all members of the class in such manner as the courtdirects.
7. Upon commencement of any action brought pursuant to subsection 1 ofthis section, the plaintiff or plaintiffs shall inform the clerk of the courtin which such action is brought, on forms to be provided by such clerk, thatthe action is brought pursuant to this section. The clerk of the court shallforthwith inform the attorney general of the commencement of such action,together with a copy of the complaint or other initial pleading, and, uponentry of any judgment or decree in the action, the clerk shall mail a copy ofsuch judgment or decree to the attorney general.
8. Any permanent injunction, judgment or order of the court madepursuant to section 407.100 shall be prima facie evidence in an action broughtpursuant to* this section that the respondent used or employed a method, actor practice declared unlawful by section 407.020.
(L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1999 S.B. 1, et al., A.L. 2000 H.B. 1509)
*Word "to" does not appear in original rolls.
(2001) Placing a bet at casino blackjack table is not a purchase within meaning of section. Ziglin v. Players MH, L.P., 36 S.W.3d 786 (Mo.App.E.D.).
(2005) Claim for punitive damages under section requires determination by jury. Scott v. Blue Springs Ford Sales, Inc., 176 S.W.3d 140 (Mo.banc).
Civil action to recover damages--class actions authorized,when--procedure.
407.025. 1. Any person who purchases or leases merchandise primarilyfor personal, family or household purposes and thereby suffers anascertainable loss of money or property, real or personal, as a result of theuse or employment by another person of a method, act or practice declaredunlawful by section 407.020, may bring a private civil action in either thecircuit court of the county in which the seller or lessor resides or in whichthe transaction complained of took place, to recover actual damages. Thecourt may, in its discretion, award punitive damages and may award to theprevailing party attorney's fees, based on the amount of time reasonablyexpended, and may provide such equitable relief as it deems necessary orproper.
2. Persons entitled to bring an action pursuant to subsection 1 of thissection may, if the unlawful method, act or practice has caused similar injuryto numerous other persons, institute an action as representative orrepresentatives of a class against one or more defendants as representativesof a class, and the petition shall allege such facts as will show that thesepersons or the named defendants specifically named and served with processhave been fairly chosen and adequately and fairly represent the whole class,to recover damages as provided for in subsection 1 of this section. Theplaintiff shall be required to prove such allegations, unless all of themembers of the class have entered their appearance, and it shall not besufficient to prove such facts by the admission or admissions of thedefendants who have entered their appearance. In any action brought pursuantto this section, the court may in its discretion order, in addition todamages, injunction or other equitable relief and reasonable attorney's fees.
3. An action may be maintained as a class action in a manner consistentwith Rule 23 of the Federal Rules of Civil Procedure and Missouri rule ofcivil procedure 52.08 to the extent such state rule is not inconsistent withthe federal rule if:
(1) The class is so numerous that joinder of all members isimpracticable;
(2) There are questions of law or fact common to the class;
(3) The claims or defenses of the representative parties are typical ofthe claims or defenses of the class; and
(4) The representative parties will fairly and adequately protect theinterests of the class; and, in addition
(5) The prosecution of separate action by or against individual membersof the class would create a risk of:
(a) Inconsistent or varying adjudications with respect to individualmembers of the class which would establish incompatible standards of conductfor the party opposing the class; or
(b) Adjudications with respect to individual members of the class whichwould as a practical matter be dispositive of the interests of the othermembers not parties to the adjudications or substantially impair or impedetheir ability to protect their interests; or
(6) The party opposing the class has acted or refused to act on groundsgenerally applicable to the class, thereby making appropriate final injunctiverelief or corresponding declaratory relief with respect to the class as awhole; or
(7) The court finds that the questions of law or fact common to themembers of the class predominate over any questions affecting only individualmembers, and that a class action is superior to other available methods forthe fair and efficient adjudication of the controversy. The matters pertinentto the findings include:
(a) The interest of members of the class in individually controlling theprosecution or defense of separate actions;
(b) The extent and nature of any litigation concerning the controversyalready commenced by or against members of the class;
(c) The desirability or undesirability of concentrating the litigationof the claims in the particular forum;
(d) The difficulties likely to be encountered in the management of aclass action.
4. (1) As soon as practicable after the commencement of an actionbrought as a class action, the court shall determine by order whether it is tobe so maintained. An order pursuant to this subdivision may be conditional,and may be altered or amended before the decision on the merits.
(2) In any class action maintained pursuant to subdivision (7) ofsubsection 3 of this section, the court shall direct to the members of theclass the best notice practicable under the circumstances, includingindividual notice to all members who can be identified through reasonableeffort. The notice shall advise each member that:
(a) The court will exclude such member from the class if such member sorequests by a specified date;
(b) The judgment, whether favorable or not, will include all members whodo not request exclusion; and
(c) Any member who does request exclusion may, if such member desires,enter an appearance through such member's counsel.
(3) The judgment in an action maintained as a class action pursuant tosubdivision (5) of subsection 3 of this section or subdivision (6) ofsubsection 3 of this section, whether or not favorable to the class, shallinclude and describe those whom the court finds to be members of the class.The judgment in an action maintained as a class action pursuant to subdivision(7) of subsection 3 of this section, whether or not favorable to the class,shall include and specify or describe those to whom the notice provided insubdivision (2) of this subsection was directed, and who have requestedexclusion, and whom the court finds to be members of the class.
(4) When appropriate an action may be brought or maintained as a classaction with respect to particular issues, or a class may be divided intosubclasses and each subclass treated as a class, and the provisions of thissection shall then be construed and applied accordingly.
5. In the conduct of actions to which this section applies, the courtmay make appropriate orders:
(1) Determining the course of proceedings or prescribing measures toprevent undue repetition or complication in the presentation of evidence orargument;
(2) Requiring, for the protection of the members of the class orotherwise for the fair conduct of the action, that notice be given in suchmanner as the court may direct to some or all of the members of any step inthe action, or of the proposed extent of the judgment, or of the opportunityof members to signify whether they consider the representation fair andadequate, to intervene and present claims or defenses, or otherwise to comeinto the action;
(3) Imposing conditions on the representative parties or on intervenors;
(4) Requiring that the pleadings be amended to eliminate therefromallegations as to representation of absent persons, and that the actionproceed accordingly;
(5) Dealing with similar procedural matters.
6. A class action shall not be dismissed or compromised without theapproval of the court, and notice of the proposed dismissal or compromiseshall be given to all members of the class in such manner as the courtdirects.
7. Upon commencement of any action brought pursuant to subsection 1 ofthis section, the plaintiff or plaintiffs shall inform the clerk of the courtin which such action is brought, on forms to be provided by such clerk, thatthe action is brought pursuant to this section. The clerk of the court shallforthwith inform the attorney general of the commencement of such action,together with a copy of the complaint or other initial pleading, and, uponentry of any judgment or decree in the action, the clerk shall mail a copy ofsuch judgment or decree to the attorney general.
8. Any permanent injunction, judgment or order of the court madepursuant to section 407.100 shall be prima facie evidence in an action broughtpursuant to* this section that the respondent used or employed a method, actor practice declared unlawful by section 407.020.
(L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1999 S.B. 1, et al., A.L. 2000 H.B. 1509)
*Word "to" does not appear in original rolls.
(2001) Placing a bet at casino blackjack table is not a purchase within meaning of section. Ziglin v. Players MH, L.P., 36 S.W.3d 786 (Mo.App.E.D.).
(2005) Claim for punitive damages under section requires determination by jury. Scott v. Blue Springs Ford Sales, Inc., 176 S.W.3d 140 (Mo.banc).
