Missouri Merchandising Practices Act (MMPA) vs Private Parking Operators
The Missouri Merchandising Practices Act (RSMo §407.010 et seq.) is one of the broadest consumer-protection statutes in the country. It prohibits 'any deception, fraud, false pretense, false promise, misrepresentation, unfair practice, or concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise.' Missouri courts have applied the MMPA to parking-related transactions. A private parking operator that (a) posts misleading or hidden signage, (b) issues 'invoices' that look like government citations, (c) charges punitive 'fines' as if it were a government, (d) misrepresents authority to suspend registration, or (e) reports unverified debts to credit bureaus, can be sued for actual damages, punitive damages, and attorneys' fees under §407.025.
Legal basis
RSMo §407.020 (unlawful practices); RSMo §407.025 (private right of action, attorneys' fees); §407.020.2(2) (deception)
Sample appeal wording
TO: [Private Parking Operator] [ADDRESS] RE: Notice of MMPA Violation — Demand to Cease and Refund Under Missouri Merchandising Practices Act, RSMo §407.020 and §407.025, I provide notice of unfair and deceptive practices including: (a) signage that misleads as to the existence and price of any contract; (b) invoices that mimic government citations; (c) punitive 'fees' bearing no relation to actual damages; (d) [credit-bureau reporting / threats to suspend registration]. Unless within 30 days you withdraw all collection demands, refund any sums paid, and confirm no credit-bureau reporting, I will file suit under §407.025 for actual damages, punitive damages, attorneys' fees, and costs, and lodge a complaint with the Missouri Attorney General Consumer Protection Section. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RSMo §407.020
- RSMo §407.025
- Missouri Attorney General Consumer Protection Section