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MO SB487

Bill

Status

Introduced

2/23/2015

Primary Sponsor

Ronald Richard

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Requires plaintiffs in consumer protection lawsuits under Section 407.025 to demonstrate they acted reasonably, prove the unlawful practice caused them to enter the transaction, and establish damages with objective evidence measured as out-of-pocket loss (difference between amount paid and actual market value received)

  • Courts must follow Federal Trade Commission policies and interpretations when deciding consumer protection cases, and the law does not apply to actions already regulated by the FTC or other state/federal regulatory bodies

  • In class action lawsuits, each class member must individually prove their damages were caused by the unlawful practice; courts cannot infer that damages proven by some members were suffered by all members, and attorney's fees must bear reasonable relationship to the judgment amount

  • Creates new requirements for product liability design defect claims, placing the burden on plaintiffs to prove a safer alternative design existed that was economically and technologically feasible at the time of manufacture

  • Removes provision that allowed dismissed sellers in product liability cases to remain parties for venue/jurisdiction purposes, and prohibits joinder of plaintiffs in consumer protection or product liability suits when claims are based on separate purchases or separate injuries from the same product

Legislative Description

Modifies provisions relating to civil actions brought under merchandising practices and products liability provisions of law

Last Action

Hearing Conducted S Small Business, Insurance and Industry Committee

4/14/2015

Committee Referrals

Small Business, Insurance And Industry3/5/2015

Full Bill Text

No bill text available