Big business and the Missouri Legislature have teamed up to make major changes to the Missouri Merchandising Practices Act (MPA), the law that has been protecting consumers from deceptive business practices in Missouri since 1967.
Senate Bill 5 (SB5) proposes several changes designed to weaken the MPA.
SB5 exempts from MPA coverage practices “regulated” by a state or federal agency including title lenders, payday lenders, finance companies, banks, credit unions, you name it. This provision effectively gives businesses a license to cheat ordinary citizens like you, stripping from MPA all of the power provided to private individuals to take action against predatory businesses and embracing government regulation over citizen empowerment.
SB5 limits a consumer’s right to sue, including only certain types of deception. Currently the MPA allows for broader protection to fight deceptions before, during or after the sale. Under SB5, anything that happened after the conclusion of the deal with an unscrupulous business would no longer be covered by MPA. Home foreclosures, vehicle repossessions, credit card abuses, bogus collection lawsuits, false credit reporting, and many more bad acts would be allowed, unchecked.
SB5 all but eliminates citizen power to band together in class action. This takes away one of the chief ways to stop unlawful business practices. After all, it is easier to steal a dollar from 1000 people than it is to steal $1,000 from one person.
If SB5 becomes law, unscrupulous businesses would have a huge advantage over honest ones. Businesses that resort to unfair or deceptive practices would have no fear of being held accountable. Honest businesses couldn’t compete. More and more scammers would migrate to Missouri while fewer and fewer honest businesses would stay.
Consumers Council of Missouri urges you to please call or email your legislator and tell them that you disagree with SB5’s objectives. You can find your legislators at this link: http://www.senate.mo.gov/LegisLookup/Default.aspx.
Evil prevails when good people do nothing. SB5 is not written for the benefit people. The supporters of this bill want a license to cheat. We hope our voices in the legislature will preserve all consumers’ right to fair business practices.
Cara Spencer is executive director of Consumers Council of Missouri and 20th Ward alderwoman in St. Louis.
