Consumers, Take Action
Remedial steps you can takeif you have been defrauded

ANDREW BAILEYMISSOURI ATTORNEY
GENERAL
Consumers,
Take Ac tion 11

Overview
If your muffler still rattles after it was fixed or your $250
catalog order still hasn’t arrived after two months, you
can try several remedies before filing a lawsuit as your lastaction.
A carefully worded complaint, cancellation of a sales
contract or pursuit of monetary losses of up to $5,000 insmall claims court are all options for you before turning toa lawyer.

Consumers, Take Action

1

Table of Contents
Register a complaint.........................................................................4
Cancel your contract........................................................................5
Contact Better Business Bureau, AG’s Office............................6
Contact your credit card company..............................................7
Contact an agency to help resolve complaints........................8
File a lawsuit in small claims court
How small claims lawsuits are filed................................16
How to prepare your small claims lawsuit...................17
What happens in court........................................................17Seek legal action in other courts...............................................192

Consumers, Take Action

Consumers, Take Action 3

Register a complaint
Contact the offending party and try to settle your dispute
first before contacting outside help.
Complaints will be more effective if you send copies ofreceipts and other documents explaining your case.
If you are contacting the store or business by mail, send
your complaint letter by registered mail and keep a copy
for your records. If you are making your complaint inperson, try to remain calm, but be firm and make sure youunderstand the other party.

4Consumers, Take Action

Cancel your contract
Missouri law provides a right of cancellation for certain
types of transactions:If you sign a home-solicited credit sales contract, you
may cancel the sale if you send a written notice to thecompany within three business days after the date oftransaction. Keep a copy.
Once the business receives your notice, it has 10 days torefund any goods or money that has been received, return
any signed documents and inform you the business will
pick up or let you keep items that were left behind.
There are exceptions for emergency home repairs, salesand services, or cases in which circumstances do not allow
the goods to be returned in as good condition as they
were in when the buyer received them.
You also may cancel within three days any contract inwhich your house was put up as collateral or security forthe contract.
Contracts for vacation timeshares can be canceled within
five days.
FILE A COMPLAINT
To file a complaint with the Attorney General’s Office,go online or call the Consumer Protection Hotline:
www.ago.mo.gov or 800-392-8222

Consumers, Take Action 5

Contact Better Business Bureau,
AG’s Office
Contact your local Better Business Bureau and theAttorney General’s Office and file a formal complaint if
you’re not satisfied with a business.
If an individual or a business is violating the law,then action will be quicker if you contact both offices
simultaneously.
If the offending party is located outside Missouri, thenalso contact that state’s attorney general.
The Better Business Bureau, has offices in St. Louis(314-645-3300), Kansas City (816-421-7800) andSpringfield (417-862-4222). It offers a free consumer
arbitration service to settle disputes between businesses
and consumers.
Both parties must agree to the process and any decisionof the arbitrator is legally binding. An attorney is notneeded. The arbitration process can be handled by mail,phone or in the office.

6Consumers, Take Action

Contact your credit card company

CREDIT CARDS

Credit card companies
may offer you some
protection in
disputes involving
purchases.

If you used a credit card
to pay for a disputed
service or product, you
may be able to recover
your money from yourcredit card company.

Write your credit cardcompany a letter
recording details of thematter. However, there isa deadline. You must mail the letter within 60 days after
you receive the disputed bill.

Consumers, Take Action 7

Contact an agency to help resolve compl

Missouri consumers should take aggressive action to halt mislea
business practices.

To help consumers take action, the Attorney General’s Office has
a list of agencies and organizations familiar with consumer compquestions.

If you have encountered problems with an individual or business•••

Contact the company in writing regarding your problem. Alw
Never send original documents, such as bills, to a company.
Consider contacting one of the following agencies if you areAgency

Services Offer

STATE AGENCIES

Attorney General’s Office - Reduce unwanted telemarketing ca
No Call List
registering for free on the No Call li

Attorney General’s Office - Donors can find out what percenta
Check a Charity
the charitable purpose and what pe
administrative costs.

8Division of FinanceHandles complaints about debt colharassment, mortgage bankers, creand title loan stores and other lend

Department of InsuranceHandles complaints regarding insu
will verify credentials of insurance sConsumers, Take Action

laints

adings compiled
plaints andFILE A COMPLAINT
To file a complaint with the Attorney General’s
Office or to see if complaints have been madeagainst a company, go online or call theConsumer Protection Hotline:
www.ago.mo.gov or 800-392-8222

s but are unable to resolve differences, remember to:ways keep a copy of your letter for your files.
Keep the originals for your files and send copies.
e unable to resolve a problem:

redWeb/Phone

alls to your home byist.

www.ago.mo.gov/civil-division/
consumer/no-call
866-BUZZOFF (866-289-9633)

age of their gifts go toercentage is used for

www.ago.mo.gov/civil-division/
consumer/check-a-charity/

llection andedit bureaus, payday
ders.

www.finance.mo.gov/consumers
573-751-3242

urance companies andsales representatives.

www.insurance.mo.gov
800-726-7390

Consumers, Take Action 9

Public Service
Commission

Investigates complaints against pu
service problems, overcharges andmanufactured housing (such as moOffice of ChiefDisciplinary Counsel(For Attorneys)

Processes complaints against attorn

Secretary of State

Securities/investments: 800-721-79
Toll-free hot line handles complain
concerning stockbrokers, broker-deinvestments.

Corporations: 573-751-4153
Provides information on registratio
fictitious names, benevolent organ
liability companies.
FEDERAL AGENCIES
Federal Information
CenterProvides phone numbers and infor
agencies and programs.

Aviation Consumer
Protection Division

Handles airline service complaints.
encouraged to first contact the airliproblem.

Federal Communications
Commission (FCC)

Handles complaints and inquiries rsystems, radio or television.

Federal TradeCommission (FTC)

Federal consumer protection agenc
www.consumer.gov, a one-stop lin
federal information on consumer isLabor Department Wage and Hour Division

Handles wage disputes.

10 Consumers, Take Action

ublic utilities including
d deposits, andobile homes) defects.

www.psc.mo.gov
800-392-4211

neys in Missouri.

www.mochiefcounsel.org
573-635-7400

996
nts and inquiries
ealers andwww.sos.mo.gov

ons of corporations,nizations and limited

rmation about federal

www.info.gov
800-333-4636

Consumers are
ine to try to resolve a

www.dot.gov/airconsumer
202-366-2220

regarding telephone

www.fcc.gov
888-225-5322

cy. (You also can go to www.ftc.gov
nk to a broad range of(Toll-free) 877-382-4357
ssues.)(TTY) 866-653-4261
www.dol.gov
Toll-free: 866-487-9243
KC district: 913-551-5721
St. Louis district: 314-539-2706

Consumers, Take Action 11

National Highway Traffic
Safety Administration

Provides information about safetyproblems.

U.S. Consumer Product
Safety Commission

Receives reports regarding hazardo
product-related injuries, and provid
information.

U.S. Postal Inspection
ServiceHandles inquiries involving problem
merchandise or transacting busine
you suspect you have been a victim
misrepresentation scheme.

PRIVATE AGENCIES
AARP

Lobbies for and promotes programinterest to seniors.

BBB Wise Giving Alliance

Provides information on national norganizations.

Better Business Bureaus

Handles consumer complaints thro
Offers free mediation services for dcustomers and businesses.

Direct Marketing
Association

Lets you delete your name from m

12 Consumers, Take Action

-related automotive

www.safercar.gov(Toll-free) 888-327-4236(TTY) 800-424-9153

ous products ordes product-recall

www.cpsc.gov(Toll-free) 800-638-2772(TTY) 800-638-8270

ms ordering
ess by mail, or if
m of a mail fraud or

http://postalinspectors.uspis.gov
877-876-2455

ms and issues ofwww.aarp.org
888-687-2277

nonprofitwww.give.org
703-276-0100

oughout Missouri.
disputes between

Kansas City
www.kansascity.bbb.org
816-421-7800
Springfieldwww.southwestmissouri.bbb.org
417-862-4222
St. Louiswww.stlouis.bbb.org
314-645-3300

many direct mail lists.

www.dmachoice.org

Consumers, Take Action 13Free Credit Report

Get a free credit report three times
the transactions are only yours. The
one free report per year from eachbureaus: Trans Union, Experian andNote: This is the only Web site prov
report. Watch for misleading sites r
another product.
Missouri Lawyer Referral
ServiceProvides lawyer referrals in your areNational Consumer
League’s Fraud Center

Provides general information and s
online complaint forms.

Pre-Approved Credit CardOffers

Credit bureaus allow you to “opt ou
pre-approved offers of credit and in

14 Consumers, Take Action

s a year to make suree law allows youof the three creditd Equifax.

www.annualcreditreport.com
877-322-8228

viding a free credit
requiring you to buy

ea. There is a fee.

www.mobar.org
Greene County: 417-831-2783
Statewide: 573-636-3635

statistics on scams and www.fraud.org

ut” of having
nsurance sent to you.

www.optoutprescreen.com
888-567-8688

Consumers, Take Action 15

File a lawsuit in small claims court
Missouri’s small claims court can help consumers withsuch problems as a landlord who won’t return a deposit ora repairman who said he fixed a pipe that still leaks.
Under state law, consumers who have a claim for up to$5,000 can, without hiring a lawyer, file a lawsuit in small
claims court to recoup their money.
Before you file suit in small claims court, make sure there
is no other way of settling your dispute. You may saveyourself a lot of time and effort.
HOW SMALL CLAIMS LAWSUITS ARE FILED•••••

The plaintiff (the consumer who files the lawsuit)submits the legal documents in the associate circuit
court of the county in which he lives. The associate
circuit court is housed in the county courthouse.
If the person or business you are suing is locatedin another county or if the product or service wasbought in another county, you should file the lawsuitin that county.
Forms for small claims court are available atwww.courts.mo.gov.
Once the lawsuit is filed, a hearing date is scheduled.
Hearings may be held in the evening or on Saturday.
There are modest filing fees in small claims court. You
also must pay the cost of mailing the summons bycertified mail or delivering it by the sheriff.
Consumers can file only twelve lawsuits a year insmall claims court.

16 Consumers, Take ActionHOW TO PREPARE YOUR SMALL CLAIMS LAWSUIT
Some points to remember:
1. Organize relevant materials such as bills, receipts
and letters so you can make a complete and orderlypresentation at the hearing.
2.

Prepare a full but brief statement of the facts inyour case.

3.

Determine what witnesses, if any, you want to havetestify. Reluctant witnesses may be subpoenaed ifthey are important.

4.

Check with the court before the hearing to find out
if the defendant has been served with the summons.
If service has not been made, the clerk can tell you
your options. You may seek a continuance — orpostponement — of the court date for this or asimilar good reason.

5.

Be on time for the hearing. Failure to do so may resultin dismissal of your lawsuit.

WHAT HAPPENS IN COURT
When the court date arrives, the consumer who filed
the lawsuit tells his side of the story to the judge. Theconsumer can call witnesses or use any additional
information to explain his case.
The defendant (the party being sued) also explains hisside of the story to the judge. Do not be intimidated if thedefendant is represented by an attorney. The judge has a
responsibility to ensure the proceedings remain informal
so your lack of legal knowledge will not hinder you.
Consumers, Take Action 17

The judge then questions all parties associated with thecase before making a final decision.
If the judge rules in favor of the consumer who filed
the lawsuit, the losing party in the case must pay that
consumer.
Court officials, however, do not collect money
associated with the judge’s ruling.
Consumers who have trouble recouping money awardedin small claims court have additional legal remedies under
the law. Associate circuit court officials can explain those
options.
The losing party in small claims court also can file anapplication for a new trial, which will be heard in circuit
court. (You usually will need a lawyer’s help.) Thoseapplications must be filed in small claims court within 10
days after the judge’s order or the losing party in the caseis liable for costs associated with the judgment.

Need a lawyer?
Contact the Missouri Bar Lawyer Referral Service
at one of these phone numbers:
Greene County: 417-831-2783
Statewide: 573-636-3635
There is a fee.

18 Consumers, Take Action

Seek legal action in other courts
When other remedies fail and if small claims court is notavailable to you because the amount in controversy ismore than $5,000, you may want to pursue your case incourt. You may wish to contact a lawyer to help you.
Missourians who think they have been defrauded orvictimized by unfair practices can file a lawsuit underconsumer protection laws seeking actual damages.
In addition to contract and fraud claims, Missourians
are offered legal recourse under the Merchandising
Practices Act. This law protects Missourians against unfair,misleading and deceptive practices in connection withthe sale or advertisement of any merchandise or thesolicitation of any funds for any charitable purposes in
Missouri.
The law, found in Chapter 407 of the Missouri Revised
Statutes, allows any person who buys or leases goods orservices primarily for personal, family or household use
and suffers an ascertainable loss of money or personal
property as a result of unfair or deceptive trade practices
to bring a private civil action.
The lawsuit may be filed in either the circuit court of thecounty in which the seller or lessor resides or in which
the transaction took place to recover actual damages.
The court may at its discretion award punitive damages(damages awarded in excess of normal compensation to
the plaintiff to punish a defendant for a serious wrong)and may award to the prevailing party attorney’s fees,
based on the amount of time reasonably spent.

Consumers, Take Action 19

OFFICE OF ATTORNEY GENERAL
ANDREW BAILEY
P.O. Box 899
Jefferson City, MO 65102
573-751-3321
ago.mo.gov
Revised January 2023