Mo. Rev. Stat. §§ 407.010 Through 407.307 Merchandising Practices Act The Missouri Merchandising Practices Act (“MMPA”) exists to protect consumers. Missouri’s Supreme Court has observed that the unfair practices declared unlawful by the MMPA are exceedingly broad. A brief synopsis of the MMPA is provided below: Prohibited Practices Under The MMPA Deception, fraud, false pretenses, false promises, misrepresentations, unfair practices, or concealment or omission of material fact. Scope Of The MMPA Sale, lease, offer for sale or lease, attempt to sell or lease, distribution, or advertisement of any merchandise including goods, commodities, intangibles, realty or services. Also includes solicitation of funds for any charitable purpose. Exclusions Under The MMPA Advertisements by publisher, radio and television media, with no knowledge of falsity; institutions supervised by director of insurance, credit unions, or finance unless director authorizes attorney general to act or a… Read More
Kan. Stat. Ann. §§ 50-623 Through 50-640 and 50-675a through 50-679a Consumer Protection Act For all Kansans, one of the most important consumer laws is the Kansas Consumer Protection Act. Borrowing words from the Kansas Supreme Court, the Kansas Consumer Protection Act allows consumers that are harmed by deceptive or unconscionable acts or practices to act as their own “private attorney general” and take steps to protect their rights. In addition, the law allows the state attorney general and local district attorneys to take steps to protect consumers. Unfair or Deceptive Acts or Practices under the KCPA can be broken down as follows: Prohibited Practices under The KCPA Any deceptive acts or practices including but not limited to 12 enumerated prohibitions, one of which is willful concealment of material fact; unconscionable practice, determined by considering 7 enumerated factors. Scope of… Read More
Your home has been foreclosed on, or sold for failure to pay real estate taxes, what happens next? 2020 has been incredibly difficult for many people, and foreclosures and tax sales are likely to only go up in 2021. It is important to know that you have some rights that are seldom explained. Although, unless you can repay delinquent amounts, there may be nothing to stop the sale of property, you (or your heirs) are not completely out the equity that has accumulated in the real estate being foreclosed upon. It is frequently not shared with homeowners that if your property is sold for more than is owed to the bank or government entity seizing the property, that you (or your heirs) are entitled to any money collected in excess of the amounts owed. This can sometimes be significant money… Read More
Every year there are men, women, and children that are put through some very tough situations. If you are facing a situation where you are subject to abuse, here are some steps that you can take to protect you or your loved ones in the Sunflower State. In Kansas, if there is abuse of either the parent or child, as defined under the Protection from Abuse Act, an individual may request a Protection from Abuse Order by filing a Petition with the Court. The Protection from Abuse Order will protect an individual, or their child(ren) from abuse immediately. What Is The Legal Definition Of Abuse In Kansas? Under K.S.A. 60-3102, “abuse” means the occurrence of one or more of the following acts between intimate partners or household members: Intentionally attempting to cause bodily injury, or intentionally or recklessly causing bodily… Read More
Every year, Americans encounter life-changing problems they can’t resolve because our civil courts are a complex maze. At some point, most people have a problem like a divorce or wrongful treatment by a landlord or debt collector and need a legal solution. But millions lose their cases in civil court, not because they’ve done something wrong, but because they don’t have the information or legal help they need. Whether your are in the landlord tenant docket in Wyandotte County District Court, the limited actions docket in Johnson County fighting a hospital bill, or associate level court in Jackson County Circuit Court, self-represented litigants are the norm in courts across the Kansas City Region. Judges are forced to make hard decisions on whether a family can stay in their home or medical debt is really owed. Most of these self-represented litigant… Read More
So, you want to get married, and you are deciding what the next step is. You have heard of these things called prenuptial agreements. , but you’re not really sure what they are. 1) What is a prenup? A prenuptial (“prenup”) agreement is essentially a contract between two people considering marriage that establishes rights to property and support in the event of divorce or death. It is not, as some would say, an early admission of defeat. First of all, conversations about finances and assets are important before entering into marriage. In order for a prenup to be enforceable, each person must have made a full disclosure of all their financial interests. These conversations make sure that a couple is on the same page, and have been open and honest with each other. For example, will the couple have combined… Read More
Grandparent’s rights are important. When a life changing event occurs, such as a divorce, death of a child’s parent, or a paternity action, grandparents have a legal right under Kansas law, K.S.A. 23-3301, to request court-ordered visitation with their grandchild(ren). A grandparent must establish that they have had a substantial grandparent-grandchild relationship and that it would be in the best interests of the child, or children, for the court to order the same. In order for a grandparent to establish, or prove, that a substantial relationship exists, a grandparent needs to show: 1.) The number of times they visited the child, or how often they have been involved in the child’s life; 2.) The events or activities that the grandparent attended or is involved in with the minor child and the frequency of that involvement; 3.) The frequency of… Read More
The various titles and other documents evidencing a car’s history are often key to discovering exactly how a car’s history differs from that represented by the dealer. The detailed title history is often more revealing than the summary title history described in the prior section. Not only is there no substitute for obtaining copies of the actual records to determine if there have been alterations, forgeries, information left blank, and other problems, but the actual records will show the names and addresses of prior owners. These records are also likely to be admissible in court, while a summary title report will not be. Summary reports also will only reliably indicate transfers to a purchaser for use, and may not indicate transfers from one dealer to another, from an insurance company to a body shop, or from a body shop to… Read More
So, you bought a car that was in a serious prior accident that was not disclosed to you? This scenario is increasingly common. Often a vehicle’s prior history as a wrecked car is hidden from potential buyers. Even if a car seems to run well and looks aesthetically nice, the car’s history of serious damage means that its true market value is dramatically decreased. A “Total Loss” Vehicle The number of vehicles deemed a “total loss” by insurance companies has been rapidly increasing. Believe it or not, the average age of a car on the road in the United States is almost twelve years old. A “total loss” vehicle is simply a car that would cost more to repair properly than it is worth. How then can rebuilders be part of a thriving industry that buys these salvage vehicles, rebuilds… Read More
If you are receiving harassing phone calls, letters, and emails from a debt collector, there are numerous ways to put an end to this conduct. If the conduct is truly egregious, as detailed in our Fair Debt Collection Practices Act blog post, you may even be able to collect penalties, damages, and attorneys’ fees from the collector (collecting from the collector is one of the greatest 180s in the legal game). In this post, however, we will detail how to stop the harassment, how to take back control, and how to put an end to the incessant demands of the debt collector utilizing these few steps: 1. Know Who You Are Dealing With. There are some very unscrupulous debt companies out there. Naturally, there are some very professional companies that know the law, use best practices, and treat debtors with… Read More
