2022 Saw New Verdict Directing Instructions for Violations of the Missouri Merchandising Practices Act in Light of the 2020 Amendments to the Act

With the 2020 changes to the Missouri Merchandising Practices Act came 2022 changes to the verdict directing instructions to be used to submit such claims to the jury.

39.01 [2022 New] Verdict Directing – Violation of Missouri Merchandising Practices Act where S.B. 591 (Laws 2020) does not apply.

Your verdict must be for plaintiff if you believe:

First, in connection with the [purchase] [sale] of (here identify merchandise afforded protection under the statute), defendant (here insert the alleged method, act or practice declared unlawful by § 407.020, RSMo, such as “misrepresented the (merchandise previously identified)” or “concealed a material fact”), and

Second, plaintiff [purchased] [leased] the (insert merchandise previously identified) primarily for [personal] [family] [household] purposes, and

Third, as a direct result of defendant’s conduct, plaintiff sustained damage.

39.02 [2022 New] Verdict Directing – Violation of Missouri Merchandising Practices Act where S.B. 591 (Laws 2020) applies.

Your verdict must be for plaintiff if you believe:

First, in connection with the [purchase] [sale] of (here identify merchandise afforded protection under the statute), defendant (here insert the alleged method, act or practice declared unlawful by 407.020, RSMo, such as “misrepresented the (merchandise previously identified)” or “concealed a material fact”), and

Second, such conduct caused plaintiff, in the exercise of ordinary care, to [purchase] [lease] (here identify merchandise afforded protection under the statute), and

Third, such [purchase] [lease] was primarily for [personal] [family] [household] purposes, and

Fourth, as a direct result of defendant’s conduct, plaintiff sustained damage.