Author Topic: New bill could end virtually all consumer lawsuits  (Read 427 times)

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Offline EC

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New bill could end virtually all consumer lawsuits
« on: February 20, 2017, 09:58:50 pm »
It's being called a way to end frivolous lawsuits.

But a controversial bill moving through Missouri's state house has many worried they can't protect themselves against bad business.

Mark Adolphsen of Maplewood spent $18,000 to build a deck in his backyard. But he says what he got was a shoddy, unsafe structure that he didn't feel safe on.

"I was very unhappy. It was very poor. The banisters were loose. If one of my grandkids would fall through that, I'd be very angry," said Adolphsen.

Feeling ripped off by the builder, Adolphsen turned to Missouri's Merchandising Practices Act to sue the builder.

"It allows that if a consumer is taken advantage of, if what's called an unfair and deceptive act is done to the consumer; they have a remedy to go after them in the law," said Creighton Cohn, a consumer protection attorney.

Cohn represented Adolphsen in a case against the builder.

"Without that law, I'd really be up the creek. It's a good thing to have a law like that, to protect little guys like me," said Adolphsen.

But the law that allowed Adolphsen to go after his contractor - and win - may soon be unrecognizable. A senate bill in the state house would put an end to virtually all consumer lawsuits against any agency or business that is already regulated by the government.

"Essentially the word we use is it would gut the entire merchandising practicing act. It would take away the ability to sue virtually any entity in Missouri," said Cohn.

That includes auto dealerships, spas, even credit unions. Virtually any business. But bill sponsor senate leader Ron Richard says it's a much-needed measure to protect businesses from frivolous law suits,

"You know we've had a number of issues in Missouri where class actions. For example, attorney sue over the number of skittles in a bag," said Sen. Richard of Joplin.

But not everyone agrees limiting consumer protection will be good for the 'little guy'

"It would be a shame if it was taken away from the little guy. That's the only recourse a man has," said Adolphsen.

Senate Bill 5 would rely on Missouri's attorney general to go after businesses that use deceptive or dishonest business practices.

Read more: http://www.ksdk.com/news/local/new-bill-could-end-virtually-all-consumer-lawsuits-/409758858
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