Legal Opinion

STATE EX REL. KOSTER v. Professional Debt Management, LLC

Missouri Court of Appeals

Decided April 5, 2011No. ED 95270PublishedCited by 5 opinions

1Opinion of the Court

KURT S. ODENWALD, Judge.

Introduction

The State of Missouri, through the attorney general (State), appeals from the circuit court’s dismissal of its action alleging violations of Missouri’s Merchandising Practices Act (MPA) by Professional Debt Management, LLC, (PDM). The circuit court granted PDM’s motion to dismiss on the grounds that the MPA does not apply to the collection of debts. Because the alleged acts of deception and unfair practices were not committed in connection with the sale or advertising of merchandise as required by the plain and ordinary language of the MPA, we affirm the…

2Cases cited13 opinions

  1. Lynch v. LynchSupreme Court of Missouri · 2008
  2. Marvin Fielder, Individually and on Behalf of a Class of Similarly Situated Individuals, - Appellees/ Cross v. Credit Acceptance Corporation, - Appellant/ CrossCourt of Appeals for the Eighth Circuit · 1999
  3. State Ex Rel. Danforth v. Independence Dodge, Inc.Missouri Court of Appeals · 1973
  4. Asaro v. Cardinal Glennon Memorial HospitalSupreme Court of Missouri · 1990
  5. Gibbons v. J. Nuckolls, Inc.Supreme Court of Missouri · 2007

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Davis R. Conway and Sheri D. Conway v. CitiMortgage, Inc. and Federal National Mortgage Association, Inc.Supreme Court of Missouri · 2014
  2. Ward v. West County Motor Co.Supreme Court of Missouri · 2013
  3. Coby v. Fresenius Medical Care Holdings, Inc.District Court, D. Massachusetts · 2015
  4. Shelton v. Wells Fargo Bank, N.A. (In re Shelton)United States Bankruptcy Court, W.D. Missouri · 2012
  5. Keith Jackson v. Dennis J. Barton, IIIMissouri Court of Appeals · 2016

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