Missouri Deceptive Trade Practices Statute Protects Nonresidents From Missouri Misconduct

Various states have grappled with the question of whether their deceptive trade practices statutes can be applied to nonresidents, such as through certification of a nationwide class. The intermediate appellate court of Missouri recently held that the state’s Merchandising Practices Act expressly anticipated protection of victims of deceptive trade practices, regardless of residence, if the trade or commerce occurred in or from the state of Missouri. State ex rel. Nixon v. Estes, 108 S.W.3d 795 (Mo. Ct. App. (W. Dist.), June 30, 2003). The court distinguished cases considering the broader question of whether a state constitutionally could “project its legislation into other states” because (1) Missouri’s statutory language was unique, and (2) under the facts of this case there was no doubt that the defendant victimized consumers through a business originating trade or commerce from Missouri.