Appellate Court Backs Consumers on Stating Claim
The Missouri Court of Appeals for the Eastern District reversed a decision of the trial court that had dismissed the case. The case may now move forward.
Our client filed a petition seeking damages, punitive damages, costs and class certification under Missouri's Merchandising Practices Act. The lawsuit alleged that Home Depot's "damage waiver" was a mandatory up-charge of 10% to the cost of a power tiller rental. The lawsuit also alleged that the "damage waiver" itself was worthless.
Our client alleged that Home Depot engaged in deceptive acts and practices by leading customers to believe that the "damage waiver" was required and by not telling customers that it would remove the charge upon request at check-out. Our client also alleged that the "damage waiver" was worthless, because it did not contain any customer protection for damaged tools and equipment upon check-in.
Home Depot wanted the lawsuit dismissed for failing to state a claim. The trial court granted Home Depot's motion.
The Appellate Court decided otherwise, and it sent the case back to the trial court for further proceedings.
LakinChapman regularly represents consumers in class action litigation. Those seeking more information may contact the firm at classaction@lakinchapman.com.
