Where a plaintiff in a class action claimed that a retail store violated the Missouri Merchandising Practices Act by automatically including a damage waiver fee in its tool rental agreements, the damage waiver was clearly optional and provided a benefit to the plaintiff, so there was no showing of an unfair practice under the act, and the defendant was entitled to judgment as a matter of law.
Judgment is affirmed.
Chochorowski v. Home Depot, USA (MLW No. 65331/Case No. SC92594 – 20 pages) (Supreme Court of Missouri, Breckenridge, J.; Russell, C.J., Fischer, Stith and Teitelman, JJ., concur. Draper and Wilson, JJ., not participating) Appealed from circuit court, St. Louis County, McShane, J. (Phillip A. Bock and James M. Smith, Chicago, and Mark L. Brown, St. Louis, for appellant) (S. Stewart Haskins, Atlanta, John C. Holstein and Lauren E. Tucker McCubbin, Kansas City, Missouri, and Russell K. Scott, Belleville, Illinois, for respondent).