Legal Question in Business Law in Missouri

My wife got caught up in a free trial/ hidden charges makeup scam. If you read the fine print, they can charge $69 if you don't return the trial makeup properly, i.e. return authorization nuber not obtained. My wife sent the trial back, but didn't get a return number, the company charged us $130

I know it is a stretch, but since it was sent through the postal service, could this be considered mail fraud?

Could I file a civil lawsuit myself? It wouldn't be worth a lawyers time to look at this case, but if I could file it myself, they would have to spend money to defend it.


Asked on 11/04/09, 6:36 am

1 Answer from Attorneys
Anthony Smith LawSmith

Your wife could file a small claims action against the company, or the owner, if it is not incorporated. She would have to affect service of process in order to get a judgment. She could also bring an action in associate court. If she obtains judgment there, it could act alien on real property that the defendant has an interest in. In either case, she could allege common law fraud or perhaps a violation of consumer protection statutes and regulations.

Good luck

Read more
Answered on 11/09/09, 12:33 pm


Related Questions & Answers

More Business Law questions and answers in Missouri