Legal Question in Consumer Law in Missouri

child care discount

Teachers (the employees) were given a special dicount rate for our own children to use before/after school child care. This started 2004-05 school year. However, not all of the teachers were notified of this special discount. (we were to be notified by our school principals). I would like to be reimbused since I paid full price and was never notified of this special ''teacher'' rate. Apparently it was not announced at our school. Therefore, the teachers who taught in buliding where the ''discount'' was announced received the discount. The teachers who worked in the buildings where it was not announced did not receive the ''spcial teacher rate.'' I would like to know what laws or what rights I have as a consumer to receive this reimbursment since the service (full child care) has already been provided. The disctrict has basically said that if I push it they will just ''get rid of the teacher rate for all teacher and not have a teacher rate. They say that they cannot provide a reimbursement.


Asked on 9/27/05, 9:09 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: child care discount

This is one of those things where you could win and lose in the same stroke. You probably ought to try to get the discount going forward. While it might be nice to get that discount retroactively, the school system is probably under no legal obligation since there's no fraud involved and since the "voluntary payment doctrine" would be the most likely (and credible) defense the district could employ.

If I were you, I would accept the discount going forward. The state's consumer laws only apply to consumer situations where someone uses a deceptive practice (one that has a capacity to mislead). Here they just didn't announce something they should have. It probably does not fall within Chapter 407.

I'm sorry; I wish the answer was better.

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Answered on 9/27/05, 9:49 am


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