Missouri Court of Appeals, Eastern District / Jun 16, 2020
Tommy Heinz, Appellant, vs. Driven Auto Sales, LLC, d/b/a Driven Auto Sales, Defendant, First Community Credit Union, Respondent.
Tommy Heinz sued Driven Auto Sales and its assignee, First Community Credit Union, under the Missouri Merchandising Practices Act (MMPA) after Driven Auto failed to provide title for a vehicle. The trial court granted First Community's motion to dismiss, finding it exempt from MMPA liability. The appellate court reversed, holding that First Community, as an assignee, "stands in the shoes" of Driven Auto and is subject to the same MMPA liability under both Missouri's Uniform Commercial Code and the FTC holder rule. The court declined to address First Community's claimed exemption.