Mo. Appeals Court Nixes Home Depot Rental Fee Suit

Law360, New York (April 10, 2012, 3:52 PM ET) -- A Home Depot USA Inc. contract provision letting customers pay extra up front to avoid liability for possible damage to rental tools doesn't violate Missouri consumer protection law, a state appeals court said Tuesday, upholding a trial judge's ruling in a putative class action.

Named plaintiff Janet Chochorowski sued Home Depot in 2008, saying the company violated the Missouri Merchandising Practices Act by deceiving her into thinking an optional 10 percent damage waiver fee tacked on when she rented a garden tiller was mandatory. She argued...
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