Anderson v. Bass Pro Outdoor World, LLC

355 F. Supp. 3d 830
CourtDistrict Court, E.D. Missouri
DecidedDecember 20, 2018
DocketCase No. 18-3077-CV-W-BP
StatusPublished
Cited by4 cases

This text of 355 F. Supp. 3d 830 (Anderson v. Bass Pro Outdoor World, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Bass Pro Outdoor World, LLC, 355 F. Supp. 3d 830 (E.D. Mo. 2018).

Opinion

BETH PHILLIPS, JUDGE

Plaintiffs' Second Amended Complaint alleges that Defendant advertised a sale *834price on a fishing rod and reel combination ("the rod/reel combo") despite knowing that it had insufficient quantities to satisfy the anticipated demand, and that Defendant did not advise that quantities were limited or offer rainchecks or substitutions. Plaintiffs, on behalf of themselves and either a nationwide class or a series of subclasses, assert statutory and common law claims. Defendant has filed a Motion to Dismiss. (Doc. 52.) Defendant's Motion is GRANTED.1

I. BACKGROUND

The Second Amended Complaint alleges the following facts, all of which are construed in the light most favorable to Plaintiff and deemed as true for purposes of this Order. Defendant markets and sells hunting, fishing, and outdoor gear on its website and at eighty-two retail stores across the United States and Canada. (Doc. 47, ¶¶ 8-9.) It conducts an annual event called the Spring Fishing Classic, ("the Classic"), during which it offers seminars and demonstrations and runs sales on merchandise. (Doc. 47, ¶¶ 14-15.) Defendant distributes marketing materials for the Classic via mail, broadcast media, and the internet. (Doc. 47, ¶ 19.)

For the 2018 Classic, one of the items Defendant advertised for sale was the rod/reel combo. (Doc. 47, ¶¶ 32-34.) The advertisement did not state that rainchecks would not be offered or that supplies were limited, and Plaintiffs allege that Defendant knew that it had an insufficient number of rod/reel combos to satisfy expected demand. (E.g. , Doc. 47, ¶¶ 45-46, 48-49, 51-53, 55-59.) Defendant also refused to allow customers to buy the rod and reel separately at the sale price or permit any substitutions. (Doc. 47, ¶¶ 80-81.)

Plaintiffs went to Defendant's retail establishments to purchase the rod/reel combo but could not do so because Defendant had none in stock. They made other purchases at Defendant's stores, although they do not allege what product(s) they purchased. (See Doc. 47, ¶ 82.) They bring this suit on behalf of themselves and a class of other consumers who (1) received the advertisement for the rod/reel combo, (2) were unable to purchase the rod/reel combo, and (3) purchased something else from Defendant. The Second Amended Complaint asserts the following claims:

Count I Violation of the Missouri Merchandising Practices Act2
Count II Violation of the Arizona Consumer Fraud Act3
Count III Unjust Enrichment
Count IV Violation of consumer protection statutes in other states
Count V Fraud

Defendant contends that Plaintiffs' individual claims (Counts I, II, III and V) must be dismissed for failure to state a claim, and that Count IV should be dismissed for lack of standing. Plaintiffs argue that their individual claims are legally viable so none of the five counts should be dismissed. The Court resolves the parties' arguments below.

II. DISCUSSION

When considering a motion to dismiss for failure to state a claim under Rule *83512(b)(6), the Court "must accept as true all of the complaint's factual allegations and view them in the light most favorable to the Plaintiff[ ]." Stodghill v. Wellston School Dist. , 512 F.3d 472, 476 (8th Cir. 2008).

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief.

Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quotations and citations omitted). A claim is facially plausible if it allows the reasonable inference that the defendant is liable for the conduct alleged. E.g., Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ; Horras v. American Capital Strategies, Ltd. , 729 F.3d 798, 801 (8th Cir. 2013). However, "the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Iqbal , 556 U.S. at 678, 129 S.Ct. 1937.

A. Count I - The Missouri Merchandising Practices Act

The Missouri Merchandising Practices Act, ("the MMPA"), prohibits "[t]he act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce ...." Mo. Rev. Stat. § 407.020.1. The Missouri Attorney General has enforcement and rulemaking authority under the MMPA, e.g. , Mo. Rev. Stat. §§ 407.040

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Bluebook (online)
355 F. Supp. 3d 830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-bass-pro-outdoor-world-llc-moed-2018.