Consumer Protection ActionIn Kansas, you need to file a consumer protection action (under the Kansas Consumer Protection Act) within three years from the date when the violation occurs. See K.S.A. § 60-512(2). There is no additional period provided to discover the claim or assess the damages before the limitations period begins to run. In Missouri, rather than a three-year statute of limitations, you actually have five-years to bring a lawsuit pursuant to Mo. Rev. Stat. 516.120.

Also different than in Kansas, in Missouri, the statute of limitations begins to run when (1) damage is sustained, and (2) the damage becomes capable of ascertainment.

In order for the statute of limitations to accrue, the claimant must have (1) knowledge of the wrong and at least nominal damage, or (2) knowledge of something that puts the claimant on notice to inquire further. Ball v. Friese Constr. Co., 348 S.W.3d 172 (Mo. App. 2001). In sum, “a cause of action accrues [under Missouri law] when the damage can be discovered, not when it is actually discovered.” Id.

Michael Foster
Kansas City Personal Injury Attorney