Huch v. Charter Communications Inc.: Consumer Prey, Corporate Predators and a Call for the Death of the Voluntary Payment Doctrine Defense

Oliver T. Beatty, Saint Louis University - Main Campus

Abstract

This article addresses the collision between consumer fraud statutes, which developed in the last forty years, and the voluntary payment doctrine, which dates back to the 1600’s. The voluntary payment doctrine (“VPD”) provides, in its most common form, that “absent fraud or duress, a person who pays with full knowledge of all the facts cannot recover the money back again.” This doctrine holds true even if the money is not legally owed, and in some cases, even if the payment is made under protest. Conversely, consumer fraud statutes typically allow consumers to recover damages in a broad range of contexts, so long as the defendant acted unfairly or deceptively. The article considers the history and origin of the VPD, the purpose of consumer fraud acts, and then focuses on whether or not the VPD is compatible with consumer protection. The discussion is advanced by focusing on Huch v. Charter Communications, 290 S.W.3d 721 (Mo. 2009). In Huch, the Missouri Supreme Court held that the VPD was incompatible with the purpose of consumer fraud statutes. This article argues for the adoption of the Huch rationale throughout the country, asserting that the eradication of the VPD in the consumer context is necessary to ensure consumer protections and to produce a stable marketplace.