Missouri Court of Appeals Reverses Dismissal in Landmark Do Not Call Text Message Case: Corporations Cannot Appear Pro Se
On June 16, 2026, the Missouri Court of Appeals, Eastern District, issued a significant victory for consumers fighting illegal telemarketing texts. In Christopher Prosser v. Daniel Kellas d/b/a Over There Land Company, LLC (ED113891), the appellate court vacated a Jefferson County Circuit Court judgment that had dismissed Prosser’s three-count petition with prejudice. The case centered on three unsolicited text messages sent to a residential telephone number registered on the Missouri Do Not Call List.
Prosser alleged violations of Missouri’s Do Not Call statutes in Counts I and II, along with a vicarious liability claim in Count III. The circuit court, Judge Edward Louis Page presiding, initially dismissed the first two counts with prejudice and later entered a final judgment dismissing all three counts. Prosser appealed, raising four points of error.
The Court of Appeals found Point One dispositive and reversed. Daniel Kellas, who is not a licensed Missouri attorney, filed a motion to dismiss on behalf of both himself and Over There Land Company, LLC. Under long-standing Missouri law, a corporation may appear in court only through a licensed attorney admitted to practice in the state. A natural person may proceed pro se, but a limited liability company is a separate legal entity and cannot be represented by a non-attorney member or owner.
The appellate court held that Kellas’s joint filing constituted the unauthorized practice of law under Sections 484.010 and 484.020, RSMo. Actions taken through unauthorized practice of law are a legal nullity and must not be given effect. Because the motion to dismiss was filed on behalf of the corporation (as well as Kellas individually), the entire pleading was invalid. The circuit court’s reliance on that motion to dismiss the petition with prejudice was therefore plain error that affected substantial rights and undermined the integrity of the judicial process.
The Court of Appeals exercised its discretion to review the issue under plain-error standards, vacated the judgment, and remanded the case to the Jefferson County Circuit Court for further proceedings. Points Two through Four—concerning the timing of rulings on pending motions to strike and for sanctions, the foundation for exhibits, and the sufficiency of the pleadings under Missouri’s No Call statutes—were dismissed as moot.
This decision reinforces a core principle of Missouri procedure: corporations and LLCs must be represented by licensed counsel. It also keeps alive important consumer claims under the Missouri Do Not Call List for unsolicited text messages. Consumers registered on the state Do Not Call List who receive illegal telemarketing texts now have additional appellate authority confirming that procedural missteps by unlicensed representatives will not short-circuit their day in court.
The ruling serves as a clear reminder to both consumers and businesses: strict compliance with representation rules matters, and Missouri courts will not overlook the unauthorized practice of law simply because a case involves telemarketing or consumer protection statutes.