Missouri Revised Statutes

Chapter 407
Merchandising Practices

(View Entire Chapter)

August 28, 2013
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Sections:
407.010. Definitions.
407.020. Unlawful practices, penalty--exceptions.
407.023. Representation of a business at wholesale trade shows or
markets--proof of agency required.
407.025. Civil action to recover damages--class actions authorized,
when--procedure.
407.030. Voluntary compliance, assurance made, effect of--violation, penalty.
407.040. Investigations by attorney general--investigative demand, contents of,
how served.
407.045. Self-incrimination--person claiming right not subject to criminal
prosecution or penalty--procedure.
407.050. Evidence, when and where produced.
407.060. Disclosure of information, material or evidence, limitation on--trade
secrets require court order, when.
407.070. Petition to extend return date, when and where filed.
407.080. Interference with or avoidance of a civil investigative demand
prohibited, penalty--attorney general to enforce.
407.090. Attorney general may request court order to produce evidentiary
material--request filed where.
407.095. Order by attorney general prohibiting unlawful
acts--procedure--expiration of order--penalty for violation.
407.100. Injunction--temporary restraining orders--receivers--restitution,
when--civil penalty--venue--restitution funds payable to injured
parties but interest payable to general revenue.
407.105. Receiver, powers and duties of.
407.110. Violation of injunction or restitution order, civil penalty.
407.120. Provisions of this chapter no bar to other civil actions.
407.125. Chapter not limitation for commissioner of securities.
407.130. Assessment of court costs.
407.140. Merchandising practices revolving fund
established--funding--administration purposes.
407.145. Rulemaking, authority, limitation.
407.200. Unsolicited merchandise, how disposed of.
407.292. Precious metals, sale of--definitions--record of transactions,
requirements--purchase from minor, requirements--weighing device,
use of--applicability to pawnbrokers.
407.295. Motor vehicle repairs, aftermarket crash part,
defined--requirements--disclosure to owner--penalties.
407.300. Copper wire or cable, catalytic converters, collectors and dealers to
keep register, information required--penalty--exempt
transactions.
407.300. Copper wire or cable, catalytic converters, collectors and dealers to
keep register, information required--penalty--exempt
transactions.
407.301. Metal beer keg, prohibition on purchase or possession by scrap metal
dealer--violation, penalty.
407.302. Metal belonging to various entities--scrap yard not to
purchase--violation, penalty.
407.303. Scrap metal dealers--payments in excess of $500 to be made by
check--exceptions--violations, penalty.
407.305. Bronze statuary, receptacles or memorials, record of purchase required
of collectors and dealers--penalty.
407.307. Dealerships for farm implements, industrial maintenance, construction
power equipment and outdoor power equipment--changes in ownership,
rights of the dealer.
407.309. Advertising restrictions--definitions--attorney general to enforce,
when--civil penalty authorized.
407.325. Definitions.
407.327. Health spas, registration with attorney general, form, fee--fees
deposited in health spa regulatory fund, created--attorney general,
enforcement, no bar to civil claims.
407.329. Prepayment of contracts, treatment of funds, notice to attorney
general, exceptions.
407.330. Contracts, in writing, required provisions--buyer's right to cancel.
407.332. Transfer or relocation of health spa, buyer's duties, rights,
when--refund of moneys, amount, when--attorney general to
represent buyers, when.
407.334. Contracts, signed by buyer--duration limit--voidable, when--waiver
void, when.
407.335. Holder of contract or note subject to claims and defenses, notice.
407.337. Assignment of contract, buyer's rights.
407.339. Bond, filed with attorney general, amount, exceptions--separate
locations, bond required for each--claims against, cancellation of,
when.
407.340. Bond, issued in favor of state of Missouri, payable to whom--aggregate
liability--no cancellation without attorney general's consent.
407.350. Definitions.
407.353. Blind bidding of motion pictures prohibited, when--distributors
required to give notice of trade screening.
407.355. General invitation to bid, contents--bidding procedure--exhibitor must
have attended trade screening to bid.
407.357. Blind bidding permitted, when--invitation to bid, contents--license
agreement voidable, damages.
407.400. Definitions.
407.405. Pyramid sales schemes prohibited--cancellation of franchise without
notice prohibited, exceptions.
407.410. Double damages, when--limitation on actions--cancellation of
franchise without notice grounds for award of damages.
407.413. Wholesale liquor franchises, discrimination prohibited, when--supplier
not to alter franchise without cause--good faith defined--damages
to franchise holder, when--provisions applicable
when--substantially amended defined.
407.415. Attorney general may obtain injunction, when--bond not required.
407.420. Penalty--duty to enforce--jurisdiction of attorney general.
407.430. Citation of law.
407.432. Definitions.
407.433. Protection of credit card and debit card account numbers, prohibited
actions, penalty, exceptions--effective date, applicability.
407.434. Counterfeit credit cards, unlawful practices--defrauding
issuer--authorization of acquirer.
407.436. Penalties.
407.450. Short title.
407.453. Definitions.
407.456. Registration and reports, who shall file, exceptions.
407.459. Register of documents, maintained by attorney general--public
inspection, exception.
407.462. Registration and reports, required of soliciting organization,
fee--form--exceptions.
407.466. Registration by fund-raisers--form--oath--fees.
407.469. Disclosure of fund-raising costs and use of professional fund-raiser.
407.472. Investigations by attorney general--investigative demand, how
served--injunction, procedure.
407.478. Provisions of charitable organizations and solicitations law no bar to
other civil actions.
407.485. Unwanted household items, collection of deemed unfair business
practice, when--receptacles, requirements.
407.489. No ordinance shall prohibit a nonprofit organization or veterans
organization from reselling donated goods in an area with other
retailers, limitation.
407.500. (Repealed L. 2011 H.B. 294, et al., A)
407.505. (Repealed L. 2011 H.B. 294, et al., A)
407.511. Definitions.
407.516. Odometer fraud, first degree, penalty.
407.521. Odometer fraud, second degree, penalty.
407.526. Odometer fraud, third degree, penalty.
407.531. Repair or replacement--notice of alteration, how shown, removal
prohibited, penalty.
407.536. Odometer mileage to be shown on title, when--incorrect mileage on
odometer, procedure--duties of director of revenue--liens on motor
vehicle, release of, statement not required--penalties.
407.542. Attempt to commit odometer fraud in first or second degree, penalties.
407.543. Conspiracy to commit odometer fraud in first or second degree,
penalty.
407.544. Prior convictions for odometer frauds, court may increase sentence,
penalties.
407.546. Civil damages for odometer violations--venue.
407.551. Injunction--action may include suspension or revocation of license.
407.553. Attorney general or prosecutor to handle actions for violations,
exception.
407.556. Dealer or manufacturer in violation subject to revocation or
suspension of licenses--laws not applicable to certain motor vehicles.
407.558. Private civil action against prohibited except if a commercial
relationship existed--definition of commercial relationship.
407.560. Definitions.
407.563. Law applicable to breach of new motor vehicles warranties.
407.565. Report of nonconformity required, when--repairs, duty of manufacturer
or agent, when.
407.567. Replacement of motor vehicle or refund of purchase price,
when--allowance deducted for consumer's use--reimbursement, when,
application for.
407.569. Affirmative defenses.
407.571. Presumptions of nonconformity--exception.
407.573. Warranty extension, when--complaint remedies information to be
furnished--notice to manufacturer required--manufacturer's duties,
time limitation.
407.575. Manufacturer with approved settlement procedure, consumer's duty.
407.577. Court action by consumer, costs, expenses, attorney's fees, how paid.
407.579. Consumer's right to other remedies--law to apply, when.
407.581. Purchase or trade of motor vehicles with certificates of title,
requirements--resale of such vehicles, requirements--dealer
liability, when--seller misrepresentation, liability.
407.583. Warranty repairs, labor cost compensation to dealer.
407.585. Definitions.
407.586. Law applicable to breach of new farm machinery warranties--report of
nonconformity required, when--repairs, duty of manufacturer or agent,
when.
407.588. Replacement of farm machinery or refund of purchase price,
when--allowance deducted for consumer's use--refund made to whom.
407.589. Affirmative defenses.
407.590. Information on remedies to be furnished consumer--notice of complaint
to manufacturer required--manufacturer's duties, time limitation--farm
machinery furnished to consumer, when--costs to dealer to be
reimbursed, actions brought when.
407.592. Law applicable to machinery sold after January 1, 1988, not to affect
prior contracts--dealers reimbursed for labor, rate.
407.600. Definitions.
407.610. Promotion program, notice to attorney general, requirements--unlawful
practices--failure to comply, penalty.
407.620. Cancellation of purchase--printed notice of right to cancel to be
given purchaser--form requirements.
407.625. Exchange program--information required to be furnished
purchaser--exchange companies to file certain information
annually--failure to comply, penalty.
407.630. Violation of regulations--penalty.
407.635. Definitions.
407.637. Credit service organization--exemptions.
407.638. Prohibited activities.
407.639. Copy of bond to be filed with director of finance--purpose of
bond--amount of bond--statement by director of finance.
407.640. Registration statements, filing, contents.
407.641. Contract, writing, contents.
407.642. Contract requirements, cancellation clause.
407.643. Waiver of buyer's rights void.
407.644. Actions--damages--penalties.
407.660. Citation of law.
407.661. Definitions.
407.662. Rental-purchase agreements, in writing--prohibited
provisions--required provisions.
407.663. Advertisements, requirements.
407.664. Reinstatement of agreement, when, conditions.
407.665. Violations, penalties--correction of violation--penalty not a bar to
civil action.
407.670. Citation of law.
407.671. Definitions.
407.672. Cancellation of membership.
407.673. Contract, requirements, right to cancel.
407.674. Delivery date of goods, exception--savings claims,
requirements--contracts not in compliance, unenforceable.
407.675. Duration of contract, renewal, terms and limitations.
407.676. Law not applicable, when.
407.677. Unlawful practices.
407.678. Waivers, unenforceable.
407.679. Violations, penalty--penalty not a bar to civil action.
407.700. Home solicitation sale defined.
407.705. Cancellation, notice of, how given--cancellation prohibited,
when--business day defined.
407.710. Agreement of sale, required statement, exception.
407.715. Duties of seller after cancellation.
407.720. Duties of seller after cancellation--lien of buyer, when.
407.725. Work and services for insured persons, contractors not to induce
sales--cancellation of contracts, requirements, contractor
duties--violations, penalty.
407.730. Definitions.
407.732. Advertising, restrictions, requirements--prices advertised, quantity
to be sufficient--surcharge fees--other terms, clearly disclosed.
407.735. Business practices, nondeceptive--collision damage waiver, terms,
conditions, notice required--damages, estimates, how made--remedies.
407.738. Actions, unlawful subleasing, who may bring--definitions.
407.740. Penalty, unlawful subleasing--prosecuting attorney, attorney general,
duty to commence action, when.
407.742. Unlawful subleasing, elements of crime.
407.745. Assignment or transfer of motor vehicle, not unlawful subleasing,
when.
407.748. Violations are unlawful merchandising practices--remedies not
exclusive.
407.750. (Repealed L. 2002 H.B. 1348 A merged with H.B. 2008 A)
407.751. (Repealed L. 2002 H.B. 1348 A merged with H.B. 2008 A)
407.752. (Repealed L. 2002 H.B. 1348 A merged with H.B. 2008 A)
407.753. Manufacturer, wholesaler or distributor not to terminate contract
except for good cause--good cause, how established.
407.754. How to apply to successors in interest--successor in interest
defined.
407.755. Action for damages and costs by retailer for violations--remedy
not exclusive.
407.756. Law, applicability to existing and future contracts.
407.800. Going-out-of-business sales, requirements, limitations,
extension--exceptions.
407.810. Citation of law.
407.811. Public policy statement.
407.812. Compliance with act required--applicability of act.
407.815. Definitions.
407.816. Motor driven vehicle, defined for section 407.815--exemption for
recreational vehicle dealers or manufacturers.
407.817. Establishment or transfer of an existing franchise, procedures for
franchisor.
407.818. License required.
407.819. Successor manufacturer, restrictions on line-make franchise
offers--fair market value calculation.
407.820. Franchisor subject to jurisdiction of Missouri courts and
administrative agencies, when--service of process.
407.822. Complaint with administrative hearing commission, filing, when--time
and place of hearing--notice to parties--final order,
when--petition for review of final order--franchisee's right to
file complaint, when--notice to franchisee, when,
exceptions--statement required in franchisor's
notice--consolidation of applications--burden of
proof--mediation, when.
407.825. Unlawful practices.
407.826. New motor vehicle dealership, restrictions on operation of or
ownership by a franchisor.
407.827. Duty of franchisor and franchisee, distribution of dealerships in
St. Louis located to serve minorities.
407.828. Franchisor's duties to franchisee--schedule of compensation--claims
payment--retail rate calculation--audit authority.
407.829. Missouri motor vehicle commission's duty to ensure minority-owned
businesses in St. Louis.
407.830. Franchisor's defenses against action by franchisee.
407.831. Indemnification and hold harmless requirements.
407.832. False advertising, prohibition.
407.833. Modification of franchise prohibited, when--complaint procedure with
administrative hearing commission, written decision required.
407.835. Franchisee's right to action for damages, injunction, when--recovery
of damages--dispute restrictions.
407.838. Definitions.
407.840. Dealership agreement, termination--cancellation--failure to renew to
be based on good cause--good cause defined.
407.842. Notice to dealer of cancellation, content--dealer has sixty days to
rectify--exceptions.
407.844. Farm equipment manufacturers, certain acts prohibited.
407.846. Law applicable to dealer's agreements, when.
407.848. Damages in civil action or injunction for dealer against manufacturer,
when.
407.850. Definitions.
407.855. Repurchase of farm machinery inventory on termination of
dealership--repurchase amount credited to debt of
retailers--interest to be paid on credit, when, rate.
407.857. Reimbursement for warranty work performed by certain retail sellers
of power equipment.
407.860. Inventory qualifying for repurchase--percentage to be paid--cost of
transportation to warehouse to be paid by retailer--packing and
loading, how paid--transferee of manufacturer or distributors, law to
apply, when.
407.865. Repurchase not to affect security interest in inventory and to be
subject to bulk sales law.
407.870. Inventory which does not qualify for repurchase.
407.875. Liability for failure to repurchase inventory.
407.880. Death of retailer or majority stockholder--option of surviving spouse
or heir for repurchase of inventory, time limitation, exception.
407.885. Application to existing contracts and future contracts.
407.890. (Repealed L. 2002 H.B. 1348 A merged with H.B. 2008 A)
407.892. (Repealed L. 2002 H.B. 1348 A merged with H.B. 2008 A)
407.893. (Repealed L. 2002 H.B. 1348 A merged with H.B. 2008 A)
407.895. Manufacturer, wholesaler or distributor not to terminate contract
except for good cause--good cause established, how.
407.897. Law to apply to successors in interest--not applicable,
when--application to existing contracts and future contracts.
407.898. Civil action for unlawful termination of contract, authorized--costs
and attorney fees recoverable.
407.900. Definitions.
407.902. Art delivered to art dealer for sale or exhibition deemed consignment,
when, exception--written contract required, contents.
407.904. Consignment, effect.
407.905. Art dealer is agent of artist--work of art and sale proceeds held in
trust for artist, not subject to creditor of consignee.
407.907. Waiver of proceeds in trust by artist, requirements.
407.908. Contracts, prior to August 13, 1984, not affected, exceptions.
407.910. Violations--punitive damage and costs authorized.
407.911. Definitions.
407.912. Commission to become due, when--termination of employment, all
commissions due, when.
407.913. Failure to pay sales representative commission, liability in civil
action for actual damages--additional damages allowed--attorney fees
and costs.
407.914. Out-of-state principal with sales representative soliciting in this
state, Missouri courts to have jurisdiction.
407.915. Civil action for all claims against principal may be joined--express
or contract waivers of commission laws, invalid.
407.924. Division of liquor control to enforce underage tobacco sales--annual
report submitted.
407.925. Definitions.
407.926. No tobacco sales to minors--penalties.
407.927. Required sign stating violation of state law to sell tobacco to minors
under age 18--display of sign required on tobacco displays and vending
machines.
407.928. Restrictions on sales of individual packs of cigarettes.
407.929. Proof of age required, when--defense to action for violation is
reasonable reliance on proof--liability.
407.931. Unlawful to sell or distribute tobacco products to minors--vending
machine requirements--what persons are liable--owners exempt,
when--appeal to administrative hearing commission, when.
407.932. Political subdivisions may make more stringent rules.
407.933. Minors employed by division of liquor control may purchase cigarettes
for enforcement purposes--misrepresentation of age, penalty.
407.934. Sales tax license required to sell tobacco products--division of
liquor control to have inspection authority--limitations on use of
minors for enforcement purposes.
407.935. Definitions.
407.937. Right to cancel contract--notice of cancellation, effective when--form
of cancellation.
407.938. Contract, form of--notice required, contents--contract to be
accompanied by notice of cancellation, contents.
407.940. Foreclosure consultants, unlawful acts--penalty.
407.941. Waiver, void--penalty.
407.943. Action against foreclosure consultant authorized--exemplary damages
authorized--remedies not exclusive.
407.950. Definitions.
407.953. Warranty express or implied, one year required.
407.955. Nonconformity of assistive device to be repaired at no cost.
407.957. Nonconformity not repaired within reasonable time, options of
consumer.
407.959. Lease, early termination--reasonable allowance for use, how computed.
407.961. Consumer to receive comparable device or refund, procedure--lease
unenforceable against consumer after refund.
407.963. Resale or lease of returned device, full disclosure required.
407.965. Arbitration of disputes may be submitted, filing fee,
procedure--waivers of consumer's rights are void.
407.967. Action for damages, attorney's fees and costs may be brought by
consumer.
407.970. Rules, procedure to adopt--suspension or revocation of rules,
procedure.
407.980. Convenience business defined--businesses not included in
definition--preemption by state of all security regulations.
407.985. Equipment required for security of convenience business--limitation
on cash after 11:00 p.m. until 5:00 a.m.--prohibited window signs
and treatment--operator defined.
407.987. Training to be provided for employees in robbery deterrence and
safety--time limitation to provide.
407.990. Penalty.
407.1000. (Repealed L. 2001 H.B. 788 A)
407.1005. (Repealed L. 2001 H.B. 788 A)
407.1010. (Repealed L. 2001 H.B. 788 A)
407.1015. (Repealed L. 2001 H.B. 788 A)
407.1020. (Repealed L. 2001 H.B. 788 A)
407.1025. Definitions.
407.1028. Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV)
businesses.
407.1031. Procedure, before administrative hearing commission, application,
notice, hearing, order, review.
407.1034. Unlawful merchandising practices by motorcycle or all-terrain vehicle
(ATV) franchisor.
407.1035. Relevant market area for motorcycle and all-terrain vehicle
franchises, definitions.
407.1037. Location of dealerships in City of St. Louis.
407.1040. License approval in metropolitan areas, minorities.
407.1043. Defenses.
407.1046. False advertising prohibited.
407.1047. Compensation agreements between franchisors and franchisees
engaged in sale of motorcycles and ATVs.
407.1049. Civil action, remedies.
407.1060. Definitions.
407.1062. Structured settlement payment transfers, requirements.
407.1064. Approval by court, notice.
407.1066. Right to rescind--limitation of liability--limitation of jurisdiction.
407.1068. Application of law.
407.1070. Definitions.
407.1073. Telemarketers, required disclosures--misrepresentations prohibited.
407.1076. Unlawful telemarketing acts or practices.
407.1079. Telemarketers required to keep certain records.
407.1082. Penalties--criminal penalties--civil damages.
407.1085. Exemptions--attorney general to receive complaints.
407.1090. Required disclosures for entities soliciting contributions.
407.1095. Definitions.
407.1098. Telephone solicitation of member on no-call list prohibited.
407.1101. Attorney general to create no-call list database--rules--inclusion of
national database--database not a public record--no cost to
subscribers.
407.1104. Caller identification service, telephone solicitor not to interfere
with subscriber's use of service.
407.1107. Penalties, attorney general to enforce--civil, criminal, injunctive
relief--private actions--defenses--statute of limitations.
407.1110. Advisory group for consumer protection from telemarketers--publication
of information on consumer rights.
407.1120. Definitions.
407.1123. Unsolicited electronic mail without either return email address or
toll-free number prohibited
407.1126. Penalties.
407.1129. Damages.
407.1132. Interactive computer service may block certain electronic mail
without liability--federal law to control if enacted.
407.1135. Definitions.
407.1138. Prohibited acts--rulemaking authority, attorney general.
407.1141. Attorney general to initiate proceedings for
violation--penalties--defenses--action barred, when.
407.1200. (Repealed L. 2007 H.B. 221 A)
407.1203. (Repealed L. 2007 H.B. 221 A)
407.1206. (Repealed L. 2007 H.B. 221 A)
407.1209. (Repealed L. 2007 H.B. 221 A)
407.1212. (Repealed L. 2007 H.B. 221 A)
407.1215. (Repealed L. 2007 H.B. 221 A)
407.1218. (Repealed L. 2007 H.B. 221 A)
407.1221. (Repealed L. 2007 H.B. 221 A)
407.1224. (Repealed L. 2007 H.B. 221 A)
407.1225. (Repealed L. 2007 H.B. 221 A)
407.1227. (Repealed L. 2007 H.B. 221 A)
407.1240. Definitions.
407.1243. Registration statement required, content--approval by attorney
general, procedure--grandfather clause.
407.1246. Renewal of registration, procedure, fee.
407.1249. Right to rescind and cancel, time period allowed.
407.1252. Complaint procedure--violations, remedy.
407.1320. Definitions.
407.1323. Recreational vehicle manufacturers and dealers, written agreement
required, when--sales of RVs, conditions.
407.1326. Termination notice, requirements, contents.
407.1329. Repurchase upon termination of agreement.
407.1332. Change in ownership, notice--rejection of change, notice.
407.1335. Succession in dealerships, conditions, restrictions and prohibitions.
407.1338. Warranty service, warrantor to provide written
obligations--compensation of dealer for warranty service,
submission of warranty claims, procedure.
407.1340. Violation of dealer agreement.
407.1343. Damage to new RVs, written disclosure to dealer required,
when--reversion of ownership to manufacturer or distributor,
when.
407.1346. New RV dealership, restrictions on operation or ownership by a
manufacturer.
407.1355. Social Security numbers, prohibited actions involving.
407.1360. Definitions.
407.1362. Dealership agreements, good cause needed to terminate or cancel.
407.1364. Notice of termination or cancellation, contents.
407.1366. Change in ownership, notice required.
407.1368. Repurchase required, when.
407.1370. Applicability.
407.1380. Definitions.
407.1382. Security freeze may be requested, when--fee--agency duties--furnishing
a credit report after freeze prohibited, exceptions--lifting of
freeze, when--permanent removal, when--fee--notice.
407.1384. Agency liability for failure to comply, damages and equitable relief.
407.1385. Processing of applications for credit--effect of security freeze.
407.1500. Definitions--notice to consumer for breach of security,
procedure--attorney general may bring action for damages.

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