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Missouri Revised Statutes
Trade and Commerce
Merchandising Practices
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Section
407.005
Digital electronic equipment definition.
Section
407.010
Definitions.
Section
407.020
Unlawful practices, penalty — exceptions.
Section
407.023
Representation of a business at wholesale trade shows or markets — proof of agency required.
Section
407.025
Civil action to recover damages — class actions authorized, when — procedure.
Section
407.030
Voluntary compliance, assurance made, effect of — violation, penalty.
Section
407.040
Investigations by attorney general — investigative demand, contents of, how served.
Section
407.045
Self-incrimination — person claiming right not subject to criminal prosecution or penalty — procedure.
Section
407.050
Evidence, when and where produced.
Section
407.060
Disclosure of information, material or evidence, limitation on — trade secrets require court order, when.
Section
407.070
Petition to extend return date, when and where filed.
Section
407.080
Interference with or avoidance of a civil investigative demand prohibited, penalty — attorney general to enforce.
Section
407.090
Attorney general may request court order to produce evidentiary material — request filed where.
Section
407.095
Order by attorney general prohibiting unlawful acts — procedure — expiration of order — penalty for violation.
Section
407.100
Injunction — temporary restraining orders — receivers — restitution, when — civil penalty — venue — restitution funds payable to injured parties but interest payable to general revenue.
Section
407.105
Receiver, powers and duties of.
Section
407.110
Violation of injunction or restitution order, civil penalty.
Section
407.120
Provisions of this chapter no bar to other civil actions.
Section
407.125
Chapter not limitation for commissioner of securities.
Section
407.130
Assessment of court costs.
Section
407.140
Merchandising practices revolving fund established — funding — administration purposes.
Section
407.145
Rulemaking, authority, limitation.
Section
407.200
Unsolicited merchandise, how disposed of.
Section
407.292
Precious metals, sale of — definitions — record of transactions, requirements — purchase from minor, requirements — weighing device, use of — applicability to pawnbrokers.
Section
407.295
Motor vehicle repairs, aftermarket crash part, defined — requirements — disclosure to owner — penalties.
Section
407.297
Copper property peddlers — license required (St. Louis City) — definitions — fee, application procedure, revocation.
Section
407.300
Certain materials, collectors and dealers to keep register, information required — catalytic converter transaction, limit on location — stolen catalytic converter, purchase of, penalties — exempt transactions.
Section
407.301
Metal beer keg, prohibition on purchase or possession by scrap metal dealer — violation, penalty.
Section
407.302
Metal belonging to various entities — scrap yard not to purchase — violation, penalty.
Section
407.303
Scrap metal dealers — payments in excess of $500 to be made by check — exceptions — violations, penalty.
Section
407.305
Bronze statuary, receptacles or memorials, record of purchase required of collectors and dealers — penalty.
Section
407.307
Dealerships for farm implements, industrial maintenance, construction power equipment and outdoor power equipment — changes in ownership, rights of the dealer.
Section
407.309
Advertising restrictions — definitions — attorney general to enforce, when — civil penalty authorized.
Section
407.315
American Indian art or craft, no sale unless authentic — penalty.
Section
407.325
Definitions.
Section
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.
Section
407.329
Prepayment of contracts, treatment of funds, notice to attorney general, exceptions.
Section
407.330
Contracts, in writing, required provisions — buyer's right to cancel.
Section
407.332
Transfer or relocation of health spa, buyer's duties, rights, when — refund of moneys, amount, when — attorney general to represent buyers, when.
Section
407.334
Contracts, signed by buyer — duration limit — voidable, when — waiver void, when.
Section
407.335
Holder of contract or note subject to claims and defenses, notice.
Section
407.337
Assignment of contract, buyer's rights.
Section
407.339
Bond, filed with attorney general, amount, exceptions — separate locations, bond required for each — claims against, cancellation of, when.
Section
407.340
Bond, issued in favor of state of Missouri, payable to whom — aggregate liability — no cancellation without attorney general's consent.
Section
407.350
Definitions.
Section
407.353
Blind bidding of motion pictures prohibited, when — distributors required to give notice of trade screening.
Section
407.355
General invitation to bid, contents — bidding procedure — exhibitor must have attended trade screening to bid.
Section
407.357
Blind bidding permitted, when — invitation to bid, contents — license agreement voidable, damages.
Section
407.400
Definitions.
Section
407.405
Pyramid sales schemes prohibited — cancellation of franchise without notice prohibited, exceptions.
Section
407.410
Double damages, when — limitation on actions — cancellation of franchise without notice grounds for award of damages.
Section
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.
Section
407.415
Attorney general may obtain injunction, when — bond not required.
Section
407.420
Penalty — duty to enforce — jurisdiction of attorney general.
Section
407.430
Citation of law.
Section
407.431
Attorney general, authority to enforce.
Section
407.432
Definitions.
Section
407.433
Protection of credit card account numbers, penalty, exceptions — effective date, applicability.
Section
407.434
Counterfeit credit cards, unlawful practices — defrauding issuer — authorization of acquirer.
Section
407.435
Card scanner, illegal use of — penalty.
Section
407.436
Defacing a credit card reader, offense of, penalty.
Section
407.450
Short title.
Section
407.453
Definitions.
Section
407.456
Registration and reports, who shall file, exceptions.
Section
407.459
Register of documents, maintained by attorney general — public inspection, exception.
Section
407.462
Registration and reports, required of soliciting organization, fee — form — exceptions.
Section
407.466
Registration by fund-raisers — form — oath — fees.
Section
407.469
Disclosure of fund-raising costs and use of professional fund-raiser.
Section
407.472
Investigations by attorney general — investigative demand, how served — injunction, procedure.
Section
407.478
Provisions of charitable organizations and solicitations law no bar to other civil actions.
Section
407.485
Unwanted household items, collection of deemed unfair business practice, when — receptacles, requirements.
Section
407.489
No ordinance shall prohibit a nonprofit organization or veterans organization from reselling donated goods in an area with other retailers, limitation.
Section
407.511
Definitions.
Section
407.516
Odometer fraud, first degree, penalty.
Section
407.521
Odometer fraud, second degree, penalty.
Section
407.526
Odometer fraud, third degree, penalty.
Section
407.531
Repair or replacement — notice of alteration, how shown, removal prohibited, penalty.
Section
407.536
Odometer mileage to be shown on title, when — incorrect mileage on odometer, procedure — duties of director of revenue — falsifying odometer reading, penalty — liens on motor vehicle, release of, statement not required — power of attorney, when.
Section
407.542
Attempt to commit odometer fraud in first or second degree, penalties.
Section
407.543
Conspiracy to commit odometer fraud in first or second degree, penalty.
Section
407.544
Prior convictions for odometer frauds, court may increase sentence, penalties.
Section
407.546
Civil damages for odometer violations — venue.
Section
407.551
Injunction — action may include suspension or revocation of license.
Section
407.553
Attorney general or prosecutor to handle actions for violations, exception.
Section
407.556
Dealer or manufacturer in violation subject to revocation or suspension of licenses — laws not applicable to certain motor vehicles.
Section
407.558
Private civil action against prohibited except if a commercial relationship existed — definition of commercial relationship.
Section
407.560
Definitions.
Section
407.563
Law applicable to breach of new motor vehicles warranties.
Section
407.565
Report of nonconformity required, when — repairs, duty of manufacturer or agent, when.
Section
407.567
Replacement of motor vehicle or refund of purchase price, when — allowance deducted for consumer's use — reimbursement, when, application for.
Section
407.569
Affirmative defenses.
Section
407.571
Presumptions of nonconformity — exception.
Section
407.573
Warranty extension, when — complaint remedies information to be furnished — notice to manufacturer required — manufacturer's duties, time limitation.
Section
407.575
Manufacturer with approved settlement procedure, consumer's duty.
Section
407.577
Court action by consumer, costs, expenses, attorney's fees, how paid.
Section
407.579
Consumer's right to other remedies — law to apply, when.
Section
407.583
Warranty repairs, labor cost compensation to dealer.
Section
407.585
Definitions.
Section
407.586
Law applicable to breach of new farm machinery warranties — report of nonconformity required, when — repairs, duty of manufacturer or agent, when.
Section
407.588
Replacement of farm machinery or refund of purchase price, when — allowance deducted for consumer's use — refund made to whom.
Section
407.589
Affirmative defenses.
Section
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.
Section
407.592
Law applicable to machinery sold after January 1, 1988, not to affect prior contracts — dealers reimbursed for labor, rate.
Section
407.600
Definitions.
Section
407.610
Promotion program, notice to attorney general, requirements — unlawful practices — failure to comply, penalty.
Section
407.620
Cancellation of purchase — printed notice of right to cancel to be given purchaser — form requirements.
Section
407.625
Exchange program — information required to be furnished purchaser — exchange companies to file certain information annually — failure to comply, penalty.
Section
407.630
Violation of regulations — penalty.
Section
407.635
Definitions.
Section
407.637
Credit service organization — exemptions.
Section
407.638
Prohibited activities.
Section
407.639
Copy of bond to be filed with director of finance — purpose of bond — amount of bond — statement by director of finance.
Section
407.640
Registration statements, filing, contents, fee.
Section
407.641
Contract, writing, contents.
Section
407.642
Contract requirements, cancellation clause.
Section
407.643
Waiver of buyer's rights void.
Section
407.644
Actions — damages — penalties.
Section
407.660
Citation of law.
Section
407.661
Definitions.
Section
407.662
Rental-purchase agreements, in writing — prohibited provisions — required provisions.
Section
407.663
Advertisements, requirements.
Section
407.664
Reinstatement of agreement, when, conditions.
Section
407.665
Violations, penalties — correction of violation — penalty not a bar to civil action.
Section
407.670
Citation of law.
Section
407.671
Definitions.
Section
407.672
Cancellation of membership.
Section
407.673
Contract, requirements, right to cancel.
Section
407.674
Delivery date of goods, exception — savings claims, requirements — contracts not in compliance, unenforceable.
Section
407.675
Duration of contract, renewal, terms and limitations.
Section
407.676
Law not applicable, when.
Section
407.677
Unlawful practices.
Section
407.678
Waivers, unenforceable.
Section
407.679
Violations, penalty — penalty not a bar to civil action.
Section
407.700
Home solicitation sale defined.
Section
407.705
Cancellation, notice of, how given — cancellation prohibited, when — business day defined.
Section
407.710
Agreement of sale, required statement, exception.
Section
407.715
Duties of seller after cancellation.
Section
407.720
Duties of seller after cancellation — lien of buyer, when.
Section
407.725
Work and services for insured persons, contractors not to induce sales — cancellation of contracts, requirements, contractor duties — violations, penalty.
Section
407.730
Definitions.
Section
407.732
Advertising, restrictions, requirements — prices advertised, quantity to be sufficient — surcharge fees — other terms, clearly disclosed.
Section
407.735
Business practices, nondeceptive — collision damage waiver, terms, conditions, notice required — damages, estimates, how made — remedies.
Section
407.738
Actions, unlawful subleasing, who may bring — definitions.
Section
407.740
Penalty, unlawful subleasing — prosecuting attorney, attorney general, duty to commence action, when.
Section
407.742
Unlawful subleasing, elements of crime.
Section
407.745
Assignment or transfer of motor vehicle, not unlawful subleasing, when.
Section
407.748
Violations are unlawful merchandising practices — remedies not exclusive.
Section
407.753
Manufacturer, wholesaler or distributor not to terminate contract except for good cause — good cause, how established.
Section
407.754
How to apply to successors in interest — successor in interest defined.
Section
407.755
Action for damages and costs by retailer for violations — remedy not exclusive.
Section
407.756
Law, applicability to existing and future contracts.
Section
407.800
Going-out-of-business sales, requirements, limitations, extension — exceptions.
Section
407.810
Citation of law.
Section
407.811
Public policy statement.
Section
407.812
Compliance with act required — applicability of act.
Section
407.815
Definitions.
Section
407.816
Motor driven vehicle, defined for section 407.815 — exemption for recreational vehicle dealers or manufacturers.
Section
407.817
Establishment or transfer of an existing franchise, procedures for franchisor.
Section
407.818
License required.
Section
407.819
Successor manufacturer, restrictions on line-make franchise offers — fair market value calculation.
Section
407.820
Franchisor subject to jurisdiction of Missouri courts and administrative agencies, when — service of process.
Section
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.
Section
407.824
Facility improvements and other changes not required by franchisee, when.
Section
407.825
Unlawful practices.
Section
407.826
New motor vehicle dealership, restrictions on operation of or ownership by a franchisor.
Section
407.827
Duty of franchisor and franchisee, distribution of dealerships in St. Louis located to serve minorities.
Section
407.828
Franchisor's duties to franchisee — schedule of compensation — claims payment — retail rate calculation — audit authority.
Section
407.829
Missouri motor vehicle commission's duty to ensure minority-owned businesses in St. Louis.
Section
407.830
Franchisor's defenses against action by franchisee.
Section
407.831
Indemnification and hold harmless requirements.
Section
407.832
False advertising, prohibition.
Section
407.833
Modification of franchise prohibited, when — complaint procedure with administrative hearing commission, written decision required.
Section
407.835
Franchisee's right to action for damages, injunction, when — recovery of damages — dispute restrictions.
Section
407.838
Definitions.
Section
407.840
Dealership agreement, termination — cancellation — failure to renew to be based on good cause — good cause defined.
Section
407.842
Notice to dealer of cancellation, content — dealer has sixty days to rectify — exceptions.
Section
407.844
Farm equipment manufacturers, certain acts prohibited.
Section
407.846
Law applicable to dealer's agreements, when.
Section
407.848
Damages in civil action or injunction for dealer against manufacturer, when.
Section
407.850
Definitions.
Section
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.
Section
407.857
Reimbursement for warranty work performed by certain retail sellers of power equipment.
Section
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.
Section
407.865
Repurchase not to affect security interest in inventory and to be subject to bulk sales law.
Section
407.870
Inventory which does not qualify for repurchase.
Section
407.875
Liability for failure to repurchase inventory.
Section
407.880
Death of retailer or majority stockholder — option of surviving spouse or heir for repurchase of inventory, time limitation, exception.
Section
407.885
Application to existing contracts and future contracts.
Section
407.895
Manufacturer, wholesaler or distributor not to terminate contract except for good cause — good cause established, how.
Section
407.897
Law to apply to successors in interest — not applicable, when — application to existing contracts and future contracts.
Section
407.898
Civil action for unlawful termination of contract, authorized — costs and attorney fees recoverable.
Section
407.900
Definitions.
Section
407.902
Art delivered to art dealer for sale or exhibition deemed consignment, when, exception — written contract required, contents.
Section
407.904
Consignment, effect.
Section
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.
Section
407.907
Waiver of proceeds in trust by artist, requirements.
Section
407.908
Contracts, prior to August 13, 1984, not affected, exceptions.
Section
407.910
Violations — punitive damage and costs authorized.
Section
407.911
Definitions.
Section
407.912
Commission to become due, when — termination of employment, all commissions due, when.
Section
407.913
Failure to pay sales representative commission, liability in civil action for actual damages — additional damages allowed — attorney fees and costs.
Section
407.914
Out-of-state principal with sales representative soliciting in this state, Missouri courts to have jurisdiction.
Section
407.915
Civil action for all claims against principal may be joined — express or contract waivers of commission laws, invalid.
Section
407.924
Division of liquor control to enforce underage tobacco sales — annual report submitted.
Section
407.925
Definitions.
Section
407.926
No tobacco sales to minors — penalties — alternative nicotine products and vapor products, sale to minors prohibited — nicotine liquid containers, requirements, penalty.
Section
407.927
Required sign stating violation of state law to sell tobacco, alternative nicotine products, or vapor products to minors under age 18 — display of sign required on displays and vending machines.
Section
407.928
Restrictions on sales of individual packs of cigarettes.
Section
407.929
Proof of age required, when — defense to action for violation is reasonable reliance on proof — liability.
Section
407.931
Unlawful to sell or distribute tobacco products, alternative nicotine products, or vapor products to minors — vending machine requirements — what persons are liable — owners exempt, when — appeal to administrative hearing commission, when.
Section
407.932
Political subdivisions may make more stringent rules.
Section
407.933
Minors employed by division of liquor control may purchase tobacco products, alternative nicotine products, or vapor products for enforcement purposes — misrepresentation of age, penalty.
Section
407.934
Sales tax license required to sell tobacco products, alternative nicotine products, or vapor products — division of liquor control to have inspection authority — limitations on use of minors for enforcement purposes.
Section
407.935
Definitions.
Section
407.937
Right to cancel contract — notice of cancellation, effective when — form of cancellation.
Section
407.938
Contract, form of — notice required, contents — contract to be accompanied by notice of cancellation, contents.
Section
407.940
Foreclosure consultants, unlawful acts — penalty.
Section
407.941
Waiver, void — penalty.
Section
407.943
Action against foreclosure consultant authorized — exemplary damages authorized — remedies not exclusive.
Section
407.950
Definitions.
Section
407.953
Warranty express or implied, one year required.
Section
407.955
Nonconformity of assistive device to be repaired at no cost.
Section
407.957
Nonconformity not repaired within reasonable time, options of consumer.
Section
407.959
Lease, early termination — reasonable allowance for use, how computed.
Section
407.961
Consumer to receive comparable device or refund, procedure — lease unenforceable against consumer after refund.
Section
407.963
Resale or lease of returned device, full disclosure required.
Section
407.965
Arbitration of disputes may be submitted, filing fee, procedure — waivers of consumer's rights are void.
Section
407.967
Action for damages, attorney's fees and costs may be brought by consumer.
Section
407.970
Rules, procedure to adopt — suspension or revocation of rules, procedure.
Section
407.980
Convenience business defined — businesses not included in definition — preemption by state of all security regulations.
Section
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.
Section
407.987
Training to be provided for employees in robbery deterrence and safety — time limitation to provide.
Section
407.990
Penalty.
Section
407.1025
Definitions.
Section
407.1028
Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses.
Section
407.1031
Procedure, before administrative hearing commission, application, notice, hearing, order, review.
Section
407.1034
Unlawful merchandising practices by motorcycle or all-terrain vehicle (ATV) franchisor.
Section
407.1035
Relevant market area for motorcycle and all-terrain vehicle franchises, definitions.
Section
407.1037
Location of dealerships in City of St. Louis.
Section
407.1040
License approval in metropolitan areas, minorities.
Section
407.1043
Defenses.
Section
407.1046
False advertising prohibited.
Section
407.1047
Compensation agreements between franchisors and franchisees engaged in sale of motorcycles and ATVs.
Section
407.1049
Civil action, remedies.
Section
407.1060
Definitions.
Section
407.1062
Structured settlement payment transfers, requirements.
Section
407.1064
Approval by court, notice.
Section
407.1066
Right to rescind — limitation of liability — limitation of jurisdiction.
Section
407.1068
Application of law.
Section
407.1070
Definitions.
Section
407.1073
Telemarketers, required disclosures — misrepresentations prohibited.
Section
407.1076
Unlawful telemarketing acts or practices.
Section
407.1079
Telemarketers required to keep certain records.
Section
407.1082
Penalties — criminal penalties — civil damages.
Section
407.1085
Exemptions — attorney general to receive complaints.
Section
407.1090
Required disclosures for entities soliciting contributions.
Section
407.1095
Definitions.
Section
407.1098
Telephone solicitation of member on no-call list prohibited.
Section
407.1101
Attorney general to create no-call list database — rules — inclusion of national database — database not a public record — no cost to subscribers.
Section
407.1104
Caller identification service, telephone solicitor not to interfere with subscriber's use of service.
Section
407.1107
Penalties, attorney general to enforce — civil, criminal, injunctive relief — private actions — defenses — statute of limitations.
Section
407.1110
Advisory group for consumer protection from telemarketers — publication of information on consumer rights.
Section
407.1120
Definitions.
Section
407.1123
Unsolicited electronic mail without either return email address or toll-free number prohibited
Section
407.1126
Penalties.
Section
407.1129
Damages.
Section
407.1132
Interactive computer service may block certain electronic mail without liability — federal law to control if enacted.
Section
407.1135
Definitions.
Section
407.1138
Prohibited acts — rulemaking authority, attorney general.
Section
407.1141
Attorney general to initiate proceedings for violation — penalties — defenses — action barred, when.
Section
407.1150
Publishing or disseminating criminal record information prohibited — definitions — violation, penalty.
Section
407.1240
Definitions.
Section
407.1243
Registration statement required, content — approval by attorney general, procedure — grandfather clause.
Section
407.1246
Renewal of registration, procedure, fee.
Section
407.1249
Right to rescind and cancel, time period allowed.
Section
407.1252
Complaint procedure — violations, remedy.
Section
407.1320
Definitions.
Section
407.1323
Recreational vehicle manufacturers and dealers, written agreement required, when — sales of RVs, conditions.
Section
407.1326
Termination notice, requirements, contents.
Section
407.1329
Repurchase upon termination of agreement.
Section
407.1332
Change in ownership, notice — rejection of change, notice.
Section
407.1335
Succession in dealerships, conditions, restrictions and prohibitions.
Section
407.1338
Warranty service, warrantor to provide written obligations — compensation of dealer for warranty service, submission of warranty claims, procedure.
Section
407.1340
Violation of dealer agreement.
Section
407.1343
Damage to new RVs, written disclosure to dealer required, when — reversion of ownership to manufacturer or distributor, when.
Section
407.1346
New RV dealership, restrictions on operation or ownership by a manufacturer.
Section
407.1355
Social Security numbers, prohibited actions involving.
Section
407.1360
Definitions.
Section
407.1362
Dealership agreements, good cause needed to terminate or cancel.
Section
407.1364
Notice of termination or cancellation, contents.
Section
407.1366
Change in ownership, notice required.
Section
407.1368
Repurchase required, when.
Section
407.1370
Applicability.
Section
407.1380
Definitions.
Section
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.
Section
407.1384
Agency liability for failure to comply, damages and equitable relief.
Section
407.1385
Processing of applications for credit — effect of security freeze.
Section
407.1400
Processing services agreements, required disclosures — inapplicability, when.
Section
407.1500
Definitions — notice to consumer for breach of security, procedure — attorney general may bring action for damages.
Section
407.1610
Speculative accumulation of asphalt shingles prohibited.