Chapter 407 Merchandising Practices
- 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.
- 407.295. Motor vehicle repairs, aftermarket crash part, defined--requirements--disclosure to owner--penalties.
- 407.300. Copper wire or cable, 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 cemeteries, political subdivisions, electric cooperatives, and utilities--scrap yard not to purchase--violation, penalty.
- 407.303. Scrap metal dealers--payments in excess of $500 to be made by check--exceptions.
- 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-
- 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. Donations of unwanted household items, collection of deemed unfair business practice, when.
- 407.489. No ordinance shall prohibit a nonprofit organization from reselling donated goods in an area with other retailers, limitation.
- 407.500. Missouri residents may purchase rifles and shotguns in contiguous states, when.
- 407.505. Residents of contiguous states may purchase rifles and shotguns in Missouri, when.
- 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 t
- 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.
- 407.730. 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.
- 407.815. Definitions.
- 407.816. Motor driven vehicle, defined for section 407.815--exemption for recreational vehicle dealers or manufacturers.
- 407.817. Establishment or transfer of a new motor vehicle dealer, procedures for franchisor.
- 407.820. Franchisor subject to jurisdiction of Missouri courts and administrative agencies, when--service of process.
- 407.822. Application for hearing with administrative hearing commission, filing, when--time and place of hearing--notice to parties--final order, when--petition for review of final order--franchisee&#
- 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.
- 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.
- 407.832. False advertising, prohibition.
- 407.835. Franchisee's right to action for damages, injunction, when.
- 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 distributo
- 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 e-mail 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.