Effective - 01 Jan 2012, 2 histories
385.208. Deceptive practices. — 1. It is unlawful for a provider, administrator, producer, or any other person selling, offering, negotiating, or soliciting a motor vehicle extended service contract to:
(1) Use in its name the words insurance, casualty, guaranty, warranty, surety, mutual, or any other words descriptive of the insurance, casualty, guaranty, or surety business, nor shall such person use a name deceptively similar to the name or description of any insurance or surety corporation, or any other provider, provided that this prohibition shall not apply to any provider or administrator that was using any of the prohibited language in its name prior to January 1, 2011, and it discloses conspicuously in its motor vehicle extended service contract the following statement: "This agreement is not an insurance contract.";
(2) Directly or indirectly represent in any manner, whether by telemarketing, broadcast marketing, electronic media, written solicitation or any other advertisement, offer, or solicitation, a false, deceptive, or misleading statement with respect to:
(a) An affiliation with a motor vehicle manufacturer or dealer;
(b) Possession of information regarding a motor vehicle owner's current motor vehicle manufacturer's original equipment warranty;
(c) The expiration of a motor vehicle owner's current motor vehicle manufacturer's original equipment warranty;
(d) A requirement that such motor vehicle owner register for a new motor vehicle extended service contract with such provider in order to maintain coverage under the motor vehicle owner's current motor vehicle extended service contract or manufacturer's original equipment warranty; or
(e) Any term or provision of a motor vehicle extended service contract.
A violation of this subsection is a level three violation under section 374.049.
2. It is unlawful for any person, in connection with the offer, sale, solicitation, or negotiation of a motor vehicle extended service contract, directly or indirectly to:
(1) Employ any deception, device, scheme, or artifice to defraud;
(2) As to any material fact, make or use any misrepresentation, concealment, or suppression;
(3) Engage in any pattern or practice of making any false statement of material fact; or
(4) Engage in any act, practice, or course of business which operates as a fraud or deceit upon any person.
A violation of this subsection is a level three violation under section 374.049.
3. Any person who knowingly employs, uses, or engages in any conduct in violation of subsection 2 of this section with the intent to defraud shall be guilty of a felony and, upon conviction, may be subject to imprisonment for a term not to exceed ten years. In addition to any fine or imprisonment imposed, a court may order restitution to the victim.
4. A person, such as a bank, savings and loan association, lending institution, manufacturer or seller of any product, shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property. A violation of this subsection is a level one violation under section 374.049.
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(L. 2007 H.B. 221, A.L. 2011 S.B. 132)
Effective 1-01-12
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 385 - Credit Insurance and Service Contracts
Section 385.010 - Purpose clause.
Section 385.015 - Scope of law.
Section 385.020 - Definitions.
Section 385.025 - Credit life and accident insurance, form in which it shall be issued.
Section 385.030 - Amount of insurance permitted — payments, amount of, limited.
Section 385.035 - Term of policy, prepayment of debt, effect of.
Section 385.055 - Who may issue credit life insurance.
Section 385.060 - Reporting and settlement of claims — who may adjust claims.
Section 385.075 - Regulatory powers of director.
Section 385.200 - Definitions.
Section 385.204 - Reimbursement insurance policies, requirements.
Section 385.208 - Deceptive practices.
Section 385.210 - Record-keeping requirements.
Section 385.212 - Termination, notice required.
Section 385.214 - Providers considered agents of insurer, when — indemnification and subrogation.
Section 385.216 - Investigations, administrative orders.
Section 385.218 - Rulemaking authority.
Section 385.220 - Inapplicability.
Section 385.300 - Definitions.
Section 385.302 - Registration required, fee — administrator authorized — provider requirements.
Section 385.304 - Reimbursement insurance policy requirements.
Section 385.306 - Contract requirements, contents.
Section 385.308 - Deceptive practices.
Section 385.310 - Record-keeping requirements.
Section 385.312 - Termination, notice required.
Section 385.314 - Providers considered agents of insurer, when — indemnification and subrogation.
Section 385.316 - Investigations, administrative orders.
Section 385.318 - Rulemaking authority.
Section 385.320 - Inapplicability.
Section 385.321 - Effective date for certain sections.
Section 385.400 - Citation of law.
Section 385.403 - Definitions.
Section 385.406 - Applicability, exceptions.
Section 385.409 - Registration required — records, content — fee — notice for failure to register.
Section 385.415 - Warranty reimbursement insurance policy requirements.
Section 385.418 - Warranty requirements.
Section 385.424 - Prohibited use of names and terms.
Section 385.427 - Record-keeping requirements.
Section 385.430 - Enforcement authority — administrative orders permitted.
Section 385.433 - Rulemaking authority.
Section 385.436 - Admissibility of failure to comply evidence.