Effective - 28 Aug 2020, 5 histories
407.020. Unlawful practices, penalty — exceptions. — 1. The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri, is declared to be an unlawful practice. The use by any person, in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri of the fact that the attorney general has approved any filing required by this chapter as the approval, sanction or endorsement of any activity, project or action of such person, is declared to be an unlawful practice. Any act, use or employment declared unlawful by this subsection violates this subsection whether committed before, during or after the sale, advertisement or solicitation.
2. Nothing contained in this section shall apply to:
(1) The owner or publisher of any newspaper, magazine, publication or printed matter wherein such advertisement appears, or the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser;
(2) Any institution, company, or entity that is subject to chartering, licensing, or regulation by the director of the department of commerce and insurance under chapter 354 or chapters 374 to 385, the director of the division of credit unions under chapter 370, or director of the division of finance under chapters 361 to 369, or chapter 371, unless such directors specifically authorize the attorney general to implement the powers of this chapter or such powers are provided to either the attorney general or a private citizen by statute; or
(3) Any advertisement, merchandise, or transaction in which the merchandise consists of a new residence in a transaction in which the buyer is offered and accepts in the sale contract an express warranty by the builder or through a third-party warranty company paid for by the builder and the sale contract contains substantially the following disclaimer in all capital letters with characters of at least ten-point type: "THIS CONTRACT, MERCHANDISE AND PROPERTY CONVEYED UNDER THIS CONTRACT AND THE TRANSACTION BETWEEN THE SELLER AND BUYER IS EXCLUDED FROM COVERAGE UNDER THE MERCHANDISING PRACTICES ACT, SECTIONS 407.010 TO 407.130, RSMO.". As used in this section, the term "residence" shall mean a single-family house, duplex, triplex, quadruplex, or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and common elements as defined in subdivision (4) of section 448.1-103.
3. Any person who willfully and knowingly engages in any act, use, employment or practice declared to be unlawful by this section with the intent to defraud shall be guilty of a class E felony.
4. It shall be the duty of each prosecuting attorney and circuit attorney in their respective jurisdictions to commence any criminal actions under this section, and the attorney general shall have concurrent original jurisdiction to commence such criminal actions throughout the state where such violations have occurred.
5. It shall be an unlawful practice for any long-term care facility, as defined in section 192.2300, except a facility which is a residential care facility or an assisted living facility, as defined in section 198.006, which makes, either orally or in writing, representation to residents, prospective residents, their families or representatives regarding the quality of care provided, or systems or methods utilized for assurance or maintenance of standards of care to refuse to provide copies of documents which reflect the facility's evaluation of the quality of care, except that the facility may remove information that would allow identification of any resident. If the facility is requested to provide any copies, a reasonable amount, as established by departmental rule, may be charged.
6. Any long-term care facility, as defined in section 192.2300, which commits an unlawful practice under this section shall be liable for damages in a civil action of up to one thousand dollars for each violation, and attorney's fees and costs incurred by a prevailing plaintiff, as allowed by the circuit court.
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(L. 1967 p. 607 § 2, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685, A.L. 1992 S.B. 705, A.L. 1994 H.B. 1165, A.L. 1995 H.B. 409, A.L. 2000 S.B. 763, A.L. 2008 S.B. 788, A.L. 2014 S.B. 491, A.L. 2020 S.B. 591)
CROSS REFERENCE:
Applicability of statute changes for cases filed after August 28, 2020, 510.262
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 407 - Merchandising Practices
Section 407.005 - Digital electronic equipment definition.
Section 407.010 - Definitions.
Section 407.020 - Unlawful practices, penalty — exceptions.
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 407.050 - Evidence, when and where produced.
Section 407.070 - Petition to extend return date, when and where filed.
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 407.145 - Rulemaking, authority, limitation.
Section 407.200 - Unsolicited merchandise, how disposed of.
Section 407.315 - American Indian art or craft, no sale unless authentic — penalty.
Section 407.325 - Definitions.
Section 407.330 - Contracts, in writing, required provisions — buyer's right to cancel.
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 407.350 - Definitions.
Section 407.400 - Definitions.
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 407.435 - 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 407.466 - Registration by fund-raisers — form — oath — fees.
Section 407.469 - Disclosure of fund-raising costs and use of professional fund-raiser.
Section 407.475 - No additional annual filing or reporting requirements, when — inapplicability.
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 407.542 - 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 407.560 - Definitions.
Section 407.563 - Law applicable to breach of new motor vehicles warranties.
Section 407.569 - Affirmative defenses.
Section 407.571 - Presumptions of nonconformity — exception.
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 407.589 - Affirmative defenses.
Section 407.600 - Definitions.
Section 407.630 - Violation of regulations — penalty.
Section 407.635 - Definitions.
Section 407.637 - Credit service organization — exemptions.
Section 407.638 - Prohibited activities.
Section 407.640 - 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 407.663 - Advertisements, requirements.
Section 407.664 - Reinstatement of agreement, when, conditions.
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 407.675 - 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 407.710 - 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 407.730 - Definitions.
Section 407.738 - Actions, unlawful subleasing, who may bring — definitions.
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 407.754 - 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 407.817 - Establishment or transfer of an existing franchise, procedures for franchisor.
Section 407.818 - License required.
Section 407.824 - Facility improvements and other changes not required by franchisee, when.
Section 407.825 - Unlawful practices.
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 407.838 - Definitions.
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 407.870 - Inventory which does not qualify for repurchase.
Section 407.875 - Liability for failure to repurchase inventory.
Section 407.885 - Application to existing contracts and future contracts.
Section 407.900 - Definitions.
Section 407.904 - Consignment, effect.
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 407.925 - Definitions.
Section 407.928 - Restrictions on sales of individual packs of cigarettes.
Section 407.932 - Political subdivisions may make more stringent rules.
Section 407.935 - Definitions.
Section 407.940 - Foreclosure consultants, unlawful acts — penalty.
Section 407.941 - Waiver, void — penalty.
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 407.963 - Resale or lease of returned device, full disclosure required.
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 407.1025 - Definitions.
Section 407.1028 - Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses.
Section 407.1037 - Location of dealerships in City of St. Louis.
Section 407.1040 - License approval in metropolitan areas, minorities.
Section 407.1046 - False advertising prohibited.
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 407.1120 - Definitions.
Section 407.1135 - Definitions.
Section 407.1138 - Prohibited acts — rulemaking authority, attorney general.
Section 407.1240 - Definitions.
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 407.1326 - 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 407.1340 - Violation of dealer agreement.
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 407.1384 - 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 407.1610 - Speculative accumulation of asphalt shingles prohibited.