Effective - 28 Aug 2000
407.1073. Telemarketers, required disclosures — misrepresentations prohibited. — 1. A telemarketer shall disclose, promptly and in a clear and conspicuous manner, to the consumer receiving the telephone call the following:
(1) That the purpose of the telephone call is to make a sale;
(2) The telemarketer's identifiable name and the seller on whose behalf the solicitation is being made;
(3) The nature of the merchandise or investment opportunity being sold;
(4) That no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure shall be made before or in conjunction with the description of the prize to the consumer called; and
(5) If the telephone call is made by any recorded, computer-generated, electronically generated or other voice communication of any kind. When engaged in telemarketing, such voice communication shall, promptly at the beginning of the telephone call, inform the consumer that the call is being made by a recorded, computer-generated, electronically generated or other type of voice communication, as the case may be.
2. Before a consumer pays for merchandise offered for sale through telemarketing, the telemarketer shall disclose, in a clear and conspicuous manner, the following:
(1) The seller or telemarketer's identifiable name and the address or telephone number where the seller or telemarketer can be reached;
(2) The total cost and quantity of the merchandise that is the subject of the telemarketing sales call;
(3) Any material restriction, limitation or condition to purchase, receive or use the merchandise that is the subject of a telemarketing sales call;
(4) Any material aspect of the nature or terms of the refund, cancellation, exchange or repurchase policies, including the absence of such policies;
(5) Any material aspect of an investment opportunity being offered, including benefits, the price of the land or other investment, and the location of the investment;
(6) Material elements of a prize promotion, including:
(a) The odds of being able to receive the prize and, if the odds are not calculable in advance, the factors and methods used in calculating the odds;
(b) That no purchase or payment of any kind is required to win a prize or to participate in a prize promotion;
(c) The no-purchase or no-payment method of participating in the prize promotion, with either instructions on how to participate or an address or local or toll-free telephone number to which consumers may write or call for information on how to participate; and
(d) All material conditions to receive or redeem the prize.
3. A telemarketer shall not misrepresent, directly or by implication, any of the following:
(1) A description of the prize;
(2) Its market value;
(3) The actual number of each prize to be awarded;
(4) The date by which the prize will be awarded.
4. A telemarketer shall not misrepresent any material aspect of the performance, quality, efficacy, nature or basic characteristics of merchandise that is the subject of a telemarketing sales call.
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(L. 2000 S.B. 763)
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.