Missouri Revised Statutes
Chapter 407 - Merchandising Practices
Section 407.638 - Prohibited activities.

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 407.023 - 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 407.475 - No additional annual filing or reporting requirements, when — inapplicability.

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 at...

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 brough...

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 franchi...

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...

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.