Chapter 407 - Merchandising Practices

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 407.300 Certain materials, collectors and dealers to keep register, information required — penalty — 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 407.478 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 — liens on motor vehicle, release of, statement not required — penalties.
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 brought when.
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 franchisee, when, exceptions — statement required in franchisor's notice — consolidation of applications — burden of proof — mediation, when.
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, when.
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.