Title XXVI, TRADE AND COMMERCE

407.485. Unwanted household items, collection of deemed unfair business practice, when — receptacles, requirements. — 1. It shall be an unfair business practice in violation of section 407.020 for a for-profit entity or natural person to collect unwanted household items via a pub…

407.489. No ordinance shall prohibit a nonprofit organization or veterans organization from reselling donated goods in an area with other retailers, limitation. — Notwithstanding any provision of section 89.020 to the contrary, the legislative body of all cities, towns, and villa…

407.511. Definitions. — As used in sections 407.511 to 407.556, unless the context clearly indicates otherwise, the following terms mean: (1) "Mileage", the actual distance that a vehicle has traveled; (2) "Odometer", an instrument for measuring and recording the actual distance …

407.516. Odometer fraud, first degree, penalty. — 1. A person commits the offense of odometer fraud in the first degree if he or she advertises for sale, sells, installs or has installed any device which causes an odometer to register any mileage other than the true mileage drive…

407.521. Odometer fraud, second degree, penalty. — 1. A person commits the offense of odometer fraud in the second degree if he or she, with the intent to defraud disconnects, resets, or alters the odometer of any motor vehicle with the intent to change the number of miles indica…

407.526. Odometer fraud, third degree, penalty. — 1. A person commits the crime of odometer fraud in the third degree if, with the intent to defraud, he operates a motor vehicle less than twenty years old on any street or highway knowing that the odometer of the motor vehicle is …

407.531. Repair or replacement — notice of alteration, how shown, removal prohibited, penalty. — 1. Nothing in sections 407.511 to 407.556 shall prevent the service, repair, or replacement of an odometer, provided the mileage indicated thereon remains the same as before the servi…

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 attorney, when. — 1. Any person transferr…

407.542. Attempt to commit odometer fraud in first or second degree, penalties. — 1. A person is guilty of attempt to commit odometer fraud in the first degree or odometer fraud in the second degree when, with the purpose of committing the offense, he does any act which is a subs…

407.543. Conspiracy to commit odometer fraud in first or second degree, penalty. — 1. A person is guilty of conspiring with another person or persons to commit odometer fraud in the first or second degree if, with the purpose of promoting or facilitating its commission he agrees …

407.544. Prior convictions for odometer frauds, court may increase sentence, penalties. — Notwithstanding any provision of law to the contrary, a court may enhance the sentence for any person convicted of violating section 407.516, 407.521, 407.526, 407.536, 407.542 or 407.543 wh…

407.546. Civil damages for odometer violations — venue. — 1. Any person who, with intent to defraud, violates any of the provisions of sections 407.511 to 407.556 shall be liable in civil damages to the purchaser or owner of the motor vehicle in an amount equal to three times the…

407.551. Injunction — action may include suspension or revocation of license. — 1. The attorney general or any prosecuting attorney of this state may bring an action in any circuit court for injunctive relief to restrain any violation of sections 407.511 to 407.556. 2. Notwithsta…

407.553. Attorney general or prosecutor to handle actions for violations, exception. — Notwithstanding other provisions of law to the contrary, the attorney general or the county prosecuting attorney shall have authority to file and prosecute any criminal or civil action authoriz…

407.556. Dealer or manufacturer in violation subject to revocation or suspension of licenses — laws not applicable to certain motor vehicles. — 1. A violation of the provisions of sections 407.511 to 407.556 by any person licensed or registered as a manufacturer or dealer pursuan…

407.558. Private civil action against prohibited except if a commercial relationship existed — definition of commercial relationship. — Notwithstanding any other provision of law to the contrary, no person, as defined in section 407.010, may bring a private civil action seeking m…

407.560. Definitions. — As used in sections 407.560 to 407.579, the following terms mean: (1) "Collateral charges", those additional charges to a consumer not directly attributable to a manufacturer's suggested retail price label for the new motor vehicle. For the purposes of sec…

407.563. Law applicable to breach of new motor vehicles warranties. — The provisions of sections 400.2-602 to 400.2-609 shall not apply to sales of new motor vehicles and such sales shall be governed by the provisions of sections 407.560 to 407.579. ­­-------- (L. 1984 H.B. 992 §…

407.565. Report of nonconformity required, when — repairs, duty of manufacturer or agent, when. — For the purposes of sections 407.560 to 407.579, if a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manuf…

407.567. Replacement of motor vehicle or refund of purchase price, when — allowance deducted for consumer's use — reimbursement, when, application for. — 1. If the manufacturer, through its authorized dealer or its agent, cannot conform the new motor vehicle to any applicable exp…

407.569. Affirmative defenses. — It shall be an affirmative defense to any claim under sections 407.560 to 407.579 that: (1) An alleged nonconformity does not substantially impair the use, market value, or safety of the motor vehicle; (2) A nonconformity is the result of abuse, n…

407.571. Presumptions of nonconformity — exception. — It shall be presumed that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties if within the terms, conditions, or limitations of the express warranty, or dur…

407.573. Warranty extension, when — complaint remedies information to be furnished — notice to manufacturer required — manufacturer's duties, time limitation. — 1. The terms, conditions, or limitations of the express warranty, or* the period of one year following the date of orig…

407.575. Manufacturer with approved settlement procedure, consumer's duty. — If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of the code of Federal Regulations, 16 CFR 703, provisions of sections 407.56…

407.577. Court action by consumer, costs, expenses, attorney's fees, how paid. — 1. If a consumer undertakes a court action after complying with the provisions of sections 407.560 to 407.579 and finally prevails in that action, he shall be allowed by the court to recover as part …

407.579. Consumer's right to other remedies — law to apply, when. — 1. Except as provided in subdivision (1) of section 407.560, nothing in sections 407.560 to 407.579 shall in any way limit the rights or remedies which are otherwise available to a consumer at law or in equity. 2…

407.583. Warranty repairs, labor cost compensation to dealer. — When a dealer makes repairs to any motor vehicle or vessel pursuant to any warranty provision, the dealer shall receive from the manufacturer or distributor giving the warranty, reasonable compensation for labor at a…

407.586. Law applicable to breach of new farm machinery warranties — report of nonconformity required, when — repairs, duty of manufacturer or agent, when. — 1. The provisions of sections 400.2-602 to 400.2-609* shall not apply to sales of new farm machinery and such sales shall …

407.588. Replacement of farm machinery or refund of purchase price, when — allowance deducted for consumer's use — refund made to whom. — 1. If the manufacturer, or its agent, cannot conform the new farm machinery to any applicable express warranty by repairing or correcting any …

407.589. Affirmative defenses. — 1. It shall be an affirmative defense to any claim under sections 407.585 to 407.592 that: (1) An alleged nonconformity does not substantially impair the use, market value, or safety of the farm machinery; (2) A nonconformity is the result of abus…

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. — 1. The manufacturer shall pro…

407.592. Law applicable to machinery sold after January 1, 1988, not to affect prior contracts — dealers reimbursed for labor, rate. — Sections 407.585 to 407.592 shall apply to any new farm machinery sold after January 1, 1988, but no provision of sections 407.585 to 407.592 sha…

407.600. Definitions. — As used in sections 407.600 to 407.630, the following terms shall mean: (1) "Accommodations", any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or any other private or commercial structure which is situated on real property…

407.610. Promotion program, notice to attorney general, requirements — unlawful practices — failure to comply, penalty. — 1. Any person who intends to use any promotional device or promotional program, including any sweepstakes, gift award, drawing or display booth, or any other …

407.620. Cancellation of purchase — printed notice of right to cancel to be given purchaser — form requirements. — In addition to any other remedy by which such an agreement may be rescinded or otherwise voided, a purchaser of a time-share plan or time-share property has five day…

407.625. Exchange program — information required to be furnished purchaser — exchange companies to file certain information annually — failure to comply, penalty. — 1. If a purchaser is offered the opportunity to subscribe to any exchange program, the developer shall, except as p…

407.630. Violation of regulations — penalty. — 1. A time-share plan or time-share property is merchandise under the provisions of this chapter and the sale or offering for sale of such plans or property shall be subject to the provisions of sections 407.010 to 407.140, unless oth…

407.635. Definitions. — As used in sections 407.635 to 407.644, the following words and phrases shall mean: (1) "Buyer", an individual who is solicited to purchase or who purchases the services of a credit services organization; (2) "Consumer reporting agency" has the meaning ass…

407.637. Credit service organization — exemptions. — 1. A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides or represents that the person can or will pro…

407.638. Prohibited activities. — A credit services organization, a salesperson, agent or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization may not: (1) Charge a buyer or rec…

407.639. Copy of bond to be filed with director of finance — purpose of bond — amount of bond — statement by director of finance. — 1. This section applies to a credit services organization required by subdivision (1) of section 407.638 to obtain a surety bond or establish a sure…

407.640. Registration statements, filing, contents, fee. — 1. A credit services organization shall file a registration statement with the director of finance before conducting business in this state. The registration statement must contain: (1) The name and address of the credit …

407.641. Contract, writing, contents. — 1. Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization shall provide the buyer with a statement in writing, containing: (1) A complete and detailed descrip…

407.642. Contract requirements, cancellation clause. — 1. Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, signed by the buyer and must include: (1) A statement in ty…

407.643. Waiver of buyer's rights void. — 1. A credit services organization may not attempt to cause a buyer to waive a right under sections 407.635 to 407.644. 2. A waiver by a buyer of any part of sections 407.635 to 407.644 is void. ­­-------- (L. 1991 S.B. 112 § 8)

407.644. Actions — damages — penalties. — 1. (1) A buyer injured by a violation of sections 407.635 to 407.644 may bring an action for recovery of damages. The damages awarded may not be less than the amount paid by the buyer to the credit services organization, plus reasonable a…