Title XXVI — TRADE AND COMMERCE

407.1132. Interactive computer service may block certain electronic mail without liability — federal law to control if enacted. — 1. An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic ma…

407.1135. Definitions. — As used in sections 407.1135 to 407.1141, the following words and phrases mean: (1) "Commercial electronic mail", an electronic mail message sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services; (2)…

407.1138. Prohibited acts — rulemaking authority, attorney general. — 1. It shall be a violation of this section for any person or entity who initiates the transmission of any commercial electronic mail message to any subscriber in this state to provide a false identity or false …

407.1141. Attorney general to initiate proceedings for violation — penalties — defenses — action barred, when. — 1. The attorney general may initiate proceedings relating to a knowing violation of sections 407.1135 to 407.1141. Such proceedings may include an injunction, a civil …

407.1150. Publishing or disseminating criminal record information prohibited — definitions — violation, penalty. — 1. As used in this section, the following words and phrases shall mean: (1) "Booking photograph", a photograph of a subject individual that was taken in this state b…

407.120. Provisions of this chapter no bar to other civil actions. — The provisions of sections 407.010 to 407.130 shall not bar any civil claim against any person who has acquired any moneys or property, real or personal, by means of any practice declared to be unlawful by this …

407.1240. Definitions. — As used in sections 407.1240 to 407.1252, the following terms shall mean: (1) "Business day", every day except Sundays and holidays; (2) "Holiday", any day that the United States Post Office is closed; (3) "Membership fee", the initial or reoccurring fee …

407.1243. Registration statement required, content — approval by attorney general, procedure — grandfather clause. — 1. No travel club may offer vacation benefits for sale unless the travel club maintains an effective registration statement with the Missouri attorney general that…

407.1246. Renewal of registration, procedure, fee. — Each travel club registered under sections 407.1240 to 407.1252 may renew its registration by filing with the attorney general a registration renewal statement containing all of the information required in section 407.1243 with…

407.1249. Right to rescind and cancel, time period allowed. — Assuming a purchaser returns to the travel club all materials of value delivered to the purchaser at closing, all purchasers of travel club memberships from a travel club that is registered shall have the nonwaivable r…

407.125. Chapter not limitation for commissioner of securities. — The provisions of this chapter shall not bar the commissioner of securities from administering the provisions of chapter 409. ­­-------- (L. 2000 S.B. 896)

407.1252. Complaint procedure — violations, remedy. — 1. Any individual who purchases a travel club membership from a travel club and has a complaint resulting from that purchase transaction has the option, in addition to filing a civil suit, to file a written complaint with the …

407.130. Assessment of court costs. — In any action brought under the provisions of section 407.100, the attorney general is entitled to recover as costs, in addition to normal court costs, the cost of the investigation and prosecution of any action to enforce the provisions of t…

407.1320. Definitions. — As used in sections 407.1320 to 407.1346, the following terms shall mean: (1) "Area of sales responsibility", the geographical area agreed to by the dealer and manufacturer in the RV manufacturer/dealer agreement in which the dealer has the exclusive righ…

407.1323. Recreational vehicle manufacturers and dealers, written agreement required, when — sales of RVs, conditions. — 1. All manufacturers and dealers doing business in this state must have a written agreement signed by both parties. This law shall supercede any conflicting st…

407.1326. Termination notice, requirements, contents. — 1. Except as provided in this section, a manufacturer shall provide an RV dealer at least one hundred twenty days prior written notice of termination. The notice shall state all the reasons for termination and shall further …

407.1329. Repurchase upon termination of agreement. — If the RV dealer agreement is terminated, cancelled, or not renewed by the manufacturer for cause, or if the dealer voluntarily terminates an RV dealer agreement in a manner permitted by such agreement, or if the manufacturer …

407.1332. Change in ownership, notice — rejection of change, notice. — 1. If a recreation vehicle dealer desires to make a change in its ownership by the sale of the business assets, stock transfer, or otherwise, the recreation vehicle dealer must give the manufacturer thirty day…

407.1335. Succession in dealerships, conditions, restrictions and prohibitions. — It is unlawful for any manufacturer to fail to provide a dealer an opportunity to designate, in writing, a member of the dealer's family as a successor to the dealership in the event of the death, i…

407.1338. Warranty service, warrantor to provide written obligations — compensation of dealer for warranty service, submission of warranty claims, procedure. — 1. Each warrantor shall specify in writing to each of its RV dealers, obligations, if any, for preparation, delivery and…

407.1340. Violation of dealer agreement. — Notwithstanding the terms of any RV manufacturer/dealer agreement, it shall be a violation of this chapter for: (1) Any warrantor to fail to indemnify and hold harmless its dealer against any losses or damages, to the extent such losses …

407.1343. Damage to new RVs, written disclosure to dealer required, when — reversion of ownership to manufacturer or distributor, when. — 1. On any new RV, any uncorrected, significant damage or any corrected damage exceeding five hundred dollars or ten percent of the dealer's in…

407.1346. New RV dealership, restrictions on operation or ownership by a manufacturer. — 1. A manufacturer shall be prohibited from owning or operating a new RV dealership in this state. It is not a violation of this section for a manufacturer to own or operate a new RV dealershi…

407.1355. Social Security numbers, prohibited actions involving. — 1. Except as provided in this section a person or entity, not including a state or local agency, shall not do any of the following: (1) Publicly post or publicly display in any manner an individual's Social Securi…

407.1360. Definitions. — As used in sections 407.1360 to 407.1370, the following terms shall mean: (1) "Boat dealer", any natural person, partnership, or corporation who, for a commission or with an intent to make a profit or gain of money or other thing of value, sells, barters,…

407.1362. Dealership agreements, good cause needed to terminate or cancel. — No boat, marine, vessel, or personal watercraft manufacturer, directly or through any officer, agent or employee, may terminate, cancel or fail to renew a dealership agreement of a boat, marine, or vesse…

407.1364. Notice of termination or cancellation, contents. — 1. Except as provided in this section, a boat, marine, vessel, or personal watercraft manufacturer shall provide a boat, marine, vessel, or personal watercraft dealer at least ninety days' prior written notice of termin…

407.1366. Change in ownership, notice required. — 1. If a boat, marine, vessel, or personal watercraft dealer desires to make a change in its ownership by the sale of the business assets, stock transfer, or otherwise, the dealer must give the manufacturer ninety days' written not…

407.1368. Repurchase required, when. — If the boat, marine, vessel, or personal watercraft dealer agreement is terminated, cancelled or not renewed by the manufacturer for cause, the manufacturer shall, at the election of the boat, marine, vessel, or personal watercraft dealer, w…

407.1370. Applicability. — The provisions of sections 407.1360 to 407.1370 shall apply to all dealership agreements entered into or renewed on or after January 1, 2005. ­­-------- (L. 2004 H.B. 1288)

407.1380. Definitions. — As used in sections 407.1380 to 407.1384, the following terms shall mean: (1) "Account review", activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements; (2) "Consumer", any individual; (3) "Consu…

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. — 1. A consumer may request that a consumer credit reporting agency place a …

407.1384. Agency liability for failure to comply, damages and equitable relief. — 1. Any consumer credit reporting agency that knowingly fails to comply with the provisions of sections 407.1380 to 407.1384 shall be liable to the consumer who is subject to the credit report in an …

407.1385. Processing of applications for credit — effect of security freeze. — It shall not be considered a violation of any law that requires an application for credit to be processed within a specified time frame if a creditor is unable to meet this time frame because of inabil…

407.140. Merchandising practices revolving fund established — funding — administration purposes. — 1. There is created in the state treasury a special trust fund for the office of the attorney general, to be known as the "Merchandising Practices Revolving Fund", which shall consi…

407.1400. Processing services agreements, required disclosures — inapplicability, when. — 1. Any person or entity that offers a credit card processing service in this state shall disclose the following information on any contract or agreement to render a credit card processing se…

407.145. Rulemaking, authority, limitation. — The attorney general shall have the authority to promulgate, in accordance with the provisions of chapter 536, all rules necessary to the administration and enforcement of the provisions of this chapter. Such rules may include, but ne…

407.1500. Definitions — notice to consumer for breach of security, procedure — attorney general may bring action for damages. — 1. As used in this section, the following terms mean: (1) "Breach of security" or "breach", unauthorized access to and unauthorized acquisition of perso…

*407.1610. Speculative accumulation of asphalt shingles prohibited. — It shall be unlawful for any person or entity to engage in the speculative accumulation of asphalt roofing shingles in any city not within a county. For the purposes of this section, the term "speculative accum…

407.200. Unsolicited merchandise, how disposed of. — Where unsolicited merchandise is delivered to a person for whom it is intended, such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner w…

407.2020. Definitions. — For purposes of sections 407.2020 to 407.2090, the following terms mean: (1) "Commercial transaction", a transaction involving a motor vehicle in which the motor vehicle will primarily be used for business purposes rather than personal purposes; (2) "Cons…

407.2025. Products, offered, sold or given, when — charges for, separately stated — extension of credit. — 1. Motor vehicle financial protection products may be offered, sold, or given to consumers in this state in compliance with sections 407.2020 to 407.2090. 2. Any amount char…

407.2030. Definitions. — For purposes of sections 407.2030 to 407.2055, the following terms mean: (1) "Administrator", any person, other than an insurer or creditor, who performs administrative or operational functions for debt waiver programs; (2) "Borrower", a debtor or retail …

407.2035. Debt waiver obligations, insuring of by retail sellers and creditors, requirements. — 1. (1) A retail seller shall insure its debt waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor, other than a retail seller, ma…

407.2040. Debt waiver insurance policies, requirements and coverage. — 1. Contractual liability or other insurance policies insuring debt waivers shall state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive unde…

407.2045. Debt waiver disclosure requirements. — Debt waivers shall disclose in writing and in clear, understandable language that is easy to read the following: (1) The name and address of the initial creditor and the borrower at the time of sale, and the identity of any adminis…

407.2050. Debt waiver cancellation — free-look period — default. — 1. Debt waivers shall provide that if a borrower cancels a debt waiver within the free-look period, the borrower shall be entitled to a full refund of the amount the borrower paid, if any, so long as no benefits h…

407.2055. Debt waivers exempt, when. — 1. Debt waivers offered by state or federal banks or credit unions in compliance with applicable state or federal law shall be exempt from the provisions of sections 407.2020 to 407.2090. 2. The provisions of sections 407.2045 and 407.2080 s…

407.2060. Definitions. — For purposes of sections 407.2060 to 407.2075, the following terms mean: (1) "Administrator", any person who is responsible for the administrative or operational functions of vehicle value protection agreements including, but not limited to, the adjudicat…

407.2065. Administration of agreements, use of administrator or designee — sale of agreements — obligations to contract holders, requirements. — 1. A provider may, but is not required to, use an administrator or other designee to be responsible for any and all of the administrati…