Title XXVI — TRADE AND COMMERCE

407.005. Digital electronic equipment definition. — As used in this chapter, unless the context clearly requires otherwise, the term "digital electronic equipment" shall mean any product that depends for its functioning, in whole or in part, on digital electronics embedded in or …

407.010. Definitions. — As used in sections 407.010 to 407.130, the following words and terms mean: (1) "Advertisement", the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obliga…

407.020. Unlawful practices, penalty — exceptions. — 1. The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sal…

407.023. Representation of a business at wholesale trade shows or markets — proof of agency required. — 1. No person who alleges to represent a particular business at a wholesale trade show or market shall rent or lease space at the trade show or market unless he can produce writ…

407.025. Civil action to recover damages — class actions authorized, when — procedure. — 1. (1) Any person who purchases or leases merchandise primarily for personal, family or household purposes and thereby suffers an ascertainable loss of money or property, real or personal, as…

407.030. Voluntary compliance, assurance made, effect of — violation, penalty. — 1. In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act, use, practice or solicitation deemed to be violative of…

407.040. Investigations by attorney general — investigative demand, contents of, how served. — 1. When it appears to the attorney general that a person has engaged in or is engaging in any method, act, use, practice or solicitation declared to be unlawful by this chapter or when …

407.045. Self-incrimination — person claiming right not subject to criminal prosecution or penalty — procedure. — In any civil investigative demand served under section 407.040, no individual shall be permitted to refuse to answer any question material to the matter in controvers…

407.050. Evidence, when and where produced. — Documentary material, information, or physical evidence demanded pursuant to the provisions of sections 407.010 to 407.130 shall be produced during normal business hours at the principal office or place of business of the person serve…

407.060. Disclosure of information, material or evidence, limitation on — trade secrets require court order, when. — 1. No information, documentary material, or physical evidence requested pursuant to a civil investigative demand issued under section 407.040 shall, unless otherwi…

407.070. Petition to extend return date, when and where filed. — At any time before the return date specified in a civil investigative demand issued under section 407.040, or within twenty days after the civil investigative demand has been served, whichever period is shorter, a p…

407.080. Interference with or avoidance of a civil investigative demand prohibited, penalty — attorney general to enforce. — A person upon whom a civil investigative demand is served pursuant to the provisions of section 407.040 shall comply with the terms thereof unless otherwis…

407.090. Attorney general may request court order to produce evidentiary material — request filed where. — Whenever any person fails to comply with any civil investigative demand duly served upon him under section 407.040 or whenever satisfactory copying or reproduction of any su…

407.095. Order by attorney general prohibiting unlawful acts — procedure — expiration of order — penalty for violation. — 1. Whenever it appears to the attorney general that a person has engaged in, is engaging in or is about to engage in any method, act, use, practice or solicit…

407.100. Injunction — temporary restraining orders — receivers — restitution, when — civil penalty — venue — restitution funds payable to injured parties but interest payable to general revenue. — 1. Whenever it appears to the attorney general that a person has engaged in, is eng…

407.1025. Definitions. — As used in sections 407.1025 to 407.1049, unless the context otherwise requires, the following terms mean: (1) "Administrative hearing commission", the body established in chapter 621 to conduct administrative hearings; (2) "All-terrain vehicle", any moto…

407.1028. Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses. — Any person who is engaged or engages directly or indirectly in purposeful contacts within the state of Missouri in connection with the offering, advertising, purchasing, selling, or contractin…

407.1031. Procedure, before administrative hearing commission, application, notice, hearing, order, review. — 1. Any party seeking relief pursuant to the provisions of sections 407.1025 to 407.1049 may file an application for a hearing with the administrative hearing commission w…

407.1034. Unlawful merchandising practices by motorcycle or all-terrain vehicle (ATV) franchisor. — Notwithstanding the terms of any franchise agreement, the performance, whether by act or omission, by a motorcycle or all-terrain vehicle franchisor of any or all of the following …

407.1035. Relevant market area for motorcycle and all-terrain vehicle franchises, definitions. — 1. For purposes of this section, "relevant market area" means: (1) For a proposed franchisee or franchisee who plans to relocate his or her place of business in a county having a popu…

407.1037. Location of dealerships in City of St. Louis. — When a franchised dealer or manufacturer proposes to establish or relocate a motorcycle or all-terrain vehicle dealership within any city not within a county, the dealer or manufacturer shall make reasonable efforts to est…

407.1040. License approval in metropolitan areas, minorities. — The Missouri department of revenue, in approving licenses for dealer franchises in any metropolitan statistical area with a population of more than one million inhabitants as defined by the federal Office of Manageme…

407.1043. Defenses. — It shall be a defense for a motorcycle or all-terrain vehicle franchisor, to any action brought pursuant to sections 407.1025 to 407.1049 by a motorcycle or all-terrain vehicle franchisee, if it is shown that such motorcycle or all-terrain vehicle franchisee…

407.1046. False advertising prohibited. — No franchisee or franchisor shall use any false, deceptive or misleading advertising. ­­-------- (L. 1998 H.B. 1055 § 8)

407.1047. Compensation agreements between franchisors and franchisees engaged in sale of motorcycles and ATVs. — 1. The provisions of this section shall apply to franchisors and franchisees engaged in the sale of motorcycles and all-terrain vehicles. 2. Each franchisor shall spec…

407.1049. Civil action, remedies. — In addition to the administrative relief provided in sections 407.1025 to 407.1049, any motorcycle or all-terrain vehicle franchisee may bring an action in any court of competent jurisdiction against a motorcycle or all-terrain vehicle franchis…

407.105. Receiver, powers and duties of. — When a receiver is appointed by the court pursuant to section 407.100, he may sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records,…

407.1060. Definitions. — As used in sections 407.1060 to 407.1068, the following terms mean: (1) "Annuity issuer", an insurer that has issued an annuity contract to be used to fund periodic payments pursuant to a structured settlement; (2) "Code", the United States Internal Reven…

407.1062. Structured settlement payment transfers, requirements. — No transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of any t…

407.1064. Approval by court, notice. — 1. An application pursuant to sections 407.1060 to 407.1068 for approval of a transfer of structured settlement payment rights may be brought in the circuit court in the county in which the payee is domiciled, or in any court which approved …

407.1066. Right to rescind — limitation of liability — limitation of jurisdiction. — 1. A payee who enters into a transfer agreement shall have an absolute, irrevocable right to rescind and cancel such transfer agreement, with no penalty or other obligation, by giving written not…

407.1068. Application of law. — The provisions of sections 407.1060 to 407.1068 shall apply to any transfer of structured settlement payment rights pursuant to a transfer agreement reached on or after August 28, 1999. ­­-------- (L. 1999 S.B. 1, et al. § 7)

407.1070. Definitions. — As used in sections 407.1070 to 407.1085, the following terms shall mean: (1) "Advertisement", as defined in section 407.010; (2) "Caller identification service", a type of telephone service which permits telephone subscribers to see the telephone number …

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 s…

407.1076. Unlawful telemarketing acts or practices. — It is an unlawful telemarketing act or practice for any seller or telemarketer to engage in the following conduct: (1) Misrepresent any material fact required pursuant to section 407.1073. It is a defense to this subdivision i…

407.1079. Telemarketers required to keep certain records. — 1. A seller or telemarketer shall keep for a period of twenty-four months from the date the record is produced all verifiable authorizations and records as required in sections 407.1070 to 407.1085, in the form, manner, …

407.1082. Penalties — criminal penalties — civil damages. — 1. It is unlawful pursuant to section 407.020 to violate any provision of sections 407.1070 to 407.1085 or to misrepresent or omit the required disclosures of section 407.1073 or 407.1076, and pursuant to sections 407.01…

407.1085. Exemptions — attorney general to receive complaints. — 1. The following acts or practices are exempt from the provisions of sections 407.1070 to 407.1082: (1) Telephone calls in which the sale of merchandise is not completed, and payment or authorization of payment is n…

407.1090. Required disclosures for entities soliciting contributions. — When any entity is paid for soliciting contributions via telephone calls, and the pay is based on contributions received as a result of the phone call, the entity making the calls must disclose immediately to…

407.1095. Definitions. — As used in sections 407.1095 to 407.1110, the following words and phrases mean: (1) "Caller identification service", a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls; (2) "Residential …

407.1098. Telephone solicitation of member on no-call list prohibited. — No person or entity shall make or cause to be made any telephone solicitation to any residential subscriber in this state who has given notice to the attorney general, in accordance with rules promulgated pu…

407.110. Violation of injunction or restitution order, civil penalty. — Any person who violates the terms of an injunction, an order to make restitution, or any other judgment or order issued under section 407.100 shall forfeit and pay to the state a civil penalty of not more tha…

407.1101. Attorney general to create no-call list database — rules — inclusion of national database — database not a public record — no cost to subscribers. — 1. The attorney general shall establish and provide for the operation of a database to compile a list of telephone number…

407.1104. Caller identification service, telephone solicitor not to interfere with subscriber's use of service. — 1. Any person or entity who makes a telephone solicitation to any residential subscriber in this state shall, at the beginning of such solicitation, state clearly the…

407.1107. Penalties, attorney general to enforce — civil, criminal, injunctive relief — private actions — defenses — statute of limitations. — 1. The attorney general may initiate proceedings relating to a knowing violation or threatened knowing violation of section 407.1098 or 4…

407.1110. Advisory group for consumer protection from telemarketers — publication of information on consumer rights. — The attorney general shall establish an advisory group composed of government entities, local telecommunications companies, businesses, and senior citizen and ot…

407.1120. Definitions. — As used in sections 407.1120 to 407.1132, the following terms mean: (1) "Assist the transmission", actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate or transmit…

407.1123. Unsolicited electronic mail without either return email address or toll-free number prohibited — 1. No person or entity conducting business in this state shall electronically mail (email) or cause to be emailed documents consisting of advertising material for the lease,…

407.1126. Penalties. — It is an unlawful merchandising practice pursuant to section 407.020 to violate the provisions of sections 407.1120 to 407.1132. ­­-------- (L. 2000 S.B. 763 § 407.1320) Contingent expiration date, see § 407.1132

407.1129. Damages. — 1. Damages to the recipient of a commercial electronic mail message sent in violation of sections 407.1120 to 407.1132 are five hundred dollars, or actual damages, whichever is greater. 2. Damages to an interactive computer service resulting from a violation …