Title XXVI — TRADE AND COMMERCE

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 …

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…