Title XXVI, TRADE AND COMMERCE

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…

407.200. 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…

407.2070. Agreement disclosures. — Vehicle value protection agreements shall disclose in writing and in clear, understandable language that is easy to read the following: (1) The name and address of the provider, contract holder, and administrator, if any; (2) The terms of the ve…

407.2075. Inapplicability to commercial transactions. — The provisions of sections 407.2070 and 407.2080 shall not apply to vehicle value protection agreements offered in connection with a commercial transaction. ­­-------- (L. 2023 S.B. 398)

407.2080. Enforcement by attorney general. — The attorney general may take action that is necessary or appropriate to enforce the provisions of sections 407.2020 to 407.2090 and to protect motor vehicle financial protection product consumers in this state. After proper notice and…

407.2085. Products not considered insurance, when. — Notwithstanding the provisions of section 407.2090, all motor vehicle financial protection products issued before and on and after August 28, 2023, shall not be considered insurance. ­­-------- (L. 2023 S.B. 398)

407.2090. Applicability, when. — The provisions of sections 407.2020 to 407.2090 shall apply to all motor vehicle financial protection products that become effective after February 23, 2024. ­­-------- (L. 2023 S.B. 398)

407.292. Precious metals, sale of — definitions — record of transactions, requirements — purchase from minor, requirements — weighing device, use of — applicability to pawnbrokers. — 1. As used in this section, the following words and terms have the following meanings, unless the…

407.295. Motor vehicle repairs, aftermarket crash part, defined — requirements — disclosure to owner — penalties. — 1. As used in this section, the following terms mean: (1) "Aftermarket crash part", a replacement for any of the nonmechanical sheet metal or plastic parts which ge…

407.297. Copper property peddlers — license required (St. Louis City) — definitions — fee, application procedure, revocation. — 1. Notwithstanding any other provision of law to the contrary, no person shall engage in the business of a copper property peddler in a city not within …

407.300. Certain materials, collectors and dealers to keep register, information required — catalytic converter transaction, limit on location — stolen catalytic converter, purchase of, penalties — exempt transactions. — 1. Every purchaser or collector of, or dealer in, junk, scr…

407.301. Metal beer keg, prohibition on purchase or possession by scrap metal dealer — violation, penalty. — 1. No scrap metal dealer shall knowingly purchase or possess a metal beer keg, whether damaged or undamaged, or any reasonably recognizable part thereof, on any premises t…

407.302. Metal belonging to various entities — scrap yard not to purchase — violation, penalty. — 1. No scrap yard shall purchase any metal that can be identified as belonging to a public or private cemetery, political subdivision, telecommunications provider, cable provider, wir…

407.303. Scrap metal dealers — payments in excess of $500 to be made by check — exceptions — violations, penalty. — 1. Any scrap metal dealer paying out an amount that is five hundred dollars or more shall make such payment by issuing a prenumbered check drawn on a regular bank a…

407.305. Bronze statuary, receptacles or memorials, record of purchase required of collectors and dealers — penalty. — 1. Whenever any collector of or dealer in junk or any secondhand property purchases any bronze cemetery vase or receptacle, any bronze cemetery memorial or any b…

407.307. Dealerships for farm implements, industrial maintenance, construction power equipment and outdoor power equipment — changes in ownership, rights of the dealer. — 1. The provisions of this section shall apply to: (1) Farm implement dealerships, as provided in sections 407…

407.309. Advertising restrictions — definitions — attorney general to enforce, when — civil penalty authorized. — 1. As used in this section, the following terms mean: (1) "Performing group", a vocal or instrumental group seeking to use the name of another group that has previous…

407.315. American Indian art or craft, no sale unless authentic — penalty. — 1. As used in this section, the following terms mean: (1) "American Indian", a person who is a citizen or enrolled member of an American Indian tribe; (2) "American Indian tribe", any Indian tribe federa…

407.325. Definitions. — As used in sections 407.325 to 407.340, the following terms shall mean: (1) "Business day", any day except a Sunday or a legal holiday; (2) "Buyer", a natural person who enters into a health spa contract; (3) "Contract price", the sum of all monthly fees e…

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. — 1. It shall be unlawful for any health spa to offer, advertise, or execute or cause to be execute…

407.329. Prepayment of contracts, treatment of funds, notice to attorney general, exceptions. — 1. Each health spa selling contracts or health spa services on a prepayment basis shall notify the office of the attorney general of the proposed location of the spa for which prepayme…

407.330. Contracts, in writing, required provisions — buyer's right to cancel. — 1. Every health spa contract for the sale of future health spa services which are paid for in advance or which the buyer agrees to pay for in future installments shall be in writing and shall contain…

407.332. Transfer or relocation of health spa, buyer's duties, rights, when — refund of moneys, amount, when — attorney general to represent buyers, when. — 1. The provisions of section 408.405 shall apply to any health spa contract with the following exceptions: (1) It shall not…

407.334. Contracts, signed by buyer — duration limit — voidable, when — waiver void, when. — 1. Every health spa contract shall be signed by the buyer, shall designate the date on which the buyer actually signed the contract and a copy of the contract shall be delivered to the bu…

407.335. Holder of contract or note subject to claims and defenses, notice. — All health spa contracts and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in at least 10-point, boldface type: NOTICE ANY H…

407.337. Assignment of contract, buyer's rights. — Whether or not the health spa has complied with the notice requirements of section 407.335, any right of action or defense arising out of a health spa contract which the buyer has against the health spa, and which would be cut of…

407.339. Bond, filed with attorney general, amount, exceptions — separate locations, bond required for each — claims against, cancellation of, when. — 1. Before entering into any nonprepayment health spa contract, every health spa except any health spa which has been engaged in s…

407.340. Bond, issued in favor of state of Missouri, payable to whom — aggregate liability — no cancellation without attorney general's consent. — 1. The bond or letter of credit required by section 407.339 shall be in favor of the state of Missouri for the benefit of: (1) Any bu…

407.3405. Sexual material harmful to minors — definitions — publishing on internet websites, age verification required — exception — attorney general enforcement — violations, penalties. — 1. As used in this section, the following terms mean: (1) "Age verification", a method by w…

407.350. Definitions. — As used in sections 407.350 to 407.357, unless the context clearly requires otherwise, the following terms mean: (1) "Bid", a written or oral proposal by an exhibitor to a distributor, which proposal is in response to an invitation to bid or negotiate and …

407.353. Blind bidding of motion pictures prohibited, when — distributors required to give notice of trade screening. — 1. Blind bidding of more than two motion pictures in any twelve-month period in the state of Missouri by the aggregate of all distributors, or their subsidiary …

407.355. General invitation to bid, contents — bidding procedure — exhibitor must have attended trade screening to bid. — 1. If bids are solicited from exhibitors for the purpose of entering into a license agreement, the invitation to bid shall specify: (1) The number and length …