Title XXVI — TRADE AND COMMERCE

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…

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…

[Repealed or reserved.]

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…