Title XXVI, TRADE AND COMMERCE

407.410. Double damages, when — limitation on actions — cancellation of franchise without notice grounds for award of damages. — 1. Any contract made in violation of section 407.405 is void and any person who, directly or through the use of agents or intermediaries, induces or ca…

407.413. Wholesale liquor franchises, discrimination prohibited, when — supplier not to alter franchise without cause — good faith defined — damages to franchise holder, when — provisions applicable when — substantially amended defined. — 1. If more than one franchise for the sam…

407.415. Attorney general may obtain injunction, when — bond not required. — In addition to other penalties and remedies provided in sections 407.400 to 407.420, whenever it appears that any person is engaged or is about to engage in any act or practice which constitutes a pyrami…

407.420. Penalty — duty to enforce — jurisdiction of attorney general. — Any person willfully violating any of the provisions of section 407.405 is guilty of a class E felony. It shall be the duty of each prosecuting attorney and circuit attorney in their respective jurisdictions…

407.430. Citation of law. — Sections 407.430 to 407.436 shall be known and may be cited as the "Credit User Protection Law". ­­-------- (L. 1991 S.B. 112)

407.431. Attorney general, authority to enforce. — The attorney general shall have all powers, rights, and duties regarding violations of sections 407.430 to 407.436 as are provided in sections 407.010 to 407.130, in addition to rulemaking authority under section 407.145. ­­-----…

407.432. Definitions. — As used in sections 407.430 to 407.436, the following terms shall mean: (1) "Acquirer", a business organization, financial institution, or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit c…

407.433. Protection of credit card account numbers, penalty, exceptions — effective date, applicability. — 1. No person, other than the cardholder, shall disclose more than the last five digits of a credit card account number on any sales receipt provided to the cardholder for me…

407.434. Counterfeit credit cards, unlawful practices — defrauding issuer — authorization of acquirer. — 1. A person or employee of a person who is authorized by an acquirer to furnish money or merchandise upon presentation of a credit card by a cardholder and furnishes money or …

407.435. Card scanner, illegal use of — penalty. — 1. A person commits the offense of illegal use of a card scanner if the person: (1) Directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information stored in the …

407.436. Defacing a credit card reader, offense of, penalty. — A person commits the offense of defacing a credit card reader if a person damages, defaces, alters, or destroys a scanning device and the person has no right to do so. The offense of defacing a credit card reader is a…

407.450. Short title. — Sections 407.450 to 407.478 shall be known and may be cited as the "Charitable Organizations and Solicitations Law". ­­-------- (L. 1986 S.B. 685) Effective 5-01-86

407.453. Definitions. — As used in sections 407.450 to 407.478, the following terms shall mean: (1) "Charitable organization", any person, as defined in section 407.010, who does business in this state or holds property in this state for any charitable purpose and who engages in …

407.456. Registration and reports, who shall file, exceptions. — 1. Except for charitable organizations which are exempted under subsection 2 of this section, no charitable organization shall solicit funds in this state, nor employ a professional fund-raiser to solicit funds in t…

407.459. Register of documents, maintained by attorney general — public inspection, exception. — The attorney general shall establish and maintain a register of all documents filed by charitable organizations in accordance with the provisions of sections 407.450 to 407.478. Such …

407.462. Registration and reports, required of soliciting organization, fee — form — exceptions. — 1. No charitable organization shall solicit funds in this state, nor employ a professional fund-raiser to solicit funds in this state, for any charitable purpose, unless it has file…

407.466. Registration by fund-raisers — form — oath — fees. — 1. No person shall act as a professional fund-raiser for any charitable organization unless he is registered with the attorney general and such registration has not expired or been cancelled. Applications for registrat…

407.469. Disclosure of fund-raising costs and use of professional fund-raiser. — 1. All charitable organizations required to submit an annual report under section 407.462 shall, upon request, disclose the percentage of the funds solicited which were spent on the costs of fund rai…

407.472. Investigations by attorney general — investigative demand, how served — injunction, procedure. — 1. When it appears to the attorney general that a person has engaged in, is engaging in or is about to engage in any method, use, act or practice declared to be unlawful by s…

407.475. No additional annual filing or reporting requirements, when — inapplicability. — 1. Except when specifically required or authorized by federal law, no state agency or state official shall impose any additional annual filing or reporting requirements on an organization re…

407.478. Provisions of charitable organizations and solicitations law no bar to other civil actions. — Nothing in sections 407.450 to 407.478 shall be construed to preclude any person or group of persons from asserting any private cause of action they might have against a charita…

407.485. Unwanted household items, collection of deemed unfair business practice, when — receptacles, requirements. — 1. It shall be an unfair business practice in violation of section 407.020 for a for-profit entity or natural person to collect unwanted household items via a pub…

407.489. No ordinance shall prohibit a nonprofit organization or veterans organization from reselling donated goods in an area with other retailers, limitation. — Notwithstanding any provision of section 89.020 to the contrary, the legislative body of all cities, towns, and villa…

407.511. Definitions. — As used in sections 407.511 to 407.556, unless the context clearly indicates otherwise, the following terms mean: (1) "Mileage", the actual distance that a vehicle has traveled; (2) "Odometer", an instrument for measuring and recording the actual distance …

407.516. Odometer fraud, first degree, penalty. — 1. A person commits the offense of odometer fraud in the first degree if he or she advertises for sale, sells, installs or has installed any device which causes an odometer to register any mileage other than the true mileage drive…

407.521. Odometer fraud, second degree, penalty. — 1. A person commits the offense of odometer fraud in the second degree if he or she, with the intent to defraud disconnects, resets, or alters the odometer of any motor vehicle with the intent to change the number of miles indica…

407.526. Odometer fraud, third degree, penalty. — 1. A person commits the crime of odometer fraud in the third degree if, with the intent to defraud, he operates a motor vehicle less than twenty years old on any street or highway knowing that the odometer of the motor vehicle is …

407.531. Repair or replacement — notice of alteration, how shown, removal prohibited, penalty. — 1. Nothing in sections 407.511 to 407.556 shall prevent the service, repair, or replacement of an odometer, provided the mileage indicated thereon remains the same as before the servi…

407.536. Odometer mileage to be shown on title, when — incorrect mileage on odometer, procedure — duties of director of revenue — falsifying odometer reading, penalty — liens on motor vehicle, release of, statement not required — power of attorney, when. — 1. Any person transferr…

407.542. Attempt to commit odometer fraud in first or second degree, penalties. — 1. A person is guilty of attempt to commit odometer fraud in the first degree or odometer fraud in the second degree when, with the purpose of committing the offense, he does any act which is a subs…

407.543. Conspiracy to commit odometer fraud in first or second degree, penalty. — 1. A person is guilty of conspiring with another person or persons to commit odometer fraud in the first or second degree if, with the purpose of promoting or facilitating its commission he agrees …

407.544. Prior convictions for odometer frauds, court may increase sentence, penalties. — Notwithstanding any provision of law to the contrary, a court may enhance the sentence for any person convicted of violating section 407.516, 407.521, 407.526, 407.536, 407.542 or 407.543 wh…

407.546. Civil damages for odometer violations — venue. — 1. Any person who, with intent to defraud, violates any of the provisions of sections 407.511 to 407.556 shall be liable in civil damages to the purchaser or owner of the motor vehicle in an amount equal to three times the…

407.551. Injunction — action may include suspension or revocation of license. — 1. The attorney general or any prosecuting attorney of this state may bring an action in any circuit court for injunctive relief to restrain any violation of sections 407.511 to 407.556. 2. Notwithsta…

407.553. Attorney general or prosecutor to handle actions for violations, exception. — Notwithstanding other provisions of law to the contrary, the attorney general or the county prosecuting attorney shall have authority to file and prosecute any criminal or civil action authoriz…

407.556. Dealer or manufacturer in violation subject to revocation or suspension of licenses — laws not applicable to certain motor vehicles. — 1. A violation of the provisions of sections 407.511 to 407.556 by any person licensed or registered as a manufacturer or dealer pursuan…

407.558. Private civil action against prohibited except if a commercial relationship existed — definition of commercial relationship. — Notwithstanding any other provision of law to the contrary, no person, as defined in section 407.010, may bring a private civil action seeking m…

407.560. Definitions. — As used in sections 407.560 to 407.579, the following terms mean: (1) "Collateral charges", those additional charges to a consumer not directly attributable to a manufacturer's suggested retail price label for the new motor vehicle. For the purposes of sec…

407.563. Law applicable to breach of new motor vehicles warranties. — The provisions of sections 400.2-602 to 400.2-609 shall not apply to sales of new motor vehicles and such sales shall be governed by the provisions of sections 407.560 to 407.579. ­­-------- (L. 1984 H.B. 992 §…

407.565. Report of nonconformity required, when — repairs, duty of manufacturer or agent, when. — For the purposes of sections 407.560 to 407.579, if a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manuf…

407.567. Replacement of motor vehicle or refund of purchase price, when — allowance deducted for consumer's use — reimbursement, when, application for. — 1. If the manufacturer, through its authorized dealer or its agent, cannot conform the new motor vehicle to any applicable exp…

407.569. Affirmative defenses. — It shall be an affirmative defense to any claim under sections 407.560 to 407.579 that: (1) An alleged nonconformity does not substantially impair the use, market value, or safety of the motor vehicle; (2) A nonconformity is the result of abuse, n…

407.571. Presumptions of nonconformity — exception. — It shall be presumed that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties if within the terms, conditions, or limitations of the express warranty, or dur…

407.573. Warranty extension, when — complaint remedies information to be furnished — notice to manufacturer required — manufacturer's duties, time limitation. — 1. The terms, conditions, or limitations of the express warranty, or* the period of one year following the date of orig…

407.575. Manufacturer with approved settlement procedure, consumer's duty. — If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of the code of Federal Regulations, 16 CFR 703, provisions of sections 407.56…

407.577. Court action by consumer, costs, expenses, attorney's fees, how paid. — 1. If a consumer undertakes a court action after complying with the provisions of sections 407.560 to 407.579 and finally prevails in that action, he shall be allowed by the court to recover as part …