Title XXVI — TRADE AND COMMERCE

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…

407.350. 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 …

407.357. Blind bidding permitted, when — invitation to bid, contents — license agreement voidable, damages. — Notwithstanding any other provisions of sections 407.350 to 407.357, a distributor of motion pictures may blind bid motion pictures based upon a play or review which has …

407.400. Definitions. — As used in sections 407.400 to 407.420: (1) "Franchise" means a written or oral arrangement for a definite or indefinite period, in which a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic, a…

407.405. Pyramid sales schemes prohibited — cancellation of franchise without notice prohibited, exceptions. — No person shall, directly or through the use of agents or intermediaries, in connection with the sale or distribution of goods, service, or other property, sell, offer o…

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…