reglab/housing_qa huggingface dataset:
MO Rev Stat § 407.1025 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1025 - Definitions.

Effective - 28 Aug 2021, 3 histories   407.1025. Definitions. — As used in sections 407.1025 to 407.1049, unless the context otherwise requires, the following terms mean:  (1) "Administrative hearing commission", the body established in chapter 621 to conduct administrative hearings;  (2) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use, with an unladen dry weight of one thousand five hundred pounds or less, traveling on three, four or more nonhighway tires, with either:  (a) A seat designed to be straddled by the operator, and handlebars for steering control, but excluding an electric bicycle as defined in section 301.010; or  (b) A width of fifty inches or less, measured from outside of tire rim to outside of tire rim, regardless of seating or steering arrangement;  (3) "Coerce", to force a person to act in a given manner or to compel by pressure or threat but shall not be construed to include the following:  (a) Good faith recommendations, exposition, argument, persuasion or attempts at persuasion;  (b) Notice given in good faith to any franchisee of such franchisee's violation of terms or provisions of such franchise or contractual agreement;  (c) Any other conduct set forth in section 407.1043 as a defense to an action brought pursuant to sections 407.1025 to 407.1049; or  (d) Any other conduct set forth in sections 407.1025 to 407.1049 that is permitted of the franchisor or is expressly excluded from coercion or a violation of sections 407.1025 to 407.1049;  (4) "Franchise", a written arrangement or contract for a definite or indefinite period, in which a person grants to another person a license to use, or the right to grant to others a license to use, a trade name, trademark, service mark, or related characteristics, in which there is a community of interest in the marketing of goods or services, or both, at wholesale or retail, by agreement, lease or otherwise, and in which the operation of the franchisee's business with respect to such franchise is substantially reliant on the franchisor for the continued supply of franchised new motorcycles or all-terrain vehicles, parts and accessories for sale at wholesale or retail;  (5) "Franchisee", a person to whom a franchise is granted;  (6) "Franchisor", a person who grants a franchise to another person;  (7) "Motorcycle", a motor vehicle operated on two wheels, but excluding an electric bicycle as defined in section 301.010;  (8) "New", when referring to motorcycles or all-terrain vehicles or parts, means those motorcycles or all-terrain vehicles or parts which have not been held except as inventory, as that term is defined in subdivision (4) of section 400.9-109;  (9) "Person", a sole proprietor, partnership, corporation, or any other form of business organization. ­­-------- (L. 1998 H.B. 1055 § 1, A.L. 2020 H.B. 1963, A.L. 2021 S.B. 176)
MO Rev Stat § 407.1028 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1028 - Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses.

Effective - 28 Aug 1998   407.1028. Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses. — Any person who is engaged or engages directly or indirectly in purposeful contacts within the state of Missouri in connection with the offering, advertising, purchasing, selling, or contracting to purchase or to sell new motorcycles or all-terrain vehicles, or who, being a motorcycle or all-terrain vehicle franchisor, is transacting or transacts any business with a motorcycle or all-terrain vehicle franchisee who maintains a place of business within the state and with whom the person has a franchise, shall be subject to the jurisdiction of the courts of the state of Missouri, upon service of process in accordance with the provisions of section 506.510, irrespective of whether such person is a manufacturer, importer, distributor or dealer in new motorcycles or all-terrain vehicles. ­­-------- (L. 1998 H.B. 1055 § 2)
MO Rev Stat § 407.1037 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1037 - Location of dealerships in City of St. Louis.

Effective - 28 Aug 1998   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 establish or relocate such dealership in an area within such city that improves the equitable distribution of dealerships within such city and is conveniently located to serve minorities who reside in such city. ­­-------- (L. 1998 H.B. 1055 § 5)
MO Rev Stat § 407.1040 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1040 - License approval in metropolitan areas, minorities.

Effective - 28 Aug 1998   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 Management and Budget or its successor agency shall ensure that the community of dealer franchises shall reflect an adequate percentage of minority-owned businesses. ­­-------- (L. 1998 H.B. 1055 § 6)
MO Rev Stat § 407.1043 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1043 - Defenses.

Effective - 28 Aug 1998   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 has failed to substantially comply with reasonable and lawful requirements imposed by the franchise and other agreements ancillary or collateral thereto, or if the motorcycle or all-terrain vehicle franchisee, or any of its officers, have been convicted of a felony relevant to business honesty or business practices, or if the motorcycle or all-terrain vehicle franchisee has ceased conducting its business or has abandoned the franchise, or is insolvent as that term is defined in subdivision (23) of section 400.1-201, or has filed a voluntary petition in bankruptcy, or has made an assignment for benefit of creditors, or has been the subject of an involuntary proceeding under the Federal Bankruptcy Act or under any state insolvency law which is not vacated within twenty days from the institution thereof, or there has been an appointment of a receiver or other officer having similar powers for the motorcycle or all-terrain vehicle franchisee or the motorcycle or all-terrain vehicle franchisee's business who is not removed within twenty days from the person's appointment, or there has been a levy under attachment, execution or similar process which is not within ten days vacated or removed by payment or bonding, and it shall be a defense to any action brought pursuant to sections 407.1025 to 407.1049 that the complained of conduct by a motorcycle or all-terrain vehicle franchisor was undertaken in good faith in pursuit of rights or remedies accorded to a motorcycle or all-terrain vehicle franchisor as a seller of goods or a holder of a security interest pursuant to the provisions of chapter 400. ­­-------- (L. 1998 H.B. 1055 § 7)
MO Rev Stat § 407.1046 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1046 - False advertising prohibited.

Effective - 28 Aug 1998   407.1046. False advertising prohibited. — No franchisee or franchisor shall use any false, deceptive or misleading advertising. ­­-------- (L. 1998 H.B. 1055 § 8)
MO Rev Stat § 407.1049 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1049 - Civil action, remedies.

Effective - 28 Aug 1998   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 franchisor with whom the franchisee has a franchise, for an act or omission which constitutes an unlawful practice as defined in section 407.1034 to recover damages sustained by reason thereof, and, where appropriate, such motorcycle or all-terrain vehicle franchisee shall be entitled to injunctive relief, but the remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. ­­-------- (L. 1998 H.B. 1055 § 9)
MO Rev Stat § 407.1062 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1062 - Structured settlement payment transfers, requirements.

Effective - 28 Aug 1999   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 transfer of structured settlement payment rights unless the transfer has been approved in advance in an order of a court of competent jurisdiction, based on the court's express findings that:  (1) The transfer complies with the requirements of sections 407.1060 to 407.1068 and does not contravene other applicable law;  (2) Not less than ten days prior to the date on which the payee entered into the transfer agreement, the transferee has provided to the payee a disclosure statement in bold type, no smaller than fourteen point, setting forth:  (a) The amounts and due dates of the structured settlement payments to be transferred;  (b) The aggregate amount of the payments;  (c) The discounted present value of the payments, together with the discount rate or rates used in determining the discounted present value;  (d) The gross amount payable to the payee in exchange for the payments; and  (e) An itemized listing of all brokers' commissions, service charges, application or processing fees, closing costs, filing or administrative charges, legal fees, notary fees and other commissions, fees, costs, expenses and charges payable by the payee or deductible from the gross amount otherwise payable to the payee;  (3) The transfer is in the best interest of the payee and the payee's dependents;  (4) The transferee has given written notice of the transferee's name, address and taxpayer identification number to all interested parties and has filed a copy of the notice with the court;  (5) The payee has consented in writing to the transfer;  (6) The payee has been represented by disinterested counsel in connection with the transfer or the payee understands the nature of the transaction and the economic consequences of the transaction; and  (7) The payment to be made to the payee by the transferee is equal to the fair market value of the structured settlement rights being transferred. ­­-------- (L. 1999 S.B. 1, et al. § 4)
MO Rev Stat § 407.1064 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1064 - Approval by court, notice.

Effective - 28 Aug 1999   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 the structured settlement agreement.  2. Not less than twenty days prior to the scheduled hearing on any application for court approval of a transfer of structured settlement payment rights pursuant to section 407.1062, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for its approval, including in the notice:  (1) A copy of the transferee's application to the court;  (2) A copy of the disclosure statement required pursuant to subdivision (2) of section 407.1062; and  (3) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application may be filed by interested parties, which shall be not less than ten days after service of the transferee's notice, in order to be considered by the court.  3. The provisions of sections 407.1060 to 407.1068 may not be waived. ­­-------- (L. 1999 S.B. 1, et al. § 5)
MO Rev Stat § 407.1066 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1066 - Right to rescind — limitation of liability — limitation of jurisdiction.

Effective - 28 Aug 1999   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 notice of rescission to the transferee at any time during the five days following the signing of the transfer agreement.  2. Any provision in a transfer agreement to pay liquidated damages, penalties, fees, actual or punitive damages, attorneys' fees or costs of any kind or nature to any person, firm, corporation or other entity which will be a party or third-party beneficiary to the transfer or transfer agreement shall be unenforceable.  3. Nothing contained in sections 407.1060 to 407.1068 shall be construed to authorize any transfer of structured settlement payment rights or other rights arising under a tort claim or a workers' compensation claim in contravention of applicable law or to give effect to any transfer of such rights that is invalid under applicable law.  4. Any provision in a transfer agreement that consents to jurisdiction in the courts of another state, requires appointment of an agent for service of process, confesses judgment, or selects a forum for resolution of disputes arising out of a transfer agreement shall be unenforceable. ­­-------- (L. 1999 S.B. 1, et al. § 6)
MO Rev Stat § 407.1068 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1068 - Application of law.

Effective - 28 Aug 1999   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)
MO Rev Stat § 407.1079 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1079 - Telemarketers required to keep certain records.

Effective - 28 Aug 2000   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, format or place as they keep such records in the ordinary course of business, including but not limited to:  (1) All substantially different advertising, brochures, telemarketing scripts and promotional materials;  (2) For any prize with a value of twenty-five dollars or greater, the name and last known address of each prize recipient and the prize awarded;  (3) The name and last known address of each consumer, the merchandise purchased, the date such merchandise was shipped or provided and the amount paid by the consumer for the merchandise;  (4) The name, any fictitious name used, the last known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales, provided, that if the seller permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and  (5) All written authorizations required to be provided or received pursuant to sections 407.1070 to 407.1085.  2. For offers of consumer credit products subject to The Truth in Lending Act, 15 U.S.C. et seq., and Regulation Z, 12 CFR 226, compliance with the record-keeping requirements pursuant to The Truth in Lending Act and Regulation Z shall constitute compliance with subdivision (3) of subsection 1 of this section.  3. The seller and the telemarketer calling on behalf of the seller may, by written agreement, allocate responsibility between themselves for the record keeping required by this section. When a seller and telemarketer have entered into such an agreement, the terms of the agreement shall govern, and the seller or telemarketer, as the case may be, need not keep records that duplicate those of the other. If the agreement is unclear as to who must maintain any required record, or if no such agreement exists, the seller shall be responsible for complying with subdivisions (1), (2), (3) and (5) of subsection 1 of this section and the telemarketer shall be responsible for complying with subdivision (4) of subsection 1 of this section.  4. In the event of any dissolution or termination of the telemarketer's business, the telemarketer shall maintain all records as required pursuant to this section. In the event of any sale, assignment or other change in ownership of the seller's business, the successor shall maintain all records required pursuant to this section. ­­-------- (L. 2000 S.B. 763)
MO Rev Stat § 407.1082 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1082 - Penalties — criminal penalties — civil damages.

Effective - 01 Jan 2017, 2 histories   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 407.010 to 407.130, the violator shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130. The remedies available in this section are cumulative and in addition to any other remedies available by law.  2. Any person who willfully and knowingly engages in any act or practice declared to be unlawful by any provision of subdivisions (2) to (5) of section 407.1076 shall be guilty of a class A misdemeanor. Any person who willfully and knowingly engages in any act or practice declared to be unlawful by any provision of subdivision (1) of section 407.1076, or of subdivisions (6) to (11) of section 407.1076, shall be guilty of a class E felony. Any person previously convicted of a class E felony pursuant to this subsection shall, for each subsequent conviction, be guilty of a class E felony punishable by the term of years set out for a class E felony, but with a fine of not more than five thousand dollars or a fine equal to triple the gain, with no limit on the amount recoverable pursuant to any triple-the-gain penalty. Any person who willfully and knowingly fails to keep the records required in section 407.1079 shall be guilty of a class A misdemeanor.  3. In addition to the remedies already provided in sections 407.1070 to 407.1085, any consumer that suffers a loss or harm as a result of any unlawful telemarketing act or practice pursuant to section 407.1076 may recover actual and punitive damages, reasonable attorney's fees, court costs and any other remedies provided by law. ­­-------- (L. 2000 S.B. 763, A.L. 2014 S.B. 491)  Effective 1-01-17
MO Rev Stat § 407.1090 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1090 - Required disclosures for entities soliciting contributions.

Effective - 28 Aug 2000   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 all called parties the net percentage of contributions that go to the organization for which the contribution is solicited. ­­-------- (L. 2000 S.B. 763 § 1)
MO Rev Stat § 407.1095 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1095 - Definitions.

Effective - 28 Aug 2012   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 subscriber", a person who, for primarily personal and familial use, has subscribed to residential telephone service, wireless service or similar service, or the other persons living or residing with such person;  (3) "Telephone solicitation", any voice, facsimile, short messaging service (SMS), or multimedia messaging service (MMS), for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, but does not include communications:  (a) To any residential subscriber with that subscriber's prior express invitation or permission;  (b) By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past one hundred eighty days or a current business or personal relationship;  (c) By or on behalf of an entity organized pursuant to Chapter 501 (c)(3) of the United States Internal Revenue Code, while such entity is engaged in fund-raising to support the charitable purpose for which the entity was established provided that a bona fide member of such exempt organization makes the voice communication;  (d) By or on behalf of any entity over which a federal agency has regulatory authority to the extent that:  a. Subject to such authority, the entity is required to maintain a license, permit or certificate to sell or provide the merchandise being offered through telemarketing; and  b. The entity is required by law or rule to develop and maintain a no-call list;  (e) By a natural person responding to a referral, or working from his or her primary residence, or a person licensed by the state of Missouri to carry out a trade, occupation or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation or profession within the state or counties contiguous to the state. ­­-------- (L. 2000 S.B. 763, A.L. 2012 H.B. 1549)
MO Rev Stat § 407.1098 (2021)
2021 Missouri Revised Statutes|Title XXVI - Trade and Commerce|Chapter 407 - Merchandising Practices|Section 407.1098 - Telephone solicitation of member on no-call list prohibited.

Effective - 28 Aug 2012   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 pursuant to section 407.1101 of such subscriber's objection to receiving telephone solicitations. ­­-------- (L. 2000 S.B. 763, A.L. 2012 H.B. 1549)