reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.516 - Odometer fraud, first degree, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 2017, 2 histories, see footnote
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 driven.
2. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.
3. Odometer fraud in the first degree is a class A misdemeanor.
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(L. 1983 S.B. 9, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.521 - Odometer fraud, second degree, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 2017, 2 histories, see footnote
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 indicated thereon.
2. The disconnection, resetting, or altering of any odometer while in the possession of the person shall be prima facie evidence of intent to defraud.
3. Odometer fraud in the second degree is a class E felony.
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(L. 1983 S.B. 9, A.L. 1986 S.B. 685, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.526 - Odometer fraud, third degree, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2021, 2 histories
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 disconnected or not functioning.
2. Odometer fraud in the third degree is a class C misdemeanor.
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(L. 1983 S.B. 9, A.L. 2021 S.B. 262)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.531 - Repair or replacement — notice of alteration, how shown, removal prohibited, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 1984, see footnote
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 service, repair, or replacement occurred.
2. When the repaired or replaced odometer is incapable of registering the same mileage as before the service, repair, or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent, specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced.
3. Removal or alteration of the notice required by subsection 2 of this section is an infraction.
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(L. 1983 S.B. 9)
Effective 1-01-84
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.542 - Attempt to commit odometer fraud in first or second degree, penalties.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 1984, see footnote
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 substantial step towards the commission of the offense. A
"substantial step"
is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.
2. It is no defense to a prosecution under this section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.
3. An attempt to commit odometer fraud in the first or second degree is a class C misdemeanor.
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(L. 1983 S.B. 9)
Effective 1-01-84
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.543 - Conspiracy to commit odometer fraud in first or second degree, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 1984, see footnote
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 with such other person or persons that they or one or more of them will engage in conduct which constitutes such an offense.
2. The provisions of section 562.014
*
shall apply to this section and as is provided in that section conspiring to commit odometer fraud in the first or second degree is a class C misdemeanor.
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(L. 1983 S.B. 9)
Effective 1-01-84
*Section 564.016 was transferred to section 562.014 by S.B. 491, 2014, effective 1-01-17.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.544 - Prior convictions for odometer frauds, court may increase sentence, penalties.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 2017, 2 histories, see footnote
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 who has a prior conviction for any one of the aforegoing sections to a fine and to a time of imprisonment within the department of corrections for a term not to exceed that otherwise authorized by law for violation of a class E felony.
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(L. 1983 S.B. 9, A.L. 1988 H.B. 1581, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.546 - Civil damages for odometer violations — venue.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jul 1989, see footnote
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 amount of actual damages sustained or two thousand five hundred dollars, whichever is the greater, and, in the case of any successful action to enforce the liability created by this section, the costs of the action together with reasonable attorney fees as determined by the court.
2. An action to enforce any liability created by subsection 1 of this section may be brought in the circuit court where the defendant resides or may be found or where the transfer of the ownership of the motor vehicle occurred, within two years from the date on which the liability arises.
3. Nothing contained in this section shall authorize a cause of action or damages against the seller of a motor vehicle, the odometer of which has been altered or tampered with by a previous owner, unless the seller knew or should have known of this alteration or tampering.
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(L. 1983 S.B. 9, A.L. 1986 H.B. 1153, A.L. 1988 H.B. 1581)
Effective 7-01-89
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.551 - Injunction — action may include suspension or revocation of license.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 1984, see footnote
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. Notwithstanding any other provision of chapter 536 or any other provision of law to the contrary, the attorney general or prosecuting attorney may after notice amend any such action to seek the revocation or suspension of any license issued by the department of revenue pursuant to chapter 301. The decision of the circuit court to revoke or suspend a license may be appealed as in any other civil matter.
3. The remedies available in this section are cumulative and in addition to any other remedies available.
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(L. 1983 S.B. 9)
Effective 1-01-84
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.553 - Attorney general or prosecutor to handle actions for violations, exception.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 1984, see footnote
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 authorized by sections 301.252 and 301.280 and sections 407.511 to 407.556 except for the civil action authorized by section 407.546.
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(L. 1983 S.B. 9)
Effective 1-01-84
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.556 - Dealer or manufacturer in violation subject to revocation or suspension of licenses — laws not applicable to certain motor vehicles.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2021, 2 histories
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 pursuant to the provisions of chapter 301, shall be considered a violation of the provisions of that chapter, subjecting that person to revocation or suspension of any license issued pursuant to the provisions of that chapter.
2. The provisions of sections 407.511 to 407.556 do not apply to the following motor vehicles:
(1) Any motor vehicle having a gross vehicle weight rating of more than sixteen thousand pounds;
(2) Any motor vehicle that is twenty years old or older;
(3) Any motor vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications; or
(4) Any new vehicle prior to its first transfer for purposes other than resale.
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(L. 1983 S.B. 9, A.L. 1989 S.B. 327, A.L. 1990 H.B. 1279, A.L. 2021 S.B. 262)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.558 - Private civil action against prohibited except if a commercial relationship existed — definition of commercial relationship.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 2008
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 monetary damages or other relief against any licensed motor vehicle dealer with whom such person did not have a commercial relationship. For purposes of this section,
"commercial relationship"
shall mean a relationship between a person and a licensed motor vehicle dealer which thereby directly results in the retail sale or lease of a motor vehicle or other related merchandise from that motor vehicle dealer to the retail purchaser or lessee but shall not include any motor vehicle dealer in the chain of commerce with whom the purchaser or lessee did not directly and personally negotiate or communicate. No provision in this section shall prohibit a person from pursuing against a manufacturer or seller of a new or used automobile any claim not arising under this chapter.
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(L. 2008 H.B. 1970 § 407.1373)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.560 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2021, 2 histories
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 sections 407.560 to 407.579, "collateral charges" includes all sales tax, license fees, registration fees, title fees and motor vehicle inspections;
(2)
"Comparable motor vehicle"
, an identical or reasonably equivalent motor vehicle;
(3)
"Consumer"
, the purchaser, other than for the purposes of resale, of a new motor vehicle, primarily used for personal, family, or household purposes, and any person to whom such new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to such new motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty;
(4)
"Express warranty"
, any written affirmation of the fact or promise made by a manufacturer to a consumer in connection with the sale of new motor vehicles which relates to the nature of the material or workmanship or will meet a specified level of performance over a specified period of time;
(5)
"Manufacturer"
, any person engaged in the manufacturing or assembling of new motor vehicles as a regular business;
(6)
"New motor vehicle"
, any motor vehicle being transferred for the first time from a manufacturer, distributor or new vehicle dealer, which has not been registered or titled in this state or any other state and which is offered for sale, barter or exchange by a dealer who is franchised to sell, barter or exchange that particular make of new motor vehicle. The term "new motor vehicle" shall include only those vehicles propelled by power other than muscular power, but the term shall not include vehicles used as a commercial motor vehicle, off-road vehicles, mopeds, electric bicycles as defined in section 300.010, motorcycles or recreational motor vehicles as defined in section 301.010, except for the chassis, engine, powertrain and component parts of recreational motor vehicles. The term "new motor vehicle" shall also include demonstrators or lease-purchase vehicles as long as a manufacturer's warranty was issued as a condition of sale.
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(L. 1984 H.B. 992 § 1, A.L. 2021 S.B. 176)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.563 - Law applicable to breach of new motor vehicles warranties.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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.
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(L. 1984 H.B. 992 § 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.565 - Report of nonconformity required, when — repairs, duty of manufacturer or agent, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 manufacturer, or its agent, during the term of such express warranties, or during the period of one year following the date of original delivery of the new motor vehicle to the consumer, whichever period expires earlier, the manufacturer, or its agent, shall make such repairs as are necessary to conform the new vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.
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(L. 1984 H.B. 992 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.569 - Affirmative defenses.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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, neglect, or unauthorized modifications or alterations of a motor vehicle;
(3) A claim by a consumer was not filed in good faith; or
(4) Any other affirmative defense allowed by law.
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(L. 1984 H.B. 992 § 4 subsec. 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.571 - Presumptions of nonconformity — exception.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 during the period of one year following the date of original delivery of the new motor vehicle to a consumer, whichever expires earlier, either:
(1) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agents, and such nonconformity continues to exist; or
(2) The new vehicle is out of service by reason of repair of the nonconformity by the manufacturer, through its authorized dealer or its agents, for a cumulative total of thirty or more working days, exclusive of down time for routine maintenance as prescribed by the manufacturer, since delivery of the new vehicle to the consumer. The thirty-day period may be extended by a period of time during which repair services are not available to the consumer because of conditions beyond the control of the manufacturer or its agents.
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(L. 1984 H.B. 992 § 4 subsec. 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.573 - Warranty extension, when — complaint remedies information to be furnished — notice to manufacturer required — manufacturer's duties, time limitation.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 original delivery of the new motor vehicle to a consumer, whichever expires earlier, may be extended if the new motor vehicle warranty problem has been reported but has not been repaired by the manufacturer, or its agent, by the expiration of the applicable time period.
2. The manufacturer shall provide information for consumer complaint remedies with each new motor vehicle. It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of sections 407.560 to 407.579, to give written notification to the manufacturer of the need for the repair of the nonconformity, in order to allow the manufacturer an opportunity to cure the alleged defect. The manufacturer shall immediately notify the consumer of a reasonably accessible repair facility of a franchised new vehicle dealer to conform the new vehicle to the express warranty. After delivery of the new vehicle to an authorized repair facility by the consumer, the manufacturer shall have ten calendar days to conform the new motor vehicle to the express warranty. Upon notification from the consumer that the new vehicle has not been conformed to the express warranty, the manufacturer shall inform the consumer if an informal dispute settlement procedure has been established by the manufacturer in accordance with section 407.575. However, if prior notice by the manufacturer of an informal dispute settlement procedure has been given, no further notice is required.
3. Any action brought under sections 407.560 to 407.579 shall be commenced within six months following expiration of the terms, conditions, or limitations of the express warranty, or within eighteen months following the date of original delivery of the new motor vehicle to a consumer, whichever is earlier, or, in the event that a consumer resorts to an informal dispute settlement procedure as provided in sections 407.560 to 407.579, within ninety days following the final action of any panel established pursuant to such procedure.
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(L. 1984 H.B. 992 § 5)
*Word "of" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.575 - Manufacturer with approved settlement procedure, consumer's duty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 407.560 to 407.579 concerning refunds or replacements shall not apply to any consumer who has not first resorted to such procedure.
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(L. 1984 H.B. 992 § 6)
(1989) Car manufacturer has affirmative duty to notify consumer if it has an informal dispute settlement procedure but has no duty to notify consumer that similar procedure was not established in accordance with statute and procedure did not toll the statute of limitation under the "lemon law." (Mo. App. E.D.) Stewart v. Sieben, Inc., 783 S.W.2d 432.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.577 - Court action by consumer, costs, expenses, attorney's fees, how paid.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action.
2. If any claim by a consumer under sections 407.560 to 407.579 is found by a court to have been filed in bad faith, or solely for the purpose of harassment, or in the absence of a substantial justifiable issue of either law or fact raised by the consumer, or for which the final recovery is not at least ten percent greater than any settlement offer made by the manufacturer prior to the commencement of the court action, then the consumer shall be liable for all costs and reasonable attorney's fees incurred by the manufacturer, or its agent, as a direct result of the bad faith claim.
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(L. 1984 H.B. 992 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.579 - Consumer's right to other remedies — law to apply, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
407.579. Consumer's right to other remedies — law to apply, when. —
1. Except as provided in subdivision (1) of section 407.560, nothing in sections 407.560 to 407.579 shall in any way limit the rights or remedies which are otherwise available to a consumer at law or in equity.
2. Sections 407.560 to 407.579 shall apply to any new motor vehicle sold after January 1, 1985.
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(L. 1984 H.B. 992 §§ 8, 9)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.583 - Warranty repairs, labor cost compensation to dealer.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 1990
407.583. Warranty repairs, labor cost compensation to dealer. —
When a dealer makes repairs to any motor vehicle or vessel pursuant to any warranty provision, the dealer shall receive from the manufacturer or distributor giving the warranty, reasonable compensation for labor at a rate no less than that posted by the dealer for labor not under warranty.
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(L. 1987 H.B. 232 § 1, A.L. 1990 H.B. 1279)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.585 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
407.585. Definitions. —
As used in sections 407.585 to 407.592, 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 farm machinery;
(2)
"Comparable farm machinery"
, an identical or reasonably equivalent piece of farm machinery;
(3)
"Consumer"
, the purchaser, other than for the purposes of resale, of new farm machinery, primarily used for agricultural purposes, and any person to whom such new farm machinery is transferred for the same purposes during the duration of an express warranty applicable to such new farm machinery, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty;
(4)
"Express warranty"
, any written affirmation of fact or promise made by a manufacturer to a consumer in connection with the sale of new farm machinery which relates to the nature of the material or workmanship or will meet a specified level of performance over a specified period of time. For the purposes of sections 407.585 to 407.592, express warranties do not include implied warranties;
(5)
"Farm machinery"
, any self-propelled equipment or machinery used for agricultural purposes being transferred for the first time from a manufacturer, distributor or new farm machinery dealer, which has not been registered or titled in this state or any other state and which is offered for sale, barter or exchange by a dealer who is franchised to sell, barter or exchange that particular make of new farm machinery;
"new farm machinery"
as defined in sections 407.585 to 407.592 shall include farm machinery propelled by power other than muscular power, but the term shall not include off-road vehicles other than self-propelled equipment and machinery used for agricultural purposes;
(6)
"Manufacturer"
, any person engaged in the manufacturing or assembling of new farm machinery as a regular business;
(7)
"Nonconformity"
, any condition of the farm machinery that makes it impossible to use for the purpose for which it was intended;
(8)
"Reasonable allowance for consumer use"
:
(a) That amount attributable to use by the consumer prior to the consumer's first report of the nonconformity to the manufacturer or its authorized dealers;
(b) That amount attributable to use by the consumer during any period subsequent to such report when the farm machinery is not out of service by reason of repair of the reported nonconformity; and
(c) That amount attributable to use by the consumer of the farm machinery provided by the manufacturer or its authorized dealer. While the machine is out of service by reason of repair of the reported nonconformity, but in any event not less than the fair rental value of the farm machinery.
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(L. 1987 H.B. 76 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.586 - Law applicable to breach of new farm machinery warranties — report of nonconformity required, when — repairs, duty of manufacturer or agent, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
407.586. Law applicable to breach of new farm machinery warranties — report of nonconformity required, when — repairs, duty of manufacturer or agent, when. —
1. The provisions of sections 400.2-602 to 400.2-609
*
shall not apply to sales of new farm machinery and such sales shall be governed by the provisions of sections 407.585 to 407.592.
2. For the purposes of sections 407.585 to 407.592, if new farm machinery does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, or its agent during the term of such express warranties, or during the period of one year following the date of original delivery of the new farm machinery to the consumer, whichever period expires earlier, the manufacturer, or its agent, shall make such repairs as are necessary to conform the new machinery to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.
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(L. 1987 H.B. 76 §§ 2, 3)
*"400.609" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.588 - Replacement of farm machinery or refund of purchase price, when — allowance deducted for consumer's use — refund made to whom.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
407.588. Replacement of farm machinery or refund of purchase price, when — allowance deducted for consumer's use — refund made to whom. —
1. If the manufacturer, or its agent, cannot conform the new farm machinery to any applicable express warranty by repairing or correcting any default or condition which substantially impairs the use or market value of the new farm machinery to the consumer after a reasonable number of attempts, the manufacturer shall give the consumer the option of having the manufacturer either replace the new farm machinery with a comparable new farm machinery acceptable to the consumer, or take title of the machine from the consumer and refund to the consumer the full purchase price, including all reasonably incurred collateral charges, less a reasonable allowance for the consumer's use of the machine. The subtraction of a reasonable allowance for use shall apply when either a replacement or refund of the new farm machinery occurs.
2. Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear.
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(L. 1987 H.B. 76 § 4 subsecs. 1, 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.589 - Affirmative defenses.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
407.589. Affirmative defenses. —
1. It shall be an affirmative defense to any claim under sections 407.585 to 407.592 that:
(1) An alleged nonconformity does not substantially impair the use, market value, or safety of the farm machinery;
(2) A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a farm machinery by a consumer;
(3) A claim by a consumer was not filed in good faith; or
(4) Any other affirmative defense allowed by law.
2. It shall be presumed that a reasonable number of attempts have been undertaken to conform a new farm machine to the applicable express warranties if within the terms, conditions, or limitations of the express warranty, or during the period of one year following the date of original delivery of the new farm machinery to a consumer, whichever expires earlier, either:
(1) The same nonconformity has been subject to repair five or more times by the manufacturer, or its agents, and such nonconformity continues to exist; or
(2) The new farm machinery is out of service by reason of repair of the nonconformity by the manufacturer, or its agents, for a cumulative total of thirty or more working days, exclusive of down time for routine maintenance as prescribed by the manufacturer, since delivery of the new farm machinery to the consumer. The thirty-day period may be extended by a period of time during which repair services are not available to the consumer because of conditions beyond the control of the manufacturer or its agents.
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(L. 1987 H.B. 76 § 4 subsecs. 3, 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.592 - Law applicable to machinery sold after January 1, 1988, not to affect prior contracts — dealers reimbursed for labor, rate.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2002
407.592. Law applicable to machinery sold after January 1, 1988, not to affect prior contracts — dealers reimbursed for labor, rate. —
Sections 407.585 to 407.592 shall apply to any new farm machinery sold after January 1, 1988, but no provision of sections 407.585 to 407.592 shall operate or be construed to invalidate, impair, or otherwise infringe upon the specific requirements of any contract between a dealer and a manufacturer entered into prior to September 28, 1987, and which is in effect on September 28, 1987; provided, however, that in any case wherein warranty repair work is performed for a consumer by a farm equipment dealer under the provisions of a manufacturer's express warranty, the manufacturer shall reimburse the dealer at an hourly labor rate that is the same or greater than the hourly labor rate the dealer currently charges consumers for nonwarranty repair work. The dealer may accept the manufacturer's reimbursement terms and conditions in lieu of the above.
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(L. 1987 H.B. 76 § 6, A.L. 2002 H.B. 1348)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.620 - Cancellation of purchase — printed notice of right to cancel to be given purchaser — form requirements.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 31 May 1985, see footnote
407.620. Cancellation of purchase — printed notice of right to cancel to be given purchaser — form requirements. —
In addition to any other remedy by which such an agreement may be rescinded or otherwise voided, a purchaser of a time-share plan or time-share property has five days after the day of purchase to cancel the purchase. Printed notice of this right to cancel shall be given to the purchaser in writing with the use of 18-point boldface type in the following manner:
NOTICE
YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHIN FIVE DAYS AFTER THE DATE OF THIS AGREEMENT. CANCELLATION MUST BE IN WRITING AND IF SENT BY MAIL, ADDRESSED TO THE OTHER CONTRACTING PARTY AS SHOWN ON THIS AGREEMENT, CANCELLATION WILL BE ACCOMPLISHED AT THE MOMENT THE LETTER IS POSTMARKED. IF SENT BY MAIL, THE LETTER MAY BE CERTIFIED WITH A RETURN RECEIPT REQUESTED. YOUR RIGHT TO CANCEL CANNOT BE WAIVED.
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(L. 1985 H.B. 96, et al.)
Effective 5-31-85
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.630 - Violation of regulations — penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 31 May 1985, see footnote
407.630. Violation of regulations — penalty. —
1. A time-share plan or time-share property is merchandise under the provisions of this chapter and the sale or offering for sale of such plans or property shall be subject to the provisions of sections 407.010 to 407.140, unless otherwise specifically provided in sections 407.600 to 407.630.
2. Violation of any provision of sections 407.600 to 407.620 is a class A misdemeanor.
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(L. 1985 H.B. 96, et al.)
Effective 5-31-85
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.635 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.635. Definitions. —
As used in sections 407.635 to 407.644, the following words and phrases shall mean:
(1)
"Buyer"
, an individual who is solicited to purchase or who purchases the services of a credit services organization;
(2)
"Consumer reporting agency"
has the meaning assigned by section 603(f) of the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681a(f);
(3)
"Extension of credit"
, the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal family or household purposes.
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(L. 1991 S.B. 112 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.637 - Credit service organization — exemptions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.637. Credit service organization — exemptions. —
1. A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides or represents that the person can or will provide any of the following services:
(1) Improving the buyer's credit record, history or rating;
(2) Obtaining an extension of credit for a buyer; or
(3) Providing advice or assistance to a buyer with regard to subdivision (1) or (2) of this subsection.
2. The following are exempt from the provisions of sections 407.635 to 407.644:
(1) A person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States, or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the federal National Housing Act, 12 U.S.C. Section 1701, et seq.;
(2) A bank or savings and loan association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, or a subsidiary of such a bank or savings and loan association;
(3) A credit union doing business in this state;
(4) A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code;
(5) A person licensed as a real estate broker or salesperson pursuant to chapter 339 acting within the course and scope of that license;
(6) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney;
(7) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation;
(8) A consumer reporting agency;
(9) A person whose primary business is making loans secured by liens on real property;
(10) A person who is licensed as a certified public accountant pursuant to chapter 326 acting within the course and scope of that license; or an individual who is enrolled to practice before the Internal Revenue Service; or an accountant, who is accredited by the Accreditation Council for Accountancy.
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(L. 1991 S.B. 112 § 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.638 - Prohibited activities.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.638. Prohibited activities. —
A credit services organization, a salesperson, agent or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization may not:
(1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained in accordance with section 407.639 a surety bond in the amount required by subsection 4 of section 407.639, issued by a surety company authorized to do business in this state, or has established and maintained a surety account at a federally insured bank or savings and loan association located in this state in which the amount required by subsection 5 of section 407.639 is held in trust as required by section 407.639;
(2) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public;
(3) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including:
(a) Guaranteeing to "erase bad credit" or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete; and
(b) Guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit;
(4) Engage, directly or indirectly, in a fraudulent or deceptive act, practice or course of business in connection with the offer or sale of the services of a credit services organization;
(5) Make, or advise a buyer to make, a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading, to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit;
(6) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the director of finance, unless otherwise provided by this chapter.
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(L. 1991 S.B. 112 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.639 - Copy of bond to be filed with director of finance — purpose of bond — amount of bond — statement by director of finance.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.639. Copy of bond to be filed with director of finance — purpose of bond — amount of bond — statement by director of finance. —
1. This section applies to a credit services organization required by subdivision (1) of section 407.638 to obtain a surety bond or establish a surety account.
2. If a bond is obtained, a copy of it shall be filed with the director of finance. If a surety account is established, notification of the depository, the trustee and the account number shall be filed with the director of finance.
3. The bond or surety account required shall be in favor of the state for the benefit of any person who is damaged by any violation of sections 407.635 to 407.644. The bond or surety account shall also be in favor of any person damaged by such a violation.
4. Any person claiming against the bond or surety account for a violation of sections 407.635 to 407.644 may maintain an action at law against the credit services organization and against the surety or trustee. The surety or trustee shall be liable only for damages awarded under subdivision (1) of subsection 1 of section 407.644 and not the punitive damages permitted under that section. The aggregate liability of the surety or trustee to all persons damaged by a credit services organization's violation of this chapter may not exceed the amount of the surety account or bond.
5. The bond or the surety account shall be in the amount of ten thousand dollars.
6. A depository holding money in a surety account under sections 407.635 to 407.644 shall not convey money in the account to the credit services organization that established the account or a representative of the credit services organization unless the credit services organization or representative presents a statement issued by the director of finance indicating that section 407.640
*
has been satisfied in relation to the credit services organization. The director of finance may conduct investigations and require submission of information as is necessary to enforce this section.
7. The bond or surety account shall be maintained until two years after the date that the credit services organization ceases operations.
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(L. 1991 S.B. 112 § 4)
*Revisor's Note: Words "subsection 6 of section 5" appear in original rolls. Section 5 was codified as section 407.460 by the Revisor, but did not contain a subsection 6.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.640 - Registration statements, filing, contents, fee.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2023, 2 histories
407.640. Registration statements, filing, contents, fee. —
1. A credit services organization shall file a registration statement with the director of finance before conducting business in this state. The registration statement must contain:
(1) The name and address of the credit services organization; and
(2) The name and address of any person who directly or indirectly owns or controls ten percent or more of the outstanding shares of stock in the credit services organization.
2. The registration statement must also contain either:
(1) A full and complete disclosure of any litigation or unresolved complaint filed by or with a governmental authority of this state relating to the operation of the credit services organization; or
(2) A notarized statement that states that there has been no litigation or unresolved complaint filed by or with a governmental authority of this state relating to the operation of the credit services organization.
3. The credit services organization shall update the statement not later than the ninetieth day after the date on which a change in the information required in the statement occurs.
4. Each credit services organization registering under this section shall maintain a copy of the registration statement in the office of the credit services organization. The credit services organization shall allow a buyer to inspect the registration statement on request.
5. The director of finance may charge each credit services organization that files a registration statement with the director of finance a reasonable fee not to exceed four hundred dollars to cover the cost of filing. The director of finance may not require a credit services organization to provide information other than that provided in the registration statement as part of the registration process.
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(L. 1991 S.B. 112 § 5, A.L. 2015 H.B. 587 merged with S.B. 345, A.L. 2023 S.B. 13)