reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.641 - Contract, writing, contents.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.641. Contract, writing, contents. —
1. Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization shall provide the buyer with a statement in writing, containing:
(1) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services;
(2) A statement explaining the buyer's right to proceed against the bond or surety account required by subdivision (1) of section 407.638;
(3) The name and address of the surety company that issued the bond, or the name and address of the depository and the trustee, and the account number of the surety account;
(4) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency, as provided by the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681, et seq.;
(5) A statement that the buyer's file is available for review at no charge on request made to the consumer reporting agency within thirty days after the date of receipt of notice that credit has been denied, and that the buyer's file is available for a minimal charge at any other time;
(6) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by that consumer reporting agency;
(7) A statement that accurate information cannot be permanently removed from the files of a consumer reporting agency;
(8) A complete and accurate statement of when consumer information becomes obsolete and of when consumer reporting agencies are prevented from issuing reports containing obsolete information; and
(9) A complete and accurate statement of the availability of nonprofit credit counseling services.
2. The credit services organization shall maintain on file, for a period of two years after the date the statement is provided, an exact copy of the statement, signed by the buyer, acknowledging receipt of the statement.
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(L. 1991 S.B. 112 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.642 - Contract requirements, cancellation clause.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.642. Contract requirements, cancellation clause. —
1. Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, signed by the buyer and must include:
(1) A statement in type that is boldfaced, capitalized, underlined, or otherwise set out from surrounding written material so as to be conspicuous, in immediate proximity to the space reserved for the signature of the buyer, as follows:
"YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER THE DATE OF THE TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT";
(2) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to another person;
(3) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated length of time, not to exceed one hundred eighty days, for performing the services; and
(4) The address of the credit services organization's principal place of business and the name and address of its registered agent in the state authorized to receive service of process.
2. The contract must have attached two easily detachable copies of a notice of cancellation. The notice must be in boldfaced type and in the following form:
"NOTICE OF CANCELLATION
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE DAYS AFTER THE DATE THE CONTRACT IS SIGNED. IF YOU CANCEL, ANY PAYMENT MADE BY YOU UNDER THIS CONTRACT WILL BE RETURNED WITHIN TEN DAYS AFTER THE DATE OF RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED DATED COPY OF THIS CANCELLATION NOTICE, OR OTHER WRITTEN NOTICE TO:
(NAME OF SELLER) AT (ADDRESS OF SELLER) (PLACE OF BUSINESS) NOT LATER THAN MIDNIGHT (DATE). I HEREBY CANCEL THIS TRANSACTION.
DATE: ______
BUYER'S SIGNATURE: ______"
3. The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed.
4. The breach by a credit services organization of a contract under this section, or of any obligation arising from a contract under this section, is a violation of sections 407.635 to 407.644.
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(L. 1991 S.B. 112 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.643 - Waiver of buyer's rights void.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.643. Waiver of buyer's rights void. —
1. A credit services organization may not attempt to cause a buyer to waive a right under sections 407.635 to 407.644.
2. A waiver by a buyer of any part of sections 407.635 to 407.644 is void.
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(L. 1991 S.B. 112 § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.644 - Actions — damages — penalties.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.644. Actions — damages — penalties. —
1. (1) A buyer injured by a violation of sections 407.635 to 407.644 may bring an action for recovery of damages. The damages awarded may not be less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and court costs.
(2) The buyer may also be awarded punitive damages.
2. The attorney general or a buyer may bring an action in a court of competent jurisdiction to enjoin a violation of sections 407.635 to 407.644.
3. A violation of sections 407.635 to 407.644 is an unlawful practice pursuant to sections 407.010 to 407.130, and the violator shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130.
4. An action may not be brought under subsection 1 or 3 of this section after four years after the date of the execution of the contract for services to which the action relates.
5. A person who violates any provision of sections 407.635 to 407.644 is guilty of a class B misdemeanor.
6. In an action under this section the burden of proving an exemption under section 407.637 is on the person claiming the exemption.
7. The remedies provided by sections 407.635 to 407.644 are in addition to other remedies provided by law.
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(L. 1991 S.B. 112 §§ 9 to 15)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.660 - Citation of law.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.660. Citation of law. —
Sections 407.660 to 407.665 shall be known and may be cited as the "Rental-Purchase Agreement Law".
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.661 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.661. Definitions. —
As used in sections 407.660 to 407.665 the following terms shall mean:
(1)
"Advertisement"
, the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise, or any commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement;
(2)
"Cash price"
, the price for which the merchant would have sold the merchandise to the consumer for cash on the date of the rental-purchase agreement;
(3)
"Consumer"
, an individual who leases personal property under a rental-purchase agreement;
(4)
"Merchandise"
, the personal property that is the subject of a rental-purchase agreement;
(5)
"Merchant"
, a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement;
(6)
"Rental-purchase agreement"
, an agreement between a merchant and a consumer for the use of merchandise by the consumer for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, and that permits the consumer to become the owner of the merchandise. A rental-purchase agreement shall not be construed to be nor be governed by any of the following:
(a) A lease or agreement which constitutes a credit sale as defined in 12 CFR 226.2(a)(16) and section 1602(g) of the Truth-in-Lending Act, 15 U.S.C. 1601 et seq.;
(b) A lease which constitutes a consumer lease as defined in 12 CFR 213.2(a)(6);
(c) Any lease for agricultural, business, or commercial purposes;
(d) Any lease made to an organization;
(e) A lease or agreement which constitutes a retail time contract or retail time transaction as defined in subdivisions (14) and (15) of section 408.250;
(f) A security interest as defined in subdivision (35)
*
of section 400.1-201; or
(g) A home solicitation sale as that term is defined in section 407.700;
(7)
"Period"
, a day, week, month, or other subdivision of a year.
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(L. 1988 H.B. 988)
*In 2017 statutory reference to subdivision "(37)" changed to "(35)" in accordance with section 3.060.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.662 - Rental-purchase agreements, in writing — prohibited provisions — required provisions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.662. Rental-purchase agreements, in writing — prohibited provisions — required provisions. —
1. A rental-purchase agreement shall be in the form of a written statement and shall constitute the entire agreement between the merchant and consumer. All amounts shall be stated in numerical figures.
2. A rental-purchase agreement may not contain a provision:
(1) Requiring a confession of judgment;
(2) Authorizing a merchant or an agent of the merchant to commit a breach of the peace in the repossession of merchandise;
(3) Waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant;
(4) Requiring the purchase of insurance from the merchant to cover the merchandise;
(5) Requiring the payment of a late charge greater than five dollars for each payment in default;
(6) Requiring a payment at the end of the scheduled rental-purchase term in excess of, or in addition to, a regular periodic payment in order to acquire ownership of the merchandise; or
(7) Requiring the consumer to pay rental payments greater than the total amount to be paid to acquire ownership.
3. A rental-purchase agreement must disclose in 10-point boldface type:
(1) Whether the merchandise is new or used;
(2) The cash price of the merchandise;
(3) The total amount and number of payments necessary to acquire ownership of the merchandise;
(4) The amount and timing of payments;
(5) That the consumer does not acquire ownership rights in the merchandise until all payments have been made under the ownership terms of the agreement;
(6) The amount and purpose of any payment, charge, or fee in addition to the regular periodic payments;
(7) Whether the consumer is liable for loss or damage to the merchandise, provided that the consumer's liability for loss or damage to the merchandise shall be no greater than the disclosed cash price plus any costs allowed by law;
(8) A statement of the conditions under which the lessee may terminate the lease;
(9) A statement of whether any part of a manufacturer's warranty continues to cover the rental property at the time the consumer assumes ownership of the property;
(10) Notice of the right to reinstate an agreement; and
(11) A statement of the reinstatement rights provided for in section 407.664.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.663 - Advertisements, requirements.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.663. Advertisements, requirements. —
An advertisement for a rental-purchase agreement that refers to or states the amount of the payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state:
(1) That the transaction advertised is a rental-purchase agreement;
(2) The total amount and number of payments necessary to acquire ownership of the merchandise; and
(3) That the consumer does not acquire ownership rights in the merchandise until all payments have been made under the terms of the agreement.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.664 - Reinstatement of agreement, when, conditions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.664. Reinstatement of agreement, when, conditions. —
1. A consumer who fails to make timely rental payments has the right to reinstate the original rental-purchase agreement without losing any rights or options previously acquired under the rental-purchase agreement within three rental terms after the expiration of the last rental term for which the consumer made a timely payment if the consumer surrenders the rental property to the merchant when the merchant or its agent requests him to surrender the rental property.
2. Before reinstating a rental-purchase agreement, a merchant may require a consumer to pay any unpaid rental payments, delinquency charges, a reasonable reinstatement fee of not more than five dollars, and a delivery charge if redelivery of the rental property is necessary.
3. If reinstatement occurs pursuant to this section, the merchant shall provide the consumer with either the same property leased by the consumer prior to reinstatement or substitute property that is of comparable quality and condition.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.665 - Violations, penalties — correction of violation — penalty not a bar to civil action.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.665. Violations, penalties — correction of violation — penalty not a bar to civil action. —
1. A violation of any provision or requirement of sections 407.660 to 407.664 shall be deemed a violation of section 407.020 and any person violating such provisions shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.145. The attorney general shall have all powers, rights and duties regarding violations of sections 407.660 to 407.665 as are provided in sections 407.010 to 407.145.
2. Notwithstanding subsection 1 of this section, any failure to comply with any provision or requirement of sections 407.660 to 407.665 may be corrected within ten days after the date of execution of the rental-purchase agreement by the merchant, and, if so corrected, neither the merchant or any holder of the executed rental-purchase agreement is subjected to any penalty under the provisions of this chapter.
3. The provisions of sections 407.660 to 407.665 are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with other applicable provisions of law nor shall such provisions bar any civil claim against any person who has acquired any moneys or property, real or personal, by means of any practice declared unlawful by any provision of sections 407.660 to 407.665.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.670 - Citation of law.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.670. Citation of law. —
Sections 407.670 to 407.679 shall be known and may be cited as the "Buyers Club Law".
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.671 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.671. Definitions. —
As used in sections 407.670 to 407.679, the following terms shall mean:
(1)
"Business day"
, any day other than a Saturday, Sunday, or legal holiday;
(2)
"Buying service"
,
"buying club"
, or
"club"
, any person, corporation, partnership, unincorporated association or other business enterprise operating for profit within the state of Missouri, the primary purpose of which is to provide benefits to members from the cooperative purchase of services or merchandise;
(3)
"Buyer"
or
"member"
, any status by which any natural person is entitled to any of the benefits of a discount buying organization;
(4)
"Contract"
, any written agreement by which one becomes a member of a club;
(5)
"Prepayment"
, any payment greater than fifty dollars for service, merchandise or membership made before any service or merchandise is rendered. Money received by a club from a financial institution upon assignment of a contract shall be considered prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.672 - Cancellation of membership.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.672. Cancellation of membership. —
1. Any person who has elected to become a member of a club may cancel such membership by giving written notice any time before midnight of the third business day following the date on which membership was attained. Such cancellation shall be without liability on the part of the member and shall entitle the member to a refund of the entire consideration paid for the contract.
2. Notice of cancellation shall be in writing and delivered personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage paid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the member not to be bound by the contract. If delivered personally, the notice is to be accepted by any agent or employee of the club, and a receipt for the notice must be given by that agent or employee to the person cancelling.
3. The entitled refund shall be delivered to the member within fourteen days after notice of cancellation is given.
4. Rights of cancellation may not be waived or otherwise surrendered.
5. Cancellation shall not relieve the member from paying for any merchandise or services received prior to the date of cancellation.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.673 - Contract, requirements, right to cancel.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.673. Contract, requirements, right to cancel. —
1. A fully completed copy of every contract shall be delivered to the member at the time the contract is signed. Every contract shall constitute the entire agreement between seller and member, shall be in writing, shall be signed by the member, shall designate the date on which the member signed the contract and shall state, clearly and conspicuously, in boldface type of minimum size of 14-points, in immediate proximity to the space reserved for the signature of the buyer, the following:
MEMBER'S RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the company. Certified mail would provide greater protection than first-class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. Your notice must make known that you do not wish to be bound by the contract. If the notice is delivered or mailed before midnight of the third business day after you sign this contract, you are entitled to a refund of the entire consideration paid for the contract. The notice must be delivered or mailed to
_________________________________________________________________
(Insert name and mailing address of company).
If you cancel, the club is required to return, within fourteen days of the date on which you give notice of cancellation, any payments you have made.
2. Until the buying club has complied with this section, the member may cancel the contract by notifying the buying club, in any manner and by any means, of his intention to cancel and is then entitled to a refund of the entire consideration paid for the contract.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.674 - Delivery date of goods, exception — savings claims, requirements — contracts not in compliance, unenforceable.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.674. Delivery date of goods, exception — savings claims, requirements — contracts not in compliance, unenforceable. —
1. Every contract shall provide that if any goods, except furniture or custom manufactured goods, ordered by the member from the buying club, are not delivered to the member or available for pick-up by the member at the location where the order was placed within six weeks from the date the member placed an order for such goods, then any payment by the member for such goods in advance of delivery shall, upon the member's request, be fully refunded, unless a predetermined delivery date has been furnished to the member in writing at the time he or she ordered such goods and the goods are delivered to the member or available for pick-up by that date. Every contract shall disclose that delivery dates for furniture or custom manufactured goods cannot be predicted, if such is the case.
2. Every contract shall provide that all savings claims made by the buying club are based on price comparisons with retailers doing business in the trade area who sell or offer for sale the same or comparable goods and at the prices the goods are actually sold or offered for sale by such retailers.
3. Any contract which does not comply with subsections 1 and 2 of this section shall be void and unenforceable.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.675 - Duration of contract, renewal, terms and limitations.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.675. Duration of contract, renewal, terms and limitations. —
No contract shall be valid for a term longer than twenty-four months from the date upon which the contract is signed. However, a club may allow a member to convert his contract into a contract for a period longer than twenty-four months after the member has been a member of the club for a period of at least six months. The duration of the contract shall be clearly and conspicuously disclosed in the contract in boldface type of a minimum size of 14-points. No contract shall contain an automatic renewal clause; provided, however, that such an agreement may provide for the buyer to exercise a renewal.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.676 - Law not applicable, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.676. Law not applicable, when. —
Sections 407.670 to 407.679 shall not apply to:
(1) Any buyers club in which the total consideration paid by each buyer in any manner whatsoever for discount buying services does not exceed fifty dollars over the expected life of the contract;
(2) Any buyers club in which persons receive discount buyer services incidentally as part of a package of services provided to or available to such individual on account of his membership in such organization, which is not organized for the profit of any person or corporation or which does not have as one of its primary purposes or businesses the provisions of discount buying services; and
(3) Any buyers club which files with the office of the attorney general a declaration, executed under penalty of perjury by the owner or manager of such club, stating that the club does not require, or in the ordinary course of business, receive prepayment.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.678 - Waivers, unenforceable.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.678. Waivers, unenforceable. —
Any waiver by the member of the provisions of sections 407.670 to 407.679 shall be deemed contrary to public policy and shall be void and unenforceable.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.679 - Violations, penalty — penalty not a bar to civil action.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.679. Violations, penalty — penalty not a bar to civil action. —
1. A violation of any provisions or requirement of sections 407.670 to 407.678 shall be deemed a violation of section 407.020 and any person violating such provisions shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.145. The attorney general shall have all powers, rights and duties regarding violations of sections 407.670 to 407.679 as are provided in sections 407.010 to 407.145.
2. The provisions of sections 407.670 to 407.679 are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law nor shall such provisions bar any civil claim against any person who has acquired any moneys or property, real or personal, by means of any practice declared unlawful by any provision of sections 407.670 to 407.679.
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(L. 1988 H.B. 988)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.700 - Home solicitation sale defined.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1973
407.700. Home solicitation sale defined. —
"Home solicitation sale"
means a consumer credit sale of goods, or services, except the sale of real property or interest therein, or the sale of personal property which is incident to the sale of real property or interest therein, in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. It does not include a sale made pursuant to a preexisting revolving charge account, or a sale made pursuant to prior negotiations between both parties present at a business establishment at a fixed location where goods or services are offered or exhibited for sale.
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(L. 1973 H.B. 61 & 367 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.705 - Cancellation, notice of, how given — cancellation prohibited, when — business day defined.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, see footnote
407.705. Cancellation, notice of, how given — cancellation prohibited, when — business day defined. —
1. Except as provided in subsection 3 of this section, in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with sections 407.700 to 407.720. For the purposes of this section, the term
"business day"
shall mean any day except Saturday, Sunday, and legal holidays.
2. Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase. Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
3. The buyer may not cancel a home solicitation sale if:
(1) The buyer requests the seller to provide goods or services without delay because of an emergency; and
(2) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation; and
(3) In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.
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(L. 1973 H.B. 61 & 367 § 2, A.L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.710 - Agreement of sale, required statement, exception.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1973
407.710. Agreement of sale, required statement, exception. —
1. In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer's rights which complies with subsection 2.
2. The statement must
(1) Contain in 10-point boldface type the following information and statements;
"NOTICE OF CANCELLATION"
(______________________________________________________)
Date of transaction must be filled in at time of sale by seller
­­; and
If this agreement was solicited at your residence and you do not want the goods or services, you may cancel, without further obligation, this agreement by mailing a notice to the seller at the address as shown below, within 3 business days following the above date. You shall return the goods to seller in substantially the same condition as when you obtained them. Seller will then cancel all contracts and negotiable instruments executed by you and return any property given by you to seller within 10 days from date of transaction. If seller does not pick up the purchased goods within 20 days from date of your cancellation, you may retain or dispose of the goods without any further obligation. The notice must be mailed to: (______) Name and mailing address of seller must be filled in at time of sale.
(2) A home solicitation sales contract which contains the notice of cancellation forms and content provided in the Federal Trade Commission's trade regulation rule providing a cooling-off period for door-to-door sales shall be deemed as complying with the requirements of subsection 2 herein so long as the Federal Trade Commission language provides at least equal information to the consumer concerning his right to cancel as is required by sections 407.700 to 407.720.
3. Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel.
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(L. 1973 H.B. 61 & 367 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.715 - Duties of seller after cancellation.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1973
407.715. Duties of seller after cancellation. —
1. Except as provided in this section, within ten days after a home solicitation sale has been cancelled the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness with the word "cancelled" stamped conspicuously on the face.
2. If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
3. Until the seller has complied with the obligations imposed by this section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.
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(L. 1973 H.B. 61 & 367 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.720 - Duties of seller after cancellation — lien of buyer, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1973
407.720. Duties of seller after cancellation — lien of buyer, when. —
1. Except as provided by the provision of section 407.715, within a reasonable time after a home solicitation sale has been cancelled the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale but he is not obligated to tender at any place other than his residence. If the seller fails to demand possession of goods within a reasonable time after cancellation the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, twenty days is presumed to be a reasonable time.
2. The buyer has a duty to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk.
3. If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation.
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(L. 1973 H.B. 61 & 367 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.740 - Penalty, unlawful subleasing — prosecuting attorney, attorney general, duty to commence action, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 2017, 2 histories, see footnote
407.740. Penalty, unlawful subleasing — prosecuting attorney, attorney general, duty to commence action, when. —
1. Any person who willfully and knowingly engages in unlawful subleasing of a motor vehicle, as defined in section 407.742, shall be guilty of a class E felony. It shall be the duty of each prosecuting attorney and circuit attorney in their respective jurisdictions to commence any criminal actions under sections 407.738 to 407.745, and the attorney general shall have concurrent original jurisdiction to commence such criminal actions throughout the state where such violations have occurred.
2. Whenever it appears to the attorney general that a person has engaged in, is engaging in, or is about to engage in unlawful subleasing of a motor vehicle, he may bring an action pursuant to section 407.100 for an injunction prohibiting such person from continuing such methods, uses, acts, or practices, or engaging therein, or doing anything in furtherance thereof. In any action brought by the attorney general under this subsection, all of the provisions of sections 407.100 to 407.140 shall apply thereto.
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(L. 1989 H.B. 893 § 5, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.742 - Unlawful subleasing, elements of crime.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1989
407.742. Unlawful subleasing, elements of crime. —
A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met:
(1) The motor vehicle is subject to a lease contract, conditional sale contract, or security agreement the terms of which prohibit the transfer or assignment of any right of interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement;
(2) The person is not a party to the original lease contract, conditional sale contract, or security agreement;
(3) The person transfers or assigns, or purports to transfer or assign, or assists, causes, or arranges an actual or purported transfer or assignment of any right or interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement, to any person who is not a party to the original lease contract, conditional sale contract, or security agreement;
(4) The person does not obtain, prior to the transfer or assignment described in subdivision (3) of this section, written consent to the transfer or assignment from the motor vehicle's lessor, seller, or secured party;
(5) The person receives compensation or some other consideration for the transfer or assignment described in subdivision (3) of this section.
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(L. 1989 H.B. 893 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.745 - Assignment or transfer of motor vehicle, not unlawful subleasing, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1989
407.745. Assignment or transfer of motor vehicle, not unlawful subleasing, when. —
1. The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract, conditional sale contract, or security agreement, by an individual who is a party to the original lease contract, conditional sale contract, or security agreement is not an act of unlawful subleasing of a motor vehicle and is not subject to prosecution.
2. Sections 407.730 to 407.748 shall not affect the enforceability of any provision of any lease contract, conditional sale contract, security agreement, or direct loan agreement by any party thereto.
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(L. 1989 H.B. 893 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.748 - Violations are unlawful merchandising practices — remedies not exclusive.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1989
407.748. Violations are unlawful merchandising practices — remedies not exclusive. —
1. Violation of any provision of sections 407.730 to 407.748 shall be deemed an unlawful practice under sections 407.010 to 407.130, and shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130. The attorney general shall have all powers, rights and duties regarding violations of sections 407.730 to 407.748 as are provided in sections 407.010 to 407.130, in addition to rulemaking authority as provided in section 407.145.
2. The provisions of sections 407.730 to 407.748 are not exclusive. The remedy specified in sections 407.730 to 407.748 for violation of any section of sections 407.730 to 407.748 or for conduct described by any section of sections 407.730 to 407.748 shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law. Nothing in sections 407.730 to 407.748 shall limit any other statutory or any common law rights of the attorney general, any circuit attorney or prosecuting attorney, or any other person. If any act or practice prescribed by sections 407.730 to 407.748 is also the basis for a cause of action in common law or a violation of another statute, the purchaser may assert the common law or statutory cause of action under the procedures and with the remedies applicable thereto.
3. If any provision of sections 407.730 to 407.748 or any rule or regulation made thereunder, or the application thereof to any person or circumstances is held invalid by the court of competent jurisdiction, the remainder of sections 407.730 to 407.748, rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby.
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(L. 1989 H.B. 893 § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.754 - How to apply to successors in interest — successor in interest defined.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.754. How to apply to successors in interest — successor in interest defined. —
The obligations of any wholesaler, manufacturer or distributor created by the provisions of sections 407.750 to 407.754 apply to any successor in interest or assignee of that wholesaler, manufacturer, or distributor. A
"successor in interest"
includes any purchaser of substantially all of the assets or over fifty percent of the stock, any surviving corporation resulting from a merger or liquidation, any receiver, or any trustee of the original wholesaler, manufacturer or distributor.
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(L. 1991 S.B. 241 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.755 - Action for damages and costs by retailer for violations — remedy not exclusive.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.755. Action for damages and costs by retailer for violations — remedy not exclusive. —
If a manufacturer, wholesaler or distributor violates any provisions of sections 407.753 and 407.754, a retailer may bring an action against such manufacturer, wholesaler, or distributor in any court of competent jurisdiction for damages sustained by the retailer as a consequence of the violation, together with the actual costs of the action, including reasonable attorney's fees. The court may award court costs and reasonable attorney fees to the prevailing party. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
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(L. 1991 S.B. 241 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.756 - Law, applicability to existing and future contracts.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.756. Law, applicability to existing and future contracts. —
The provisions of sections 407.750 to 407.756 shall apply to all continuing or nonrenewable contracts and all other contracts entered into, amended, or renewed after August 28, 1991. Any contract in force and effect on August 28, 1991, which, by its terms, will terminate on a date subsequent thereto, is governed by the law as it existed before August 28, 1991.
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(L. 1991 S.B. 241 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.800 - Going-out-of-business sales, requirements, limitations, extension — exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 1995
407.800. Going-out-of-business sales, requirements, limitations, extension — exceptions. —
Any person, except a licensed auctioneer as defined in section 343.010, who advertises or conducts a going-out-of-business sale or any sale of merchandise which indicates the person conducting the sale is terminating or liquidating the person's trade, commerce or business for any reason shall inform the attorney general, in writing, not less than ten days prior to the sale of the duration of the sale by indicating the first and last days of the sale. Any person who informs the attorney general that the person is going to conduct a going-out-of-business sale shall submit to the attorney general information regarding the items which will be offered for sale during the going-out-of-business sale. The inventory shall not be supplemented after the beginning of such sale. The going-out-of-business sale shall not exceed a period of sixty days unless an extension has been registered with the attorney general's office by affidavit. Such affidavit shall indicate the duration of such extension and the reasons therefor, and the time extension shall not exceed a reasonable time period as determined by the attorney general based upon the information provided to the attorney general by the person conducting the sale. Any affidavit supporting the request for an extension shall describe the efforts made by the person and the person's plan to dispose of such sale items, and shall state why the items remain unsold, and shall contain any other information requested by the attorney general. A violation of this section shall be considered a violation of section 407.020 and shall be remedied pursuant to section 407.100. If the attorney general fails to take action within one hundred twenty days after a violation of this section occurs, the prosecuting attorney or circuit attorney of the appropriate jurisdiction may take action as provided in sections 407.020 and 407.100.
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(L. 1980 H.B. 993, A.L. 1986 S.B. 685, A.L. 1995 H.B. 558)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.810 - Citation of law.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2010
407.810. Citation of law. —
Sections 407.810 to 407.835 shall be known and may be cited as the "Motor Vehicle Franchise Practices Act" or the "MVFP Act".
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(L. 1980 H.B. 1600 § 1, A.L. 2010 H.B. 2198)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.811 - Public policy statement.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2010
407.811. Public policy statement. —
It is declared to be the public policy of the state to provide for fair and impartial regulation of those persons engaged in the manufacturing, distributing, importing, or selling of motor vehicles. The provisions of the MVFP act shall be administered in such a manner that will promote fair dealing and honesty in the motor vehicle industry and among those engaged therein without unfair or unreasonable discrimination or undue preference or advantage. It is further declared to be the policy of the state to protect the public interest in the purchase and trade of motor vehicles so as to ensure protection against irresponsible vendors and dishonest or fraudulent sales practices and to assist, provide, and secure a stable, efficient, enforceable, and verifiable method for the distribution of motor vehicles to consumers in the state.
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(L. 2010 H.B. 2198)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.816 - Motor driven vehicle, defined for section 407.815 — exemption for recreational vehicle dealers or manufacturers.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2017, 2 histories
407.816. Motor driven vehicle, defined for section 407.815 — exemption for recreational vehicle dealers or manufacturers. —
1. As used in subdivision (7) of section 407.815, the term
"motor vehicle"
shall not include "trailer" as such term is defined in section 301.010.
2. Prior to August 1, 2002, the provisions of section 407.817, subdivisions (13), (17) and (18) of section 407.825 and section 407.826 shall not apply to recreational vehicle dealers or manufacturers.
3. As of August 1, 2002, the term
"motor vehicle"
as used in sections 407.810 to 407.835 shall not apply to recreational vehicles as defined in section 407.1320.
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(L. 1997 H.B. 207 § 1, A.L. 2001 H.B. 575, A.L. 2017 S.B. 8 merged with S.B. 222 merged with S.B. 225)