reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.330 - Contracts, in writing, required provisions — buyer's right to cancel.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988, 2 histories
407.330. Contracts, in writing, required provisions — buyer's right to cancel. —
1. Every health spa contract for the sale of future health spa services which are paid for in advance or which the buyer agrees to pay for in future installments shall be in writing and shall contain the following contractual provisions:
(1) A provision for the penalty-free cancellation of the contract within three business days of its making and refund upon such notice of all moneys paid under the contract;
(2) A provision requiring that to cancel a contract the buyer shall notify the health spa of cancellation in writing, by certified mail, return receipt requested, or personal delivery, to the address specified in the health spa contract; that all moneys to be refunded upon cancellation of the health spa contract shall be paid within thirty days of receipt of the notice of cancellation; and that if the customer has executed any credit or lien agreement with the health spa to pay for all or part of health spa services, any such negotiable instrument executed by the buyer shall also be returned within thirty days after such cancellation;
(3) A provision for the cancellation of the contract if the buyer dies or becomes permanently disabled and unable to use a substantial portion of the services for sixty or more consecutive days. Upon receipt of such notice, the health spa shall refund to the buyer funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. In the case of disability, the health spa may require the buyer to submit to a physical examination by a doctor agreeable to the buyer and the health spa;
(4) A provision for extension of the term of the membership for time loss due to temporary disability. In the case of disability, the health spa may require the buyer to submit to a physical examination by a doctor agreeable to the buyer and the health spa.
2. The provisions required by subsection 1 of this section shall be set forth under a conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and read substantially as follows:
If you wish to cancel this contract, you may cancel by delivering written notice to this health spa by certified mail, return receipt requested. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to:
___________________________________________________________
(Health spa shall insert its name and mailing address.)
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(L. 1988 S.B. 486 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.334 - Contracts, signed by buyer — duration limit — voidable, when — waiver void, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.334. Contracts, signed by buyer — duration limit — voidable, when — waiver void, when. —
1. Every health spa contract shall be signed by the buyer, shall designate the date on which the buyer actually signed the contract and a copy of the contract shall be delivered to the buyer at the time the contract is executed.
2. No health spa contract shall have a duration for a period longer than thirty-six months, but the contract may give the buyer a right of renewal.
3. Any health spa contract which does not comply with the applicable provisions of section 407.330 shall be voidable at the option of the buyer.
4. Any waiver by the buyer of any of the provisions of section 407.330 shall be deemed contrary to public policy and shall be void and unenforceable.
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(L. 1988 S.B. 486 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.335 - Holder of contract or note subject to claims and defenses, notice.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.335. Holder of contract or note subject to claims and defenses, notice. —
All health spa contracts and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in at least 10-point, boldface type:
NOTICE
ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
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(L. 1988 S.B. 486 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.337 - Assignment of contract, buyer's rights.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.337. Assignment of contract, buyer's rights. —
Whether or not the health spa has complied with the notice requirements of section 407.335, any right of action or defense arising out of a health spa contract which the buyer has against the health spa, and which would be cut off by assignment, shall not be cut off by assignment of the contract to any third party holder, whether or not the holder acquires the contract in good faith and for value.
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(L. 1988 S.B. 486 § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.339 - Bond, filed with attorney general, amount, exceptions — separate locations, bond required for each — claims against, cancellation of, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.339. Bond, filed with attorney general, amount, exceptions — separate locations, bond required for each — claims against, cancellation of, when. —
1. Before entering into any nonprepayment health spa contract, every health spa except any health spa which has been engaged in such business in any county of the first or second class or in any city not located within a county for at least three years prior to August 13, 1988, and except in any county of the third or fourth class for at least one year prior to August 13, 1988, shall file and maintain with the office of the attorney general, in form and substance satisfactory to him, a bond with corporate surety, from a company authorized to transact business in this state or a letter of credit from a bank insured by the Federal Deposit Insurance Corporation in the amounts indicated below:
Number of unexpired contracts
Amount of bond
exceeding three months
or letter of credit
500 or less
$10,000
501 to 1000
$20,000
more than 1000
$25,000
­­The number of unexpired contracts exceeding three months shall be separately calculated for each location where health spa services are offered. Any health spa subject to the requirements of this section shall be exempt from its provisions after such health spa has been engaged in business for three years.
2. Each separate location where health spas services are offered shall be considered a separate health spa and shall file a separate bond or letter of credit with respect thereto, even though the separate locations are owned or operated by the same owner; but, no owner shall be required to file with the office of the attorney general bonds or letters of credit in excess of seventy-five thousand dollars. If the seventy-five thousand dollar limit is applicable, then the bonds or letters of credit filed by such owner shall apply to all health spas owned or operated by the same owner.
3. A health spa which has not filed a bond or letter of credit may nevertheless sell health spa contracts of up to thirty-six months' duration so long as the amount of payment actually charged, due or received each month by the health spa or any holder of its health spa contracts does not exceed the monthly fee calculated pursuant to the definition thereof in section 407.325.
4. The bond required by subsection 1 of this section shall be renewed annually. No bond required of any health spa under the provisions of sections 407.325 to 407.340 shall be cancelled by either party without thirty days written notice prior to the intended cancellation date. All claims against the holder of the bond must be made within ninety days after the expiration or cancellation of the bond.
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(L. 1988 S.B. 486 § 9)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.340 - Bond, issued in favor of state of Missouri, payable to whom — aggregate liability — no cancellation without attorney general's consent.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988, 2 histories
407.340. Bond, issued in favor of state of Missouri, payable to whom — aggregate liability — no cancellation without attorney general's consent. —
1. The bond or letter of credit required by section 407.339 shall be in favor of the state of Missouri for the benefit of:
(1) Any buyer injured by having paid money for health spa services in a facility which fails to open within sixty days after the date upon which the buyer and the health spa entered into a contract or goes out of business prior to the expiration of the buyer's health spa contract; or
(2) Any buyer injured as a result of a violation of sections 407.325 to 407.340.
2. The aggregate liability of the bond or letter of credit to all persons for all breaches of the conditions of the bond or letter of credit shall in no event exceed the amount of the bond or letter of credit. The bond or letter of credit shall not be cancelled or terminated except with the consent of the office of the attorney general.
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(L. 1988 S.B. 486 § 10)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.350 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1982, 2 histories
407.350. Definitions. —
As used in sections 407.350 to 407.357, unless the context clearly requires otherwise, the following terms mean:
(1)
"Bid"
, a written or oral proposal by an exhibitor to a distributor, which proposal is in response to an invitation to bid or negotiate and states the terms under which the exhibitor will agree to exhibit a motion picture in this state;
(2)
"Blind bidding"
, bidding, negotiating, offering terms, accepting a bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement;
(3)
"Distributor"
, any person engaged in the business of renting, selling, or licensing motion pictures to exhibitors;
(4)
"Exhibit"
or
"exhibition"
, showing a motion picture to the public for a charge;
(5)
"Exhibitor"
, any person engaged in the business of operating a theater in this state;
(6)
"Invitation to bid"
, a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture in this state;
(7)
"License agreement"
, any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state;
(8)
"Run"
, the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A
"first run"
means the initial exhibition of a motion picture in a designated geographic area for a specified period of time, a
"subsequent run"
means any continuous exhibition of a motion picture in a designated geographic area for a specified period of time after the first run;
(9)
"Theater"
, any establishment in which motion pictures are exhibited regularly to the public for a charge;
(10)
"Trade screening"
, the showing of a motion picture by a distributor in the two largest metropolitan areas, which showing is open to any exhibitor interested in exhibiting the motion picture.
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(L. 1982 S.B. 525 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.353 - Blind bidding of motion pictures prohibited, when — distributors required to give notice of trade screening.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1982
407.353. Blind bidding of motion pictures prohibited, when — distributors required to give notice of trade screening. —
1. Blind bidding of more than two motion pictures in any twelve-month period in the state of Missouri by the aggregate of all distributors, or their subsidiary distributors or related companies, not previously exhibited within this state is hereby prohibited within this state. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to for the exhibition of any motion picture within this state before the motion picture has been trade screened within this state.
2. Every distributor shall furnish to all exhibitors in this state reasonable and uniform notice of all trade screenings that are held within this state of motion pictures that he is distributing.
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(L. 1982 S.B. 525 § 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.355 - General invitation to bid, contents — bidding procedure — exhibitor must have attended trade screening to bid.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1982
407.355. General invitation to bid, contents — bidding procedure — exhibitor must have attended trade screening to bid. —
1. If bids are solicited from exhibitors for the purpose of entering into a license agreement, the invitation to bid shall specify:
(1) The number and length of runs to which the invitation to bid applies;
(2) Whether the invitation to bid applies to a first or subsequent run;
(3) The geographic area for each run;
(4) The names of all exhibitors who are being given an invitation to bid;
(5) The date, hour, and location at which the bid is required to be made;
(6) The name and address of the location where the bids will be opened, which location shall be within this state.
2. If the motion picture that is the subject of a bid has not already been trade screened within this state, the distributor soliciting the bid shall include in the invitation to bid the date, time, and location of the trade screening of the motion picture that is the subject of the invitation to bid. An exhibitor is prohibited from submitting a bid unless the exhibitor or his agent has attended a trade screening of the motion picture for which bids are being solicited.
3. If a distributor issues invitations to bid for a motion picture and he receives no bids for the motion picture, he may then negotiate for the picture with all exhibitors on the bid list. No further bidding is required. If a distributor receives bids which are not acceptable to the distributor the first time the motion picture is bid, he must rebid the motion picture a second time and if after bidding the motion picture a second time the bids are still unacceptable, he shall notify all exhibitors of such rejections and then may negotiate the motion picture. No further bidding is required and all exhibitors must be given an opportunity to negotiate.
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(L. 1982 S.B. 525 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.357 - Blind bidding permitted, when — invitation to bid, contents — license agreement voidable, damages.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1982
407.357. Blind bidding permitted, when — invitation to bid, contents — license agreement voidable, damages. —
Notwithstanding any other provisions of sections 407.350 to 407.357, a distributor of motion pictures may blind bid motion pictures based upon a play or review which has been performed for a period of not less than six months for the public, or based upon published manuscripts which are in the top ten best sellers in sales or manuscripts having sold at least five hundred thousand copies to the general public from the time of copyright, or based upon television or radio scripts which have been previously televised or broadcast on a national network to the public. Provided, however, if a distributor solicits bids from exhibitors for the purposes of entering into a license agreement and engages in blind bidding for such solicitation, the invitation to bid shall be in writing and shall specify, in addition to any other information the distributor desires to convey to an exhibitor, the audience to which the motion picture is principally directed and the rating anticipated for the motion picture which shall be specified by using the rating system of the Classification and Rating Administration. Blind bidding as provided for in section 407.353 and this section may only take place during the one-hundred-eighty-day period immediately preceding the designated release date of the motion picture which is the subject of the license agreement and no exhibitor shall forward any money to a distributor earlier than fourteen days immediately preceding the designated release date of the motion picture which is the subject of the license agreement. A license agreement is voidable by the exhibitor if the released motion picture does not substantially conform to the information provided by the distributor about the motion picture in the invitation to bid, or if the rating given by the Classification and Rating Administration is more restrictive than the rating indicated by the distributor in the invitation to bid, and all money received by the distributor from the exhibitor before the release of the motion picture under the terms of the license agreement, shall be returned to the exhibitor within seven days. All license agreements entered into as a result of blind bidding shall contain a provision stating the amount of damages payable to the exhibitor by the distributor in the event the license agreement is voided under the terms of this section.
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(L. 1982 S.B. 525 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.405 - Pyramid sales schemes prohibited — cancellation of franchise without notice prohibited, exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1975
407.405. Pyramid sales schemes prohibited — cancellation of franchise without notice prohibited, exceptions. —
No person shall, directly or through the use of agents or intermediaries, in connection with the sale or distribution of goods, service, or other property, sell, offer or attempt to sell a participation or the right to participate in a pyramid sales scheme. No person who has granted a franchise to another person shall cancel or otherwise terminate any such franchise agreement without notifying such person of the cancellation, termination or failure to renew in writing at least ninety days in advance of the cancellation, termination or failure to renew, except that when criminal misconduct, fraud, abandonment, bankruptcy or insolvency of the franchisee, or the giving of a no account or insufficient funds check is the basis or grounds for cancellation or termination, the ninety days' notice shall not be required.
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(L. 1974 H.B. 1132 § 2, A.L. 1975 H.B. 810 § 2)
(1980) Solicitation of individuals to join pyramid structured club, the purpose of which was to generate money payable to members higher up on the pyramidal scale, violated statute prohibiting pyramid sales schemes. State ex rel. Ashcroft v. Wahl (A.), 600 S.W.2d 175.
(1980) General intent of the legislature in the enactment of statutes prohibiting pyramid sales schemes is to buttress a strong public policy against pyramid sales schemes involving cover or disguise of some seemingly legitimate commercial transaction. State ex rel. Ashcroft v. Wahl (A.), 600 S.W.2d 175.
(1986) Ninety-day notice requirement for franchise cancellation held not repealed by implication as applied to motor vehicle franchises by enactment of Motor Vehicle Franchise Practice Act, sections 407.810 to 407.835, RSMo. Maude v. General Motors Corp., 626 F.Supp. 1081 (W.D. Mo.)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.410 - Double damages, when — limitation on actions — cancellation of franchise without notice grounds for award of damages.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1975, 2 histories
407.410. Double damages, when — limitation on actions — cancellation of franchise without notice grounds for award of damages. —
1. Any contract made in violation of section 407.405 is void and any person who, directly or through the use of agents or intermediaries, induces or causes another person to participate in a pyramid sales scheme will be liable to that person in civil damages in an amount equal to the sum of twice the amount of consideration paid, and in the case of any successful action to enforce such liability, the costs of the action together with a reasonable attorney's fee, as determined by the court. An action under this section may be brought in the circuit court having venue within five years from the date on which the consideration was paid.
2. A franchisee suffering damage as a result of the failure to give notice as required of the cancellation or termination of a franchise, may institute legal proceedings under the provisions of sections 407.400 to 407.420 against the franchisor who cancelled or terminated his franchise in the circuit court for the circuit in which the franchisor or his agent resides or can be located. When the franchisee prevails in any such action in the circuit court, he may be awarded a recovery of damages sustained to include loss of goodwill, costs of the suit, and any equitable relief that the court deems proper.
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(L. 1974 H.B. 1132 § 3, A.L. 1975 H.B. 810 § 3)
(1980) General intent of the legislature in the enactment of statutes prohibiting pyramid sales schemes is to buttress a strong public policy against pyramid sales schemes involving cover or disguise of some seemingly legitimate commercial transaction. State ex rel. Ashcroft v. Wahl (A.), 600 S.W.2d 175.
(1987) Franchisor who fails to provide time notice of termination to a franchisee under section 407.405 the franchisee is not entitled to recover punitive damages in an action brought pursuant to this section. Ridings v. Thoele, Inc., 739 S.W.2d 547 (Mo. banc.).
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.415 - Attorney general may obtain injunction, when — bond not required.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1975
407.415. Attorney general may obtain injunction, when — bond not required. —
In addition to other penalties and remedies provided in sections 407.400 to 407.420, whenever it appears that any person is engaged or is about to engage in any act or practice which constitutes a pyramid sales scheme, the attorney general may bring an action in the circuit court having venue to enjoin such act or practice, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond.
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(L. 1974 H.B. 1132 § 4, A.L. 1975 H.B. 810 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.420 - Penalty — duty to enforce — jurisdiction of attorney general.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 2017, 3 histories, see footnote
407.420. Penalty — duty to enforce — jurisdiction of attorney general. —
Any person willfully violating any of the provisions of section 407.405 is guilty of a class E felony. It shall be the duty of each prosecuting attorney and circuit attorney in their respective jurisdictions to commence any criminal actions under this section, and the attorney general shall have concurrent original jurisdiction to commence such criminal actions throughout the state where such violations have occurred.
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(L. 1974 H.B. 1132 § 5, A.L. 1975 H.B. 810 § 6, A.L. 1986 S.B. 685, A.L. 2014 S.B. 491)
Effective 1-01-17
(1980) General intent of the legislature in the enactment of statutes prohibiting pyramid sales schemes is to buttress a strong public policy against pyramid sales schemes involving cover or disguise of some seemingly legitimate commercial transaction. State ex rel. Ashcroft v. Wahl (A.), 600 S.W.2d 175.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.430 - Citation of law.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991, 2 histories
407.430. Citation of law. —
Sections 407.430 to 407.436 shall be known and may be cited as the "Credit User Protection Law".
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(L. 1991 S.B. 112)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.431 - Attorney general, authority to enforce.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2018
407.431. Attorney general, authority to enforce. —
The attorney general shall have all powers, rights, and duties regarding violations of sections 407.430 to 407.436 as are provided in sections 407.010 to 407.130, in addition to rulemaking authority under section 407.145.
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(L. 2018 H.B. 1832)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.433 - Protection of credit card account numbers, penalty, exceptions — effective date, applicability.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2018, 3 histories
407.433. Protection of credit card account numbers, penalty, exceptions — effective date, applicability. —
1. No person, other than the cardholder, shall disclose more than the last five digits of a credit card account number on any sales receipt provided to the cardholder for merchandise sold in this state.
2. Any person who knowingly violates this section is guilty of an infraction and any second or subsequent violation of this section is a class A misdemeanor.
3. It shall not be a violation of
*
subsection 1 of this section if:
(1) The sole means of recording the credit card number is by handwriting or, prior to January 1, 2005, by an imprint of the credit card; and
(2) For handwritten or imprinted copies of credit card receipts, only the merchant's copy of the receipt lists more than the last five digits of the account number.
4. This section shall become effective on January 1, 2003, and applies to any cash register or other machine or device that prints or imprints receipts of credit card transactions and which is placed into service on or after January 1, 2003. Any cash register or other machine or device that prints or imprints receipts on credit card transactions and which is placed in service prior to January 1, 2003, shall be subject to the provisions of this section on or after January 1, 2005.
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(L. 2002 S.B. 895, A.L. 2003 H.B. 221 merged with S.B. 292 merged with S.B. 346, A.L. 2018 H.B. 1832)
*Words "subdivision (1) of" appear in original rolls, but subdivisions of subsection 1 were deleted by H.B. 1832, 2018.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.434 - Counterfeit credit cards, unlawful practices — defrauding issuer — authorization of acquirer.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1991
407.434. Counterfeit credit cards, unlawful practices — defrauding issuer — authorization of acquirer. —
1. A person or employee of a person who is authorized by an acquirer to furnish money or merchandise upon presentation of a credit card by a cardholder and furnishes money or merchandise to the cardholder upon presentation of a credit card which such person knows to be a counterfeit credit card, expired credit card, revoked credit card, or a credit card used without the consent of the cardholder, and has furnished such money or merchandise to the cardholder with the intent to defraud the acquirer, has engaged in an unlawful practice.
2. A person who is authorized by an acquirer to furnish money or merchandise upon presentation of a credit card by a cardholder and, with intent to defraud the issuer, the acquirer, or the cardholder, fails to furnish money or merchandise which the person represents in writing to the issuer or the acquirer that he has furnished, has engaged in an unlawful practice.
3. A person who is authorized by an acquirer to furnish money or merchandise upon presentation of a credit card by a cardholder and, with the intent to defraud the issuer, the acquirer, or the cardholder, presents to the issuer or acquirer for payment, a credit card transaction record of a sale of merchandise, which such sale of merchandise was not made by the person or his agent or employee, has engaged in an unlawful practice.
4. A person who, without the acquirer's authorization, employs, solicits, or otherwise causes another person authorized by an acquirer to furnish money or merchandise upon presentation of a credit card by a cardholder, or employs, solicits, or otherwise causes, an agent or employee of such other authorized person to remit to the acquirer a credit card transaction record of a sale that was not made by such other authorized person or his agent or employee, has engaged in an unlawful practice.
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(L. 1991 S.B. 112)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.435 - Card scanner, illegal use of — penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2018
407.435. Card scanner, illegal use of — penalty. —
1. A person commits the offense of illegal use of a card scanner if the person:
(1) Directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information stored in the chip or encoded on the magnetic strip or stripe of a credit card without the permission of the cardholder, the credit card issuer, or a merchant;
(2) Possesses a scanning device with the intent to defraud a cardholder, credit card issuer, or merchant or possesses a scanning device with the knowledge that some other person intends to use the scanning device to defraud a cardholder, credit card issuer, or merchant;
(3) Directly or indirectly uses a reencoder to copy a credit card without the permission of the cardholder of the card from which the information is being reencoded and does so with the intent to defraud the cardholder, the credit card issuer, or a merchant; or
(4) Possesses a reencoder with the intent to defraud a cardholder, credit card issuer, or merchant or possesses a reencoder with the knowledge that some other person intends to use the reencoder to defraud a cardholder, credit card issuer, or merchant.
2. The offense of illegal use of a card scanner is a class D felony. However, a second or subsequent offense arising from a separate incident is a class C felony.
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(L. 2018 H.B. 1832)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.436 - Defacing a credit card reader, offense of, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2018, 3 histories
407.436. Defacing a credit card reader, offense of, penalty. —
A person commits the offense of defacing a credit card reader if a person damages, defaces, alters, or destroys a scanning device and the person has no right to do so. The offense of defacing a credit card reader is a class A misdemeanor.
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(L. 1991 S.B. 112, A.L. 2014 S.B. 491, A.L. 2018 H.B. 1832)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.450 - Short title.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, 2 histories, see footnote
407.450. Short title. —
Sections 407.450 to 407.478 shall be known and may be cited as the "Charitable Organizations and Solicitations Law".
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(L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.456 - Registration and reports, who shall file, exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1988
407.456. Registration and reports, who shall file, exceptions. —
1. Except for charitable organizations which are exempted under subsection 2 of this section, no charitable organization shall solicit funds in this state, nor employ a professional fund-raiser to solicit funds in this state, for any charitable purpose unless it, and each professional fund-raiser employed by it, have filed all registrations and reports required by sections 407.450 to 407.478.
2. The provisions of sections 407.459 and 407.462, and subsection 1 of section 407.469 shall not apply to the following:
(1) Religious organizations;
(2) Educational institutions and their authorized and related foundations;
(3) Fraternal, benevolent, social, educational, alumni, and historical organizations, and any auxiliaries associated with any of such organizations, when solicitation of contributions is confined to the membership of such organizations or auxiliaries;
(4) Hospitals and auxiliaries of hospitals, provided all fund-raising activities and solicitations of contributions are carried on by employees of the hospital or members of the auxiliary and not by any professional fund-raiser who is employed as an independent contractor;
(5) Any solicitation for funds governed by chapter 130; and
(6) Any organization that has obtained an exemption from the payment of federal income taxes as provided in section 501(c)(3), 501(c)(7) or 501(c)(8) of Title 26, United States Code, as amended, if, in fact, no part of the net earnings of the organization inure to the benefit of any private party or individual associated with such organization.
3. Sections 407.450 to 407.478 shall apply regardless of any contrary provisions contained in any contract, agreement, instrument or other document.
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(L. 1986 S.B. 685, A.L. 1988 H.B. 1760)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.459 - Register of documents, maintained by attorney general — public inspection, exception.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, see footnote
407.459. Register of documents, maintained by attorney general — public inspection, exception. —
The attorney general shall establish and maintain a register of all documents filed by charitable organizations in accordance with the provisions of sections 407.450 to 407.478. Such register shall be open to public inspection; except that, the attorney general may withhold from public inspection documents or information obtained in the course of an investigation undertaken pursuant to the provisions of this chapter, or which otherwise may be withheld from public inspection by law.
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(L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.462 - Registration and reports, required of soliciting organization, fee — form — exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, see footnote
407.462. Registration and reports, required of soliciting organization, fee — form — exceptions. —
1. No charitable organization shall solicit funds in this state, nor employ a professional fund-raiser to solicit funds in this state, for any charitable purpose, unless it has filed with the office of the attorney general an initial registration, which shall be sworn to under oath and shall be in the form and manner prescribed by the attorney general, except that charitable organizations in existence and soliciting on May 1, 1986, may file such initial registration within one year of May 1, 1986. All initial registrations, and amendments thereto, shall be accompanied by a filing fee of fifteen dollars unless the attorney general, by rule, establishes a different filing fee. Amendments to initial registrations shall be filed as prescribed by the attorney general.
2. In addition to the documents required by subsection 1 of this section, every charitable organization shall, within seventy-five days of the close each of its fiscal years ending after the date on which the charitable organization files its initial registration under subsection 1 of this section, file an annual report. Each annual report shall be sworn to under oath, and shall be in the form and shall be filed in the manner prescribed by the attorney general. Each annual report shall be accompanied by a filing fee of fifteen dollars unless the attorney general, by rule, establishes a different filing fee. The provisions of this subsection shall not apply to:
(1) Any charitable organization which receives an allocation of money from an incorporated community chest or united fund, provided such community chest or united fund is complying with all provisions of this section relating to the filing of registrations, amendments to registrations and annual reports;
(2) Any charitable organization which does not actually raise or receive contributions in cash, goods or services valued in excess of the dollar amount established by the attorney general by rule, which amount shall not be less than ten thousand dollars, during the twelve-month period immediately preceding the date on which its annual report would otherwise be due under this subsection; or
(3) Any charitable organization which is a local affiliate of a statewide or national charitable organization if all local fund-raising expenses are paid by the statewide or national organization and the statewide or national organization files the annual report required by this subsection.
3. All fees collected pursuant to this section shall be credited to and deposited in the merchandising practices revolving fund.
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(L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.466 - Registration by fund-raisers — form — oath — fees.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, see footnote
407.466. Registration by fund-raisers — form — oath — fees. —
1. No person shall act as a professional fund-raiser for any charitable organization unless he is registered with the attorney general and such registration has not expired or been cancelled. Applications for registration as a professional fund-raiser, and renewals thereof, shall be in the form and manner prescribed by the attorney general, and shall be sworn to under oath. All registrations issued to professional fund-raisers shall be effective for a period of one year.
2. All applications for registration as a professional fund-raiser, and renewals thereof, shall be accompanied by a fee of fifty dollars unless a different fee has been prescribed by the attorney general by rule. All fees collected pursuant to this subsection shall be credited to and deposited in the merchandising practices revolving fund.
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(L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.469 - Disclosure of fund-raising costs and use of professional fund-raiser.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1994
407.469. Disclosure of fund-raising costs and use of professional fund-raiser. —
1. All charitable organizations required to submit an annual report under section 407.462 shall, upon request, disclose the percentage of the funds solicited which were spent on the costs of fund raising in the last twelve-month period for which an annual report was filed under section 407.462. For purposes of this section, costs of fund raising shall include all money directly expended on fund raising and that portion of all administrative expenses and salaries of the charitable organization attributable to fund-raising activities. Any person who markets or collects funds on behalf of a charitable organization shall state on all literature soliciting such funds that a portion of the funds contributed are used for marketing expenses and paid to persons for marketing the charitable organization, if any such funds are so used.
2. Whenever a solicitation of funds on behalf of a charitable organization is undertaken by a professional fund-raiser, the professional fund-raiser shall disclose that fact to prospective contributors.
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(L. 1986 S.B. 685, A.L. 1994 H.B. 1095)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.472 - Investigations by attorney general — investigative demand, how served — injunction, procedure.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2002
407.472. Investigations by attorney general — investigative demand, how served — injunction, procedure. —
1. When it appears to the attorney general that a person has engaged in, is engaging in or is about to engage in any method, use, act or practice declared to be unlawful by sections 407.450 to 407.478, or when it appears that any funds solicited by or on behalf of any charitable organization are being used, or are about to be used, for any purpose in violation of this chapter or section 576.080, or when he or she believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any such act or practice he or she may issue and cause to be served a civil investigative demand to assist in the investigation of the matter. The issuance and enforcement of each civil investigative demand shall be in compliance with all of the terms and provisions of sections 407.040 to 407.090.
2. Whenever it appears to the attorney general that a person has engaged in, is engaging in, or is about to engage in any method, use, act, or practice declared to be unlawful by sections 407.450 to 407.478, or when it appears that any funds solicited by or on behalf of any charitable organization are being used, or are about to be used, for any purpose in violation of this chapter or section 576.080, he or she 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 pursuant to this subsection all of the provisions of sections 407.100 to 407.140 shall apply thereto.
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(L. 1986 S.B. 685, A.L. 2002 S.B. 712)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.475 - No additional annual filing or reporting requirements, when — inapplicability.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2022
407.475. No additional annual filing or reporting requirements, when — inapplicability. —
1. Except when specifically required or authorized by federal law, no state agency or state official shall impose any additional annual filing or reporting requirements on an organization regulated or specifically exempted from regulation under sections 407.450 to 407.478 that are more stringent, restrictive, or expansive than the requirements authorized under section 407.462.
2. This section shall not apply to state grants or contracts, nor investigations under section 407.472, and shall not restrict enforcement actions against specific charitable organizations. This section shall not apply to labor organizations, as that term is defined in section 105.500.
3. This section shall not apply when an organization regulated or specifically exempted from regulation under sections 407.450 to 407.475 is providing any report or disclosure required by state law to be filed with the secretary of state.
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(L. 2022 H.B. 2400)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.478 - Provisions of charitable organizations and solicitations law no bar to other civil actions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 May 1986, see footnote
407.478. Provisions of charitable organizations and solicitations law no bar to other civil actions. —
Nothing in sections 407.450 to 407.478 shall be construed to preclude any person or group of persons from asserting any private cause of action they might have against a charitable organization.
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(L. 1986 S.B. 685)
Effective 5-01-86
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.489 - No ordinance shall prohibit a nonprofit organization or veterans organization from reselling donated goods in an area with other retailers, limitation.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 30 May 2012, 2 histories, see footnote
407.489. No ordinance shall prohibit a nonprofit organization or veterans organization from reselling donated goods in an area with other retailers, limitation. —
Notwithstanding any provision of section 89.020 to the contrary, the legislative body of all cities, towns, and villages is hereby prohibited from passing any zoning law, ordinance, or code that would prevent any entity organized pursuant to Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code that owns or operates a retail business engaged in the practice of reselling donated goods from operating a business establishment within any area where any other business engaged in retail sales is permitted to operate; provided that at least eighty percent of all revenue generated by such entity is used to fund the charitable purpose of the organization.
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(L. 2002 S.B. 810 § 1, A.L. 2012 S.B. 498)
Effective 5-30-12
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.511 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1989
407.511. Definitions. —
As used in sections 407.511 to 407.556, unless the context clearly indicates otherwise, the following terms mean:
(1)
"Mileage"
, the actual distance that a vehicle has traveled;
(2)
"Odometer"
, an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but does not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips;
(3)
"Person"
, any natural person, corporation, unincorporated association, partnership or any agent, corporate officer or partner acting in such capacity;
(4)
"Repair and replacement"
, to restore to a sound working condition by replacing the odometer or any part thereof or by correcting what is inoperative;
(5)
"Transfer"
, to change ownership by purchase, gift, or any other means;
(6)
"Transferee"
, any person to whom ownership of a motor vehicle is transferred by purchase, gift, or any means other than by the creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee; and
(7)
"Transferor"
, any person who transfers his ownership in a motor vehicle by sale, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferor.
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(L. 1983 S.B. 9, A.L. 1989 S.B. 327)