reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1068 - Application of law.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1999
407.1068. Application of law. —
The provisions of sections 407.1060 to 407.1068 shall apply to any transfer of structured settlement payment rights pursuant to a transfer agreement reached on or after August 28, 1999.
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(L. 1999 S.B. 1, et al. § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1079 - Telemarketers required to keep certain records.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2000
407.1079. Telemarketers required to keep certain records. —
1. A seller or telemarketer shall keep for a period of twenty-four months from the date the record is produced all verifiable authorizations and records as required in sections 407.1070 to 407.1085, in the form, manner, format or place as they keep such records in the ordinary course of business, including but not limited to:
(1) All substantially different advertising, brochures, telemarketing scripts and promotional materials;
(2) For any prize with a value of twenty-five dollars or greater, the name and last known address of each prize recipient and the prize awarded;
(3) The name and last known address of each consumer, the merchandise purchased, the date such merchandise was shipped or provided and the amount paid by the consumer for the merchandise;
(4) The name, any fictitious name used, the last known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales, provided, that if the seller permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and
(5) All written authorizations required to be provided or received pursuant to sections 407.1070 to 407.1085.
2. For offers of consumer credit products subject to The Truth in Lending Act, 15 U.S.C. et seq., and Regulation Z, 12 CFR 226, compliance with the record-keeping requirements pursuant to The Truth in Lending Act and Regulation Z shall constitute compliance with subdivision (3) of subsection 1 of this section.
3. The seller and the telemarketer calling on behalf of the seller may, by written agreement, allocate responsibility between themselves for the record keeping required by this section. When a seller and telemarketer have entered into such an agreement, the terms of the agreement shall govern, and the seller or telemarketer, as the case may be, need not keep records that duplicate those of the other. If the agreement is unclear as to who must maintain any required record, or if no such agreement exists, the seller shall be responsible for complying with subdivisions (1), (2), (3) and (5) of subsection 1 of this section and the telemarketer shall be responsible for complying with subdivision (4) of subsection 1 of this section.
4. In the event of any dissolution or termination of the telemarketer's business, the telemarketer shall maintain all records as required pursuant to this section. In the event of any sale, assignment or other change in ownership of the seller's business, the successor shall maintain all records required pursuant to this section.
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(L. 2000 S.B. 763)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1082 - Penalties — criminal penalties — civil damages.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Jan 2017, 2 histories, see footnote
407.1082. Penalties — criminal penalties — civil damages. —
1. It is unlawful pursuant to section 407.020 to violate any provision of sections 407.1070 to 407.1085 or to misrepresent or omit the required disclosures of section 407.1073 or 407.1076, and pursuant to sections 407.010 to 407.130, the violator shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130. The remedies available in this section are cumulative and in addition to any other remedies available by law.
2. Any person who willfully and knowingly engages in any act or practice declared to be unlawful by any provision of subdivisions (2) to (5) of section 407.1076 shall be guilty of a class A misdemeanor. Any person who willfully and knowingly engages in any act or practice declared to be unlawful by any provision of subdivision (1) of section 407.1076, or of subdivisions (6) to (11) of section 407.1076, shall be guilty of a class E felony. Any person previously convicted of a class E felony pursuant to this subsection shall, for each subsequent conviction, be guilty of a class E felony punishable by the term of years set out for a class E felony, but with a fine of not more than five thousand dollars or a fine equal to triple the gain, with no limit on the amount recoverable pursuant to any triple-the-gain penalty. Any person who willfully and knowingly fails to keep the records required in section 407.1079 shall be guilty of a class A misdemeanor.
3. In addition to the remedies already provided in sections 407.1070 to 407.1085, any consumer that suffers a loss or harm as a result of any unlawful telemarketing act or practice pursuant to section 407.1076 may recover actual and punitive damages, reasonable attorney's fees, court costs and any other remedies provided by law.
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(L. 2000 S.B. 763, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1090 - Required disclosures for entities soliciting contributions.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 2000
407.1090. Required disclosures for entities soliciting contributions. —
When any entity is paid for soliciting contributions via telephone calls, and the pay is based on contributions received as a result of the phone call, the entity making the calls must disclose immediately to all called parties the net percentage of contributions that go to the organization for which the contribution is solicited.
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(L. 2000 S.B. 763 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1095 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2012
407.1095. Definitions. —
As used in sections 407.1095 to 407.1110, the following words and phrases mean:
(1)
"Caller identification service"
, a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls;
(2)
"Residential subscriber"
, a person who, for primarily personal and familial use, has subscribed to residential telephone service, wireless service or similar service, or the other persons living or residing with such person;
(3)
"Telephone solicitation"
, any voice, facsimile, short messaging service (SMS), or multimedia messaging service (MMS), for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, but does not include communications:
(a) To any residential subscriber with that subscriber's prior express invitation or permission;
(b) By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past one hundred eighty days or a current business or personal relationship;
(c) By or on behalf of an entity organized pursuant to Chapter 501 (c)(3) of the United States Internal Revenue Code, while such entity is engaged in fund-raising to support the charitable purpose for which the entity was established provided that a bona fide member of such exempt organization makes the voice communication;
(d) By or on behalf of any entity over which a federal agency has regulatory authority to the extent that:
a. Subject to such authority, the entity is required to maintain a license, permit or certificate to sell or provide the merchandise being offered through telemarketing; and
b. The entity is required by law or rule to develop and maintain a no-call list;
(e) By a natural person responding to a referral, or working from his or her primary residence, or a person licensed by the state of Missouri to carry out a trade, occupation or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation or profession within the state or counties contiguous to the state.
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(L. 2000 S.B. 763, A.L. 2012 H.B. 1549)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1098 - Telephone solicitation of member on no-call list prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2012
407.1098. Telephone solicitation of member on no-call list prohibited. —
No person or entity shall make or cause to be made any telephone solicitation to any residential subscriber in this state who has given notice to the attorney general, in accordance with rules promulgated pursuant to section 407.1101 of such subscriber's objection to receiving telephone solicitations.
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(L. 2000 S.B. 763, A.L. 2012 H.B. 1549)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1104 - Caller identification service, telephone solicitor not to interfere with subscriber's use of service.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2012
407.1104. Caller identification service, telephone solicitor not to interfere with subscriber's use of service. —
1. Any person or entity who makes a telephone solicitation to any residential subscriber in this state shall, at the beginning of such solicitation, state clearly the identity of the person or entity initiating the solicitation.
2. No person or entity who makes a telephone solicitation to a residential subscriber in this state shall knowingly use any method to block or otherwise circumvent any subscriber's use of a caller identification service.
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(L. 2000 S.B. 763 § 407.1107, A.L. 2012 H.B. 1549)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1107 - Penalties, attorney general to enforce — civil, criminal, injunctive relief — private actions — defenses — statute of limitations.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2012
407.1107. Penalties, attorney general to enforce — civil, criminal, injunctive relief — private actions — defenses — statute of limitations. —
1. The attorney general may initiate proceedings relating to a knowing violation or threatened knowing violation of section 407.1098 or 407.1104. Such proceedings may include, without limitation, an injunction, a civil penalty up to a maximum of five thousand dollars for each knowing violation and additional relief in any court of competent jurisdiction. The attorney general may issue investigative demands, issue subpoenas, administer oaths and conduct hearings in the course of investigating a violation of section 407.1098 or 407.1104.
2. In addition to the penalties provided in subsection 1 of this section, any person or entity that violates section 407.1104 shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130. The remedies available in this section are cumulative and in addition to any other remedies available by law.
3. Any person who has received more than one telephone solicitation within any twelve-month period by or on behalf of the same person or entity in violation of section 407.1098 or 407.1104 may either:
(1) Bring an action to enjoin such violation;
(2) Bring an action to recover for actual monetary loss from such knowing violation or to receive up to five thousand dollars in damages for each such knowing violation, whichever is greater; or
(3) Bring both such actions.
4. It shall be a defense in any action or proceeding brought pursuant to this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of section 407.1098 or 407.1104.
5. No action or proceeding may be brought pursuant to this section:
(1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or
(2) More than two years after the termination of any proceeding or action arising out of the same violation or violations by the state of Missouri, whichever is later.
6. A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this section in the manner otherwise provided by law.
7. The remedies, duties, prohibitions and penalties of sections 407.1095 to 407.1107 are not exclusive and are in addition to all other causes of action, remedies and penalties provided by law.
8. No provider of telephone caller identification service shall be held liable for violations of section 407.1098 or 407.1104 committed by other persons or entities.
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(L. 2000 S.B. 763 § 407.1110, A.L. 2012 H.B. 1549)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1110 - Advisory group for consumer protection from telemarketers — publication of information on consumer rights.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2000
407.1110. Advisory group for consumer protection from telemarketers — publication of information on consumer rights. —
The attorney general shall establish an advisory group composed of government entities, local telecommunications companies, businesses, and senior citizen and other community advocates to compile and promote a list of educational literature to help consumers understand their options with regard to telephone solicitations. The attorney general shall work with local exchange telecommunications companies to disseminate to their residential subscribers information about the availability of and instructions about how to request educational literature from the attorney general. The attorney general may enter into agreements with those companies for the purpose of dissemination of the educational literature. The attorney general shall include on his or her internet website information that informs residential subscribers of their rights to be placed on a no-call list and the various methods, including notice to the attorney general, of placing their names on this no-call list. The attorney general shall have this literature developed for dissemination to the public no later than January 1, 2001.
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(L. 2000 S.B. 763 § 407.1113)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1120 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2000
407.1120. Definitions. —
As used in sections 407.1120 to 407.1132, the following terms mean:
(1)
"Assist the transmission"
, actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate or transmit a commercial electronic mail message;
(2)
"Commercial electronic mail message"
, an electronic mail message sent for the purpose of promoting real property, goods or services for sale or lease. Commercial electronic mail message does not include:
(a) An electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the user has agreed to such an arrangement;
(b) An electronic mail message between persons with a prior business relationship; or
(c) An electronic mail message between persons with a personal relationship;
(3)
"Electronic mail address"
, a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered;
(4)
"Initiate the transmission"
, the action by the original sender of an electronic mail message, but not the action by any intervening interactive computer service that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates sections 407.1120 to 407.1132;
(5)
"Interactive computer service"
, any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions;
(6)
"Internet domain name"
, a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
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(L. 2000 S.B. 763 § 407.1300)
Contingent expiration date, see § 407.1132
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1123 - Unsolicited electronic mail without either return email address or toll-free number prohibited

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2000
407.1123. Unsolicited electronic mail without either return email address or toll-free number prohibited —
1. No person or entity conducting business in this state shall electronically mail (email) or cause to be emailed documents consisting of advertising material for the lease, sale, rental, gift offer or other disposition of any realty, goods, services or extensions of credit without a toll-free telephone number or valid sender-operated return email address that the recipient of the unsolicited documents may call or email to notify the sender not to email any further unsolicited documents.
2. It is an unlawful merchandising practice pursuant to section 407.020 to assist in the transmission of an unsolicited commercial electronic mail message when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates sections 407.1120 to 407.1132.
3. As used in this section, the phrase
"assist or initiate the transmission"
does not include or refer to the transmission of any commercial electronic mail message by a telecommunications utility or internet service provider to the extent that the telecommunications utility or internet service provider merely carries such transmission over its network.
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(L. 2000 S.B. 763 § 407.1310)
Contingent expiration date, see § 407.1132
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1126 - Penalties.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2000
407.1126. Penalties. —
It is an unlawful merchandising practice pursuant to section 407.020 to violate the provisions of sections 407.1120 to 407.1132.
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(L. 2000 S.B. 763 § 407.1320)
Contingent expiration date, see § 407.1132
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1129 - Damages.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2000
407.1129. Damages. —
1. Damages to the recipient of a commercial electronic mail message sent in violation of sections 407.1120 to 407.1132 are five hundred dollars, or actual damages, whichever is greater.
2. Damages to an interactive computer service resulting from a violation of sections 407.1120 to 407.1132 are one thousand dollars, or actual damages, whichever is greater.
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(L. 2000 S.B. 763 § 407.1330)
Contingent expiration date, see § 407.1132
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1132 - Interactive computer service may block certain electronic mail without liability — federal law to control if enacted.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2000
407.1132. Interactive computer service may block certain electronic mail without liability — federal law to control if enacted. —
1. An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of sections 407.1120 to 407.1132.
2. No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail which it reasonably believes is, or will be, sent in violation of sections 407.1120 to 407.1132.
*
3. Sections 407.1120 to 407.1132 shall be of no force and effect on and after the date that federal law is enacted that prohibits or otherwise regulates the transmission of unsolicited commercial electronic mail messages.
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(L. 2000 S.B. 763 § 407.1340)
*Contingent expiration date
*Revisor's note: In 2003, Congress passed the CAN-SPAM Act (15 U.S.C. Section 7701 et seq.) regarding unwanted commercial electronic mail.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1138 - Prohibited acts — rulemaking authority, attorney general.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2003
407.1138. Prohibited acts — rulemaking authority, attorney general. —
1. It shall be a violation of this section for any person or entity who initiates the transmission of any commercial electronic mail message to any subscriber in this state to provide a false identity or false or misleading information in the subject line.
2. It shall be a violation of this section for any person that sends an unsolicited commercial electronic mail message to fail to use the exact characters "ADV:" as the first four characters in the subject line of the unsolicited commercial electronic mail message.
3. It shall be a violation of this section for any person that sends an unsolicited commercial electronic mail message that contains obscene material as defined in section 573.010 or references a website that contains obscene material to fail to use the exact characters "ADV:ADLT" as the first eight characters in the subject line of the unsolicited commercial electronic mail message that contains obscene material.
4. It shall be a violation of this section to initiate the transmission of any unsolicited commercial electronic mail to a subscriber in this state who has notified a sender not to initiate the transmission of any further unsolicited commercial electronic mail. For purposes of this subsection, a subscriber is deemed to have notified a sender not to initiate the transmission of any further unsolicited commercial electronic mail if the subscriber:
(1) Replies to a sender at the valid sender-operated return electronic mail address or the sender's toll-free telephone number with directions not to initiate the transmission of any further unsolicited commercial electronic mail as provided in section 407.1123; or
(2) Otherwise gives actual notice to a sender not to initiate the transmission of further unsolicited commercial electronic mail; or
(3) Notifies the attorney general if a sender fails to provide a toll-free telephone number or valid sender-operated return electronic mail address as required by section 407.1123.
5. The attorney general shall promulgate rules and regulations as he or she deems necessary and appropriate to fully implement the provisions of sections 407.1135 to 407.1141.
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(L. 2003 H.B. 228 § 407.1144)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1141 - Attorney general to initiate proceedings for violation — penalties — defenses — action barred, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2003
407.1141. Attorney general to initiate proceedings for violation — penalties — defenses — action barred, when. —
1. The attorney general may initiate proceedings relating to a knowing violation of sections 407.1135 to 407.1141. Such proceedings may include an injunction, a civil penalty up to a maximum of five thousand dollars for each knowing violation, not to exceed twenty-five thousand dollars per day, in any court of competent jurisdiction. The attorney general may issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of sections 407.1135 to 407.1141.
2. In addition to the penalties provided in subsection 1 of this section, any person or entity that violates sections 407.1135 to 407.1141 shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130. The remedies available in this section are cumulative and in addition to any other remedies available by law. Any civil penalties recovered pursuant to this section shall be credited to the merchandising practices revolving fund.
3. It shall be a defense in any action or proceeding brought pursuant to this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent the transmission of unsolicited commercial electronic mail messages in violation of section 407.1138.
4. No action or proceeding may be brought pursuant to this section:
(1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or
(2) More than two years after the termination of any proceeding or action arising out of the same violation or violations by the state of Missouri, whichever is later.
5. A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this section in the manner otherwise provided by law.
6. No telecommunications utility, electronic mail service provider, or internet service provider shall be liable for violations of section 407.1138 when:
(1) It is an intermediary between the sender and recipient in the transmission of an email that violates sections 407.1135 to 407.1141; or
(2) It provides transmission of unsolicited commercial electronic mail messages over the provider's computer network or facilities; or
(3) It voluntarily takes action in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes are, or will be, sent in violation of sections 407.1135 to 407.1141.
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(L. 2003 H.B. 228 § 407.1147)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1150 - Publishing or disseminating criminal record information prohibited — definitions — violation, penalty.

Title XXVI TRADE AND COMMERCE
Chapter 407
Effective - 28 Aug 2014
407.1150. Publishing or disseminating criminal record information prohibited — definitions — violation, penalty. —
1. As used in this section, the following words and phrases shall mean:
(1)
"Booking photograph"
, a photograph of a subject individual that was taken in this state by an arresting law enforcement agency;
(2)
"Criminal record information"
, a booking photograph, or the name, address, charges filed, or a description of a subject individual who is asserted or implied to have engaged in illegal conduct;
(3)
"Subject individual"
, an individual who was arrested and had his or her photograph taken by law enforcement during the processing of the arrest.
2. It shall be unlawful for any person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium to solicit or accept from a subject individual the payment of a fee or other consideration to remove or correct criminal record information.
3. A person who knowingly and willfully violates the provisions of this section shall be guilty of a class A misdemeanor.
4. Each payment solicited or accepted in violation of this section constitutes a separate violation.
5. In addition to the remedies already provided in this section, any subject individual who suffers a loss or harm as a result of a violation of this section may be awarded an amount equal to ten thousand dollars or actual and punitive damages, whichever is greater, and in addition may be awarded reasonable attorney's fees, court costs, and any other remedies provided by law. Humiliation or embarrassment shall be adequate to show that the plaintiff has incurred damages; however, no physical manifestation of either humiliation or embarrassment is necessary for damages to be shown.
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(L. 2014 H.B. 1665 & 1335)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1246 - Renewal of registration, procedure, fee.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2005
407.1246. Renewal of registration, procedure, fee. —
Each travel club registered under sections 407.1240 to 407.1252 may renew its registration by filing with the attorney general a registration renewal statement containing all of the information required in section 407.1243 within thirty calendar days of the anniversary date of the attorney general's issuance of its approval of the travel club's registration statement. The attorney general may charge an annual renewal fee in a sum not to exceed fifty dollars.
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(L. 2005 S.B. 274)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1249 - Right to rescind and cancel, time period allowed.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2009, 3 histories
407.1249. Right to rescind and cancel, time period allowed. —
Assuming a purchaser returns to the travel club all materials of value delivered to the purchaser at closing, all purchasers of travel club memberships from a travel club that is registered shall have the nonwaivable right for a period of three business days after the date of their purchase to rescind and cancel their travel club purchase and receive a full refund of all sums otherwise paid to the travel club within fifteen business days of such rescission, minus the actual and reasonable cost of processing the refund, including credit card fees if applicable. Use of travel club benefits during such rescission period shall not waive the right afforded by this section. Individuals who purchase travel club memberships from a travel club that is not registered under sections 407.1240 to 407.1252 shall have a nonwaivable right for a period of three years from the date of purchase to rescind and cancel their travel club membership and shall receive a full refund within fifteen business days of such rescission.
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(L. 2005 S.B. 274, A.L. 2006 S.B. 1216, A.L. 2009 H.B. 83)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1323 - Recreational vehicle manufacturers and dealers, written agreement required, when — sales of RVs, conditions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Aug 2002, see footnote
407.1323. Recreational vehicle manufacturers and dealers, written agreement required, when — sales of RVs, conditions. —
1. All manufacturers and dealers doing business in this state must have a written agreement signed by both parties. This law shall supercede any conflicting statutes in states where enacted.
2. The manufacturer shall designate in writing subject to annual review the area of sales responsibility exclusively assigned to an RV dealer and shall not establish another RV dealer for the same line-make in the same area during the duration of the agreement unless the manufacturer can show good cause for the addition of the new RV dealer including reasonable evidence that the market will support the establishment of a new dealership.
3. Sales of RVs by manufacturers or distributors shall be in accordance with published prices, charges and terms of sale in effect at any given time. The manufacturer will sell products on the same basis, with respect to all rebates, discounts and programs, to all competing dealers similarly situated.
4. No manufacturer, directly or through any officer, agent or employee, may terminate an RV dealer agreement without good cause. The burden of showing good cause is on the manufacturer. Prior to the expiration of a dealer agreement, both parties shall enter into negotiations for renewal of the dealer agreement in good faith, and neither will arbitrarily require a substantial change in competitive circumstances. When taking on a competing manufacturer's lines, a dealer must notify existing manufacturers in writing, at least thirty days prior to entering into such an agreement, to sell the same type of recreational vehicle.
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(L. 2001 H.B. 575)
Effective 8-01-02
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1326 - Termination notice, requirements, contents.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Aug 2002, see footnote
407.1326. Termination notice, requirements, contents. —
1. Except as provided in this section, a manufacturer shall provide an RV dealer at least one hundred twenty days prior written notice of termination. The notice shall state all the reasons for termination and shall further state that if, within thirty days following receipt of the manufacturer's notice, the RV dealer provides to the manufacturer a written notice of intent to cure all claimed deficiencies, the RV dealer will then have one hundred twenty days from the date of the manufacturer's notice to rectify such deficiencies. If the deficiency is rectified within one hundred twenty days, the manufacturer's notice shall be void. However, if the RV dealer fails to provide the notice of intent to cure deficiencies in the proscribed time period, the termination shall take effect thirty days after the RV dealer's receipt of the manufacturer's notice unless the dealer has new and untitled inventory on hand in which case, if requested by the dealer, it will take effect upon the sale of the remaining inventory but in no event later than one hundred twenty days from the manufacturer's notice of termination.
2. The one hundred twenty day-notice may be reduced to thirty days' notice if the grounds for termination are
*
due to:
(1) Conviction of or pleas of nolo contendere to a felony of an RV dealer, or one of its owners;
(2) The business operations of the RV dealer have been abandoned or closed for ten consecutive business days unless the closing is due to an act of God, strike or labor difficulty, or other cause over which the dealer has no control;
(3) A material misrepresentation by the RV dealer; or
(4) The suspension, revocation, or refusal to renew the RV dealer's license.
3. The notice provisions of this section shall not apply if the reason for termination is insolvency, the occurrence of an assignment for the benefit of creditors or bankruptcy.
4. A dealer may terminate its dealer agreement at any time by giving written notice of such intention to the
**
manufacturer at least thirty days prior to the effective date specified for termination.
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(L. 2001 H.B. 575)
Effective 8-01-02
*Word "is" appears in original rolls.
**Word "the" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1329 - Repurchase upon termination of agreement.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2020, 2 histories
407.1329. Repurchase upon termination of agreement. —
If the RV dealer agreement is terminated, cancelled, or not renewed by the manufacturer for cause, or if the dealer voluntarily terminates an RV dealer agreement in a manner permitted by such agreement, or if the manufacturer terminates or discontinues a franchise by discontinuing a line-make or by ceasing to do business in this state, or if the manufacturer changes the distributor or method of distribution of its products in this state or alters its sales regions or marketing areas within this state in a manner that eliminates or diminishes the dealer's market area, the manufacturer shall, at the election of the RV dealer, within thirty days of termination, repurchase:
(1) All new, untitled recreation vehicle inventory, acquired from the manufacturer in the previous eighteen months, which has not been altered or damaged to the extent that such damage must be disclosed to the consumer pursuant to section 407.1343, at one hundred percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer;
(2) All current and undamaged manufacturer's accessories and proprietary parts sold to the dealer for resale, if accompanied by the original invoice, at one hundred five percent of the original net price paid to the manufacturer to compensate the dealer for handling, packing, and shipping the parts; and
(3) Any fully and correctly functioning diagnostic equipment, special tools, current signage and other equipment and machinery, at one hundred percent of the dealer's net cost plus freight, destination, delivery and distribution charges and sales taxes, if any, provided it was purchased by the dealer within five years before termination and upon the manufacturer's request and can no longer be used in the normal course of the dealer's ongoing business.
­­The manufacturer shall pay the dealer within thirty days of receipt of all items returned for repurchase under this section.
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(L. 2001 H.B. 575, A.L. 2020 H.B. 1963)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1332 - Change in ownership, notice — rejection of change, notice.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Aug 2002, see footnote
407.1332. Change in ownership, notice — rejection of change, notice. —
1. If a recreation vehicle dealer desires to make a change in its ownership by the sale of the business assets, stock transfer, or otherwise, the recreation vehicle dealer must give the manufacturer thirty days' written notice prior to the closing including all supporting documentation as may be required by the manufacturer. The manufacturer shall not refuse to agree to such proposed change or sale and may not disapprove or withhold approval of such change or sale unless the manufacturer can show that its decision is based on manufacturer's reasonable criteria, which may include the prospective transferee's business experience, moral character, financial qualifications and any criminal record.
2. If the manufacturer rejects a proposed change or sale, the manufacturer shall give written notice of its reasons to the recreation vehicle dealer within thirty days after receipt of the dealer notification and complete documentation. If no such notice is given to the recreation vehicle dealer, the change or sale shall be deemed approved.
3. The manufacturer shall have the burden in showing that its rejection of the transfer or sale is reasonable.
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(L. 2001 H.B. 575)
Effective 8-01-02
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1335 - Succession in dealerships, conditions, restrictions and prohibitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Aug 2002, see footnote
407.1335. Succession in dealerships, conditions, restrictions and prohibitions. —
It is unlawful for any manufacturer to fail to provide a dealer an opportunity to designate, in writing, a member of the dealer's family as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. It shall be unlawful to prevent or refuse to honor the succession to a dealership by a member of the family of the deceased, retired or incapacitated dealer unless the manufacturer has provided to the dealer written notice of its objections. Grounds for objection shall be lack of creditworthiness, conviction of a felony, lack of required licenses or business experience or other conditions which make such succession unreasonable under the circumstances, but the manufacturer shall bear the burden of showing the unreasonableness of such succession. However, no member of the family may succeed to an RV dealership if the succession to the RV dealership involves, without the manufacturer's consent, a relocation of the business or an alteration of the terms and conditions of the written agreement.
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(L. 2001 H.B. 575)
Effective 8-01-02
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1340 - Violation of dealer agreement.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Aug 2002, see footnote
407.1340. Violation of dealer agreement. —
Notwithstanding the terms of any RV manufacturer/dealer agreement, it shall be a violation of this chapter for:
(1) Any warrantor to fail to indemnify and hold harmless its dealer against any losses or damages, to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shall provide to the warrantor a copy of pending suits in which allegations are made that come within this subsection within ten days of receiving such suit;
(2) Any dealer to fail to indemnify and hold harmless its warrantor against any losses or damages, to the extent such losses or damages are caused by the negligence or willful misconduct of the dealer. The warrantor shall provide to the dealer a copy of pending suits in which allegations are made that come within this subsection within ten days of receiving such suit.
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(L. 2001 H.B. 575)
Effective 8-01-02
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1343 - Damage to new RVs, written disclosure to dealer required, when — reversion of ownership to manufacturer or distributor, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Aug 2002, see footnote
407.1343. Damage to new RVs, written disclosure to dealer required, when — reversion of ownership to manufacturer or distributor, when. —
1. On any new RV, any uncorrected, significant damage or any corrected damage exceeding five hundred dollars or ten percent of the dealer's invoice, whichever is greater, must be disclosed to the dealer in writing prior to delivery. The dealer is responsible for disclosing such damage to the consumer in writing and must obtain a written acknowledgment of such damage from the consumer. A copy of the consumer's acknowledgment must be provided to the manufacturer. Factory or dealer repairs to glass, tires, wheels, bumpers, audio/video equipment, in-dash components, instrument panels, decorating items, appliances, furniture and components are excluded from disclosure when properly replaced by substantially similar manufacturer's or distributor's original equipment, materials or parts.
2. Whenever a new RV is damaged prior to transit to the dealer, or is damaged in transit to the dealer when the carrier or means of transportation has been determined by the manufacturer, or distributor, the dealer shall:
(1) Notify the manufacturer or distributor of such damage by the next business day after the date of delivery of such new RVs to the new RV dealership or within such additional time as specified in the RV manufacturer/dealer agreement; and
(2) Either:
(a) Request from the manufacturer or distributor authorization to replace the components, parts and accessories damaged or otherwise correct the damage; or
(b) Reject the vehicle by the next business day after delivery.
3. If the manufacturer or distributor refuses or fails to authorize repair of such damage within ten days after receipt of notification, or if the dealer rejects the RV because of damage, ownership of the new RV shall revert to the manufacturer or distributor. The
*
dealer will exercise due care in custody, but the RV dealer shall have no other obligations, financial or otherwise, with respect to such RV.
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(L. 2001 H.B. 575)
Effective 8-01-02
*Word "The" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.1346 - New RV dealership, restrictions on operation or ownership by a manufacturer.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 01 Aug 2002, see footnote
407.1346. New RV dealership, restrictions on operation or ownership by a manufacturer. —
1. A manufacturer shall be prohibited from owning or operating a new RV dealership in this state. It is not a violation of this section for a manufacturer to own or operate a new RV dealership:
(1) For a temporary period of not more than sixty months if the dealership is for sale at a reasonable price and on reasonable terms and conditions to an independent qualified buyer; or
(2) In a bona fide relationship with an independent person who:
(a) Is required to make a significant investment in the new RV dealership subject to loss; and
(b) Operates the dealership and can reasonably expect to acquire full ownership of the dealership within a reasonable time and under reasonable terms and conditions; or
(3) If the manufacturer has no other dealers of the same line-make in this state.
2. Nothing in this section shall be deemed to prohibit a manufacturer from owning a minority interest in an entity that owns RV dealerships of the same line-make manufactured and sold through dealers in this state by the manufacturer, provided that all of the following conditions are met at the time of acquisition and continue to be met during the time the entity maintains ownership:
(1) The interest owned by the manufacturer in said entity shall not exceed forty-five percent of the total ownership;
(2) All the manufacturer's dealer agreements confer rights on the dealer of the line-make to develop and operate, within a defined geographic territory or area, in as many dealership facilities as the dealer and manufacturer shall agree are appropriate.
3. Subsections 1 and 2 of this section shall not apply to manufacturers that own or operate an RV dealership in this state as of August 28, 2001.
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(L. 2001 H.B. 575)
Effective 8-01-02