reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 7 - Rules for Advertising › Section 15 CSR 60-7.060 - Price Comparisons and Savings Claims

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo
				  (1986). This rule specifies acts and practices that are deemed to be violative
				  of section
				  407.020,
				  RSMo (1986).
(1) Price
				Comparison in General.
(A) Examples:
				$29.99-Save $10; 20% off all men's shirts.
(B) A seller shall not make any price
				comparison in which the product being advertised materially differs in
				composition, grade or quality, style or design, model, name or brand, kind or
				variety, or service and performance characteristics from the comparative
				product, unless the seller clearly discloses the material difference in the
				advertisement with the price comparison.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 7 - Rules for Advertising › Section 15 CSR 60-7.070 - Records of Fact for Price Comparison or Savings Claims

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo
				  (1986). This rule specifies acts and practices that are deemed to be violative
				  of section
				  407.020,
				  RSMo (1986)
.
(1) A seller
				shall not use any price comparison or savings claims in its advertisement of
				products in this state unless it maintains adequate records which disclose the
				factual basis for the price comparison or savings claims and from which the
				validity of any claim can be established. These records shall be maintained for
				at least twelve (12) months from the date of the advertisement.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986 and 407.145, RSMo 1986.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 7 - Rules for Advertising › Section 15 CSR 60-7.080 - Bait Offers and Availability of Advertised Merchandise

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo
				  (1986). This rule specifies acts and practices that are deemed to be violative
				  of section
				  407.020,
				  RSMo (1986).
(1) A seller
				shall not-
(A) Make bait offers; or
(B) Advertise any product unless the seller
				has that product in stock or available for sale in sufficient quantities to
				meet reasonably anticipated customer demand during the effective period of the
				advertisement, unless-
1. The seller clearly
				discloses in its advertisement that quantities are limited or the restrictions
				apply to the advertised offer;
2.
				The seller ordered the advertised product in a timely manner and in sufficient
				quantities to meet reasonably expected demand, but conditions beyond a seller's
				control prevented it from having the product in stock during the selling period
				and the seller was unable to cancel or amend the advertisement; or
3. In connection with an advertisement, sale
				or offering for sale by retail food stores of food or grocery products, the
				seller offers-
A. A raincheck entitling
				prospective purchasers to purchase the advertised product at the advertised
				price and the seller actually has the product available within a reasonable
				time; or
B. At the advertised price
				or at a comparable price reduction a similar product that is at least
				comparable in value to the advertised product.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 7 - Rules for Advertising › Section 15 CSR 60-7.090 - Bait and Switch Scheme

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo
				  (1986). This rule specifies acts and practices that are deemed to be violative
				  of section
				  407.020,
				  RSMo (1986).
(1) A seller
				shall not-
(A) Employ any bait and switch
				scheme;
(B) Publish any
				advertisement unless it is a bona fide offer to sell the advertised product;
				or
(C) Use any advertising that
				creates a false impression about the product being offered in order to lay the
				foundation for a later switch to another product.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 7 - Rules for Advertising › Section 15 CSR 60-7.100 - Retail Price Labeling

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo
				  (1986). This rule specifies acts and practices that are deemed to be violative
				  of section
				  407.020,
				  RSMo (1986)
.
(1) A price
				label permanently imprinted on or affixed to a product or its container by the
				manufacturer or supplier, and not under the control of or instigated by the
				seller, or which is required to be attached to that product under federal law,
				need not be covered or obliterated when the seller's current offering price is
				attached to, printed on or placed on a label, tag or sign accompanying the
				product, provided that no other price comparison based on that label is made by
				the seller.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986 and 407.145, RSMo 1986.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 7 - Rules for Advertising › Section 15 CSR 60-7.110 - Lowest Price Guarantee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo
				  (1986). This rule specifies acts and practices that are deemed to be violative
				  of section
				  407.020,
				  RSMo (1986).
(1) A seller
				shall not make any reference to a policy of matching or bettering competitors'
				prices in any television or print advertisement unless the seller clearly and
				prominently discloses in the advertisement all material conditions and
				limitations that apply and that full details are posted at the seller's place
				of business.
(2) A seller shall not
				make any reference to a policy of matching or bettering competitors' prices in
				any radio advertisement if material limitations exist unless the advertisement
				includes the statement: Some substantial conditions and limitations apply. See
				full detail in store, or words to that effect.
(3) Any policy of matching or bettering
				competitors' prices shall not place an unrealistic or unreasonable burden on
				the consumer.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986 and 407.145, RSMo 1986.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify the meaning of terms whether or not used in
				  the Act. This rule specifies the settled meanings of certain terms used in the
				  enforcement of the Act and provides notice to the public of their
				  application.
(1) Unless
				inconsistent with the definitions provided in Chapter 407, RSMo, the following
				terms and phrases shall mean:
(A) Actual cost
				shall mean money expended or credit incurred and no allowance shall be made for
				the replacement cost of merchandise that the seller is reasonably assured of
				recouping the replacement cost as part of the price of subsequent sales of the
				merchandise;
(B) Consumer shall
				include any person (as defined in section 407.010.5., RSMo) who purchases, may
				purchase or is solicited for purchase of merchandise;
(C) Disaster area shall mean an area declared
				to be a disaster area by either state or federal authorities. A disaster area,
				for purposes of
				15 CSR 60-8.030,
				will expire upon the termination date stated in the order or declaration issued
				by state or federal authorities, or if no termination date is stated, shall
				expire thirty (30) days from the date of issuance of the order or declaration.
				Such order or declaration may be renewed by state or federal authorities. Each
				renewal will expire upon the termination date stated in the renewal, or if no
				termination date is stated, shall expire thirty (30) days from the date of
				issuance of the renewal;
(D)
				Excessive price shall mean a seller's price that is not justified by the
				seller's actual cost of acquiring, producing, selling, transporting, and
				delivering the actual product sold plus the seller's usual and customary profit
				margin prior to the onset of the natural disaster. An excessive price, for
				purposes of determining a violation of
				15 CSR 60-8.030,
				shall not include any price agreed to by a buyer and seller prior to the
				declaration of an applicable disaster;
(E) Good faith shall mean honesty in fact and
				the observance of reasonable commercial standards of fair dealing in the
				trade;
(F) Natural disaster shall
				mean property damage caused by heavy rainfall, storm, tornado, flooding, or
				earthquake; and
(G) Necessity shall
				include all materials and services related to, but not limited to, food, water,
				medical treatment, sanitation, construction, repair, and
				transportation.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.020 - Unfair Practice in General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify the meaning of terms whether or not used in
				  the Act. This rule specifies the settled meanings of certain terms used in the
				  enforcement of the Act and provides notice to the public of their
				  application.
(1) An unfair
				practice is any practice which-
(A) Either-
1. Offends any public policy as it has been
				established by the Constitution, statutes or common law of this state, or by
				the Federal Trade Commission, or its interpretive decisions; or
2. Is unethical, oppressive or unscrupulous;
				and
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.030 - Price Gouging

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Practices specified
				  are not intended to be an all inclusive list of practices which are unfair, but
				  this rule enumerates specific practices which are unfair and are violative of
				  section
				  407.020,
				  RSMo.
(1) It is an unfair
				practice for any person in connection with the advertisement or sale of
				merchandise to-
(A) Take advantage of a
				person's physical or mental impairment or hardship caused by extreme temporary
				conditions, and charge a price substantially above the previous market price of
				the merchandise in seller's trade area;
(B) Charge within a disaster area an
				excessive price for any necessity; or
(C) Charge any person an excessive price for
				any necessity which the seller has reason to know is likely to be provided to
				consumers within a disaster area.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.040 - Duty of Good Faith

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Practices specified
				  are not intended to be an all inclusive list of practices which are unfair, but
				  this rule enumerates specific practices which are unfair and are violative of
				  section
				  407.020,
				  RSMo
.
(1) It is an unfair
				practice for any person in connection with the advertisement or sale of
				merchandise to violate the duty of good faith in solicitation, negotiation and
				performance, or in any manner fail to act in good faith (see section
				400.2-103(1)(b),
				Restatement, Second, Contracts section 205).
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.050 - Duress and Undue Influence

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Practices specified
				  are not intended to be an all inclusive list of practices which are unfair, but
				  this rule enumerates specific practices which are unfair and are violative of
				  section
				  407.020,
				  RSMo.
(1) It is an unfair
				practice for any person in connection with the advertisement or sale of
				merchandise to use or employ any duress, or undue influence (see section
				400.2-103(1)(b),
				Restatement, Second, Contracts sections 205, 364).
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.060 - Unsolicited Merchandise and Negative Option Plans

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Practices specified
				  are not intended to be an all inclusive list of practices which are unfair, but
				  this rule enumerates specific practices which are unfair and are violative of
				  section
				  407.020,
				  RSMo.
(1) It is an unfair
				practice for any seller in connection with the advertisement or sale of
				merchandise to bill, charge or attempt to collect payment from consumers, for
				any merchandise which the consumer has not ordered or solicited.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.070 - Unilateral Breach of Contract

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Practices specified
				  are not intended to be an all inclusive list of practices which are unfair, but
				  this rule enumerates specific practices which are unfair and are violative of
				  section
				  407.020,
				  RSMo.
(1) It is an unfair
				practice for any person in connection with the sale of merchandise to
				unilaterally breach unambiguous provisions of consumer contracts (see
Orkin Exterminating Company, Inc. v. Federal Trade Commission
,
				849 F.2d 1354 (11th Cir. 1988)).
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.080 - Unconscionable Practices

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Practices specified
				  are not intended to be an all inclusive list of practices which are unfair, but
				  this rule enumerates specific practices which are unfair and are violative of
				  section
				  407.020,
				  RSMo.
(1) It is an unfair
				practice for any person in connection with the sale of merchandise to engage in
				any unconscionable act or practice, or to use any unconscionable contract or
				contract term.
(2) It is
				unconscionable to take advantage of an unequal bargaining position and obtain a
				contract or term which results in a gross disparity of values exchanged (see
				section
				400.2-302,
				RSMo; Restatement, Second, Contracts section 208).
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.090 - Illegal Conduct

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407,
				  RSMo.The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Practices specified
				  are not intended to be an all inclusive list of practices which are unfair, but
				  this rule enumerates specific practices which are unfair and are violative of
				  section
				  407.020,
				  RSMo
.
(1) It is an unfair
				practice for any person in connection with the advertisement or sale of
				merchandise to engage in any method, use or practice which-
(A) Violates state or federal law intended to
				protect the public; and
(B)
				Presents a risk of, or causes substantial injury to consumers.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.100 - Threatening to File or Filing Suit on Certain Consumer Debt

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the
				  Act.
This rule specifies the settled meanings of certain
				  terms used in the enforcement of the Act and provides notice to the public of
				  their application. Practices specified are not intended to be an all inclusive
				  list of practices which are unfair, but this rule enumerates specific practices
				  which are unfair and are violative of section
				  407.020,
				  RSMo.
(1) It is an unfair
				practice for any person to threaten to file a civil action, or to file a civil
				action, for a debt that is primarily for personal, family, or household
				purposes, if such debt has been-
(A) In
				default for a period of time such that the statute of limitation to file a
				civil action for collection of the debt has expired;
(B) Discharged by a bankruptcy
				court;
(C) Declared void by a court
				of competent jurisdiction; or
(D)
				Deemed fully satisfied pursuant to an agreement with the consumer and the
				creditor or its assigns.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 8 - Unfair Practices › Section 15 CSR 60-8.110 - Reaffirmation of Consumer Debt Without Valuable Consideration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the
				  Act.
This rule specifies the settled meanings of certain
				  terms used in the enforcement of the Act and provides notice to the public of
				  their application. Practices specified are not intended to be an all inclusive
				  list of practices which are unfair, but this rule enumerates specific practices
				  which are unfair and are violative of section
				  407.020,
				  RSMo.
(1) It is an unfair
				practice to seek or obtain without valuable consideration a reaffirmation of an
				obligation arising out of any debt that is primarily for personal, family, or
				household purposes, and-
(A) For which the
				statute of limitation to file a civil action for collection of the debt has
				expired;
(B) That has been
				discharged in bankruptcy;
(C) That
				has been declared void by a court of competent jurisdiction; or
(D) That has been deemed fully satisfied
				pursuant to an agreement with the consumer and the creditor or its
				assigns.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify the meaning of terms whether or not used in
				  the Act. This rule specifies the settled meanings of certain terms used in the
				  enforcement of the Act and provides notice to the public of their
				  application.
(1) Unless
				inconsistent with the definitions provided in Chapter 407, RSMo, the following
				terms and phrases shall mean:
(A) Assertion
				may be words, conduct or pictorial depiction, and may convey past or present
				fact, law, value, opinion, intention or other state of mind;
(B) Consumer shall include any person (as
				defined in section 407.010.5., RSMo) who purchases, may purchase or is
				solicited for purchase of merchandise; and
(C) Material fact is any fact which a
				reasonable consumer would likely consider to be important in making a
				purchasing decision, or which would be likely to induce a person to manifest
				his/her assent, or which the seller knows would be likely to induce a
				particular consumer to manifest his/her assent, or which would be likely to
				induce a reasonable consumer to act, respond or change his/her behavior in any
				substantial manner.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.020 - Deception in General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify the meaning of terms whether or not used in
				  the Act. This rule specifies the settled meanings of certain terms used in the
				  enforcement of the Act and provides notice to the public of their
				  application
.
(1) Deception
				is any method, act, use, practice, advertisement or solicitation that has the
				tendency or capacity to mislead, deceive or cheat, or that tends to create a
				false impression.
(2) Reliance,
				actual deception, knowledge of deception, intent to mislead or deceive, or any
				other culpable mental state such as recklessness or negligence, are not
				elements of deception as used in section 407.020.1., RSMo (see
State ex
				rel. Danforth v. Independence Dodge, Inc
., 494 SW2d 362 (Mo. App.,
				W.D. 1973);
State ex rel. Ashcroft v. Marketing Unlimited
, 613
				SW2d 440 (Mo. App., E.D. 1981);
State ex rel. Webster v. Areaco
				Investment Co
., 756 SW2d 633 (Mo. App., E.D. 1988)). Deception may
				occur in securing the first contact with a consumer and is not cured even
				though the true facts or nature of the advertisement or offer for sale are
				subsequently disclosed.
Exposition Press, Inc. v. F.T.C
., 295
				F.2d 869 (2d Cir. 1961).
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.030 - Deceptive Format

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Practices specified
				  are not intended to be an all inclusive list of practices which are deceptive,
				  but this rule enumerates specific practices which are deceptive and are
				  violative of section
				  407.020,
				  RSMo.
(1) It is deception for
				any person in an advertisement or sales presentation to use any format which
				because of its overall appearance has the tendency or capacity to mislead
				consumers.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.040 - Fraud in General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application.
(1) Fraud includes any acts, omissions or
				artifices which involve falsehood, deception, trickery, breach of legal or
				equitable duty, trust, or confidence, and are injurious to another or by which
				an undue or unconscientious advantage over another is obtained.
(2) Fraud, as used in section 407.020.1.,
				RSMo is not limited to common law fraud or deceit and is not limited to finite
				rules, but extends to the infinite variations of human invention (see
Howard v. Scott
, 225 Mo 685, 125 SW 1158 (1910);
Skidmore v. Back
, 512 SW2d 223 (Mo.App. S.D. 1974);
United States v. Bishop
, 825 F.2d 1278 (8th Cir. 1987);
State v. Shaw
, 847 S.W.2d 768 (Mo. banc 1993)).
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.050 - False Pretense in General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application
.
(1) False pretense is any use of trick or
				deception, forgery, or false and fraudulent representation, statement,
				pretense, instrument or device with the intent to defraud (see
State v.
				Fields
, 366 SW2d 462 (Mo. 1963)).
(2) Reliance and injury are not elements of
				false pretense as used in section 407.020.1., RSMo.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.060 - False Promise in General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application.
(1) False promise is any statement or
				representation which is false or misleading as to the maker's intention or
				ability to perform a promise, or likelihood the promise will be
				performed.
(2) Reliance and injury
				are not elements of false promise as used in section 407.020.1.,
				RSMo.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.070 - Misrepresentation in General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application.
(1) A misrepresentation is an assertion that
				is not in accord with the facts (see Restatement, Second, Contracts, section
				159;
Packard v. K C One, Inc
., 727 SW2d 435 (Mo.App., W.D.
				1987)).
(2) Reliance, knowledge
				that the assertion is false or misleading, intent to defraud, intent that the
				consumer rely upon the assertion, or any other capable mental state such as
				recklessness or negligence, are not elements of misrepresentation as used in
				section 407.020.1, RSMo. (see
State ex rel. Dan-forth v. Independence
				Dodge, Inc
., 494 SW2d 362 (Mo.App., W.D. 1973); State ex rel.
Ashcroft v. Marketing Unlimited
, 613 SW2d 440 (Mo.App., E.D.
				1981);
State ex rel. Webster v. Areaco Investment Co
., 736
				SW2d 638 (Mo.App., E.D. 1988)).
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.080 - Material Untruths

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Methods, acts, uses
				  and practices specified are not intended to be an all inclusive list of
				  misrepresentation but this rule enumerates specific acts and practices which
				  are misrepresentations and are viola-tive of section
				  407.020,
				  RSMo.
(1) It is a
				misrepresentation for any person in connection with the advertisement or sale
				of merchandise to make an untrue statement of material fact.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.090 - Half-Truths

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Methods, acts, uses
				  and practices specified are not intended to be an all inclusive list of
				  misrepresentation, but this rule enumerates specific practices which are
				  misrepresentations and are violative of section
				  407.020,
				  RSMo.
(1) It is a
				misrepresentation for any person in connection with the advertisement or sale
				of merchandise to omit to state a material fact necessary in order to make
				statements made, in light of the circumstances under which they are made, not
				misleading.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.100 - Fraudulent Misrepresentations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application. Methods, acts, uses
				  and practices specified are not intended to be an all inclusive list of
				  misrepresentation, but this rule enumerates the specific acts and practices
				  which are misrepresentations and are violative of section
				  407.020,
				  RSMo
.
(1) It is a
				misrepresentation for any person in connection with the advertisement or sale
				of merchandise to make any fraudulent assertion.
(2) An assertion is fraudulent if the person
				intends his/her assertions to induce a consumer to purchase merchandise, and
				the person-
(A) Knows or believes that the
				assertion is not in accord with the facts; or
(B) Knows that he does not have a reasonable
				basis for his/her assertion (see Restatement, Second, Contracts, section
				162).
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 9 - Fraudulent and Omissive Acts and Practices › Section 15 CSR 60-9.110 - Concealment, Suppression or Omission of Any Material Fact in General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo.
				  The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407, RSMo and, in order to provide
				  notice to the public, may specify meanings of terms used in the Act. This rule
				  specifies the settled meanings of certain terms used in the enforcement of the
				  Act and provides notice to the public of their application.
(1) Concealment of a material fact is any
				method, act, use or practice which operates to hide or keep material facts from
				consumers.
(2) Suppression of a
				material fact is any method, act, use or practice which is likely to curtail or
				reduce the ability of consumers to take notice of material facts which are
				stated.
(3) Omission of a material
				fact is any failure by a person to disclose material facts known to him/her, or
				upon reasonable inquiry would be known to him/her.
(4) Reliance and intent that others rely upon
				such concealment, suppression or omission are not elements of concealment,
				suppression or omission as used in section 407.020.1., RSMo.
*Original authority: 407.020, RSMo 1967, amended 1973,
					 1985, 1986, 1992 and 407.145, RSMo 1986, amended
					 1993.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 10 - Reporting of Motor Vehicle Stops by Law Enforcement Agencies › Section 15 CSR 60-10.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule advises the public of the
				  definitions adopted for certain terms which are used in section
				  590.650,
				  RSMo, and the rules promulgated thereunder.
(1) The term "law enforcement agency," as
				used in section
				590.650,
				RSMo, shall mean the state highway patrol, any state, county, or municipal
				department or office that employs peace officers who stop drivers of motor
				vehicles for violations of any motor vehicle statute or ordinance.
(2) The term "peace officer," as used in
				section
				590.650,
				RSMo, shall mean any member of the state highway patrol, any state, county, or
				municipal law enforcement officer possessing the duty and power of arrest for
				violation of any criminal laws of the state or for violation of ordinances of
				counties or municipalities of the state who serve full-time, with
				pay.
(3) The term "search," as used
				in section
				590.650,
				RSMo, shall mean any action of a peace officer, arising out of a motor vehicle
				traffic stop, that infringes upon an individual's reasonable expectation of
				privacy.
(4) The term "Terry stop"
				shall mean a stop of an individual where specific and articulable facts,
				together with all rational inferences, suggest that the driver is involved in
				criminal activity. A Terry stop is an investigatory stop that is not an arrest
				and can be justified by less than the probable cause necessary for an
				arrest.
(5) The terms "Terry frisk"
				or "Terry search" shall mean a limited pat-down or frisk of the driver or his
				or her automobile for weapons which occurs when there are specific and
				articulable facts which, taken together with rational inferences from those
				facts, would lead a peace officer reasonably to believe the driver is armed and
				presently dangerous to the officer or others.
*Original authority: 590.650, RSMo
					 2000.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 10 - Reporting of Motor Vehicle Stops by Law Enforcement Agencies › Section 15 CSR 60-10.020 - Report to Attorney General by Law Enforcement Agencies

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Section
				  590.650,
				  RSMo, requires law enforcement agencies to compile and report certain
				  information to the Attorney General. This rule provides instructions regarding
				  the information to be reported pursuant to section
				  590.650,
				  RSMo.
PURPOSE: This amendment changes the reporting
				  requirements for law enforcement agencies regarding traffic stops by adding
				  questions on officer assignment, driver residential zip code, and reason for
				  citation or warning while amending other questions and consolidating
				  content.
(1) On or before
				March 1 of each year, law enforcement agencies shall compile the information
				collected pursuant to section 590.650.2, RSMo and enumerated in this rule into
				a report to the Attorney General. The information contained in the report shall
				cover January 1 to December 31 of the preceding calendar year.
(2) Each law enforcement agency shall compile
				the following information in the manner described in section (3) of this rule
				for submission to the Attorney General. The information shall pertain to the
				total number of times peace officers employed by the law enforcement agency
				stopped drivers of motor vehicles for violations of any motor vehicle statutes
				or ordinances, and shall include:
(A) The
				type of assignment the peace officer was on at the time of the stop.
1. For the total number of stops made during
				the reporting period, indicate the type of assignment using one (1) of the
				following categories: General Patrol; Dedicated Traffic Enforcement; or Special
				Assignment;
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 10 - Reporting of Motor Vehicle Stops by Law Enforcement Agencies › Section 15 CSR 60-10.030 - Reporting Forms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the format in which
				  law enforcement agencies can comply with their reporting obligations under
				  section
				  590.650,
				  RSMo, and
				  15
				  CSR 60-10.020.
PURPOSE: This amendment updates the form used to
				  report information on motor vehicle stops and allows law enforcement agencies
				  to meet reporting requirements by providing information on every stop conducted
				  in a reporting year.
(1) No
				report from a law enforcement agency shall be deemed to be in compliance with
				section
				590.650,
				RSMo, unless the report or disaggregated data submission described in
				15 CSR
				60-10.020 section (5) contains a compilation of the
				information enumerated in
				15 CSR
				60-10.020.
(2) No report from a law enforcement agency
				shall be deemed to be in compliance with section
				590.650,
				RSMo, unless the report is signed by the law enforcement agency head, director,
				or administrator.
(3) The report to
				the Attorney General shall be made on a form or forms furnished by or approved
				by the Attorney General. The form, included herein, may be used by law
				enforcement agencies to collect and compile the required information to submit
				to the Attorney General. The reporting forms may, at the discretion of the
				Attorney General, be made available on the Internet.
(4) The Attorney General may create informal
				guidelines for compliance with the reporting form. The guidelines may, at the
				discretion of the Attorney General, be made available on the Internet.
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*Original authority: 590.650, RSMo 2000, amended
					 2001.