Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 4 - Time-Sharing Rules › Section 15 CSR 60-4.030 - Promotional Devices Considered to Be Misleading

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes and clarifies specific
				  types of marketing techniques used in promotion programs or devices which are
				  considered to be misleading to consumers and shall be incorporated into
				  subsection 1 of section
				  407.610,
				  RSMo as a standard upon which the approval or disapproval of the promotional
				  program shall be made by the attorney general as required by subsection 1 of
				  section
				  407.610,
				  RSMo
.
(1) A promotional
				device shall not employ any terms such as national representative, central
				representative or midwest representative which lead the recipient to believe
				s/he has been selected as the only recipient from a particular geographical
				area or other similar designated class, unless, in fact, this is the
				case.
(2) A promotional device
				shall not employ any terms, such as finalist, award winner or similar terms
				which may lead the consumer to believe that s/he has been selected, randomly or
				by any other method, from a larger group of persons to compete or participate
				in final competition or to receive an award or prize unless this is, in fact,
				the case.
(3) A promotional program
				shall not represent to a consumer that s/he is being notified for the second or
				final time in the promotional program of the right to participate and collect
				his/her prize, gift, award or discount in exchange for participating in a sales
				presentation and touring a time-share property or facility, if, in fact, it is
				not the second or final attempt to notify the consumer of the offer.
(4) A promotional device shall not employ the
				use of any device resembling a negotiable instrument, such as a check, money
				order or cashier's check, in a way as to mislead the recipient to believe s/he
				is in receipt of a negotiable instrument.
(5) A promotional device shall not refer to a
				prize, gift, award or any type of inducement as being previously claimed
				unless, in fact, all of those prizes, gifts, awards or other type of
				inducements have been awarded during the same promotional program. No prize,
				gift, award or other inducement device shall be offered unless, in fact, at
				least one (1) of such prizes, gifts, awards or other types of inducements is
				available to be awarded at the beginning of the promotional device.
(6) A promotional device shall not
				misrepresent the source of a promotional device by leading the recipient to
				believe that the promotional device is mailed or connected with a governmental
				or official agency, credit bureau, bank or attorney, unless, in fact, the
				entity represented as being the source is the source of mailing.
(7) A promotional device shall not represent
				that there is a limited time in which to accept the terms of the offer in a
				promotional device or that a gift is only available on the day a recipient
				visits the time-share property or facility, if, in fact, such is not the case.
				A promotional device shall not be represented that it is urgent, nor shall it
				convey a sense of urgency by use of description, narrative copy or phrasing on
				the envelope, unless, in fact, there is a limited time period in which a
				recipient must accept the terms of the offer in the promotional device. Such
				limited time period must be clearly stated in the promotional device.
(8) A promotional device shall not
				misrepresent the manufacturer's suggested retail price. The attorney general
				may request documentation from the developer, seller or marketing
				representative of a time-share property in order to verify the accuracy of the
				manufacturer's suggested retail price.
(9) A promotional device shall not
				misrepresent any rule, term, requirement or preconditions necessary to be
				fulfilled by the recipient in order to claim the prize, gift, award or
				inducement offered.
*Original authority: 407.145, RSMo
					 1986.