Unlawful practices, penalty
This law says it is illegal for anyone selling things or raising money for charity in Missouri to lie, trick, hide important facts, or use unfair tactics. It is also illegal to claim the attorney general approved or endorsed something just because they reviewed required paperwork. Some businesses like banks and insurance companies are not covered by this law. Sellers of new homes can also be left out if they give the buyer a warranty and include a specific warning in the contract. Someone who breaks this law on purpose to cheat people can be charged with a felony. Nursing homes and similar facilities that make claims about their quality of care must share documents showing how they measure that care if asked.
Classifications stated in the statute. Actual outcomes vary.
407.020. s, — exceptions. — 1. The act, use or by any person of any deception, , , false promise, , unfair practice or the , , or of any in connection with the sale or of any in trade or commerce or the of any funds for any , as defined in section 407.453, in or from the state of Missouri, is declared to be an unlawful practice. The use by any person, in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri of the fact that the has approved any required by this chapter as the approval, or of any activity, project or of such person, is declared to be an unlawful practice. Any act, use or employment declared by this violates this subsection whether committed before, during or after the sale, advertisement or solicitation.
2. Nothing contained in this section shall apply to:
(1) The owner or publisher of any newspaper, magazine, or printed matter wherein such advertisement appears, or the owner or of a radio or television station which such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser;
(2) Any institution, company, or that is subject to chartering, licensing, or by the under chapter 354 or chapters 374 to 385, the of the of unions under chapter 370, or director of the division of finance under chapters 361 to 369, or chapter 371, unless such specifically authorize the attorney general to implement the powers of this chapter or such powers are provided to either the attorney general or a private citizen by statute; or
(3) Any advertisement, merchandise, or transaction in which the merchandise consists of a new residence in a transaction in which the buyer is offered and accepts in the sale contract an by the builder or through a company paid for by the builder and the sale contract contains substantially the following disclaimer in all capital letters with characters of at least ten-point type: "THIS CONTRACT, MERCHANDISE AND PROPERTY CONVEYED UNDER THIS CONTRACT AND THE TRANSACTION BETWEEN THE AND BUYER IS EXCLUDED FROM COVERAGE UNDER THE MERCHANDISING PRACTICES ACT, SECTIONS 407.010 TO 407.130, RSMO.". As used in this section, the term "residence" shall mean a single-family house, duplex, triplex, quadruplex, or a unit in a multiunit residential structure in which to each individual unit is transferred to the owner under a or system and shall include common areas and common elements as defined in (4) of section 448.1-103.
3. Any person who engages in any act, use, employment or practice declared to be unlawful by this section with the shall be guilty of a .
4. It shall be the duty of each and in their respective s to commence any criminal actions under this section, and the attorney general shall have to commence such criminal actions throughout the state where such violations have occurred.
5. It shall be an unlawful practice for any , as defined in section 192.2300, except a facility which is a or an , as defined in section 198.006, which makes, either orally or in writing, representation to residents, residents, their families or representatives regarding the quality of care provided, or systems or methods utilized for or of standards of care to refuse to provide copies of documents which reflect the facility's of the quality of care, except that the facility may remove that would allow identification of any resident. If the facility is requested to provide any copies, a reasonable amount, as established by al , may be charged.
6. Any long-term care facility, as defined in section 192.2300, which commits an unlawful practice under this section shall be for in a of up to one thousand dollars for each violation, and and costs incurred by a , as allowed by the .
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Source & history notes
(L. 1967 p. 607 § 2, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685, A.L. 1992 S.B. 705, A.L. 1994 H.B. 1165, A.L. 1995 H.B. 409, A.L. 2000 S.B. 763, A.L. 2008 S.B. 788, A.L. 2014 S.B. 491, A.L. 2020 S.B. 591) Applicability of statute changes for cases filed after August 28, 2020, 510.262
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.