Promotion program, notice to attorney general, requirements
Anyone who plans to use prizes, sweepstakes, gifts, or other giveaways to promote or sell time-share properties in Missouri must tell the Missouri attorney general in writing at least 14 days before the promotion goes public, and must include specific details like the odds of winning, the prizes' retail value, and who is running the promotion. If a promised gift is not given during a visit to a sales office, the seller has 10 days to deliver the gift or its cash value instead. If a person still does not get the gift or cash, that person can sue and may receive at least five times the retail value of the most expensive prize offered, up to $1,000.
407.610. program, notice to , requirements — practices — failure to comply, . — 1. Any person who intends to use any or , including any , gift , drawing or display booth, or any other such award or prize items, to advertise, sales or sell any , , or in the state of Missouri or sell any tourist-related s as defined 9 of this section where a is required to provide any other than monetary for such tourist-related services, shall notify the Missouri attorney general in writing of this intention not less than fourteen days prior to of such s to the public. Included with such notice shall be an exact copy of each promotional device and promotional program to be used. Each promotional device, promotional program, and the notice thereof shall include the following :
(1) A statement that the promotional device or promotional program is being used for the purpose of soliciting sales of a time-share period, time-share plan or time-share property;
(2) The date by which all such awards or other prize inducement items will be awarded;
(3) The method by which all such items will be awarded;
(4) The odds of being awarded such items;
(5) The of such items; and
(6) The names and addresses of each time-share plan or participating in the promotional device or promotional program.
2. In the case of any promotional device or promotional program to advertise, solicit sales, or sell any time-share period, time-share plan, or time-share property in this state, the information required under subsection 1 of this section for each promotional device or promotional program, and the notice thereof, shall be provided in writing or electronically to the purchaser at least once within a reasonable time period before a scheduled sales presentation to ensure that the prospective purchaser receives the information prior to attending such presentation. The required information need not be included in every or other written, oral or electronic communication provided or made to a prospective purchaser before a scheduled sales presentation.
3. Any in a promotional device or promotional program previously submitted to the attorney general shall constitute a new promotional device or promotional program and shall be resubmitted to the attorney general with the notice thereof.
4. It shall be a violation of for any person to:
(1) Fail to comply with the of the notice requirements of this section;
(2) Provide to the attorney general in the notice required by this section any information that is false or misleading in a material manner;
(3) Represent to any person that the of the notice of the promotional device or the promotional program constitute an or approval of the promotional device or promotional program by the attorney general;
(4) Engage in any act or practice declared to be unlawful by section 407.020 in connection with the use of any promotional device or promotional program or any advertisement, or sale of time-share plans, or time-share property.
5. At least one of each prize featured in a promotional program shall be awarded by the day and year specified in the promotion. When a promotion promises the award of a certain number of each prize, such number of prizes shall be awarded by the date and year specified in the promotion. A shall be maintained containing the names and addresses of winners of the prizes and the record shall be made available, upon request, to the public, upon the payment of reasonable reproduction costs. If a for any reason does not provide, at the time of a or to a time-share sales office, the inducement gift which was promised, the seller shall the gift, or an acceptable substitute therefor agreed upon in writing, to the prospective purchaser or purchaser no later than ten days following such visitation, or shall deliver instead of such gift cash in an amount equal to the of the gift.
6. If a prospective purchaser or purchaser does not receive the gift or the cash as provided in subsection 5 of this section, he may bring an under the provisions of . For purposes of actions brought pursuant to this section, the term "", as used in section 407.025, shall mean at least five times the cash retail value of the most expensive gift offered, but shall not exceed one thousand dollars, in addition to such other actual damages as may be determined by the evidence.
7. The provisions of sections 407.600 to 407.630 shall not apply to a person who has acquired a time-share period for his own occupancy and later offers it for .
8. If the sale of a time-share plan or of time-share property is subject to the provisions of sections 407.600 to 407.630, such sale shall not be subject to the provisions of .
9. For the purposes of this section, the term "tourist-related services" includes, but is not limited to, selling or entering into contracts or other arrangements under which a purchaser receives a , coupon or contract for car rentals, lodging, transfers, entertainment, sightseeing or any service reasonably related to air, sea, rail, motor coach or other medium of transportation directly to the consumer.
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Source & history notes
(L. 1985 H.B. 96, et al., A.L. 1988 H.B. 988, A.L. 2002 H.B. 1041, A.L. 2007 S.B. 166)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.