As used in this Chapter, the following words and terms shall
mean:
The attempt by publication, dissemination, solicitation,
circulation, or any other means to induce, directly or indirectly,
any person to enter into any obligation or acquire any title or interest
in any merchandise.
The material", the original or a copy of any book, record,
report, memorandum, paper, communication, tabulation, map, chart,
photograph, mechanical transcription, or other tangible document or
recording, wherever situated.
The inspection, study, or copying of such material, and the
taking of testimony under oath or acknowledgment in respect to any
documentary material or copy thereof.
Any objects, wares, goods, commodities, intangibles, real
estate or services.
Any natural person or his/her legal representative, partnership,
firm, for profit or not for profit corporation, whether domestic or
foreign, company, foundation, trust, business entity or association,
and any agent, employee, salesman, partner, officer, director, member,
stockholder, associate, trustee or cestui que trust thereof.
Any sale, lease, offer for sale or lease, or attempt to sell
or lease merchandise for cash or on credit.
The advertising, offering for sale, sale, or distribution,
or any combination thereof, of any services and any property, tangible
or intangible, real, personal, or mixed, and any other article, commodity,
or thing of value wherever situated. The terms "trade" and "commerce"
include any trade or commerce directly or indirectly affecting the
people of this State.
A.
The
act, use or employment by any person of any deception, fraud, false
pretense, false promise, misrepresentation, unfair practice or the
concealment, suppression, or omission of any material fact 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, RSMo., 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, RSMo., in or from the State of Missouri of the
fact that the Attorney General has approved any filing required by
this Chapter as the approval, sanction or endorsement of any activity,
project or action of such person, is declared to be an unlawful practice.
Any act, use or employment declared unlawful by this Subsection violates
this Subsection whether committed before, during or after the sale,
advertisement or solicitation.
B.
Nothing
contained in this Section shall apply to:
1.
The owner or publisher of any newspaper, magazine, publication or
printed matter wherein such advertisement appears, or the owner or
operator of a radio or television station which disseminates such
advertisement when the owner, publisher or operator has no knowledge
of the intent, design or purpose of the advertiser; or
2.
Any institution or company that is under the direction and supervision
of the director of the division of savings and loan, director of the
department of insurance, or director of the division of finance, unless
the directors of such divisions 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.
A.
A person
commits the crime of deceptive business practice if in the course
of engaging in a business, occupation or profession, he/she recklessly
1.
Uses or possesses for use a false weight or measure, or any other
device for falsely determining or recording any quality or quantity;
or
2.
Sells, offers or exposes for sale, or delivers less than the represented
quantity of any commodity or service; or
3.
Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he/she furnishes the weight or
measure; or
4.
Sells, offers or exposes for sale adulterated or mislabeled commodities;
or
5.
Makes a false or misleading written statement for the purpose of
obtaining property or credit.
B.
Deceptive
business practice is a misdemeanor.
In the construction of Section 630.030, the following words shall have the meanings set out herein:
Varying from the standard of composition or quality prescribed
by Statute or lawfully promulgated administrative regulations of this
State lawfully filed, or if none, as set by commercial usage.
To take, obtain, use, transfer, conceal or retain possession
of.
A threat, however communicated:
To commit any crime; or
To inflict physical injury in the future on the person threatened
or another; or
To accuse any person of any crime; or
To expose any person to hatred, contempt or ridicule; or
To harm the credit or business repute of any person; or
To take or withhold action as a public servant, or to cause
a public servant to take or withhold action; or
To inflict any other harm which would not benefit the actor.
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A threat of accusation, lawsuit or other invocation of official
action is not coercion if the property sought to be obtained by virtue
of such threat was honestly claimed as restitution or indemnification
for harm done in the circumstances to which the accusation, exposure,
lawsuit or other official action relates, or as compensation for property
or lawful service. The defendant shall have the burden of injecting
the issue of justification as to any threat.
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A writing, number or other device purporting to evidence
an undertaking to pay for property or services delivered or rendered
to or upon the order of a designated person or bearer.
A person in the business of buying and selling goods.
Purposely making a representation which is false and which
the actor does not believe to be true and upon which the victim relies,
as to a matter of fact, law, value, intention or other state of mind.
The term "deceit" does not, however, include falsity
as to matters having no pecuniary significance, or puffing by statements
unlikely to deceive ordinary persons in the group addressed. Deception
as to the actor's intention to perform a promise shall not be inferred
from the fact alone that he/she did not subsequently perform the promise;
Varying from the standard of truth or disclosure in labeling
prescribed by Statute or lawfully promulgated administrative regulations
of this State lawfully filed, or if none, as set by commercial usage;
or represented as being another person's product, though otherwise
accurately labeled as to quality and quantity.
Property or services is that "of another" if any natural person, corporation, partnership, association, governmental
subdivision or instrumentality, other than the actor, has a possessory
or proprietary interest therein, except that property shall not be
deemed property of another who has only a security interest therein,
even if legal title is in the creditor pursuant to a conditional sales
contract or other security arrangement.
Anything of value, whether real or personal, tangible or
intangible, in possession or in action, and shall include but not
be limited to the evidence of a debt actually executed but not delivered
or issued as a valid instrument.
Acquiring possession, control or title or lending on the
security of the property.
Includes transportation, telephone, electricity, gas, water,
or other public service, accommodation in hotels, restaurants or elsewhere,
admission to exhibitions and use of vehicles.
Includes printing, any other method of recording information,
money, coins, negotiable instruments, tokens, stamps, seals, credit
cards, badges, trademarks and any other symbols of value, right, privilege
or identification.
[CC 1983 §55.050]
A person commits the offense of altering an odometer if, with
the purpose of misrepresenting to a prospective or eventual purchaser
the number of miles traveled by a motor vehicle, he/she disconnects,
changes or causes to be disconnected or changed, any mileage registering
device on a motor vehicle so as to thereby indicate a different mileage
than such motor vehicle has actually traveled. For the purpose of
this Section "motor vehicle" means any self-propelled
vehicle not operated exclusively upon tracks.
[CC 1983 §55.060]
A person commits the offense of false advertising if, in connection
with the promotion of, the sale of, or to increase the consumption
of, property and services, he/she recklessly makes or causes to be
made a false or misleading statement in any advertisement addressed
to the public or to a substantial number of persons.
[CC 1983 §55.070]
A.
A person
commits the offense of bait advertising if he/she advertises in any
manner the sale of property or services with the purpose not to sell
or provide the property or services:
[CC 1983 §55.080]
The offense described in Sections 630.030 through 630.070 shall be included offenses in the unlawful practices prohibited by Section 630.020. No person shall be convicted of a violation of both Section 630.020 and of one or more of Sections 630.030 through 630.070 as a result of the same act by him/her.
